Last updated: 1 July 2021
Please read these Terms and Conditions carefully before using our website.
Interpretation
The words in which the initial letter is capitalized are defined below. Definitions shall have the same meaning regardless of whether they appear in singular or in plural form.
Definitions
For the purposes of this Terms and Conditions Agreement:
- Affiliate means an entity that controls, is controlled by, or is under common control, with a party. “Control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors, or other managing authority.
- Company (also “the Company”, “We”, “Us”, or “Our”) refers to Sunny Simplicity.
- Device means any device that can access the Service such as a computer, a cellular phone, or a digital tablet.
- Party means a person or group taking one side of a question, dispute, or contest.
- Service refers to the website.
- Terms and Conditions (also referred to as “Terms” or “Agreement”) mean these Terms and Conditions that form the entire Agreement between You and the Company regarding the use of the Service.
- This Terms and Conditions Agreement has been created with the help of the Terms and Conditions Generator.
- Third-party means any service(s) or content (including data, information, products, or services) provided by a separate person, company, or group that may be displayed, included, or made available by the Service.
- Website refers to sunnysimplicity.com.
- You means the individual accessing or using the Service, or the Company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the Agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Service. It further tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Code of Conduct
You agree that You will not individually, or as part of any collective effort, submit, post, or email information to this website that could be deemed harmful or offensive, nor will You impersonate another user in order to hide Your identity, or to implicate another in such actions. You further agree not to: (i) use any robot, spider, or other automatic device, process, or means to access this website for any purpose, including, without limitation, for monitoring or copying any of the material on this website; (ii) use any manual process to monitor or copy any material on this website, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iii) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this website, the server on which this website is stored, or any server, computer, or database connected to this website or any linked website; (iv) attack this website via a denial-of-service attack or a distributed denial-of-service attack; (v) introduce any virus, trojan horse, work, logic bomb, or other material that is malicious or technologically harmful; or (vi) do anything that might disrupt the flow of data to or from this website, impact the service or performance of this website, or otherwise circumvent any of the controls or usage rules that we have implemented. You understand that the result of harmful or offensive actions (and of any breach of these Terms) immediately terminates your right to use this website and its materials, and may include legal action against you. Upon termination of your right to use this website, you must (at our option) return or destroy any copies of materials from this website that you have made.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. Therefore, the Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.
Although good-faith efforts have been made to link only to tasteful and appropriate websites, some may contain inappropriate or objectionable material. If You find such material while using a website that You accessed through a link on this website, please notify us immediately. Regardless, we do not control, endorse, or adopt any third-party content and we have no responsibility for the same, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. You must evaluate and bear all risks associated with third-party content.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR ANY OTHER DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF YOUR USE OF, OR YOUR INABILITY TO USE, THIS WEBSITE OR THE MATERIALS OF THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST WAGES, PROPERTY DAMAGE, LOST PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, AND LOSS OF PROGRAMS, DATA, OR OTHER INFORMATION LOCATED ON YOUR INFORMATION HANDLING SYSTEM, EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN SUCH STATES, EACH PARTY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
“As is” and “As Available” Disclaimer
The Service is provided to You “as is” and “as available”, and with all faults and defects, without warranty of any kind. To the fullest extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates, and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Dispute Resolution
If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute by contacting the Company directly before taking any formal action.
Jurisdiction and Governing Law
This Agreement is governed by the laws of the State of Utah within the United States of America, as applied to agreements entered into, and to be performed entirely within the state, without giving effect to any conflict-of-law principles. Any action You bring to enforce this Agreement, or any matters related to these Terms or the Service, must be filed with either a state or federal court located in Salt Lake County, Utah, which will have exclusive jurisdiction over any such action. You hereby consent anad submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms is unlawful, void, or unenforceable in whole or in part, the remaining provisions will not be affected. Your use of the Service may also be subject to other local, state, national, or international laws.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
The United States Legal Compliance
You represent and warrant that: (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Permission to Use Copyrights and Trademarks
To request permission for use of Our copyrighted material or trademarks, please contact us. Please note that the approximate time-frame for receiving a reply may take up to 4 weeks.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is a material change, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, please contact us.