By visiting and using www.soperfectlysimple.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.

The term “you” refers to anyone who uses, visits and/or views the website. SoPerfectlySimple (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments.  It is your responsibility to periodically check the website for updates.

Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

 

TERMS AND CONDITIONS (AKA TERMS OF PURCHASE)

By purchasing our e-books and/or products , you accept and agree to be bound by these Terms and Conditions (hereinafter “Terms and Conditions” or “Agreement”) including our Disclaimer and Privacy Policy posted on our website at soperfectlysimple.com (hereinafter the “website”) and incorporated herein by reference.

The term “you” refers to anyone who purchases these e-books and/or products, uses, visits and/or views our website. SOPERFECTLYSIMPLE (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using our e-books and/or products, you accept those amendments.  It is your responsibility to periodically check the website for updates.

Your continued use of the course and website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access these e-books and/or products, or use the website if you do not wish to be bound by these Terms and Conditions.

 

INTENDED AGE

All information and content on this website are intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this website.

 

PRIVACY POLICY

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

 

DISCLAIMER

Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.

 

E-BOOKS AND/OR PRODUCTS DESCRIPTION AND PRICE

The price of the e-book and/or product is what you paid at the time of placing the order and you are bound by that price. Prices are always subject to change at any time without notice. You will not be issued a partial refund should we lower the price in the future or offer a special discount. We may also increase the price of these e-books and products at any time before you place the order. Prices will be in the Canada currency (CD) unless stated otherwise.

 

ONLINE PAYMENTS

We use third party service providers to process your payments. You authorize us to charge your credit or debit card, PayPal, Stripe or bank account for the purchase of these e-books and/or products. If we offer a payment plan then you authorize us to charge recurring payments to you as stated on the checkout page when you purchase the course.

 

MANDATORY ARBITRATION AND GOVERNING LAW

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of Canada and the United States.

You agree to consent and submit to the jurisdiction of the state and federal courts located in Canada without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.

You agree to resolve any disputes or claims first through mandatory arbitration in Canada and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.

 

INTELLECTUAL PROPERTY

All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by SoPerfectlySimple and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.  You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

 

USER CONTENT AND LAWFUL USE OF THE WEBSITE

For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.

You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.

 

You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-

(a) illegal, violates or infringes upon the rights of others,

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,

(e) any attempts to gain unauthorized access to any portion or feature of the website, and

(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.

 

LEGAL COMPLIANCE

By purchasing and accessing our e-books and/or products, you agree that you are solely responsible for compliance with the laws and regulations of the United States. You represent and warrant to us that the e-book and/or product will be used by you (the purchaser) only and you will use the –book and/or product materials lawfully and properly at your own risk.

 

THIRD-PARTY LINKS

The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.

 

DISCLAIMER

Any business tools, equipment, examples, materials, videos, graphics displayed in our e-books and/or products are only shown as examples of how to use them and what results might be possible now or in the future. There can be no assurances as to any particular outcome based on the use of such materials or information. This information is only shared as examples with you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same tools, information, equipment, reviews, products, services, tips and techniques offered. You are solely responsible for your results and exercising your own due diligence before relying on the information presented in our e-books and/or products.

 

NO GUARANTEE OR PROMISES

You agree that no specific results or promises are being made by the purchase of our e-books and/or products. We cannot guarantee the results or effectiveness of the tips, products, equipment, techniques or information shared in these e-books and/or products. No particular outcome, sales, savings or earnings are being promised to you either.

Through our website, e-books, and any other products and/or services, we aim to support and teach you blogging tips, house hosting concepts, as well as share recipes. But your success with our e-books, products and/or services depends completely on your own effort, work ethic, commitment and dedication. We cannot and do not guarantee or promote results of any kind and each individual’s results will vary based on their own individual performance and efforts. Any examples or results we share with you are for informational purposes only to show you what’s possible. Ultimately, you are solely responsible for your successes and failures with our e-books, and any other products and/or services including your application of any other information you receive from our website.

 

GRANT OF RIGHTS AND TESTIMONIAL RELEASE

 You grant us rights to use your photo, video or written testimonial (the “Testimonial”) made on behalf of us to be used in connection with publicizing and promoting our business. By doing so, you authorize us to use your name, brief biographical information, and the Testimonial without compensation.

You hereby irrevocably authorize us to copy, exhibit, publish or distribute the Testimonial for purposes of publicizing our programs or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites or in any other distribution media.

You agree that you will make no monetary or other claim against us for the use of the statement. In addition, you waive any right to inspect or approve the finished product, including written copy or edited video where the testimonial appears.

Both Parties hereby release and forever discharge and hold harmless each other, its assigns, licensees and successors from any and all claims that may arise regarding the use of the Testimonial including but not limited to suits, debts, dues, expenses, damages, claims and demands of any kind at law or in equity or under any statute, invasion of privacy, defamation, infringement of moral rights, rights of publicity, copyright or any other cause whatsoever related to the use of the Testimonial.

 

USE OF OUR PAID AND FREE PRODUCTS

We may offer free products for you to download and also sell paid courses, programs, physical or digital products and any other related materials (collectively, “products”) on this website. All our products and/or services including all content are protected by copyright pursuant to the US and international copyright laws. You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.

You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

 

TERMINATION

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

 

NO REFUNDS

All sales of products and/or services on this website are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price.

 

NO WARRANTIES

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

 

LIMITATION OF LIABILITY

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary, injuries or any other damages resulting from your use of our e-books and/or products including but not limited to all the content, information, videos, products, services and graphics presented inside our e-books and/or products and on our website.

We do not warrant that any products, equipment, tools, tips, strategies, or any other information presented in our e-books and/or products will be free and clear from errors or interruptions or failures. We have no control over the third-party products recommended and will not be liable for such failures or any injuries caused by your use of them.

Some of the tools and tips shared in our e-books and/or products may result in physical or property damage if not used properly. You expressly agree that your use of our e-books and/or products and website including all the information, equipment, tools, and materials shared is at your sole risk and that you are solely responsible for the accuracy of the information provided, the outcome of your actions, personal and business results, and for all other use in connection with our e-books and/or products.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions in our e-books and/or products, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the e-books, products, and website, website attacks including computer virus, hacking of information, and any other system failures; 2)  any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 3) any use or misuse of the information, products and/or services offered in the course.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you in the course and on our website.

 

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of our e-books and/or products including purchasing other products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of these terms and conditions by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

 

ENTIRE AGREEMENT

These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

 

SEVERABILITY

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

 

CAPTIONS

 Captions have been inserted solely for the convenience of reference and in no way define, limit or describe the scope or substance of any provisions of these Terms and Conditions.

 

COUNTERPARTS

 These Terms and Conditions may be executed in two (2) or more counterparts, including by tele-copier, tele-facsimile, or by electronic means, such as by encrypted digital signature, by electronic mail transmission of a portable document format (PDF) scan of the original document or a copy thereof; and when so executed, will have the same force and effect as though all signatures appeared on a single document. Emails and copies of signatures are acceptable in lieu of originals. Prior to purchasing the course, you will click to accept these Terms and Conditions electronically and by purchasing the course, you agree to be bound by them.

 

CONTACT

For any questions, please contact us at linda@soperfectlysimple.com