Terms & Conditions

TERMS AND CONDITIONS

 Last updated: October 1, 2023

 These Terms and Conditions (the “Terms”) are between Simply Smart Learning, LLC (“us”, “we”, or “our”) and you (“you” or “your”) and address your use of the Simply Smart Learning website (the “Site,” www.simplysmartlearning.com), which is owned exclusively by us. Please read these Terms carefully before accessing or using the Site.

 BY SELECTING THE “CONTINUE” BUTTON or BY SELECTING THE “I have read, understood and I agree to the above Terms and Conditions of use” CHECKBOX BELOW, OR BY ACCESSING OR USING THE SERVICES OR THE MATERIALS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AND YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18, AS THE SITE MAY NOT BE APPROPRIATE FOR CHILDREN.

 IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU AGREE THAT YOU WILL NOT ATTEMPT TO ACCESS OR USE THE SITE.

NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.

Communications 

By accessing the Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

 Content

 Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Site, including its legality, reliability, and appropriateness.

 By posting Content on or through the Site, you represent and warrant that: (a) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (b) that the posting of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

 You retain any and all of your rights to any Content you submit, post or display on or through the Site and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Site. However, by posting Content using the Site you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to these Terms.

 We have the right but not the obligation to monitor and edit all Content provided by users, while acknowledging that the Content is, and shall remain, your sole property.

 These terms do not constitute an assignment or grant to you of any right, title or interest in or to the Site, or any of its source code, other than the grant of rights to use the Site contained herein and you may not use the Site other than as specifically permitted hereunder. You agree that in using the Site, you will in no way represent that you have any right, title or interest in or to the Site other than as expressly granted under these Terms. You may not copy, modify, distribute or transfer, display, sublicense, rent, reverse engineer, de-compile or disassemble the Site, including source or object code, or any other part of the Site.

 None of your Content shall consist of (a) pornographic, hate-related or violent content, or (b) other content that violates or encourages conduct that would violate (i) any applicable criminal laws, (ii) any other applicable laws or (iii) or any third-party rights.

 You should seek the advice of a physician or other qualified health provider with whom you have such a relationship if you have questions regarding any medical or psychiatric condition or if you are experiencing any symptoms of or believe you may have a medical or psychiatric condition, regardless of any information contained within the Content. You should not ignore professional medical advice or delay in seeking it because of any Content. Furthermore, you should not interpret any reports or any other Content as recommending any specific treatment plan, product or course of action. You should always consult your physician or other qualified health provider before starting any new treatment or stopping any treatment that has been prescribed by your physician or other qualified health provider.

 Neither the Content nor the Site is intended to replace medical advice from a health professional and we do not accept any liability for any error or omission, injury, expense, loss or damage incurred by you or another party as a result of you using or relying on any information contained on the Site. All users are urged to seek advice from a qualified health care professional for diagnosis and answers to their medical questions.

 Site Access/Account

 When you access the Site, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site. If you are under the age of 18 you must provide us with parental consent to your access of the Site or any part thereof. Until that occurs, you will not have access to the Site.

 You are responsible for maintaining the confidentiality of your Site account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is harmful, offensive, vulgar or obscene.

Intellectual Property

 The Site and its original content, features and functionality are and will remain our sole and exclusive property. The Site may be protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS GRANTS ANY RIGHT, TITLE, OR INTEREST IN OR TO (INCLUDING ANY LICENSE UNDER) ANY INTELLECTUAL PROPERTY IN OR RELATING TO, THE SITE, OR OUR SERVICES, OR ANY MATERIALS PROVIDED BY US TO YOU, WHETHER EXPRESSLY, BY IMPLICATION, ESTOPPEL, OR OTHERWISE. All right, title, and interest in and to the Site, the Site, our services, and our intellectual property will remain with us (subject to any limitations associated with intellectual property rights of third parties with respect to intellectual property provided by such third parties), even if enhancements or other changes are suggested or requested by you and become incorporated into the Site, the Site, or any of our services or intellectual property.

 You hereby grant to us a royalty-free, perpetual, worldwide, fully paid-up, unlimited and non-exclusive license to use, upload, display, copy and store all User Data. “User Data” means information, data, and other content, in any form or medium that is collected downloaded, or otherwise received, directly or indirectly from you by or through the Site, the Site or our services. For the avoidance of doubt, User Data does not include any Content submitted by you to us.

 Links To Other Web Sites

Our Site may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 Privacy

 We respect the privacy and confidentiality of your personal information and so do not collect it, except where you provide such information in the course of using the Site.  By submitting personal information to us, you acknowledge and agree that you have consented to the collection, use and disclosure of that personal information as specified on any collection form.  Our general policies with respect to the collection, use and disclosure of personal information are reflected in our privacy policy, found at www.simplysmartlearning.com (the “Privacy Policy”) and any questions in that regard may be directed to our privacy officer (as identified in the Privacy Policy).  Should we change our Privacy Policy, the revised policy will be posted prominently on the Site.

Public Area Disclaimer

The opinions expressed by those providing comments in any public-access areas of the Site (the “Public Areas”) do not necessarily reflect our opinions. The Public Areas comment sections are not intended as, and are not, a substitute for professional medical advice. All decisions about clinical care should be made in consultation with your treating physician.

When participating in a Public Area, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated. We are not responsible for the content or accuracy of any information and will not be responsible for any reliance or decisions made based on such information. When using a Public Area, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Public Area. Use of a Public Area for commercial purposes of any kind is strictly prohibited. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of these Terms.

Cookies and Web Beacons

To enhance your experience with the Site, we reserve the right to use “cookies”.  Cookies are text files placed in your computer’s browser to store your preferences.  Cookies, by themselves, do not tell us your email address or other personal information unless you choose to provide this information to us.  However, once you choose to furnish the Site with personal information, this information may be linked to the data stored in the cookie.

We use cookies to understand Site and Site usage and to improve the content and offerings on the Site and/or the Site.  For example, we may use cookies to personalize your experience at the Site or Site (e.g., to recognize you by name when you return to the Site or Site) or save your password in password-protected areas.  We also may use cookies to offer you products, programs, or services.

“Web beacons” or clear .gifs are small pieces of code placed on a web page to monitor the behavior and collect data about the visitors viewing a web page.  For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.  We may use web beacons on the Site from time to time for this and other purposes.

Misuse

In consideration of the availability, and your use of, the Site, you agree to comply with all applicable laws and the Terms when using the Site. You also agree that neither you, nor any person influenced by you, or any person acting under your direction, will:

1. use the Site in such a way that violates applicable laws, license agreements, copyright, or other intellectual property rights;
2. post, transmit, link to, or otherwise distribute any materials, information, or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other use from using or enjoying the Site or the Internet;
3. post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information; or
4. use the Site to commit illegal acts, “hack” the Site, or modify or interfere with the Site in any way.

Any of the above actions will constitute “Misuse”. Any acts you commit, or cause to be committed, which, in our sole opinion, intentionally expose the Site to cyber threats such as viruses or hacking, increase the likelihood of a security breach, or cause or may cause any reputational harm to us will also constitute Misuse. We retain the right to take steps to identify and prevent Misuse of the Site.

Additional Restrictions and Prohibited Uses

 Except with our written permission, you shall not:

1. Attempt to impersonate another person or use another person’s account information without authorization;
2. Use the Site for your own scientific or clinical research purposes;
3. Violate or attempt to violate our security features, including logging into a server that you are not authorized to access, or probing the vulnerability of our systems and networks;
4. Redistribute, decompile, reverse engineer, publish, or copy any part of the Site, including cracking their source files;
5. Use the Site for the purpose of creating a product with a substantially similar look, feel, design or similar therapeutic approach;
6. Access or search either the Site by any means other than our publicly supported interfaces (for example, “scraping”);
7. Interfere with the use of either the Site by others or their enjoyment of either the Site;
8. Resell or otherwise offer for sale either the Site or elements of them to other parties;
9. Use any of our trademarks, exercise names, trade names, service marks, copyrights, or logos in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
10. Violate any third party’s rights, including intellectual property or privacy rights;
11. Threaten, stalk, harm, or harass others; or
12. Engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Engaging in prohibited uses is grounds for immediate termination of your access to the Site and may also subject you to civil or criminal penalties.

User Liability

 You will be liable for any damage resulting from the following:

1. your Misuse of either the Site
2. your use of the Site when it was the basis for someone taking legal action against us for violations of applicable laws, license agreements, copyright or other intellectual property rights; or
3. your use of the Site resulted in others being unable to use the Site properly, resulting in legal action against us.

 

Termination

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Site.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless us and our licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (a) your use and access of the Site by you or any person using your account and password; (b) a breach of these Terms, or (c) Content posted by you on the Site.

Limitation of Liability

In no event shall we, nor our members, managers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Site; (b) any conduct or content of any third party on the Site; (c) any content obtained from the Site; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

OUR CUMULATIVE LIABILITY (INCLUDING OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, MEMBERS, MANAGERS, ATTORNEYS OR AGENTS) FOR DAMAGES FOR CLAIMS ARISING UNDER OR RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED ONE HUNDRED PERCENT (100%) OF THE FEES PAID, UP TO THAT TIME, BY YOU FOR THE USE OF THE SITE UNDER THESE TERMS.

Disclaimer

ALL OF OUR SITES, SERVICES, MATERIALS AND INTELLECTUAL PROPERTY ARE PROVIDED “AS IS.” WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OF ANY KIND THAT THE SITE AND/OR MATERIALS FURNISHED BY US, OR RESULTS OF THE ACCESS OR USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. ALL THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD PARTY CONTENT, SERVICES, OR INTELLECTUAL PROPERTY IS STRICTLY BETWEEN YOU AND THE THIRD PARTY OWNER OR DISTRIBUTOR OF SUCH CONTENT, SERVICES, OR INTELLECTUAL PROPERTY.

 

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Utah, United States, without regard to its conflict of law provisions. ANY LEGAL SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE RIGHTS OR LICENSES GRANTED HEREUNDER WILL BE INSTITUTED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF UTAH IN EACH CASE LOCATED IN THE CITY OF SALT LAKE AND COUNTY OF SALT LAKE, AND EACH PARTY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS IN ANY SUCH SUIT, ACTION, OR PROCEEDING. Service of process, summons, notice, or other document by mail to your address set forth on the Site or included in the Site shall be effective service of process for any suit, action, or other proceeding brought in any such court.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. Any changes will be posted at the Terms and Conditions of Use section of the Site and any such changes will become binding and effective on the date the changes are posted.  As such, it is important that the Terms be read on a regular basis so that you are aware of any such changes. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Site after any revisions become effective you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

Contact Us

If you have any questions about these Terms, please email us at info@simplysmartlearning.com.

Miscellaneous

These Terms shall be binding on you and your successors and assigns. These Terms may not be assigned by you with prior our written consent.

No delay or omission by us to exercise any right or power hereunder shall impair such right or power or be construed to be waiver thereof. A waiver by us of any of the covenants to be performed by you or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant herein contained.

These Terms constitute the entire agreement between us and you with respect to the subject matter herein and there are no representations, understandings or agreements relating to these Terms which are not fully expressed herein. No amendment, modification, waiver or discharge hereof shall be valid unless in writing and signed by an authorized representative of the party against which such amendment, modification, waiver or discharge is sought to be enforced. Nothing in these Terms may be relied upon or shall benefit any party other than as set forth herein.

If any provision of these Terms is determined by any court or arbitrator of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision will be enforced to the maximum extent possible given the intent of us and you. If such clause or provision cannot be so enforced, such provision shall be stricken from these Terms and the remainder of these Terms shall be enforced as if such invalid, illegal or unenforceable clause or provision had (to the extent not enforceable) never been contained herein.

 YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR ANY TRANSACTION CONTEMPLATED BY THESE TERMS.

In no event will we be liable or responsible to you, or be deemed to have defaulted under or breached these Terms for any failure or delay in fulfilling or performing any provision of these Terms when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, epidemics or pandemics as defined by the Centers for Disease Control and Prevention or the World Health Organization, embargoes or blockades in effect on or after the date of these Terms, whichever is dated earlier, national or regional emergency, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota, or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications or transportation, or any other event beyond our reasonable control making it inadvisable, illegal or impractical to perform our obligations hereunder.

The communications between us and you use electronic means, whether you visit the Site or send us emails, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfies any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

REQUEST FOR DISCLOSURE

 California residents have certain rights under the California Consumer Protection Act (CCPA), including certain rights to access and delete data we may have collected from you.

The information we request below, and any additional information we may request when reviewing your submission, will be used to respond to your request, including verifying identity, identifying personal information responsive to your request, and keeping records of your request.

We will only use information you provide to us with this request as permitted by law. Where feasible, we will match the identifying information you provide with information we have on record. If you choose to not provide us with the information we need to fulfill your request or verify your identity, we may provide you with a permissible alternative, for example, categories of information we collect.

First Name	Middle Name	Last Name
Address: (For verification purposes, please use the address and contact information you have on file with us)
Email Address:
State of Residence:

Are you the consumer?

 

☐         Yes, I am making a request related to personal information about me.

☐         No, I am acting as an authorized agent for the consumer. I have enclosed a California Authorized Agent Designation form completed and signed by the consumer.

What is your preferred method to receive the requested information?

☐ Email (as identified above)

☐ Mail

What type of request are you making?

Request to Disclose:

☐ Please disclose the categories of personal information the business has collected about me;

☐ Please disclose the categories of sources from which information about me was collected;

☐ Please disclose the business/ commercial purpose for collecting or selling my personal information;

☐ Please disclose the categories of third parties with whom the business shares personal information;

☐ Please the specific pieces of personal information the business has collected about that consumer.

Request to Delete

☐ Subject to available exceptions under Section 1798.105 (d) of the Cal. Civ. Code, please delete all personal information that you collected from me.

Request to Opt-Out

 

We Do Not Sell Personal Information

Additional Information

The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. If you are making a request to delete, once we have verified your identity, we will ask you to confirm that you wish to have personal information deleted. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.

There are some situations where we will not, or may not, be able to fulfill some or all of your CCPA request:

• If you are not a California resident
• If we cannot verify your identity or if we cannot verify your authority to act on behalf of another person
• If we cannot match the data we have on file to your verified credentials
• If you have a preexisting business relationship with us
• If we are required or permitted to keep some or all of your personal information under federal regulations or other laws

For more information, please read our Privacy Policy.

When fulfilling your request, we will not provide pieces of information where such provision would be prohibited by law, including your social security number, your government-issued identification number, your account number, any health insurance or medical identification number, an account password, security questions and answers, unique biometric data generated from measurements or technical analysis of human characteristics.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.