Terms of Use
At simplify 101 you know we like to keep things simple. You’re probably wondering how we’re going to pull that off with our Terms of Use page. Simple (or fun) just aren’t the first two things that come to mind when one thinks about Terms of Use, now are they?
When working with our lawyers to put together our Terms we said “Hey, can we make this easy to understand?” The short answer was “not completely,” because legal language is legal language. And it’s written that way to protect everyone involved.
So you’re bound by all the terms of this Agreement (so you should read and understand the entire Agreement) but we’ve made that a possible feat! Here’s how. We’ve added a simple, understandable, plain-English summary at the end of each paragraph in the Agreement. So, you can actually understand what you’re agreeing to. How simple is that?
MINIMUM AGE
If you are under the age of thirteen (13), you may use this website only through your parent or guardian.
ACCEPTANCE OF TERMS
simplify 101, inc. an Illinois corporation (“simplify 101”) makes this website (the “Site”), including all information, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all services operated by simplify 101 and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that simplify 101 may publish from time to time (collectively, the “Terms of Use”).
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
simplify 101 reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
So what does this mean? Well, by using the simplify 101 website, in any way, it tells us that you have read this Agreement and agree to its terms. Please know that we may change this Agreement from time to time, so be sure to check back here to make sure you’re up-to-date and understand the current terms.
DEFINED TERMS
All user-supplied information, materials, files, communications, and documents, whether provided on public or private forums, on personal profile pages, on messaging boards, or in photo galleries, are referred to collectively as “User Content.” “simplify 101 Content” means all Materials provided by simplify 101. User Content, and simplify 101 Content may have different restrictions and conditions associated with them.
As you read through this Agreement, keep in mind that there are two different types of content. The stuff we put on the site is called “simplify 101 content”; and the stuff you or others put up there (photos, forum posts, etc.) is called “user content”.
TYPES OF USERS AND FEES
Please be aware that certain activities on this Site, such as forum posting, messaging and photo uploading, are available only to persons registered to participate in such activities. It is a condition of your use of this Site that all the registration information you provide on this Site will be correct, current and complete. A user may be permitted to hold only one account. If simplify 101 believes the information you provided is not correct, current, and complete, simplify 101 has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.
simplify 101 offers certain products, namely online courses and self-help products, for a fee, and you agree to pay simplify 101 for services and products provided under such agreement in accordance with charges stated in a service proposal which will be displayed to you prior to making a purchase of any such service or product. The specifics of any such product or service, for example the length of time you will be provided access to online courses and resources will also be outlined for you on a web page prior to your purchase.
If you want to participate on this website, you have to become a registered user by supplying us with accurate information. You are permitted to hold just one account. Please know that some of our workshops and products are provided for a fee, but before you purchase one of these products or workshops we’ll let you know the price and all related details.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, simplify 101 and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
In addition to the Materials and Services offered by simplify 101, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”) through external hyperlinks. The external links may be created by simplify 101 or any of its users so long as the users provide links that are reasonably likely to be helpful to other users on this website. The Third Party Services may be governed by separate license agreements that accompany such services. Simplify 101 offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by simplify 101. You agree that you will not hold simplify 101 responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the simplify 101 Content and User Content available on this Site subject to the following conditions:
- The simplify 101 Content and User Content may be used solely for personal, informational, and internal purposes.
- The simplify 101 Content and User Content may not be modified or altered in any way.
- The simplify 101 Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices contained in the simplify 101 Content and User Content.
- simplify 101 reserves the right to revoke the authorization to view, download, and print the simplify 101 Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from simplify 101.
- The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the simplify 101 Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Pretty much you should just treat everything on our website as the property of simplify 101. You can read it, you can print it, you can download it, and by all means—enjoy it. But if you want to use it for anything other than your own personal use (like giving it to a friend or posting it somewhere else on the web) you need to give us a shout first (and get our permission.)
You are welcome to provide hyperlinks to other sites, as long as the intention of the hyperlink is for the betterment of the simplify 101 community and not for the benefit of the hyperlinked site. Basically, just play fair 🙂
TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of simplify 101 or other third parties. You are not permitted to use the Marks without the prior written consent of simplify 101 or such third party that may own the Marks.
LICENSE TO SIMPLIFY 101 FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant simplify 101 the following type of license:
For User Content that is the result of your creative efforts and which is intended to be displayed on the Site (including any of its pages and forums), you grant simplify 101 a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant simplify 101 the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site either by the user or by simplify 101. Once User Content is submitted to any area of the website that may be accessed by other users simplify 101 can no longer control the manner in which such submission will be used. Therefore, if your data or photos are of a private nature, do not upload them on to the simplify 101 website.
When you upload or post any content on the simplify 101 site, you’re granting anyone who visits the site the right to see it. So even though we’re building a community here (and it feels safe and warm and cozy) this really is the public space. Don’t reveal anything about yourself that you wouldn’t feel comfortable having whole lot of people know about.
Also, when you post your content on the simplify 101 site, you are giving us the right to display it on our site until you remove it (or we remove it.)
PROHIBITED COMMUNICATIONS
You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
Anything you upload onto the simplify 101 website, including photos and text in forum postings, must be owned by you, or you must have the owner’s permission to upload their content. So let’s just play fair (and fun!) and post non-offensive content that is helpful to the community and legal (and yours!) So if you upload a picture of the Mona Lisa and tell everyone “Here’s a little something I painted yesterday” well…that just wouldn’t be fair to Da Vinci, now would it? OK…you get the point 🙂
USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from simplify 101; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
We’re all here to learn some things and have some fun. Just keep this in mind as you use the simplify 101 site. By using the site you’re agreeing to use it and any of its services for the positive benefit of yourself and the other users in our community. You also agree not to use the simplify 101 website, or any of its services, in a manner that is harmful, destructive or disrespectful to any of the other users. Given the choice between a positive or negative comment—we encourage you to go positive—because everyone will be happier when you do!
MANAGING CONTENT AND COMMUNICATIONS
simplify 101 reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. simplify 101 may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, simplify 101 will have no liability related to User Content. simplify 101 disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
This agreement allows simplify 101 to delete or remove your Content from the site and to terminate your use of the website or any of its services at any time and for any reason. simplify 101 also has the right to monitor any area of the site where you post content. We will do our best to make sure everyone plays fair and adheres to the spirit of our community, but it’s really not possible for us to monitor every single bit of info in real time. So what does this mean? There is the possibility that on occasion someone (most likely by accident) will put something up that isn’t “right”. When that happens, we will do our best to remedy the situation but we aren’t liable for the content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and simplify 101 or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, simplify 101 makes no warranty that
(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. simplify 101 may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and simplify 101 makes no commitment to update such Materials or Services.
You understand and acknowledge that (i) simplify 101 does not control, endorse, or accept responsibility for any content, products, or services offered by our users or third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) simplify 101 makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) simplify 101 shall not be liable or responsible for any content, products, or services offered by third parties.
Hey…we’re human, too. And while we do our best to make sure that the site is free from error, we do not guarantee the accuracy of the information on this website and we can change the info on our site without notifying you. (Seriously though, aren’t you glad about that last one?)
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. simplify 101 does not act as a data or photo storage website and will not be responsible for any loss of data or photos. You should therefore backup all such data and photos on your own computer system. simplify 101 assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from simplify 101 or through or from the Site shall create any warranty not expressly stated in these Terms of Use. Moreover, any course or workshop materials are provided for informational purposes; simplify 101 is not an accredited organization nor is simplify 101 a provider of licensed professional services. simplify 101 will not be held liable for any harm resulting from your attempt at implementing any of the techniques or methods taught in any course or workshop.
This one is important! simplify 101 is not a data storage site. So what does this mean to you? Don’t put your only picture of Grandma Claire on our site, because it may not be here tomorrow. From time to time we have to clean things up and delete old files (and we won’t notify you first—that just wouldn’t work for either one of us.) Plus, from time to time computers fail.
So remember when you upload and download materials on to and from our website you do so at your own risk.
All of our online offerings are developed in spirit of helping you create positive change in your life. Our classes aren’t accredited, nor are they therapy or counseling.
PERSONAL INFORMATION AND PRIVACY
Except as otherwise expressly set forth herein and in simplify 101’s Privacy Policy, your personal information will be deemed to be confidential. Excluding information provided to simplify 101 for registration purposes, and with the exception of certain types of User Content, any non-personal information or material sent to simplify 101 will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of simplify 101 or others.
For your reading pleasure, we’ve put together a whole privacy policy. But here’s the short and sweet of it: We don’t like spam or unwanted solicitations any more than you do. We aren’t in the business of collecting and selling email addresses. We just want a way to communicate with the members of our community, and that’s what we use your email address for. Simplify 101 will only disclose your private information when we are required to do so by law. Want more details? Check out our Privacy Policy.
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall simplify 101, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not simplify 101 has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
As you upload things onto our site…keep in mind that simplify 101 isn’t responsible for any loss of your submitted data. We also can’t guarantee that our website will run error-free or continuously. (Although we wish we could…that would be a happy day for all of us.) Stuff happens…but we’ll always do our best to keep our site running well so you can access all its great features whenever you want.
INDEMNITY AND LIABILITY
You agree to indemnify and hold simplify 101, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.
Here’s the short and sweet of it: If we get sued because of your violation of this Agreement, you agree to pay us back for any money we are required to pay as a result of your violation. So once again, let’s just all play fair 🙂
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by simplify 101 from its offices within the state of Illinois, United States of America. By accessing this Site, you and simplify 101 agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof. You and simplify 101 also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Illinois with respect to such matters.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between simplify 101 and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by simplify 101 to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.
In the event a court determines there is something wrong with one of these terms, the rest of them still apply as written.
(Updated May 21, 2008)