Terms of Service:
ｩThe Simplifiers 2003-2010 - All Rights Reserved.
Users of alcohol at special events planned by The Simplifiers must be of legal drinking age.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE: The services offered at www.thesimplifiers.com("The Simplifiers") is provided to you ("Client") under the terms and conditions of this The Simplifiers Terms of Service ("TSTS"), and any operating rules or policies that may be published by The Simplifiers at the URL: www.thesimplifiers.com (the "Service"). The TSTS comprises the entire agreement between User and The Simplifiers and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY BOOKING A JOB THROUGH THE SIMPLIFIERS, CLIENT AGREES TO BE BOUND BY ALL OF THE TERM AND CONDITIONS HEREIN.
2. DESCRIPTION OF SERVICE: The Simplifiers provide the Client with a variety of personal concierge and party planning services, including but not limited to special event coordination, grocery shopping, lunch delivery, doggie daycare, house sitting and more. Click here for a complete list of services.
3. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: The Simplifiers may modify or discontinue the Service with or without notice to Client. The Simplifiers shall not be liable to Client or any third party should The Simplifiers modify or discontinue the Service. The Simplifiers may change the terms and conditions of the TSTS from time to time. Upon any substantive change in the terms and conditions of the TSTS, The Simplifiers may notify Client via e-mail and/or phone, announcing the changes and updates to the services The Simplifiers provide. Client will be asked to review the new TSTS. Client acknowledges and accepts the TSTS by continuing to use the Service.
4. PRIVACY POLICY: It is The Simplifiers' policy to respect the privacy of its clients. The Simplifiers may disclose Client's Data only if required to do so by law, or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on The Simplifiers; (2) protect and defend the rights or property of The Simplifiers; or (3) act under exigent circumstances to protect the personal safety of its clients or the public.
5. DISCLAIMER OF WARRANTIES: CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CLIENT'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SIMPLIFIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE SIMPLIFIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET CLIENT REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE SIMPLIFIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, THE SIMPLIFIERS ASSUME NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OF SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM THE SIMPLIFIERS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.
6. LIMITATION OF LIABILITY: THE SIMPLIFIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE SIMPLIFIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH THE SIMPLIFIERS OR A THIRD PARTY HIRED BY THE SIMPLIFIERS. CLIENT SPECIFICALLY AGREES THAT THE SIMPLIFIERS ARE NOT RESPONSIBLE OR LIABLE TO CLIENT OR ANYONE ELSE FOR ANY UNLAWFUL OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE SERVICE, INCLUDING THE ACTIONS OF GUESTS THAT ATTEND THE CLIENT'S SPECIAL EVENT PLANNED BY THE SIMPLIFIERS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENT. ALL LIQUOR LIABILITY IS THE RESPONSIBILITY OF THE CLIENT. THEREFORE, UPON SIGNING AN OFFICIAL CONTRACT WITH THE SIMPLIFIERS, THE CLIENT AGREES TO RELEASE THE SIMPLIFIERS, MARY J BAIRD-WILCOCK AND HER STAFF FROM ANY LIQUOR LIABILITY WHATSOEVER.
7. INDEMNIFICATION: Client agrees to indemnify and hold The Simplifiers, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Client's use of the Service, the violation of this TSTS by Client, or the infringement by Client of any intellectual property or other right of any person or entity.
8. TERMINATION: Either party may terminate the Service with or without cause at any time and effective immediately upon written notice to the other party. The Simplifiers may terminate the Service or Client's use of the Service with or without cause at any time and effective immediately, at The Simplifiers' sole discretion, including but not limited to immediate termination of Client's use of the Service should Client's conduct fail to conform with these terms and conditions of the TSTS. The Simplifiers shall not be liable to Client or any third party for termination of Service. Should Client object to any terms and conditions of the TSTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Client's only recourse is to immediately: (1) discontinue use of the Service and (2) notify The Simplifiers of termination.
9. GENERAL PROVISIONS: The TSTS shall be governed by and construed in accordance with the laws of the state of Texas, excluding its conflict of law provisions. Client and The Simplifiers agree to submit to the exclusive jurisdiction of the courts of the state of Texas, provided, however, that either party may elect to settle any litigation in any way arising out of or relating to the TSTS by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. If elected, such arbitration shall be conducted in Austin, Texas and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TSTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Simplifier's failure to exercise or enforce any right or provision of the TSTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Simplifiers in writing. Client and The Simplifiers agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TSTS are solely used for the convenience of the parties and have no legal or contractual significance.