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TERMS & CONDITIONS

COLLECTION OF INFORMATION


Our primary purpose in collecting personal information is to provide a smooth, efficient and personalized experience for our customers. During your use of simpletux.com, you may be asked to voluntarily provide personal information such as your name, email address, postal address, telephone number, credit card information, measurement details, etc. It is always your choice whether or not to provide personal information. However, if you choose not to provide certain requested personal information, you may not be able to register as a customer or use certain features of the website.


When you interact with our website, we automatically gather and store certain information about website traffic. This information includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exiting pages, operating system, date/time stamp, and clickstream data. We use this data to analyze trends, to administer the website, to track users’ movements around the website, and to improve users’ website experience.


A cookie is a small file that our web server will store on your computer in order to recognize future visits using that same computer. We use cookies to enhance the convenience and use of simpletux.com. For example, by allowing our site to place a cookie on your computer, you will be able to easily retrieve the shopping cart you created during a previous site visit. In this case, a cookie will store useful information, including some personal information, which enables our website to identify you. If you do not wish to have a cookie on your system, you may be able to set your browser to refuse cookies. However, please be aware that if you do so, some parts of our website may not work properly.


SHARING INFORMATION


We take your privacy very seriously, and we are committed to protecting our relationship with our customers. We use personally identifiable information that you submitted as part of our own business, and that of third parties with whom we have joint marketing agreements. We may also share with third parties aggregate non-personal information about visitors to our website without restriction as to use.


We may disclose your personally identifiable information to unaffiliated third parties to assist us in managing customer information, to assist us in our own marketing efforts, or to administer services on our behalf such as credit card processing or delivery services. In these situations, we do not authorize those parties to use your personally identifiable information for any other purpose.


We may disclose your personally identifiable information when we believe the law requires such disclosure, in response to law enforcement requests, or as necessary to protect the property, interests and rights of SimpleTux, LLC, its affiliates and others.


In the event all or a portion of the assets owned or controlled by SimpleTux, LLC, are sold, assigned, transferred or acquired by another company, both personally identifiable information and aggregate non-personal information from and/or about our customers may be among the transferred assets.


DATA SECURITY


For your privacy and security, your account is protected by a password. To prevent unauthorized access to your account and personal information, you should take care to protect your password.


We maintain your information on a secure server. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.


DISCUSSION BOARDS/CHAT ROOMS


SimpleTux may provide access to discussion boards or chat rooms on our website or those of social networking websites. Please remember that any information disclosed in these areas is available to the public. The dissemination of any personal information you provide via any linked sites is beyond our control and you should therefore exercise caution before disclosing any personal information.


CHILDREN’S POLICY


SimpleTux is very concerned about the privacy and safety of children when they use the Internet. In compliance with the Children’s Online Protection Act of 1998, we will never knowingly collect personally identifiable information from any visitor under the age of 13 without prior verifiable parental consent. If we discover that a visitor under the age of 13 has registered without parental consent, we will immediately delete his or her registration from our files.


LINKS TO OTHER SITES


Our website may include links to other sites that are not within our control. These websites have their own policies about privacy and security, which you should review before using those sites. SimpleTux does not assume responsibility for these linked sites and provides these links solely for the convenience of our customers.


POLICY UPDATE


From time to time, we may update this Privacy Policy. This Privacy Policy was last updated on February 1, 2014.


CONTACT US


If you have any questions, comments, or concerns regarding our Privacy Policy, please contact us at [email protected]


TERMS AND CONDITIONS OF USE


By visiting www.simpletux.com (collectively, the “Site”), you agree to the following Terms and Conditions of Use (the ‘Terms of Use”). Please read the Terms of Use carefully. If you do not agree to be bound by the Terms of Use, do not use or access the Site.


SimpleTux, LLC (“SimpleTux”) reserves the right, at its sole discretion, to change or modify these Terms of Use, at any time. You should visit this page periodically to review these Terms of Use, because they are binding on you as changed.


CONTENT


The text, graphics, user interfaces, photographs, logos, arrangement, computer code, and all other material on the Site (collectively, “Content”) are copyrights, trademarks, trade names or other intellectual property owned, controlled or licensed by or to SimpleTux, and are protected by intellectual property rights and unfair competition laws.


Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without the express written consent of SimpleTux.


YOUR USE OF THE SITE


As long as you comply with these Terms of Use, SimpleTux grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


You may not use the Site (a) to transmit, distribute, store or destroy material in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. The Site may not be used for any illegal purpose or in any manner that would subject SimpleTux or any of the Site’s users to liability.


You may not use any engine, software, tool, agent, device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) or any similar or equivalent manual process, to navigate the Site, other than the search engine and search agent available from SimpleTux on the Site and other than generally commercially available third party web browsers.


You may not attempt to gain any unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any SimpleTux server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.


You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of SimpleTux, including any SimpleTux account not owned by you, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information.


You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, or SimpleTux’s systems or networks, or any systems or networks connected to the Site.


You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.


You may not disguise the origin of any message or transmittal you send to SimpleTux on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.


SimpleTux reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, (b) to modify or change the Site or any portion of the Site, and any applicable policies or terms; (c) to interrupt the operation of the Site, or any portion of the Site, as necessary.


SUBMISSIONS TO SIMPLETUX AND AFFILIATED SERVERS


If you post, upload or make available to the Site, or otherwise submit to SimpleTux in connection with your use of the Site, any Content, you hereby grant to SimpleTux a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, comment on, modify, create derivative works based upon, and otherwise exploit such Content and your name, image, voice, likeness and/or other biographical information or material in connection with that Content in all media formats, without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of permission from or payment to you or other person or entity. You waive any right to inspect or approve any such Content or any use of such Content.


RENTALS AND PURCHASES; OTHER TERMS AND CONDITIONS


Additional terms and conditions may apply to the rental or purchase of goods and services and to specific portions or features of the Site, including promotions, contests, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.


SimpleTux may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to the products and services may be out of date, and SimpleTux makes no commitment to update the materials on the Site with respect to such products or services.


Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.


ACCOUNTS, PASSWORDS & SECURITY


Certain features or services offered on or through the Site may require you to open an Account. You are entirely responsible for maintaining the confidentiality of the information pertaining to your account, including your password. You agree to notify SimpleTux immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by SimpleTux or any other user of the Site due to someone else using your SimpleTux user name, password or account as a result of your failing to keep your account information secure and confidential.


PRIVACY


SimpleTux’s Privacy Policy applies to this Site, and its terms are expressly made a part of these Terms of Use by this reference. To view SimpleTux’s Privacy Policy, click here.


By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.


LINKS TO OTHERS SITES


The Site may contain links to other independent third-party websites (Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under SimpleTux’s control, and SimpleTux is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.


DISCLAIMERS AND LIMITATION OF LIABILITY


The Site and its contents are delivered on an “as-is” and “as available” basis only, without any warranties of any nature. SimpleTux makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of the site is at your sole risk. to the full extent permissible by applicable law, SimpleTux disclaims all warranties, express or implied, including without limitation, any warranties of accuracy, merchantability and fitness for a particular purpose. SimpleTux does not warrant that the site, its servers or email sent from the site are free of viruses or other harmful components. SimpleTux will not be liable for any damages of any kind arising from the use of the site, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if SimpleTux has been advised of the possibility of such damages.


SimpleTux disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of this Site and/or SimpleTux services. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against SimpleTux for dissatisfaction with the Site or any content is to stop using the Site or any such content.


This limitation of liability is part of the bargain between the parties.


INDEMNITY


You agree to indemnify and hold SimpleTux, its officers, directors, shareholders, successors in interest, employees, agents and subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney fees), made against SimpleTux by any third party due to or arising out of or in connection with your use of the Site.


VIOLATIONS OF THESE TERMS OF USE


SimpleTux may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with an investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with SimpleTux’s rights or property, or the rights or property of visitors to or users of the Site. SimpleTux reserves the right at all times to disclose any information that SimpleTux deems reasonably necessary to (a) comply with any applicable law, legal process, or government request, (b) enforce these Terms of Use, (c) respond to claims or protect the rights of others, (d) protect the rights, property or personal safety of SimpleTux, its employees, users of or visitors to the Site. SimpleTux may also disclose your information when it determines that applicable law permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.


SimpleTux may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. Any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to SimpleTux, for which monetary damages would be inadequate, and you consent to SimpleTux obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other SimpleTux may have at law or in equity.


If SimpleTux does take any legal action against you as a result of your violation of these Terms of Use, SimpleTux will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to other relief granted to SimpleTux.


GOVERNING LAW; DISPUTE RESOLUTION


The Site, including without limitation, these Terms of Use and the Privacy Policy, shall be construed and enforced in accordance with the laws of the State of California. Venue for any dispute regarding anything contained within and/or resulting from access to the Site shall lie exclusively in the County of Los Angeles.


If any of the provisions of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of any remaining provision. These Terms of Use constitute the entire agreement between you and SimpleTux with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and SimpleTux with respect to such use are hereby superseded and canceled. SimpleTux will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. SimpleTux’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by SimpleTux of any provision or right it has to enforce these Terms of Use, nor shall any course of conduct between SimpleTux and you or any other party be deemed to modify any provision of these terms of Use. These Terms of Use shall not be interpreted or construed to confer rights or remedies on any third parties.


SimpleTux makes no representation that information on the Site is appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

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