AGREEMENT BETWEEN CUSTOMER AND THESIMPLESHINE.COM
Welcome to www.thesimpleshine.com (the "Website"). This Website, its contents, services provided and any and all materials made available to the customer are provided solely as a service to our customers. The terms "we", "us", "our" and "thesimpleshine.com" shall be used interchangeably and shall refer to Torquay eTrading LLC, its affiliates and/or our subsidiaries, including thesimpleshine.com. The term "you" refers to the customer visiting the Website and/or purchasing jewelry cleaner or other products or services through us on this Website.
This Website is offered to you conditioned upon your acceptance without modifications or conditions of any kind of all the terms, conditions, acknowledgments and notices set forth above and below (hereinafter referred to collectively as the "Agreement"). Please read the Agreement carefully. By accessing or using this Website in any manner and/or respect, you hereby expressly acknowledge that you have read and understood the terms, conditions, notices and acknowledgments contained herein and made part of the Agreement and agree to be bound thereby. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement and or the terms and conditions thereof, without prior notice to you. Your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) all information supplied by you on this Website is true, accurate, current and complete, and (vi) if you have a thesimpleshine.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right, at our sole discretion, to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website, as well as the marketing materials and images is proprietary to us or used with permission of another vendor. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information obtained from or through this Website. Additionally, you agree not to:
i. use this Website or its contents for any commercial purpose;
ii. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
iii. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
iv. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
v. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
You hereby expressly understand and acknowledge that there are fees and/or charges associated with your purchase of items on our Website. Furthermore, you hereby expressly agree and hereby authorize thesimpleshine.com to charge your credit card for any and all purchases or transactions made through our site, including but not limited to product purchases, shipping, handling, gift wrapping, or other related services plus applicable sales tax charges.
Our Refund policy is outlined in detail here.
LIABILITY DISCLAIMER AND LIMITATION OF LIABILITY
THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. IN PARTICULAR, THESIMPLESHINE.COM, ITS SUBSIDIARIES AND CORPORATE AFFILIATES AND THE AFFILIATED, CO-BRANDED AND/OR LINKED WEBSITE PARTNERS THROUGH WHOM WE MAY PROVIDE PRODUCTS, INFORMATION AND/OR SERVICES DO NOT, IN ANY WAY, GUARANTEE WARRANT OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPREHENSIVENESS OF ANY PRODUCTS MADE AVAILABLE TO YOU THROUGH WEBSITE OR AFFILIATED WEBSITES. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT THESIMPLESHINE.COM, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND/OR AFFILIATES HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION THAT IS MADE AVAILABLE, HOSTED AND/OR AVAILABLE FOR PURCHASE OR THAT IS OTHERWISE ACCESSIBLE THROUGH OUR WEBSITE AND/OR RELATED WEBSITES, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED FROM VENDORS INCLUDING JEWELRY QUALITY, MATERIAL, OR INTRINSIC VALUE ON THIS WEBSITE INCLUDING, WITHOUT LIMITATION, ALL INFORMATION PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, THESIMPLESHINE.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS, MAKE IMPROVEMENTS AND/OR CHANGES ON OUR WEBSITE AT ANY TIME
THESIMPLESHINE.COM, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS AND SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THESIMPLESHINE.COM COMPANIES OR AFFILIATES. ALL SUCH INFORMATION, AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. THESIMPLESHINE.COM, AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM THESIMPLESHINE.COM, ITS AFFILIATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESIMPLESHINE.COM, AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND SERVICES, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ANY OR ALL PRODUCTS PURCHASED FROM OUR WEBSITE MAY BE COSTUME JEWELRY OR MAY CONTAIN HUMAN ERROR, INCLUDING BUT NOT LIMITED TO MISSION OR OMITTED PIECES, NATURAL IMPERFECTIONS AND ARTISITIC UNIQUE DIFFERENCES FROM PHOTOS.
THE SUPPLIERS OF THE PRODUCTS OFFERED ON THESIMPLESHINE.COM ARE INDEPENDENT ENTITIES AND ARE NOT AGENTS, AFFILIATES OR EMPLOYEES OF THESIMPLESHINE.COM, OR ITS AFFILIATES AND SUBSIDIARIES. THESIMPLESHINE.COM AND ITS AFFILIATES ARE NOT LIABLE FOR THE QUALITY, SAFETY, AUTHENTICITY, CHEMICAL MAKEUP, ARTISTIC DESIGN, IMPERFECTIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PRODUCT OF SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THESIMPLESHINE.COM AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THESIMPLESHINE.COM, AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THESIMPLESHINE.COM, AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall not under any circumstances create any rights in any party other than THESIMPLESHINE.COM and you. If THESIMPLESHINE.COM fails or is unable for any reason to perform any of its obligations and as a result you do not receive the products or services purchased, THESIMPLESHINE.COM's liability will be limited to a proportional refund of any payment made, based on the reasonable value of product or service you did not receive. However, in no event shall we be liable to you or any other third party for any direct, indirect, incidental, special, punitive or consequential losses, claims, damages, expenses or liabilities (including but not limited to damages for damage to sentiments, mental anguish, negligently caused emotional distress, loss of business, lost profits, damage to equipment, loss of good will or any other kind of loss, whether pecuniary or otherwise) arising out of this Agreement, your use of this Website or our affiliated Websites and/or your purchase of any of the documents, products or services made available through or hosted by our Website or any affiliated Websites, or any act or omission out of our control.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of THESIMPLESHINE.COM, and it's Affiliates.
You agree to defend and indemnify THESIMPLESHINE.COM, it's Affiliates, any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result:
a. your breach of this Agreement or the documents referenced herein;
b. your violation of any law or the rights of a third party; or
c. your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than THESIMPLESHINE.COM. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SITE OR IMAGES OR ANY SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
This Website is operated by a Florida Limited Liability Company and this Agreement is governed by the laws of the State of Florida, to the exclusion of all others. You hereby consent to the exclusive jurisdiction of the State of Florida for any and all disputes that may arise out of or may be in any way related to this Agreement and/or your use of the website. Furthermore, venue for any disputes that may arise out of or may be in any way related to this Agreement and/or your use of the website will lie in Miami-Dade County, Florida, to the exclusion of all others. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, or employment relationship exists between you and THESIMPLESHINE.COM as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and THESIMPLESHINE.COM with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and THESIMPLESHINE.COM with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
For answers to your questions you may e-mail us at firstname.lastname@example.org.