TERMS & CONDITIONS

 

Last updated [11/22/2022]
Agreement to Terms
SimpleNuu LLC owns and operate this Website.  This document governs your relationship with www.simplenuu.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
 
We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
This Website may contain links to other websites (the "Linked Sites"), which are not operated by SimpleNuu LLC. SimpleNuu LLC has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
 
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
 
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and SimpleNuu LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
 
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
 
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of SimpleNuu LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by SimpleNuu LLC and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
 
Store Terms
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
 
In order to contract with SimpleNuu.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. SimpleNuu LLC retains the right to refuse any request made by you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to changes.
 
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
 
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received.
 
Digital Millennium Copyright Act (DMCA) Notice And Policy
Notifications
We honor other people's rights to their intellectual property. Please immediately notify our Designated Copyright Agent using the contact information provided below (a "Notification") if you think any content on or accessible via the Site violates any copyright you are the owner of or otherwise have control over.
 
The individual who posted or stored the content mentioned in your notification will receive a copy of it. Please be aware that if you make serious misrepresentations in a Notification, you may be held accountable for damages under federal law. Therefore, you should think about first consulting an attorney if you are unsure if any content on the Site or one of its links violates your copyright.
 
   Counter Notification
You can send us/our Designated Copyright Agent a written counter notification (a "Counter Notification") if you think your own copyrighted content was taken from the Site due to an error or misidentification. The contact information is provided below.
 
If you send us a legitimate, written Counter Notification, we will reinstate the material that has been removed or disabled unless we first receive notification from the party who filed the Notification informing us that such party has initiated legal action to prevent you from engaging in infringement-related activity.
 
Please be aware that you might be held accountable for damages, including costs and attorney's fees, if you materially misrepresent that the content was disabled or removed by mistake or misidentification. Filing a false Counter Notification constitutes perjury.
 
Designated Copyright Agent
[Name]
Attn: Copyright Agent
[Address]
[City, State Zip]
[email]
 
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law SimpleNuu LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
 
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
 
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with SimpleNuu LLC and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to SimpleNuu LLC.
 
Indemnity
You agree to indemnify, defend and hold harmless SimpleNuu LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
 
Variation
SimpleNuu LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
 
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
 
Complaints
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
 
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
 
Governing Law/Jurisdiction
These terms and conditions and the transactions contemplated hereby shall be governed by, and construed and interpreted in accordance with, the laws of New York State. Any action seeking legal or equitable relief arising out of or relating to these Terms will be brought only in the courts of New York State.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and SimpleNuu LLC. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of SimpleNuu LLC.
 
CONTACT US
If you have questions or comments about this Terms and Conditions, please contact us at:
 
SIMPLENUU
90 STATE STREET
STE 700  OFFICE 40
ALBANY, NY  12207
EMAIL: simplenuu22@gmail.com
 
 
SUBSCRIPTION POLICY
 
Some goods in our shop may be sold as subscriptions. This policy outlines how you can modify or cancel such purchases.
 
Payments
You agree to pay the subscription costs for the content to which you subscribe, and you authorize us to charge your debit or credit card or process other payment methods to cover such expenses. SimpleNuu LLC collaborates with payment service providers to provide you with the most convenient payment methods available in your country and to safeguard your payment information. We may modify your payment options based on data provided by our payment service providers.
 
You promise to utilize a valid payment method when you make a purchase. If you do not intend to continue, you will not be charged in your next billing cycle; however, you will not receive a refund for the period remaining before your next bill.
 
If your payment method fails but you still gain access to the content you are enrolling in, you agree to pay us the applicable fees within thirty (30) days after being notified by us. We have the right to prohibit access to any content for which payment has not been received.
 
Subscription Plan
Access to a Subscription Plan is determined by the scope, features, and cost of the subscription that you purchase or renew. You are not permitted to transfer, assign, or share your subscription.
We have the right to revoke any Subscription Plans at any time and at our sole discretion for legal or policy reasons.
 
Account Management
You may cancel your subscription. If you cancel your Subscription Plan, you will lose access to it on the last day of your subscription cycle. You are not entitled to a refund or credit of any fees already paid for your subscription upon termination, unless required by applicable legislation.
Upgrade your plan.  In the event that you decide to upgrade your plan, we will apply the balance of your prior payment and add the difference.
 
Transactions and Billing
The subscription charge will be displayed during the purchase process. We may also be obligated to add taxes to your subscription cost. Unless otherwise required by applicable legislation, payments are non-refundable, and there are no refunds or credits for partially used periods.
To subscribe to a Plan, a payment method is required. By subscribing to a Plan and giving your billing information at checkout, you authorize us and our payment processing partners to charge your payment method on file for the then-applicable fees. At the conclusion of each subscription period, we will automatically renew your subscription for the same duration and charge your chosen payment method.
You permit us to continue charging your updated payment method in the event that we update your payment method using information given by our payment service providers (as detailed in the "Payments" section above).
We may suspend or terminate your subscription if we are unable to execute payment through the payment method on file for you, or if you dispute charges made to your payment method and are given a chargeback.
We reserve the right, at our sole discretion, to modify our Subscription Plans and Service price. Any pricing modifications or changes to your subscription will become effective following notification to you, unless prohibited by law.
 
Subscription Disclaimers
We do not guarantee the availability of any particular material in any Subscription Plan, nor do we promise a minimum quantity of content in any Subscription Plan. We reserve the right, at any time in the future, to offer or cease offering additional features for any Subscription Plan, or to otherwise alter or terminate a Subscription Plan at our sole discretion.