Terms of service
If you require any more information or have any questions about our Terms of Service, please feel free to contact us by email at http://www.simplyseattle.com/contact/.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be of the legal age stated by the state of Washington State law to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are of legal age.
Simply Seattle can cancel orders and refund customers due to pricing errors, web glitches or mistakes. SimplySeattle.com has the right to refuse service and cancel/close customer accounts and orders if the customer is abusing, threatening or misrepresenting the company.
LICENSE TO USE WEBSITE
Unless otherwise stated, www.simplyseattle.com and/or its licensors own the intellectual property rights published on this website and materials used on www.simplyseattle.com. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website in neither print nor digital media or documents (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website;
redistribute material from this website - except for content specifically and expressly made available for redistribution; or
republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.simplyseattle.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without www.simplyseattle.com's express written consent.
This includes:
scraping
data mining
data extraction
data harvesting
'framing' (iframes)
Article 'Spinning'
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of www.simplyseattle.com.
RESTRICTED ACCESS
Access to certain areas of this website is restricted. www.simplyseattle.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.simplyseattle.com may change or modify this policy without notice.
If www.simplyseattle.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..
www.simplyseattle.com may disable your user ID and password at www.simplyseattle.com's sole discretion without notice or explanation.
USER CONTENT
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to www.simplyseattle.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to www.simplyseattle.com the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or www.simplyseattle.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
www.simplyseattle.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.simplyseattle.com, or hosted or published upon this website.
www.simplyseattle.com's rights under these terms and conditions in relation to user content, www.simplyseattle.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
NO WARRANTIES
This website is provided “as is” without any representations or warranties, express or implied. www.simplyseattle.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, www.simplyseattle.com does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
LIMITATIONS OF LIABILITY
www.simplyseattle.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if www.simplyseattle.com has been expressly advised of the potential loss.
EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Simply Seattle in respect of any:
death or personal injury caused by the negligence of www.simplyseattle.com or its agents, employees or shareholders/owners;
fraud or fraudulent misrepresentation on the part of www.simplyseattle.com; or
matter which it would be illegal or unlawful for www.simplyseattle.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
REASONABLENESS
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
OTHER PARTIES
You accept that, as a limited liability entity, www.simplyseattle.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against www.simplyseattle.com's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect www.simplyseattle.com's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.simplyseattle.com.
UNENFORCEABLE PROVISIONS
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
INDEMNITY
You hereby indemnify www.simplyseattle.com and undertake to keep www.simplyseattle.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by www.simplyseattle.com to a third party in settlement of a claim or dispute on the advice of www.simplyseattle.com's legal advisers) incurred or suffered by www.simplyseattle.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to www.simplyseattle.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, www.simplyseattle.com may take such action as www.simplyseattle.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
VARIATION
www.simplyseattle.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
ASSIGNMENT
www.simplyseattle.com may transfer, sub-contract or otherwise deal with www.simplyseattle.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
ENTIRE AGREEMENT
These terms and conditions, together with www.simplyseattle.com's Privacy Policy constitute the entire agreement between you and www.simplyseattle.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the laws of United States, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of United States.
ABOUT THESE WEBSITE TERMS OF SERVICE
We created these website terms and conditions using the TOS/T&C generator available from Privacy Policy Online.
WWW.SIMPLYSEATTLE.COM'S DETAILS
The full name of www.simplyseattle.com is Simply Seattle.
Simply Seattle's registered address is
1600 1st Ave
Seattle WA 98104
You can contact www.simplyseattle.com by email at our email address link at the top of this Terms of Service document.
Simply Seattle Messaging Terms & Conditions
Message frequency will vary. Simply Seattle reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Simply Seattle also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Simply Seattle, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to our Simply Seattle Terms of Use and Simply Seattle Privacy Policy.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Simply Seattle and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Simply Seattle through any other programs you have joined until you separately unsubscribe from those programs.
Help
Text the keyword HELP to our shortcode to return customer care contact information.
Customer Care
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.
Contact
This message program is a service of Simply Seattle, located at 1600 1st Ave, Seattle, Washington 98101.
Dispute Resolution
- General. In the interest of resolving disputes between you and Simply Seattle in the most expedient and cost effective manner, you and Simply Seattle agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Simply Seattle or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Simply Seattle or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Simply Seattle ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Simply Seattle to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Simply Seattle will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Simply Seattle. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Simply Seattle intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Simply Seattle address for Notice is: 1600 1st Ave, Seattle, Washington 98101, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Simply Seattle will make good faith efforts to resolve the claim directly, but if you and Simply Seattle do not reach an agreement to do so within 30 days after the Notice is received, you or Simply Seattle may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Simply Seattle must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Simply Seattle will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Simply Seattle for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Simply Seattle agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Simply Seattle made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND Simply Seattle AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Simply Seattle agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Simply Seattle makes any future change to this arbitration provision, other than a change to Simply Seattle address for Notice, you may reject the change by sending us written notice within 30 days of the change to Simply Seattle address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Simply Seattle.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
