Last Modified: February 20, 2013
Welcome to the website of Fierce Simplicity LLC. (including any of its subsidiaries or corporate affiliates, collectively, " Fierce Simplicity," "we," "us" or "our")! Any person accessing or using the websites located at www.Fiercesimplicity.com and any other website(s) owned and/or operated by Fierce Simplicity and any of their associated web pages (collectively, the "Network") is referred to as "you".
Access and Use of Website
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Network, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
- hack into the Network or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Network;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Network;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
- access or attempt to access any password-protected, secure or non-public areas of the Network without the express permission of Fierce Simplicity.
The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Network are the property of Fierce Simplicity and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Network "AS IS", and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Fierce Simplicity be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Network.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Network are owned by Fierce Simplicity and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Fierce Simplicity reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Fierce Simplicity in any way except to the extent that it is specifically indicated to be so.
We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Network are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT FIERCE SIMPLICITY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.
Any concerns regarding Content and/or availability of hyperlinks of a third party on the Network, which are not controlled by Fierce Simplicity, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Network
Content You Provide (User-Generated Content)
By Submitting User Generated Content to the Network, you grant, and you represent and warrant that you have the right to grant, to Fierce Simplicity, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Fierce Simplicity or a third party to post User Generated Content to any public area of the Network, you grant Fierce Simplicity all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Network to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Network, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.
In the event that you do not wish for Fierce Simplicity to use your User Generated Content, please do not Submit such User Generated Content to the Network. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Fierce Simplicity, and Fierce Simplicity makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Fierce Simplicity reserves the right to remove any User Generated Content from the Network at any time and for any reason.
Limited License; Personal, Business, and Non-Commercial Use Limitation of the Content and Network
You also agree not to deep-link to the Network or any website or webpage thereof for any purpose, unless specifically authorized by Fierce Simplicity. Use of any of Fierce Simplicity trademarks as metatags on other Networks is also strictly prohibited.
Unauthorized Use of the Network
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Network, or transmit any worms or viruses or any code of a destructive nature on or to the Network.
Linking to the Network
Fierce Simplicity reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Fierce Simplicity’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Network, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Network.
Terms of Sale; Prices
By placing an order with Fierce Simplicity, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Fierce Simplicity’s acceptance of an order. We retain the right to refuse any request made by you.
Prior to Fierce Simplicity’s acceptance of an order, verification of information may be required. Fierce Simplicity reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Fierce Simplicity, for any reason whatsoever. Fierce Simplicity reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Fierce Simplicity shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, Fierce Simplicity shall credit your account in the amount of the incorrect price.
Fierce Simplicity reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Network are quoted in U.S. dollars.
Please see our Customer Care Section and all related webpages for information on shipping, delivery and tracking, the ordering and payment process, returns and exchanges, electronic gift cards, and other helpful information. Fierce Simplicity reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Fierce Simplicity as necessary (please see our USA Shipping, International Shipping, and Ordering & Payment webpages and all related webpages for further information).
DISCLAIMER AND LIMITATION OF LIABILITY
A. Disclaimer. FIERCE SIMPLICITY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, NETWORK AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE NETWORK, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NETWORK, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NETWORK OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE NETWORK OR ANY THIRD PARTY WEBSITE(S) BY FIERCE SIMPLICITY OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE NETWORK, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY FIERCE SIMPLICITY ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, FIERCE SIMPLICITY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. FIERCE SIMPLICITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE NETWORK, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS NETWORK OR LINKED TO FROM THIS NETWORK.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE NETWORK, AND ALL OTHER USE OF THE NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
Modification/Termination of Network
General Legal Provisions
© Fierce Simplicity LLC. 2014, all rights reserved.
All materials on the Network (as well as the organization and layout of the Network) are owned and copyrighted or licensed by Fierce Simplicity, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Network is permitted without the written permission of Fierce Simplicity. Any rights not expressly granted herein are reserved by Fierce Simplicity.
If you believe that any User Generated Content violates your copyright, please see below for instructions on sending us a notice of copyright infringement.
Pursuant to Title 17, United States Code, Section 512 (the "Digital Millennium Copyright Act"), notifications of claimed copyright infringement should be sent to Fierce Simplicity’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.
Fierce Simplicity LLC.
P.O Box 416595
Miami, FL 33141