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SIMPAUL DESIGN LLC. TERMS OF USE
Terms of Service
The following terms and conditions govern all use of the simpauldesign.com website and all content, services, features, activities and products available at or through the website, including, but not limited to, Simpaul Design Agency, mobile sites and applications (collectively, the ?Services?).
These Terms of Use (the ?Terms of Use?) govern your use of all Web sites operated by SIMPAULDESIGN LLC. (?Simpaul Design?), including, without limitation, the Web site currently located simpauldesign.com (collectively, the ?Site?), provided for your informational, educational and entertainment purposes. ?Please read these Terms of Use carefully.
These Terms of Use constitute a binding agreement between you and Simpaul Design regarding your use of the Site. By using the Site, you agree to be bound by these Terms of Use and the Simpaul Design Privacy Policy. If you do not agree to any provision of these agreements, you may not use the Site.
2. Ownership
The content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, ?Simpaul Design Content?), and the Simpaul Design word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site that constitute trademarks (collectively, ?Marks?), are owned by or licensed to Simpaul Design and are subject to copyright, trademark and other intellectual property rights under Kenya and international laws.
3. Privacy Policy
You agree that Simpaul Design may use any information Simpaul Design obtains about you in accordance with the provisions of the Simpaul Design Privacy Policy https://simpauldesign.com/privacy.
4.?Fraud
Simpaul Design reserves the right, but undertakes no obligation, to actively report and prosecute actual and suspected credit card fraud. Simpaul Design may, in its discretion, require further authorization from you such as a telephone confirmation of your order and other information. Simpaul Design reserves the right to cancel, any order if fraud is suspected. Simpaul Design captures certain information during the order process, including time, date, IP address and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, Simpaul Design reserves the right, but undertakes no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the credit card company for fraud investigation. Simpaul Design reserves the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.
5. Links to Other Web Sites
The Site may contain links to third-party Web sites or Internet resources that are not owned or controlled by Simpaul Design. Simpaul Design?s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Simpaul Design?s endorsement of such other Web site or resource or its contents. SIMPAUL DESIGN SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF ANY THIRD PARTY WEB SITES OR RESOURCES, AND SIMPAUL DESIGN DOES NOT WARRANT, ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY SUCH THIRD PARTY WEBSITES OR RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH ANY LINKED WEBSITES OR FEATURED IN ANY ADVERTISING.
6. Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE site IS AT YOUR SOLE RISK. THE SITE ARE PROVIDED ON AN ?AS IS? AND ?AS AVAILABLE? SIMPAUL DESIGN. ?TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Simpaul Design EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY AND NON-INFRINGEMENT), WITH RESPECT TO THE site. ?without limiting the foregoing and TO THE MAXIMUM EXTENT PERMITTED by LAW, Simpaul Design ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
7. Limitation of Liability
IN NO EVENT WILL SIMPAUL DESIGN BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IT WAS ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
8. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. ?Accordingly, some of the above limitations and disclaimers may not apply to you. ?To the extent Simpaul Design may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Simpaul Design?s liability shall be the minimum permitted under such applicable law.
9. Indemnity
You agree to indemnify, defend, and hold harmless Simpaul Design and its affiliates and any of their officers, employees, directors, shareholders, agents, partners, licensors, successors and assigns (the ?Simpaul Design Parties?) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys? fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to Simpaul Design; (b) your use of the Site; or (c) your violation of these Terms of Use. Simpaul Design reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Simpaul Design in asserting any available defences.
10. ?Force Majeure
Without limiting the foregoing, under no circumstances will Simpaul Design be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
11. ?Termination
Simpaul Design may terminate or suspend access to the Site immediately, without prior notice or liability, if you breach any provision of these Terms of Use. ?In the event of any such termination, the indemnification provisions set forth above shall survive.
12. ?Arbitration
You and Simpaul Design agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Simpaul Design hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Simpaul Design relating to the Site or these Terms of Use (each a ?Claim?) shall be submitted for binding arbitration in accordance with the Arbitration Act 1995 (as amended in 2010). The arbitration will be heard and determined by a single arbitrator in Nairobi County, Kenya. The arbitrator?s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Simpaul Design?s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. ?OTHER RIGHTS THAT YOU
OR SIMPAUL DESIGN WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
13. General Provisions
These Terms of Use shall be governed by and construed in accordance with the laws of Kenya, without giving effect to any conflict of laws rules or provisions. ?If any provision of these Terms of Use shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. ?The failure of Simpaul Design to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. ?These Terms of Use, the Simpaul Design Privacy Policy https://simpauldesign.com/privacy? together with and any other policies, rules or guidelines posted in connection with the Site, constitute the entire and exclusive agreement between Simpaul Design and you regarding the Site.
Effective February 24, 2018
