Terms of service

Welcome to Simply Gum Inc (“Company”). PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms of Use”) CAREFULLY. Your use of the site is subject to these terms and conditions as well as all applicable laws, statutes, regulations, and orders. By using, visiting, or browsing this website, you accept and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you should not use the site. Simply Gum maintains this website (“Website”) as a service to its customers, potential customers, and other interested parties. Your use of this Website is subject in all respects to these terms and conditions. Simply Gum reserves the right to change these terms and conditions without prior notice. By accessing this Website, you are bound by the most current version of the terms and conditions. For this reason, we encourage you to read these terms and conditions whenever you use this website.

This web site, and the information which it contains, is the property of Simply Gum and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The entire contents of this site and its look and feel, including but not limited to trademarks, logos, text, photos, graphics, button icons, audio lips, are property of the Company and are protected by the applicable laws of the United States and/or other countries. The absence of a product or service name or logo from this list does not constitute a waiver of Simply Gum’s trademark or other intellectual property rights concerning that name or logo.

PERMITTED USE

The Website, all of the information and materials contained herein, and the software used to make the Website available (collectively, "Content") are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except for accessing this Website in accordance with these Terms of Use for personal and internal purposes, you may not use, modify, copy, reproduce, republish, upload, post, transmit, distribute, loan, rent, sell, lease, or create derivative works based on the Website, or otherwise exploit any of the content of the Website.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Simply Gum. Any and all rights not expressly granted herein are reserved by Simply Gum. The Website and the information contained and referenced herein are for informational purposes only. Request for permission to reproduce any information contained on the Website should be addressed to info@simplygum.com

You agree that you will not directly or indirectly export, re-export, or knowingly permit the export or re-export, of the Website or any content to any country or otherwise use the Website or any content in violation of any applicable export or other laws and regulations of the U.S. or any other country.

The products and services available on the Website, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or receive from us. If we suspect that you are violating our Terms of Use, we reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you.

UNAUTHORIZED USE

Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not take any action to interfere with the Website or any other user's use of the Website or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any user's experience. While using the Website you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. Your use of the Website is conditioned on your compliance with the rules of conduct set forth in this section. You may not (and you expressly agree that you will not) do any of the following, which violate these Terms of Use:

Post, upload,share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Website:
- Any material that is unlawful, obscene or objectionable in any way or violates the rights of others
- Any material that is protected by copyright, trademark, or other proprietary right without the express prior consent of the owner of such right
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," or any other form of unauthorized solicitation
- Any virus or other computer code, file, or program that is harmful or invasive or is intended to damage, interrupt, or monitor the use of, any hardware, software or equipment
Use the Website for any fraudulent or unlawful purpose
Restrict or inhibit any one from using and enjoying the Website
Gain unauthorized access to other accounts on the Website, or other computer systems or networks
Store, collect or disclose any information except as strictly necessary to use the Website
Impersonate or otherwise misrepresent any person or entity, or make false or misleading indications of origin or fact
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks
Modify, adapt, translate, or disassemble any portion of the Website
Remove any copyright, trademark or other proprietary rights notice from the Website
Frame or mirror any part of the Website
Create a database by systematically downloading and storing Website content
Without limiting the foregoing, you agree to comply with all applicable laws, rules and regulations that apply to your use of the Website.

You, and not Simply Gum, shall be responsible for ensuring that your use of the Website and Content does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance. You agree to obey the requirements, procedures and policies of computer systems connected to the Website. Simply Gum shall have the right to monitor or review your conduct on the Website.

In consideration of your use of the Website, you represent that you are at least 18 years of age, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, and you agree to provide accurate and complete information about yourself as requested in any order or account registration form (the “Registration Data”). If you are a under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Website. If Simply Gum suspects that your Registration Data is inaccurate, we may suspend or terminate your account.

LINKS TO OTHER SITES

Except as otherwise indicated, the Internet websites to which links are provided on the Website are not under the control of Simply Gum. The Company does not assume any responsibility for the contents, accuracy, completeness, currency, privacy policies, or the information or data collection, use, or disclosure practices of any linked Internet website, or for any potential damage related to the use of any such link. In addition, the existence of a link between the Website and any other Internet website is not and shall not be understood to be an endorsement by Company of the opinions or views expressed by the linked Internet website, or of the owner or proprietor of the linked Internet website. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

COLORS AND ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products, pricing and availability on this website. However, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the website is 100% accurate, complete, reliable, current or error-free.

PRODUCT AVAILABILITY, SHIPPING, AND PRICING

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States. Our Shipping and Return/Replacement policies are posted on the Website for your review. We request that you please read our policies thoroughly prior to purchasing products and merchandise from our Website.

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by or using the same online account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.

PRIVACY

These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy, which is posted here. Simply Gum only collects personally identifiable information that you voluntarily submit through the Website. We do not automatically collect personally identifiable information without your knowledge. Your submission of personal information to Simply Gum constitutes your acceptance of all the terms of the Privacy Policy.

DISCLAIMER

OUR WEBSITE IS PRESENTED “AS IS” AND “AS AVAILABLE.” SIMPLY GUM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. SIMPLY GUM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIMPLY GUM MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE, THE CONTENT, OR ANY OTHER MATERIALS, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THIS WEBSITE.

SIMPLY GUM MAY ALTER, SUSPEND, OR DISCONTINUE THIS WEB SITE AT ANY TIME FOR ANY REASON, IN WHOLE OR IN PART, WITHOUT NOTICE OR COST. THE WEB SITE MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT OR OTHER REASONS. SIMPLY GUM ALSO RESERVES THE RIGHT TO CHARGE FEES IN CONNECTION WITH THE USE OF THE WEBSITE AND OFFER PROMOTIONS AND OTHER OPPORTUNITIES TO SOME OR ALL USERS OF THE WEBSITE. SIMPLY GUM WILL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOST PROFITS OR LOST OPPORTUNITIES; (E) COMPUTER VIRUSES OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; OR (F) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF ANY KIND, RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF COMPANY AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

SIMPLY GUM MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

THE INFORMATION PROVIDED ON THIS SITE IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS MEDICAL ADVICE OR A SUBSTITUTE FOR MEDICAL ADVICE. THE CONTENT CONTAINED IN THIS WEBSITE MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, AND NATURAL PROCESSES THAT ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. THE INFORMATION ON THIS SITE DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. YOU SHOULD NOT CONSTRUE SIMPLY GUM’S PUBLICATION OF ANY CONTENT AS ANY WARRANTY OR GUARANTEE OF ANY STRATEGY, RECOMMENDATION, OR TREATMENT OF ANY PRODUCT. YOU SHOULD ALSO BE AWARE THAT NO REGULATORY AGENCY HAS DEEMED THE PRODUCTS ON THIS SITE TO BE EFFECTIVE OR TO TREAT OR CURE ANY DISEASE. WE ALWAYS RECOMMEND THAT YOU SPEAK WITH YOUR DOCTOR IF YOU HAVE QUESTIONS ABOUT YOUR SKIN CARE REGIMEN. ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify Company, the Affiliated Entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees and costs), arising out of or in anyway connected with: (i) any breach by you of these Terms of Use; or (ii) your use of the Content or services available on the Website in any unauthorized manner. By using this web site, you agree to indemnify, hold harmless and defend Simply Gum and its officers, directors, shareholders, agents, and affiliates from and against any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting from your use of the Website or the Content and any breach or non compliance by you of these Terms of Use.

DISPUTES

The law of the state of New York shall govern these Terms of Use, without reference to its choice of law rules. Any dispute relating in any way to your visit to this Website shall be resolved by arbitration in New York, conducted under the Consumer-Related Disputes Supplementary Rules with the American Arbitration Association. The arbitrator's award shall be binding and enforceable in any court of competent jurisdiction. No arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Terms of Use, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Simply Gum shall be entitled to seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. If any part of these terms is deemed unlawful or otherwise unenforceable, that part will be considered severable and will not affect the validity and enforceability of the remaining provisions.

Mobile Terms of Service

The Simply Gum mobile message service (the "Service") is operated by Simply Gum (“Simply Gum”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Simply Gum’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Simply Gum through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Simply Gum. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18449982568 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Simply Gum mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18449982568 or email info@simplygum.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.