Terms of Service

SIMPLE SIMON’S PIZZA WEBSITE TERMS OF USE

These Terms of Use for Simple Simon’s Pizza website (hereinafter “Terms of Use”) govern your use of the Simple Simon’s Pizza website (hereinafter “website”). These Terms of Use apply to all users of the website. Please read the following terms of use carefully and in full before using this site. By using, visiting, or browsing the Simple Simon’s Pizza website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Simple Simon’s Pizza website. These Terms of Use are an ongoing agreement between you and Simple Simon’s Pizza and apply to your use of the Simple Simon’s Pizza website. These Terms of Use affect your rights and you should read them carefully.

CHANGES TO TERMS OF USE

Simple Simon’s Pizza reserves the right, from time to time, without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the “Terms of Use” located at the bottom of the pages of the Simple Simon’s Pizza website. The most current version of the Terms of Use will supersede all previous versions. The website shall have no liability to you for any modification or discontinuation of the services. Your use of the Simple Simon’s Pizza website after changes are made means that you agree to be bound by such changes.

LIMITATIONS ON YOUR USE OF SERVICES

You may not attempt, authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with Simple Simon’s Pizza website or any of the functions of the site contained within. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services.

THIRD PARTY SITES

The website may contain links to third party websites that are not owned or controlled by Simple Simon’s Pizza. Simple Simon’s Pizza has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, Simple Simon’s Pizza has no control over the content of any third-party site. By using the website, you expressly relieve Simple Simon’s Pizza from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the website and to read the terms and conditions and privacy policy of each other website that you visit.

WEBSITE ACCESS

1. Simple Simon’s Pizza hereby grants you permission to use the website as set forth in this Terms of Use, provided that: (i) your use of the website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the website in any medium without Simple Simon’s Pizza’s prior written authorization; (iii) you will not attempt to alter or modify any part of the website other than as may be reasonably necessary to use the website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
2. In order to access some features of the website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Simple Simon’s Pizza immediately of any breach of security or unauthorized use of your account. Although Simple Simon’s Pizza will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Simple Simon’s Pizza or others due to such unauthorized use.
3. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the website in a manner that sends more request messages to the Simple Simon’s Pizza servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Simple Simon’s Pizza grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Simple Simon’s Pizza reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes.

INTELLECTUAL PROPERTY RIGHTS

The content on the Simple Simon’s Pizza website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Simple Simon’s Pizza, subject to copyright and other intellectual property rights under United States law. Content on the website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Simple Simon’s Pizza reserves all rights not expressly granted in and to the website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

WARRANTY DISCLAIMER

You agree that your use of the Simple Simon’s Pizza website shall be at your sole risk. To the fullest extent permitted by law, Simple Simon’s Pizza, its officers, directors, employees, and agents disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and/or fitness for a particular purpose, in connection with the website and your use thereof. Simple Simon’s Pizza makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any:

1. Errors, mistakes, or inaccuracies of content;
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;
3. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
4. Any interruption or cessation of transmission to or from our website;
5. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party; and/or
6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Simple Simon’s Pizza website. Simple Simon’s Pizza does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Simple Simon’s Pizza website or any hyperlinked website or featured in any banner or other advertising, and Simple Simon’s Pizza will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY

In no event shall Simple Simon’s Pizza, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, costs, fees, expenses or any expenditures whatsoever resulting from any:

7. Errors, mistakes, or inaccuracies of content;
8. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website;
9. Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
10. Any interruption or cessation of transmission to or from our website;
11. Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or
12. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Simple Simon’s Pizza website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
13. Simple Simon’s Pizza makes no representations that the Simple Simon’s Pizza website is appropriate or available for use in other locations. Those who access or use the Simple Simon’s Pizza website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

INDEMNITY

You agree to defend, indemnify and hold harmless Simple Simon’s Pizza, its parent corporations, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the website.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use In any case, you affirm that you are over the age of 13, as the Simple Simon’s Pizza website is not intended for children under 13. If you are under 13 years of age, then please do not use the Simple Simon’s Pizza website – there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

ASSIGNMENT

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Simple Simon’s Pizza without restriction.

GENERAL

You agree that: (i) the Simple Simon’s Pizza website shall be deemed solely based in Oklahoma; and (ii) the Simple Simon’s Pizza website shall be deemed a passive website that does not give rise to personal jurisdiction over Simple Simon’s Pizza, either specific or general, in jurisdictions other than Oklahoma. These Terms of Use shall be governed by the internal substantive laws of the State of Oklahoma, without respect to its conflict of laws principles. Any claim or dispute between you and Simple Simon’s Pizza that arises in whole or in part from the Simple Simon’s Pizza website shall be decided exclusively by a court of competent jurisdiction located in Tulsa County, Oklahoma.

These Terms of Use, together with the Simple Simon’s Pizza website Privacy Notice and any other legal notices published by Simple Simon’s Pizza on the website shall constitute the understanding between you and Simple Simon’s Pizza concerning the website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Simple Simon’s Pizza to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Simple Simon’s Pizza reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Simple Simon’s Pizza website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You and Simple Simon’s Pizza agree that any cause of action arising out of or related to the Simple Simon’s Pizza website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

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