Privacy Policy
Simply Gum is committed to respecting your privacy. We will not sell, share, or rent your information to third parties in ways different from what is disclosed in this statement.
Collecting and Using Your Information
We may collect your IP address to analyze trends, to track interests, and to administer the site. IP addresses are not linked to personally identifiable information. If you choose to register or place an order, we will collect personally identifiable information such as name, address, and email, as well as financial information such as credit card number and expiration date. It is at your discretion as to whether you would like to provide us with this information. However, should you choose not to provide this information, we may be unable to process your order. We use the personally identifiable information you provide for purposes such as: filling your orders, profiling your preferences, and confirming and tracking orders. We will also use your information to send customer service communications. We send all new users a welcome email verifying password and username.
Email List and Special Offers
If you wish to receive e-mail notifications from us about new products, services and special promotions, we ask for contact information such as name and e-mail address. To be removed from our e-mail list, please click opt-out or send an email to info@simplygum.com.
Updating Your Information
At any time, you can update your personal information through our website.
Sharing Your Information
We may use third parties to ship orders directly, and a credit card processing company to bill you for goods and services. In connection with these services, it is necessary to share certain personally identifiable information with such providers only to the extent needed to perform their functions. They may not use such information for any other purpose.
Cookies
A cookie is a piece of data stored on the user's hard drive containing information about the user. We use cookies to identify one user from another and to track marketing promotions and apply promotional discounts. The cookies contain no personally identifiable information. The cookies expire when you close the browser.
Links
This web site may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this web site.
Security
Simply Gum is dedicated to protecting the security of the personal information you share with us by using sophisticated encryption and authentication tools. All of your order information is confidential and encrypted. We use industry- leading technology called Secure Sockets Layer (SSL) to ensure that your information and credit card number are safely transported online to our secure system at Simply Gum. In addition, we urge you to keep your password in a safe place and not to share this with anyone. Also, please remember to sign off your account and close your browser window when you have finished your visit.
Notification of Policy Changes
If we decide to make changes to our privacy policy, in whole or in part, we will inform you by posting a notice on our Web site. Those changes will go into effect on the date posted in the notice. The new policy will apply to all current and past users of our web site and will replace any prior policies that are inconsistent. We reserve the right to modify this privacy policy at any time, so please review it frequently. The effective date of the current privacy policy is October 31, 2015.
Contact Us
If you have any questions about the privacy or security at our Web site, you can send an email to info@simplygum.com.
Terms of Use
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.
Copyright and Trademarks
Copyright © 2016 Simply Gum INC All rights reserved.
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 clips, 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.
