Terms And Condition

TERMS AND CONDITIONS 

Last updated June 17th, 2022

TABLE OF CONTENTS 

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether

personally or on behalf of an entity ("you") and Simply Neci boutique ("Company," "we," "us."

"our"), concerning your access to and use of the http://www.simplyneciboutique.com  website as well as any other media form, media channel, mobile website or mobile application related.

linked, or otherwise connected thereto (collectively, the "Site"). We are registered in Texas,

United States. You agree that by accessing the Site, you have read, understood, and

agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF

THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE

SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to

time are hereby expressly incorporated herein by reference. We reserve the right, in our sole

discretion, to make changes or modifications to these Terms of Use at any time and for any

reason. We will alert you about any changes by updating the "Last updated" date of these Terms

of Use, and you waive any right to receive specific notice of each such change. Please ensure

that you check the applicable Terms every time you use our Site so that you understand which

Terms apply. You will be subject to, and will be deemed to have been made aware of and to

have accepted, the changes in any revised Terms of Use by your continued use of the Site after

the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or

entity in any jurisdiction or country where such distribution or use would be contrary to law or

regulation or which would subject us to any registration requirement within such jurisdiction or

country. Accordingly, those persons who choose to access the Site from other locations do so

on their own initiative and are solely responsible for compliance with local laws, if and to the

extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability

and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.),

so if your interactions would be subjected to such laws, you may not use this Site. You may not

use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The Site is intended for users who are at least 16 years of age. All users who are minors in the

jurisdiction in which they reside (generally under the age of 18) must have the permission of,

and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you

must have your parent or guardian read and agree to these Terms of Use prior to you using the

Site. 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases,

functionality, software, website designs, audio, video, text, photographs, and graphics on the

Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein

(the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright

and trademark laws and various other intellectual property rights and unfair competition laws of

the United States, international copyright laws, and international conventions. The Content and

the Marks are provided on the Site "AS IS" for your information and personal use only. Except

as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may

be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,

encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any

commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and

use the Site and to download or print a copy of any portion of the Content to which you have

properly gained access solely for your personal, non-commercial use. We reserve all rights not

expressly granted to you in and to the Site, the Content and the Marks.

By using the Site, you represent and warrant that: (1) all registration information you submit will

be true, accurate, current, and complete; (2) you will maintain the accuracy of such information

and promptly update such registration information as necessary; (3) you have the legal capacity

and you agree to comply with these Terms of Use; (4) you are not under the age of 16; (5) you

are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental

permission to use the Site; (6) you will not access the Site through automated or non-human

means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal or

unauthorized purpose; and (8) your use of the Site will not violate any applicable law or

Regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the

right to suspend or terminate your account and refuse any and all current or future use of the

Site (or any portion thereof).

You may be required to register with the Site. You agree to keep your password confidential and

will be responsible for all use of your account and password. We reserve the right to remove,

reclaim, or change a username you select if we determine, in our sole discretion, that such

username is inappropriate, obscene, or otherwise objectionable.

You may not access or use the Site for any purpose other than that for which we make the Site

available. The Site may not be used in connection with any commercial endeavors except those

that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other

material, including excessive use of capital letters and spamming (continuous posting of

repetitive text), that interferes with any party's uninterrupted use and enjoyment of the

Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,

operation, or maintenance of the Site.

• Engage in any automated use of the system, such as using scripts to send comments or

messages, or using any data mining, robots, or similar data gathering and extraction

tools.

• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a

passive or active information collection or transmission mechanism, including without

limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or

other similar devices (sometimes referred to as "spyware" or "passive collection

mechanisms" or "pcms").

• Interfere with, disrupt, or create an undue burden on the Site or the networks or services

connected to the Site.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in

providing any portion of the Site to you

• Attempt to bypass any measures of the Site designed to prevent or restrict access to the

Site, or any portion of the Site.

• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML,JavaScript, or other code.
•  Except as permitted by applicable law, decipher, decompile, disassemble, or reverse

engineer any of the software comprising or in any way making up a part of the Site.

• Except as may be the result of standard search engine or Internet browser usage, use,

launch, develop, or distribute any automated system, including without limitation, any

spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or

launching any unauthorized script or other software.

• Use a buying agent or purchasing agent to make purchases on the Site.
•  Make any unauthorized use of the Site, including collecting usernames and/or email

addresses of users by electronic or other means for the purpose of sending unsolicited

email, or creating user accounts by automated means or under false pretenses.

•  Use the Site as part of any effort to compete with us or otherwise use the Site and/or the

Content for any revenue-generating endeavor or commercial enterprise

• Use the Site to advertise or offer to sell goods and services.

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online

forums, and other functionality, and may provide you with the opportunity to create, submit, post,

display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the

Site, including but not limited to text, writings, video, audio, photographs, graphics, comments,

suggestions, or personal information or other material (collectively, "Contributions")

Contributions may be viewable by other users of the Site and through third-party websites. As

such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

•  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the

proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

• You have the written consent, release, and/or permission of each and every identifiable

individual person in your Contributions to use the name or likeness of each and every

such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,

pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,

slanderous, or otherwise objectionable (as determined by us).

• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.

• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in,

among other things, termination or suspension of your rights to use the Site.

By posting your Contributions to any part of the Site, you automatically grant, and you represent

and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable,

perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to

host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,

cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in

part), and distribute such Contributions (including, without limitation, your image and voice) for

any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or

incorporate into other works, such Contributions, and grant and authorize sublicenses of the

foregoing. The use and distribution may occur in any media formats and through any media

Channels.

This license will apply to any form, media, or technology now known or hereafter developed,

and includes our use of your name, company name, and franchise name, as applicable, and

any of the trademarks, service marks, trade names, logos, and personal and commercial

images you provide. You waive all moral rights in your Contributions, and you warrant that moral

rights have not otherwise been asserted in your Contributions.  

We do not assert any ownership over your Contributions. You retain full ownership of all of vour

Contributions and any intellectual property rights or other proprietary rights associated with your

Contributions. We are not liable for any statements or representations in your Contributions

provided by you in any area on the Site. You are solely responsible for your Contributions to the

Site and you expressly agree to exonerate us from any and all responsibility and to refrain from

any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change

any Contributions; (2) to re-categorize any Contributions to place them in more appropriate

locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any

reason, without notice. We have no obligation to monitor your Contributions.

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you

must comply with the following criteria: (1) you should have firsthand experience with the

person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive,

racist, offensive, or hate language; (3) your reviews should not contain discriminatory references

based on religion, race, gender, national origin, age, marital status, sexual orientation, or

disability; (4) your reviews should not contain references to illegal activity; (5) you should not be

affiliated with competitors if posting negative reviews; (6) you should not make any conclusions

as to the legality of conduct; (7) you may not post any false or misleading statements; and (8)

you may not organize a campaign encouraging others to post reviews, whether positive or

Negative

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no

obligation to screen reviews or to delete reviews, even if anyone considers reviews

obiectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent

our opinions or the views of any of our affiliates or partners. We do not assume liability for any

review or for any claims, liabilities, or losses resulting from any review. By posting a review, you

hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable

and sublicensable right and license to reproduce, modify, translate, transmit by any means,

display, perform, and/or distribute all content relating to reviews.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or

other information regarding the Site ("Submissions") provided by you to us are non-confidential

and shall become our sole property. We shall own exclusive rights, including all intellectual

property rights, and shall be entitled to the unrestricted use and dissemination of these

Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or

compensation to you. You hereby waive all moral rights to any such Submissions, and you

hereby warrant that any such Submissions are original with you or that you have the right to

submit such Submissions. You agree there shall be no recourse against us for any alleged or

actual infringement or misappropriation of any proprietary right in your Submissions.

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party

Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound,

video, information, applications, software, and other content or items belonging to or originating

from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content

are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by

us, and we are not responsible for any Third-Party Websites accessed through the Site or any

Third-Party Content posted on, available through, or installed from the Site, including the

content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or

contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or

permitting the use or installation of any Third-Party Websites or any Third-Party Content does

not imply approval or endorsement thereof by us. If you decide to leave the Site and access the

Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk,

and you should be aware these Terms of Use no longer govern. You should review the

applicable terms and policies, including privacy and data gathering practices, of any website to

which you navigate from the Site or relating to any applications you use or install from the Site.

Any purchases you make through Third-Party Websites will be through other websites and from

other companies, and we take no responsibility whatsoever in relation to such purchases which

are exclusively between you and the applicable third party. You agree and acknowledge that we

do not endorse the products or services offered on Third-Party Websites and you shall hold us

harmless from any harm caused by your purchase of such products or services. Additionally,

you shall hold us harmless from any losses sustained by you or harm caused to you relating to

or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

We allow advertisers to display their advertisements and other information in certain areas of

the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you

shall take full responsibility for any advertisements you place on the Site and any services

provided on the Site or products sold through those advertisements. Further, as an advertiser,

you warrant and represent that you possess all rights and authority to place advertisements on

the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual

rights. We simply provide the space to place such advertisements, and we have no other

relationship with advertisers.

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms

of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the

law or these Terms of Use, including without limitation, reporting such user to law enforcement

authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the

availability of, or disable (to the extent technologically feasible) any of your Contributions or any

portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from

the Site or otherwise disable all files and content that are excessive in size or are in any way

burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect

our rights and property and to facilitate the proper functioning of the Site.

13. PRIVACY POLICY

We care about data privacy and security. By using the Site, you agree to be bound by our

Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be

advised the Site is hosted in the United States. If you access the Site from any other region of

the world with laws or other requirements governing personal data collection, use, or disclosure

that differ from applicable laws in the United States, then through your continued use of the Site,

you are transferring your data to the United States, and you agree to have your data transferred

to and processed in the United States. Further, we do not knowingly accept, request, or solicit

information from children or knowingly market to children. Therefore, in accordance with the

U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under

the age of 16  has provided personal information to us without the requisite and verifiable

parental consent, we will delete that information from the Site as quickly as is reasonably

Practical.

We respect the intellectual property rights of others. If you believe that any material available on

or through the Site infringes upon any copyright you own or control, please immediately notify

us using the contact information provided below (a "Notification"). A copy of your Notification will

be sent to the person who posted or stored the material addressed in the Notification. Please be

advised that pursuant to applicable law you may be held liable for damages if you make material

misrepresentations in a Notification. Thus, if you are not sure that material located on or linked

to by the Site infringes your copyright, you should consider first contacting an attorney

15. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT

LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT

1. IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO

AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY

PERSON FOR ANY REASON OR FOR NO REASON. INCLUDING WITHOUT LIMITATION

FOR BREACH OF ANY REPRESENTATION. WARRANTY. OR COVENANT CONTAINED IN

THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY

TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT

AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT

WARNING. IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of any third

party, even if you may be acting on behalf of the third party. In addition to terminating or

suspending your account, we reserve the right to take appropriate legal action, including without

limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any

reason at our sole discretion without notice. However, we have no obligation to update any

information on our Site. We also reserve the right to modify or discontinue all or part of the Site

without notice at any time. We will not be liable to you or any third party for any modification,

price change, suspension, or discontinuance of the Site.

We cannot quarantee the Site will be available at all times. We may experience hardware,

software, or other problems or need to perform maintenance related to the Site, resulting in

interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,

discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused

by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site

or to supply any corrections, updates, or releases in connection there with

These Terms of Use and your use of the Site are governed by and construed in accordance with

the laws of the State of Texas applicable to agreements made and to be entirely performed

within the State of Texas, without regard to its conflict of law principles.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal neqotiations, the Dispute (except

those Disputes expressly excluded below) will be finally and exclusively resolved by binding

arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE

RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced

and conducted under the Commercial Arbitration Rules of the American Arbitration Association

("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related

Disputes ("AAA Consumer Rules"), both of which are available at the AAA

website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be

governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer

Rules. The arbitration may be conducted in person, through the submission of

documents, by phone, or online. The arbitrator will make a decision in writing, but need not

provide a statement of reasons unless requested by either Party. The arbitrator must follow

applicable law, and any award may be challenged if the arbitrator fails to do so. Except where

otherwise required by the applicable AAA rules or applicable law, the arbitration will take place

in Harris, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel

arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment

on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be

commenced or prosecuted in the state and federal courts located in United states, Texas, and

the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum

non conveniens with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods

and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms

of Use

In no event shall any Dispute brought by either Party related in any way to the Site be

commenced more than 30 days after the cause of action arose. If this provision is found to

be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that

portion of this provision found to be illegal or unenforceable and such Dispute shall be decided

by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties

agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties

individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other

proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action

basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to

be brought in a purported representative capacity on behalf of the general public or any other

persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning

binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of,

any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from,

allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for

injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will

elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the

courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of

that court. 

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a product or provide information to the website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at [email protected]   (email). If more than thirty (30) days have passed from the date that you purchase a product, you are not eligible to opt out of arbitration with respect to claims relating to that product. If more than thirty (30) days have passed from the date that you provide information to the website, you are not eligible to opt out of arbitration with respect to claims relating to the website.

19. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or

omissions, including descriptions, pricing, availability, and various other information. We reserve

the right to correct any errors, inaccuracies, or omissions and to change or update the

information on the Site at any time, without prior notice.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT

YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE

FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR

IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,

WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR

A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S

CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL

ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR

INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY

DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND

USE OF THE SITE, (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 THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR

THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD

PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR

FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF

ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE

SITE WE DO NOT WARRANT. ENDORSE. GUARANTEE. OR ASSUME RESPONSIBILITY

FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY

THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE

APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT

BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY

TRANSACTION BETWEEN YOU AND ANY 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

IN NO EVENT WILL WE OR OUR DIRECTORS. EMPLOYEES. OR AGENTS BE LIABLE TO

YOU OR ANY THIRD PARTY FOR ANY DIRECT. INDIRECT. CONSEQUENTIAL

EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,

LOST REVENUE. LOSS OF DATA. OR OTHER DAMAGES ARISING FROM YOUR USE OF

THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN. OUR

LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM

OF THE ACTION. WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN US STATE

LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED

WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE

LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS

MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

ment

Iditions

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and

all of our respective officers, agents, partners, and employees, from and against any loss,

damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made

by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach

of these Terms of Use; (4) any breach of your representations and warranties set forth in these

Terms of Use; (5) your violation of the rights of a third party, including but not limited to

intellectual property rights; or (6) any overt harmful act toward any other user of the Site with

whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your

expense, to assume the exclusive defense and control of any matter for which you are required

to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

We will use reasonable efforts to notify you of any such claim, action, or proceeding which is

subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Site for the purpose of managing the

performance of the Site, as well as data relating to your use of the Site. Although we perform

regular routine backups of data, you are solely responsible for all data that you transmit or that

relates to any activity you have undertaken using the Site. You agree that we shall have no

liability to you for any loss or corruption of any such data, and you hereby waive any right of

action against us arising from any such loss or corruption of such data.

SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree that all

agreements, notices, disclosures, and other communications we provide to you electronically,

via email and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES. CONTRACTS.

ORDERS. AND OTHER RECORDS. AND TO ELECTRONIC DELIVERY OF NOTICES.

POLICIES. AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA

THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or delivery or

retention of non-electronic records, or to payments or the granting of credits by any means other

than electronic means.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance

Unit of the Division of Consumer Services of the California Department of Consumer Affairs in

writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone

at (800) 952-5210 or (916) 445-1254.

26. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to

the Site constitute the entire agreement and understanding between you and us. Our failure to

exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of

such right or provision. These Terms of Use operate to the fullest extent permissible by law. We

may assign any or all of our rights and obligations to others at any time. We shall not be

responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond

our reasonable control. If any provision or part of a provision of these Terms of Use is

determined to be unlawful, void, or unenforceable, that provision or part of the provision is

deemed severable from these Terms of Use and does not affect the validity and enforceability of

any remaining provisions. There is no joint venture, partnership, employment or agency

relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted

them. You hereby waive any and all defenses you may have based on the electronic form of

these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

In order to resolve a complaint regarding the Site or to receive further information regarding use

of the Site, please contact us at:

Simply Neci boutique

Houston, TX 77064

United States

shop.simplyneciboutique.com