Terms and Conditions
Website Terms and Conditions
BY ACCESSING OR USING THE SITES, OR PLACING AN ORDER FOR ANY OF OUR PRODUCTS, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT CONSENT TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THE SITES AND OUR PRODUCTS.
If you do not agree to these Terms and Conditions, you should immediately cease all usage of the Sites.
These Terms and Conditions are intended to create legally binding obligations and rights between you, a user, and us. In these Terms and Conditions, “you” and “your” refer to you, a user of the Sites, and/or a purchaser of our products. If you are accessing or using the Site in your capacity as an employee or other representative of another person or company, then you are agreeing to these Terms and Conditions on behalf of yourself and such person or company, as applicable, and you represent and warrant that you have the authority to bind such person or company, as applicable, to these Terms and Conditions.
We may change these Terms and Conditions by notifying you of such changes by any reasonable means, including by posting revised Terms and Conditions on our website. Any changes will not apply to any claim brought prior to the date on which we posted the revised Terms and Conditions. Your access to or use of the Sites following any changes to these Terms and Conditions will constitute your acceptance of such changes in your consent to the legal obligations created.
License to User Content and Feedback
The following applies to all content and material you submit to us and all suggestions, improvements or feedback you submit (collectively, “User Content”). As to the foregoing, you grant us and our assignees, affiliates, licensees, and sublicensees a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from, and otherwise exploit all such content and materials. Furthermore, you grant to us and to our assignees, affiliates, licensees and sublicensees the license to use your name, user name, trademarks, and logos in connection with any such content and materials, including keywords in third-party Internet search engines. You waive all rights to any compensation or remuneration connected with the content and materials you submit.
You represent and warrant that: (a) you own the content and materials that you create or submit, or that you otherwise have the right to grant the license set forth in this section; and (b) such content and materials do not violate applicable law or the rights of any person or entity. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of the use of that content and material. You agree to defend, indemnify, and hold us and our affiliates harmless from any claims arising from or related to any such content or materials.
If at any time it comes to your attention that User Content violates or may violate any right of any person, you agree to immediately modify or delete the User Content (if created by you) and to notify us, so we may take any additional steps we deem appropriate.
You agree not to access or attempt to access the Sites by any means other than through the interface that is provided by us. You agree that you will not engage in any activity that interferes with or disrupts the Sites or the servers and networks that are connected to the Sites. Unless you have been specifically permitted to do so in a separate written agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Sites or any of the products depicted thereon for any purpose. You agree that you are solely responsible for any breach of your obligations under these Terms and Conditions and that we have no responsibility or liability to you or to any third party for any such breach or its consequences.
You may not transmit to us or upload to the Sites any harmful code such as viruses, worms, etc., that have the effect of damaging or disabling the Sites, impairing any person’s access to them, or allowing you to obtain information about any other persons without their authorization.
You may not directly or indirectly use the Sites to generate or facilitate unsolicited email or other communications (“spam”).
We reserve the right to use any lawful method to obtain information about and to block the activities of any user who violates these Terms and Conditions.
Registration; Contact Information
Some areas of the Sites, including areas that may permit you to set up an account, require you to register or provide personally identifiable information. If you so register, you agree to (a) provide accurate and complete information about yourself (including your email address); (b) be responsible for the confidentiality and use of your username and password; and (c) not transfer or resell your account or access to the Sites to any third party. Using an email address that is not yours is a violation of our Terms and Conditions, and we reserve the right to drop such email addresses.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
As part of its services to you, you agree that we may communicate with you on our own behalf or on behalf of a third party. By providing us with your contact information, you expressly consent to receiving communication via the contact information. You may not restrict or revoke that consent without discontinuing use of our services.
If you establish an account, you are entirely responsible for all activities that occur under your account, whether authorized or not authorized. You agree to notify us of any unauthorized use of your account or any other breach of security that is known or should be known to you. Your right to use the Services is personal to you, and you agree not to resell or make any commercial use of the Services without our express written consent.
Third-Party Sites and External Sites
The Sites may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms and conditions and privacy policies of each site. We are not responsible for any content or services provided by these third parties, and we disclaim all liability from anything that may occur when you utilize such third parties. Your use of any such third-party services is solely at your own risk. We may stop offering any such third-party sites or services at any time.
Disclaimer of Warranties
THE SITES AND ALL INFORMATION, USER CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DISCLAIM ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES, AND ALL INFORMATION, USER CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITES. WE DISCLAIM ALL WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY US.
We shall have no liability for any interruptions in your access to the Sites or the Services. We further disclaim all liability for any technical problems that interfere with your access to the Sites. This disclaimer covers injury or damage to your or to any other person’s computer, mobile device, or other hardware or software.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
Limitation of Liability
Our liability shall be limited in all cases to only those amounts paid to us for Services.
EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE TO ANY USER ON ANY CLAIM IN WHOLE OR IN PART ARISING FROM OR RELATED TO THAT USER’S USE OF, MISUSE OF, OR RELIANCE ON THE SITES.
EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, INDEPENDENT CONTRACTORS, AGENTS, OR EMPLOYEES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, IN WHOLE OR IN PART ARISING FROM OR RELATED TO THE SERVICES OR THE SITES. THIS LIMITATION APPLIES TO CLAIMS BASED ON CONTRACT, TORT, STATUTE, EQUITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, AND LOST DATA.
Governing Law and Dispute Resolution
Our Sites are operated and provided in the State of California. The laws of the State of California govern these Terms and Conditions and your access to the Sites and the Services, without giving effect to any choice of law rules. We make no representation that our Sites or Services are appropriate, legal or available for use in other locations. Subject to the “Arbitration of Disputes” section below, you agree to submit all claims arising from or related to your relationship with us to the exclusive jurisdiction of the state and federal courts in Ventura County, California, and you waive any objections to jurisdiction, venue or forum. In any action between us, the prevailing party shall be entitled to recover its attorneys’ fees and costs.
Arbitration of Disputes
We encourage you to speak with counsel of your own choosing before using the Sites or completing any purchase to better understand this arbitration provision.
If any disputes arise, please call us at 888-347-4622. If we are unable to resolve the matter to your satisfaction, you and Simba® each agree to submit the dispute either to small claims court or to binding arbitration. If the total amount in dispute is $10,000.00 or less, the claim(s) shall be filed in small claims court, and the decision of the court shall be final. If the total amount in dispute is more than $10,000.00, the claim(s) shall be submitted to binding arbitration, as follows.
The party who intends to seek arbitration must first send, by U.S. certified mail, a written notice of dispute to the other party. The notice must describe the nature and basis of the claim or dispute and set forth the specific relief sought. The parties then shall attempt in good faith to informally resolve the dispute. If no resolution is reached within 30 days after the notice is received, either party may commence an arbitration proceeding before the Judicial Arbitration and Mediation Service (JAMS). You may commence an arbitration proceeding by contacting JAMS at (213) 620-1133 or through their website, https://www.jamsadr.com. The JAMS Streamlined Arbitration Rules & Procedures then in effect shall apply to the proceedings. Those rules are available on the JAMS website. The arbitration shall be conducted in Ventura County, California, before a single arbitrator. The fees of the arbitrator shall be shared equally between the parties.
The parties agree that, by assenting to these Terms and Conditions, they are each waiving the right to a trial by jury.
You further agree that you will not assert any class action or other representative claims arising from or relating to this policy or your use of our Sites or Services. The waiver of class or other representative claims shall not apply, where a waiver of this type is prohibited by law.
You agree to indemnify and defend us and to hold us harmless from and against all damages and liabilities caused in whole or in part by any unlawful actions or breaches of this policy committed by you, arising from or related to your use of our Sites or your dealings with our company. Your indemnity obligations cover any damages and liabilities arising from or related to any request submitted to us, including without limitation, requests for disclosure or deletion of personal information, and any unauthorized access to our Sites or computer systems obtained or facilitated through your computer or other electronic device.
Limitation of Liability
You agree that in no event will our liability to you or any person claiming through you or on your behalf exceed the total payments you have made to us for any goods or services purchased in the 12 months prior to the submission of the claim.
By using our Sites, you consent to these Terms and Conditions.
Refunds and Returns
Refunds will be issued only pursuant to these Terms and Conditions. If you are not satisfied for any reason with our Services, you may request a refund. You agree that refunds will be issued only if a request for a refund is made within 7 days from date of delivery. The decision to issue a refund lies solely within our discretion and will not be accepted without a Simba®-provided Return Material Authorization number (RMA).
Right to Refuse to Provide Service
We reserve the right to cancel any account and refuse to provide services to anyone, for any reason, at any time.
Your Information and Email Transmissions
Compliance with Laws
You are responsible for compliance with all applicable law. You may not use the Sites or the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.
Copyright and Trademark Information
All content included or available on the Sites, including Site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright © Simba® 2023, with all rights reserved, or is the property of Simba® or third parties and is protected by applicable law. Any use of materials on the Sites, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission is strictly prohibited. You agree that you will not use any robot, spider, or other software, device, or process to monitor or copy any portion of the Sites without prior written permission.
Claims of Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Simba® infringe your copyright, you or your agent may send us a notice requesting that the material be removed or access to it blocked. The notice must include the information required by the DMCA; see http://www.loc.gov/copyright/ for details. DMCA notices may be sent in writing to us at the addresses provided below. We suggest that you consult your legal advisor before submitting a notice.
We reserve the right, at any time, to modify, alter, or update these Terms and Conditions without prior notice. Modifications shall become effective immediately upon being posted. Your continued use of the Sites or the Services after amendments are posted constitutes an acknowledgement and acceptance of those modifications.
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that your obligations under these Terms and Conditions and any other agreements between you and us may be assigned by us, in our sole discretion, to a third party as we deem appropriate in our sole discretion.
Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of these Terms and Conditions be construed as a continuing waiver of other breaches of the same or other provisions of these Terms and Conditions. Neither failure nor delay on the part of Simba® to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege.
By accessing or using the Sites or the Services, you agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws, and other laws regarding intellectual property.
If there are any questions regarding these Terms and Conditions, you may contact us using the information below.
1283 Flynn Rd
Camarillo, CA 93012
Simba® North Carolina
4451 Raceway Dr. SW
Concord, NC 28027
These Terms and Conditions were last updated on November 17, 2021.