Terms and Conditions

Agreement between User and www.booksimplify.com

Welcome to www.booksimplify.com. The www.booksimplify.com website (the “site”) is comprised of various web pages operated by Simplify Appointments LLC (“Simplify”). www.booksimplify.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.booksimplify.com constitutes your agreement to all such terms. Please read these terms carefully and keep a copy of them for your reference.

www.booksimplify.com is an E-commerce Site.

Simplify Appointments LLC is a Software-as-a-Service and Marketplace website.

Privacy

Your use of www.booksimplify.com is subject to Simplify’s Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

Electronic Communications

Visiting www.booksimplify.com or sending emails to Simplify constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

if you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Simplify is not responsible for 3rd party access to your account that results from theft or misappropriation of your account. Simplify and its associates reserve the right to refuse or cancel services, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Simplify does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.booksimplify.com only with permission of a parent or guardian.

Booking Services

Simplify Appointments offers providers appointment booking services (the “Booking Services”) through the Simplify Site to their clients and users (each, a “User”) of the Simplify Appointments Site with the purpose of assisting them in booking appointments or joining a waitlist at participating third-party providers (each, a “Provider”). Appointment availability is determined at the time of a User´s request for an appointment based on information through the Simplify database. Once an appointment or waitlist request has been made by a User through the Simplify Site, Simplify will provide confirmation of the appointment or waitlist status to User via app notification, email, or other electronic messages as agreed to by the User. Following a User´s request for an appointment through the Simplify Site, the Users agree to receive appointment and waitlist confirmations, updates, rescheduling and/or cancellations via app notification, email, or other electronic messages.

No-Show Policy

Simplify Appointments is dedicated to delivering exceptional quality services to Users and Providers. To help us consistently achieve the highest level of service for Providers and their clients, Users shall cancel any appointments that they will be unable to honor in accordance with the agreed upon cancellation policy of the Provider. Users may cancel their appointments via the Simplify Site or by calling the Provider directly. In order to confirm an appointment Users will require to enter valid credit or debit card information. In order to verify that the credit or debit card information you have submitted is valid, we may put a temporary authorization on your credit or debit card when you provide the card information. Once we have verified that your card information is accurate, normally within a few days, the authorization will be removed. You may cancel your appointments in accordance with the Providers cancellation policy, which is disclosed and agreed upon at the time the appointment is made. Simplify uses this credit or debit card information and as outlined in our privacy policy Simplify has no liability for any charges made to the credit or debit card account for late cancellations or any failure to cancel your appointment in accordance with a Providers cancellation policy.

If you are not able to keep or make your appointment and you fail to cancel in accordance with the Providers cancellation policy, Simplify will notify you via app notifications, and/or email that our records show that you were a no-show. Once a client arrives at the booked appointment it will be the Providers responsibility to update the appointment status in our system. By using Simplify´s Booking Services, Users agree to receive no-show notifications via app notification, and/or email after a provider reports the appointment as a no-show, whether or not that was in fact the case. If a User receives a no-show notice in error the User agrees to contact the Provider directly to resolve the matter, Simplify is not responsible for any no-show charges made in error. User agrees that all final no-show determinations will be made by Simplify Appointments in its sole discretion.

Links to Third Party Sites/Third Party Services

www.booksimplify.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Simplify and Simplify is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Simplify is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Simplify of the fsite or any association with its operators.

certain services made available via www.booksimplify.com are delivered by third party sites and organizations. by using any product, service, or functionality originating from thewww.booksimplify.com domain, you hereby acknowledge and consent that Simplify may share such information and data with any third party with whom Simplify has a contractual relationship to provide the requested product, service, or functionality on behalf ofwww.booksimplify.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

you are granted a non-exclusive, non-transferable, revocable license to access and use www.booksimplify.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Simplify that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use this Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other parties use and enjoyment of the Site. you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

all content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Simplify or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Simplify content is not for resale. your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. you will use protected content solely for your personal use and will make no other use of the content without the express written permission of Simplify and the copyright owner. you agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Simplify or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may review services, chat areas, personal web pages, calendars, and or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively “Communication Services”). you agreed to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

by way of example, and not as a limitation, your career that when using a Communication Service, you will not: defame, abuse, harass, stock, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; published on a post, upload, distribute or disseminate any inappropriate, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software programs that may damage the operation of another’s computer; advertise or offer to sell buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contest, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know call Bob cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Service; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Simplify has no obligation to monitor the Communication Services. However, Simplify reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Simplify Reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Simplify reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Simplify’s sole discretion.

always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Simplify does not control or endorse the content, messages or information found in any Communication Service and, therefore, Simplify specifically disclaims any liability with regard to the Communication Services add any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Simplify spokespersons, and their views do not necessarily reflect those of Simplify.

materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to www.booksimplify.com or Posted on Any Simplify Web Page

Simplify does not claim ownership of the materials you provide towww.booksimplify.com (including feedback and suggestions) or post, upload, input or submit to any Simplify Site or are associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Simplify, our affiliated companies and necessary sublicenses permission to use your Submissions in connection with the operation of the Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly displayed, publicly performed, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.

no compensation will be paid with respect to the use of your submission, as provided herein. Simplify is under no obligation to post or use any Submissions you may provide and may remove any Submissions at any time in Simplify’s sole discretion.

by posting, uploading, inputting, providing, or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

you will be able to connect your Simplify account to 3rd party accounts. By connecting your Simplify account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). if you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated, and administered by Simplify from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Simplify Content accessed through www.booksimplify.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Simplify, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Simplify Reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Simplify in asserting any available defenses.

Arbitration

in the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions here of, whether in contract, tort, or otherwise at law or inequity for damages or any other relief, then such disputes shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of our concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are result of these Terms and Conditions. the parties agree that the federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and force ability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Simplify agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form over representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SIMPLIFY APPOINTMENTS LLC AND/OR IT'S SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE SITE AT ANY TIME.

SIMPLIFY APPOINTMENTS LLC AND/OR IT'S SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATABLE GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SIMPLIFY APPOINTMENTS LLC AND/OR IT'S SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE TITLE AND NON-INFRINGEMENT

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMPLIFY APPOINTMENTS LLC AND/OR IT'S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SIMPLIFY APPOINTMENTS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOUL AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Simplify reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the state of Delaware, and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

you agree that no joint venture, partnership, employment, or agency relationship exists between you and Simplify as a result of this agreement or use of the Site. Simplify’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Simplify’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Simplify with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Simplify with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Simplify with respect to the Site. A printed version of this agreement add of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Simplify reserves the right, in its sole discretion, to change the Terms under which www.booksimplify.com is offered. The most current version of the Terms will supersede all previous versions. Simplify Encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Simplify Welcomes your questions or comments regarding the Terms:

Simplify Appointments LLC

1555 Brolien Dr

Windsor, CO 80550

Email Address:

support@booksimplify.com

Telephone number:

+1 (573) 202-3850

Effective as of September 31, 2023