Terms of Use
Effective Date: January 1, 2025
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you and Born Simple ("we," "us," or "our"), concerning your access to and use of the bornsimple.com website (the "Site").
By accessing the Site, you agree that you have read, understood, and agree 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.
2. Intellectual Property Rights
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.
The Content and the Marks 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.
3. User Representations
By using the Site, you represent and warrant that:
- You have the legal capacity and you agree to comply with these Terms of Use
- 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
- You will not access the Site through automated or non-human means
- You will not use the Site for any illegal or unauthorized purpose
- Your use of the Site will not violate any applicable law or regulation
4. Prohibited Activities
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 content from the Site without our written permission
- Make any unauthorized use of the Site
- Engage in unauthorized framing of or linking to the Site
- Trick, defraud, or mislead us and other users
- Make improper use of our support services
- Engage in any automated use of the system
- Interfere with, disrupt, or create an undue burden on the Site
- Attempt to impersonate another user or person
- Use the Site to advertise or offer to sell goods and services
- Upload or transmit viruses, Trojan horses, or other harmful material
- Harass, annoy, intimidate, or threaten any of our employees or agents
- Delete the copyright or other proprietary rights notice from any Content
- Copy or adapt the Site's software
- Use any information obtained from the Site to harass, abuse, or harm another person
5. Third-Party Websites and Content
The Site may contain links to third-party websites, such as retailer sites where you can purchase our products. Such third-party websites are not under our control, and we are not responsible for the contents of any linked site. We provide these links merely as a convenience and the inclusion of such a link does not imply a recommendation or endorsement.
6. Site Management
We reserve the right, but not the obligation, to:
- Monitor the Site for violations of these Terms of Use
- Take appropriate legal action against anyone who violates the law or these Terms of Use
- Otherwise manage the Site in a manner designed to protect our rights and property
7. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
8. Disclaimers
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.
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 ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
9. Limitations of Liability
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.
10. Indemnification
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 your use of the Site or breach of these Terms of Use.
11. Governing Law
These Terms shall be governed by and defined following the laws of the State of Illinois, and you irrevocably consent that the courts of Illinois shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
12. Changes and Amendments
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 "Effective Date" of these Terms of Use.
13. Contact Information
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Born Simple1661 Feehanville Drive
Mount Prospect, IL 60056
Email: Contact Form