SIMPLE THERMOSTAT SYSTEMS TERMS
These System Terms and any other terms referred to in these terms including, but not limited to, the warranty set forth below (collectively, these “Terms”) apply to purchase and use of Simple Thermostat systems including the hardware and software components of such systems (collectively, the “System”).
By submitting an order for a System or using a System, you agree to all of the terms and condition of these Terms. These terms constitute a legally binding agreement between you and theSimple, Inc.
These Terms govern the purchase, access and use of the System.
3. Ordering and Payment
When you place an order for a System, you authorize theSimple (or a third party working on theSimple’s behalf) to charge the credit card, debit card or other payment method you provided via the Site for the total amount of your order (including any shipping and handling charges and taxes).
theSimple reserves the right to reject your order. For example, theSimple may reject your order if you do not live in a country from which the System may be purchased or if you order more than the permitted maximum number of Systems.
When your order is accepted by theSimple, we will send you an email which includes the details of your order to which you should refer if you have any follow-up queries.
4. Prices and Taxes
The System price displayed on the Site does not include any shipping charges. Information about shipping charges will be presented at checkout before you submit your order.
Applicable taxes will usually be presented at checkout. In some circumstances we may notify you that you are responsible for determining whether certain taxes apply.
All prices displayed on Site the are subject to change at any time without notice.
theSimple may also provide promotional offers or prices related to the sale of Systems. Any terms applicable to such promotional offers or prices will control in the event of a conflict with these Terms.
theSimple will ship the System set forth in your order to the shipping address set forth in such order. If theSimple does not ship Systems to the address you provided in an order, you will be sent a notice and you can elect to ship to another address or cancel such order.
If a System cannot be successfully delivered because you have provided incorrect or incomplete delivery information, the System will be returned to theSimple. In that case you will not be charged for the System (or charges already incurred will be reversed using the initial payment method), but you may be charged for shipping (and such charges will not be reversed).
If you do not receive your System as expected, please contact us at firstname.lastname@example.org
Any delivery dates or times provided by theSimple (or a delivery agent) are estimates only and are not guaranteed.
6. Import and Export
The System may be subject to import and export laws and regulations in the United States and elsewhere. You must comply with all domestic and international import and export laws and regulations that apply in connection with the System. These laws may include restrictions on destinations, users, and end use.
7. Use of the System
Please read all instructions that come with the System, including instructions that may be available on the Site. Subject to the terms and conditions of these Terms, theSimple grants you a non-exclusive, non-transferable and limited license to access and use the software components of the System solely non-commercial purposes. As between you and theSimple, theSimple owns all right, title and interest in and to the software components of the Systems (including any and all intellectual property rights embodied therein or related thereto) and the intellectual property rights underlying the hardware and software components of the Systems. theSimple reserves all rights not expressly granted in theses Term, and no other licenses are granted by theSimple to you under these Terms, whether by implication, estoppel or otherwise, except as expressly set forth in these Terms.
Except as expressly authorized by the Agreement, Purchaser may not (a) modify, copy, disclose, alter, translate or create derivative works of any of the Software, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of any of the Systems, (c) use any of the Systems, or allow the transfer, transmission, export or re-export of any of the Systems in violation of any export control laws or regulations administered by the U.S. Department of Commerce, (d) disclose to any third party any performance information or other details with respect to the Systems or any Feedback (as defined below), or (e) cause or permit any individual to do any of the foregoing.
8. Defects; Warranties; Disclaimer of Warranties
theSimple warrants to you that the Systems purchased by you will be free of material manufacturing defects in materials and workmanship (“Warranty”) for a period of two year period commencing upon the date theSimple ships the applicable System (the “Warranty Period”). This Warranty applies only to Systems used exclusively in North America for non-commercial use, and this Warranty is void if a failure of the System has resulted from (a) improper installation or removal of the System, (b) any damage occurring in shipment, (c) any use or handling of the System other than the use and handling described in the theSimple user guide, or (d) any accident, abuse or misuse, any unauthorized use of the System.
If the System does not meet the Warranty within the Warranty Period, theSimple will use commercially reasonable efforts to repair or replace the System, at theSimple’s option. System components replaced pursuant to this Section 8 are subject to Warranty for the remainder of the applicable Warranty Period or a period of 60 days from the date of replacement, whichever is longer (“Extended Warranty Period”).
In order to receive a new or repaired System, you must, during the Warranty Period or Extended Warranty Period, contact theSimple at email@example.com, obtain an RMA number, and return the defective System within industry standard protective packaging to theSimple together with a detailed description of the defect and a copy of the original bill of sale. If any System or System component returned pursuant to this Section 8 is (a) found to be free of material manufacturing defects in materials and workmanship, or (b) not returned in compliance with the requirements set forth in this Section 8, the Warranty will be void, and you will be responsible for shipping costs.
EXCEPT FOR THE WARRANTY, THESIMPLE DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE AGREEMENT AND THE SYSTEMS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT THESIMPLE KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), OR (C) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESIMPLE WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE SYSTEM OR THESE TERMS, WHETHER OR NOT THESIMPLE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESIMPLE’S TOTAL LIABILITY IN CONNECTION WITH THE SYSTEM OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID RECEIVED BY THESIMPLE FOR A SYSTEM.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10. Amendments and Waivers
No modification, addition or deletion, or waiver of any rights under the Agreement will be binding on a party unless made in a non-preprinted agreement clearly understood by the parties to be a modification or waiver and signed by a duly authorized representative of each party. No failure or delay (in whole or in part) on the part of a party to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default.
Any notice or communication required or permitted to be given hereunder must be in writing, signed or authorized by the party giving notice, and may be delivered by hand, deposited with an overnight courier, sent by confirmed email, confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the receiving party as identified in the Agreement or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered.
12. Force Majeure
Except for payments due under the Agreement, neither party will be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of service by any service providers being used by theSimple to link its servers to the Internet, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.
These Terms will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. theSimple reserves the right to make changes to these Terms from time-to-time. The terms and conditions governing the purchase and use of a System will be the terms and conditions applicable on the date you submit your order via the Site.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.