Terms of Service

Terms of Service

OVERVIEW

This website is operated by Simply Noted. Throughout the site, the terms “we,” “us,” and “our” refer to Simply Noted. By visiting or purchasing from SimplyNoted.com (the "Site"), you agree to comply with and be bound by these Terms of Service (“Terms”), including those additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users, including but not limited to browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms carefully before accessing or using our Site. By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using the Site.

Any new features added to the current services will also be governed by these Terms. We reserve the right to modify or update these Terms at any time by posting the revised version on this page. You are responsible for reviewing these Terms regularly. Continued use of the Site after updates constitutes your acceptance of the revised Terms.

Our store is hosted by Shopify Inc., which provides the e-commerce platform enabling us to offer our products and services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are of legal age in your state or province of residence, or that you are the age of majority and have consented to allow any minors under your care to use this Site.

You may not use our products for any illegal or unauthorized purpose, and you agree to comply with all applicable laws and regulations, including copyright laws, in your jurisdiction. Transmission of any harmful code, including viruses or worms, is prohibited.

Violations of these Terms may result in the immediate termination of your services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks, or changes required to conform to technical requirements of connected networks or devices. Credit card information is always encrypted during transmission.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service or access to the service without our express written permission.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible for any inaccuracies, omissions, or errors in the content on this site. The materials on this site are for general informational purposes only and should not be relied upon as the sole basis for decision-making. You are responsible for consulting more reliable, accurate sources before making any decisions.

We may update or change the content of this site, but we are not obligated to do so. It is your responsibility to monitor any updates.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services may change without notice.

We reserve the right to modify or discontinue the service (or any part thereof) at any time without prior notice. We are not liable for any damages arising from such modifications or discontinuation.

SECTION 5 - PRODUCTS OR SERVICES

Some products or services may be available exclusively online through our website. These may have limited quantities and are subject to our Return Policy.

We aim to accurately display the colors and images of our products. However, we cannot guarantee that your monitor’s display of colors will be accurate.

We reserve the right to limit the sales of products or services to any person or jurisdiction, on a case-by-case basis. We also reserve the right to discontinue any product at any time without notice.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse or cancel any order, including orders that appear to be placed by dealers, resellers, or distributors. If we make a change or cancel an order, we will attempt to notify you through the email or contact information provided.

You agree to provide accurate and complete account and purchase information, and to promptly update your details, including your payment information, to ensure the completion of your transactions.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control. You acknowledge that we provide access to these tools “as is” and without warranties. We shall not be liable for any damages arising from the use of such tools.

Any use of optional tools is at your own risk and discretion. It is your responsibility to understand the terms provided by the third-party providers.

SECTION 8 - THIRD-PARTY LINKS

Our service may contain links to third-party sites. We are not responsible for the content or accuracy of any third-party materials or websites. We are not liable for any harm or damages caused by transactions or interactions with third-party websites. Please review third-party policies before engaging in any transactions.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

By submitting comments or other materials to us (whether requested or unsolicited), you grant Simply Noted the right to edit, copy, publish, distribute, and otherwise use such materials, in any medium, without restriction.

We are not obligated to maintain any comments in confidence, compensate you for your comments, or respond to them.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

There may be typographical errors or inaccuracies on our Site relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct these errors and update information or cancel orders as needed. We are not obligated to update content unless required by law.

SECTION 12 - PROHIBITED USES

You are prohibited from using the Site for unlawful purposes or violating the rights of others, including but not limited to infringing upon intellectual property rights, transmitting harmful code, or engaging in discriminatory actions. Violations may result in termination of access to our services.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our service is provided “as is” and “as available.” We do not warrant that your use of the service will be uninterrupted or error-free. In no case shall Simply Noted be liable for any damages arising from your use of our service, including any indirect, incidental, or consequential damages.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless Simply Noted and its affiliates, officers, agents, and employees from any claims or demands arising from your breach of these Terms or violations of the rights of any third party.

SECTION 15 - SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in effect. The unenforceable provision will be modified to reflect the original intent to the maximum extent possible.

SECTION 16 - TERMINATION

These Terms will remain in effect until terminated. You may terminate them by ceasing to use our services. We may terminate access if we believe you have violated these Terms.

SECTION 17 - ENTIRE AGREEMENT

These Terms represent the entire agreement between you and Simply Noted and supersede all prior agreements. Any failure to enforce a provision does not constitute a waiver of that provision.

SECTION 18 - GOVERNING LAW

These Terms are governed by the laws of Phoenix, Arizona, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or modify these Terms at any time. Please check this page regularly for changes. Your continued use of our services constitutes acceptance of those changes.

SECTION 20 - ORDER ACCURACY

You are responsible for providing accurate order information. We print and ship orders based on the details you provide. Any inaccuracies in this information are your responsibility.

SECTION 21 - CHANGES TO ORDERS

Orders are final once placed. Any changes must be submitted within 24 hours of order placement. This applies to all orders, including automated orders and orders with delayed shipping dates. Once an order is started in production we can not stop it.

SECTION 22 - PREPAID PACKAGE VALIDITY AND TERM

Prepaid packages are valid for 1 year from purchase. After this period, any remaining balance will be forfeited. It is your responsibility to track and use your balance within the stipulated time frame. See https://simplynoted.com/policies/refund-policy for more information.

SECTION 23 - REQUEST A SAMPLE KIT

When you request a free sample kit, we use the contact information you provide to fulfill and follow up on that request, including by email. If you provide a mobile number, we may send you Customer Care text messages about your request only, such as a confirmation, a shipping update, or a reply to a question you asked. These are operational messages, not marketing, and you can stop them at any time by replying STOP; we will then follow up by email or phone instead.

Requesting a sample kit or providing your phone number does not enroll you in marketing text messages. We send marketing texts only if you separately opt in by checking the optional marketing consent box on our website or landing pages. That box is unchecked by default, is not required to submit the form, and leaving it unchecked does not affect your sample kit request. Full details of both text messaging programs, including message frequency, rates, and opt-out instructions, are in Section 25.

SECTION 24 - CONTACT INFORMATION

For any questions or concerns about these Terms of Service, please contact us at support@simplynoted.com.

SECTION 25 - TEXT MESSAGING (SMS) PROGRAMS

Simply Noted operates two separate text messaging programs. Each has its own consent. Consent to either program is not a condition of purchasing any product or service or of receiving a sample kit.

A. Simply Noted Customer Care (operational messages). These are non-marketing messages about a request you made or an account you hold with us, such as: confirmation and shipping updates for a sample kit you requested; scheduling confirmations and reminders for a consultation or demo you booked; replies to questions you send us; and order, billing, or account support. You opt in by providing your mobile number in connection with such a request (for example, on a sample kit or consultation form, at checkout, or by texting us first). We send Customer Care messages only about the request or account for which you provided the number, and they never contain promotional offers. If you would rather not receive texts about your request, reply STOP to any message or tell us when you make the request, and we will contact you by email or phone instead.

B. Simply Noted Offers (marketing messages). These are promotional messages about Simply Noted's handwritten-note services, such as special offers, discounts, new products, and event invitations. You opt in only by giving separate, express consent, for example by checking the clearly labeled, optional marketing consent box on one of our forms (which is unchecked by default) or by texting a marketing keyword that we advertise. Requesting a sample kit, booking a consultation, placing an order, creating an account, or providing your phone number does not opt you in to Simply Noted Offers, and you can decline marketing texts and still receive whatever you requested.

Terms that apply to both programs

Message frequency varies.
Message and data rates may apply for messages we send to you and messages you send to us. Contact your wireless provider with questions about your text or data plan.
Opting out: Reply STOP to any message at any time. We will send one message confirming your opt-out, and you will not receive further text messages from us unless you opt in again. If you want to keep receiving one type of message but not the other, contact support@simplynoted.com and we will update your preferences.
Help: Reply HELP to any message, email support@simplynoted.com, or call (805) 380-5750.
Carriers are not liable for delayed or undelivered messages.
You represent that you are the account holder for, or have the account holder's permission to use, any mobile number you provide, and you agree to notify us if that number changes.
Privacy: We do not share mobile phone numbers or text messaging opt-in data with third parties or affiliates for their marketing or promotional purposes. See our Privacy Policy (https://simplynoted.com/policies/privacy-policy) for details.

Help: If you are experiencing issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to support@simplynoted.com.

Carriers: Carriers are not liable for delayed or undelivered messages.

Message and data rates: Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Privacy: If you have any questions regarding privacy, please read our Privacy Policy.