TERMS AND CONDITIONS OF SIMPLYOAKUSA.COM
LAST UPDATED MARCH 4, 2020
INTRODUCTION.
The website SimplyOakUSA.com is owned by Simply Oak USA, LLC, a Florida corporation.
These Terms and Conditions disclose our policies for how you may use our website and any of our content and services. They outline your rights and obligations with regard to our website. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Your use of our website, and any information that you provide to us, is subject to these Terms and Conditions.
By accessing our website, you are using it, and you acknowledge that you have read these Terms and Conditions and consent to be bound by all of their terms, without modification. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, NAVIGATE AWAY FROM THIS WEBSITE.
DEFINITIONS.
“Website”= SimplyOakUSA.com and all content on SimplyOakUSA.com and all services offered on SimplyOakUSA.com.
“We,” “us,” and “our” = Simply Oak USA, LLC.
“User,” “you,” and “your” = website visitors, customers, and any other users of our website.
“Service” and “Services” = (but are not limited to) selling bespoke European white oak flooring.
“Content” = all intellectual property, proprietary information, trademarked and copyrighted material and all original works on our website and in our Services, including, but not limited to words, documents, program names, blog posts, data, information, design, website layout, artwork, graphics, color scheme, logos, proprietary information, branding, photographs, audio recordings and videos recordings.
“Personal Information” = information we may collect, use, request, or that you may pro-vide to us voluntarily, and which may be used to identify you. Personal Information may include, but is not limited to, your name, email address, phone number, billing address and credit card information.
YOUR USE OF OUR WEBSITE.
You must be 18 years of age or older to view this website. If you are not 18 and do not have the power to enter into this Agreement, you are an unauthorized user and in violation of this Agreement. By using our website, you affirm that you are 18 years of age or older.
If you are caught violating any of these Terms and Conditions, we reserve the right to immediately terminate your access to our website and Services and to prosecute you to the full extent of the law.
YOUR CONDUCT ON OUR WEBSITE.
A. Lawful Purposes Only.
You agree to use our website for lawful, legitimate, non-commercial purposes only. You agree not to post or transmit through our website any unsolicited advertising or solicitation, mass mailing, petitions for signatures, chain letters or any other form of “spam.”
B. As It Relates to Others.
You agree not to post or transmit through our website any material which infringes on the intellectual property rights of any person or entity and you agree to hold us harmless should you do so.
You agree not to post or transmit through our website any material which violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You agree not to post or transmit through our website any material which contains injurious formulas, recipes, or instructions, which encourages a criminal offense, gives rise to civil liability, or otherwise violates any law.
You agree not to post or transmit through our website any material which would constitute cyber bullying, stalking, abusing, sexually exploiting, violently exploiting or harassing any other users of our website. We have a zero tolerance policy and a violation of this term will result in your comments being immediately removed and we reserve the right to prosecute to the fullest extent of the law.
You acknowledge and agree that we have sole discretion as to whether your content is objectionable, and we have the right to remove it without explanations or legal consequences. You also acknowledge and agree that should your content give rise to further legal action, we reserve our right to pursue, and if a third party should choose to take legal action against you based on content you posted or transmitted on our website, you agree to hold us harmless and fully indemnify us for any actions or consequences that result. You agree that we are in no way liable to you for any defamatory or injurious conduct of any other user and agree to release us from any and all claims arising from such conduct.
C. As It Relates to Technology.
You agree not to post or transmit through our website any content which contains software viruses or other harmful computer software which interferes with or disrupts the operation of our website or any computer hardware or software. You acknowledge and agree that you are solely responsible for all electronic communications sent to us from your computer, phone, tablet or other device.
OUR MATERIALS.
A. Intellectual Property.
All of the content on SimplyOakUSA.com and included in our Services, unless clearly stated otherwise, is solely owned by Simply Oak USA, LLC and is protected by United States and international copyright, trademark and other intellectual property laws, which prohibits its unauthorized use.
You agree not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, or in any other way, exploit our content or any of our intellectual property, in whole or in part, whether manually or by electronic means, whether or not you have purchased such information, without the express written consent of Simply Oak USA, LLC.
We perform regular and routine searches for any infringing uses of our copyrighted material. If you wish to use our content for any purpose other than viewing it for your own personal use, we offer licenses starting at $5,000. If it is discovered that you are using our content other than in the ways expressly allowed by these Terms and Conditions, we will notify you and bill you accordingly. We also reserve the right, if such a violation is discovered, to immediately terminate your access to our website and our Services, without refund, and prosecute you to the fullest extent of the law.
When you view our website we grant you a limited, revocable, non-transferrable license for personal, non-commercial use only.
You acknowledge and agree that our website consist of original work which has been produced with care, creativity and a significant investment of time, effort and expense and needs to be protected from unauthorized use. You may not represent any of our content as your own and you acknowledge and agree that to do so constitutes theft and is a violation of our intellectual property rights. You acknowledge and agree not to use our content to gain profit, or attempt to gain profit, whether financially, or in any other way.
All of the copyrights on our website are solely owned by Simply Oak USA, LLC. Our logos, tag lines, names, icons and design elements are trademarks belonging to Simply Oak USA, LLC which help consumers identify us, and are protected by United States Intellectual Property law. You agree not to use them in any way that is likely to cause confusion among consumers, implies a connection between us, an endorsement by us, or that discredits our brand in any way.
All rights not expressly granted here or by express written consent are reserved by us.
B. Express Written Permission.
Requests for express written permission to use any of the content on our website or in our Services shall be made prior to such use, in accordance with these Terms and Conditions and can be addressed to info@SimplyOakUSA.com.
C. Our Free Materials.
If you choose to download information or a free resource from our website, you acknowledge and agree that this information or free resource is to be used for your personal non-commercial use only. You agree not to edit, distribute or copy this information or free resource in any way. You agree that if you share this information or free resource you will provide Simply Oak USA, LLC proper credit and you will not represent the material to be your own. You further agree that you will not attempt to profit financially or in any other way from this information or free resource.
YOUR MATERIALS.
A. Intellectual Property.
You may have the opportunity to upload, post, submit or otherwise transmit material (“Your Material”) to our website. By posting any of Your Material, you automatically warrant and guarantee that you are the owner of that material and its copyright, or that you have the express permission of the owner and copyright holder to post it on our website. The responsibility of determining whether you own Your Material and have permission to upload, post, submit or otherwise transmit the material is entirely yours. You acknowledge and agree that we are in no way liable for any material you may upload, post, submit or otherwise transmit to our website. You acknowledge and agree that you are solely liable for any damage or injury which results in any way from Your Material, including any damages from copyright, trademark or proprietary rights infringement. You agree to hold us harmless from and against all claims and liabilities arising from any potential or actual infringement and or violation claimed against you. By uploading, posting, submitting or otherwise transmitting Your Material, you automatically warrant and guarantee that you are not violating any laws, rules, regulations or rights of third parties.
B. Security of Your Materials.
If you upload, post, submit or otherwise transmit Your Material via our website, you acknowledge and agree that third parties may see and have access to that content. We do not make any warranties or guarantees regarding the security of any content that you upload, post, submit or otherwise transmit to our website.
C. Our License to Your Materials.
When you upload, post, submit or otherwise transmit Your Material to our website, you grant us an irrevocable worldwide, royalty free, non-exclusive license to the content, in perpetuity, without any credit or compensation to you. This license grants us the right to use Your Materials for any purpose, including, to modify, change, transmit, publish, perform, sub-license, reproduce, broadcast, post, sell, create derivative works of or distribute, for promotional, business development and marketing purposes, in whole or in part, in any way now known or developed in the future. You also grant us proprietary rights and intellectual property rights to Your Material without any additional permission needed from you or compensation to you by us. You also grant us the right to use Your Material and to identify you, or not identify you, as the author/uploader of Your Material by using your name, email address, photograph or screen name or any other reasonable manner of identification.
THIRD PARTY RESOURCES.
SimplyOakUSA.com may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the functionality, accuracy, content and policies of these third party websites or resources. A link on our website to a third party website or resource does not imply any endorsement by, affiliation with, or approval of that third party website and its resources.
These third party websites and resources may have their own Terms and Conditions and Privacy Policies and you acknowledge and agree that it is your sole responsibility to review those Terms and Conditions and Privacy Policies. We make no guarantees or warranties regarding the functionality, legality or accuracy of any content on third party website or resources. We accept no responsibility for any loss, damage or injury that may result from your use of them. You acknowledge and agree that you are solely responsible for, and assume all risk arising from, your use of any third party websites or resources.
PRODUCTS AND SPECIFICATIONS.
All features, content, specifications, products and Services described or depicted on SimplyOakUSA.com are subject to change at any time without notice.
Simply Oak USA, LLC makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors, however, the actual color you see will depend on your computer system, and there is no guarantee, whether express or implies, that any computer will accurately display such colors.
Color variations in wood flooring are a natural occurrence due to species, age, character of flooring and exposure to UV light or sunlight. Therefore, new and or replacement flooring may not match existing flooring or display samples. Normal exposure to sunlight will bring out changes in color and shading in any wood product. This is not considered a product defect. Simply Oak USA, LLC specifically disclaims liability for variations in color.
As a courtesy, Simply Oak USA, LLC provides information to its customers concerning the installation of products, however such information is not comprehensive or exhaustive and is not intended to replace the expertise of a professional installer. Installation guidelines posted on SimplyOakUSA.com are based on industry guidelines set by the National Wood Flooring Association and Simply Oak USA, LLC expressly disclaims any responsibility for the content. Technical data specifications posted on SimplyOakUSA.com including, but not limited to, information on humidity and temperature, are based on industry guidelines set by the National Wood Flooring Association and Simply Oak USA, LLC expressly disclaims any responsibility for the content. Technical data sheets posted on SimplyOakUSA.com are provided directly by third party independent companies as listed, namely, Bostik, Sika, and Mapei, and Simply Oak USA, LLC expressly disclaims any responsibility for the content. Simply Oak USA, LLC disclaims any liability arising from or relating to the information provided herein including, but not limited to, improper installation, site conditions, inappropriate installation location or improper care and maintenance of the flooring.
COMMERCE.
You acknowledge and agree that by making a purchase from Simply Oak USA LLC, you are subject to these Terms and Conditions, including our refund policy.
A. Payments.
A Fifty percent (50%) non-refundable payment is due when the products are ordered. The remaining fifty percent (50%) balance is due prior to the products leaving the Mill in Holland. The balance must be paid in full prior to the purchased products leaving the Mill in Holland. In the event of a failure to make payment according to this schedule, the purchased products will not ship and customer will forfeit all monies paid and all rights to the materials.
B. Refunds.
As all Simply Oak USA LLC products are custom, no refunds are available.
C. Shipping.
Shipping includes ocean freight/air freight, customs, and all associated fees to the US warehouse in Miami, Florida. All fees from Miami to delivery location are to be paid by customer. Invoice includes 14 days of storage at the warehouse in Miami. Any storage needs beyond 14 days will be billed to customer accordingly.
D. Insurance.
Simply Oak USA LLC provides insurance for the value of the goods purchased for the period between the departure from the Mill in Holland to the arrival at the warehouse in Miami, Florida. Once products leave the warehouse in Miami, en route to the delivery address, a different insurance carrier will insure, and fees for this are included in the domestic freight cost on customer invoice.
E. Damages.
Customer is solely responsible to inspect the purchased products at time of delivery. If any defect or damage is suspected, customer should not sign acceptance of delivery and should contact Simply Oak USA LLC immediately by phone at 386-334-8764. Once customer signs the acceptance of delivery, no refunds or changes will be processed.
F. Separate Invoice.
Prior to completing a purchase from Simply Oak USA LLC, customer will be presented with and asked to sign an Invoice with the specific details of the purchase. In the event of any conflict between these Terms and Conditions and the Invoice, the Invoice shall prevail.
DISCLAIMERS.
A. General Disclaimer.
The information and materials on SimplyOakUSA.com is provided for your review in accordance with the notices, terms and conditions set forth here. These materials do not necessarily reflect the opinion of Simply Oak USA, LLC or any of its affiliates or agents. These materials are not guaranteed to be complete, correct or up-to-date. You may not act or rely on any information or materials on SimplyOakUSA.com. Do not make any financial or investment decisions based on any information or materials on SimplyOakUSA.com. You are solely responsible and expressly advised to conduct an independent review to verify the accuracy of any and all such information and materials prior to acting, relying or making any investment decisions in connection with such information and materials. The information and materials on SimplyOakUSA.com may be changed at any time with no notice.
B. Technology Disclaimer.
SimplyOakUSA.com strives to ensure that the availability and delivery of its website and its content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, to allow for repairs, maintenance, updates or other functions. By using our website, you acknowledge and agree that we make no guarantees or warranties regarding our website and its condition, including its functionality, the existence of viruses, uninterrupted use and availability. To the fullest extent permitted by law, you acknowledge and agree that we are not liable to you for damages, refunds, or any other remedy, should our website or its content become unavailable, slow or incomplete for any reason. You agree that in the event of an interruption of the access to our website, we do not owe you any refunds or reimbursement. You acknowledge and agree that we may, at any time, in our sole discretion, discontinue our website, its content, and our Services, without any notice, and such items may no longer be available. You acknowledge and agree that we are in no way obligated to continue operating our website and that we are not liable to you in any way for a decision to cease its operation.
C. Errors and Omissions Disclaimer.
We strive to include the most up-to-date and accurate information on our website. You acknowledge and agree that information contained on our website, its content and in our Services may inadvertently include inaccuracies, errors or omissions and we expressly exclude any and all liabilities for these inaccuracies, errors or omissions.
D. Warranties Disclaimer.
WE MAKE NO WARRANTIES REGARDING OUR WEBSITE OR ITS CONTENT. YOU ACKNOWLEDGE AND AGREE THAT OUR WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK.
You agree that you are using your own judgment in using our website, its content and our Services, and you acknowledge and agree that you are doing so at your own risk.
LIMITATION OF LIABILITY.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OUR COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF ANY OF THEM BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF, WHETHER DIRECTLY OR INDIRECTLY, YOUR USE OF OUR WEBSITE, ITS CONTENT, OUR SERVICES OR YOUR UPLOADED MATERIAL, AND WE EXPRESSLY EXCLUDE SUCH LIABILITY TO THE FULLEST EXTENT OF THE LAW. YOU AGREE THAT WE ARE NOT TO BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM THE USE OF OUR WEBSITE, ITS CONTENT OR OUR SERVICES, INCLUDING ANY INJURIES SUSTAINED OR MEDICAL AILMENTS THAT RESULT.
ADDITIONALLY, SIMPLY OAK USA, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE IN THE WEBSITE’S TECHNICAL OPERATION; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, LOSS OF TIME OR LOSS OF DATA AND ANY OTHER LOSS OR DAMAGE OF ANY KIND; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SIMPLY OAK USA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.
IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SIMPLY OAK USA, LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU, IN NO EVENT SHALL SIMPLY OAK USA, LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
INDEMNIFICATION.
You agree at all times to indemnify, defend and hold harmless Simply Oak USA, LLC as well as our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees or any other party associated with us, from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees and expenses, arising out of or related to our website, its content and our Services, or any breach by you of any obligation, warranty, representation or covenant in these Terms and Conditions or in any other agreement with us. You acknowledge and agree that you will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You agree to cooper-ate fully and reasonably as required by us, in the defense of any claim. Notwithstanding the foregoing, we retain the right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against us. You agree not to settle any third party claim or waive any defense without our prior written consent.
TERMINATION.
You acknowledge and agree that we have the right, at any time, in our sole discretion to refuse or terminate your access to our website, for any reason, without notice or requirement for explanation for such refusal. If your access is terminated, our decision is not open to appeal or any legal action.
GOVERNANCE.
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any legal proceeding based on or arising out of this Agreement shall be Dade County, Florida.
DISPUTE RESOLUTION, LITIGATION EXPENSES.
Should any dispute arise, it would be preferable to work it out amicably between us, but if that is not possible, then you agree that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Dade County, Florida. You agree to participate in the arbitration process in good faith, and further agree that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. You agree that any Arbitration must be commenced within one year of the date of the grievance, or forfeited forever.
You acknowledge and agree that the only remedy that can be awarded to you through Arbitration is a refund of your payment made to us. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO YOU.
If any legal proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the prevailing party or par-ties shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action or proceeding, in addition to any other relief to which they are enti-tled.
ENTIRE AGREEMENT, WAIVER.
These Terms and Conditions, along with the Privacy Policy posted on SimplyOakUSA.com constitute the entire agreement between you and Simply Oak USA, LLC regarding our website and Services, and supersede all prior and contemporaneous agreements, representations, and understandings between us, with the exception of any separate agreements, including the Invoice entered into by you via your decision to purchase products from us. You acknowledge and agree that no waiver of any of the provisions of these Terms and Conditions by us, shall be deemed, or shall constitute, a waiver of any other provision of these Terms and Conditions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver of any of the terms of these Terms and Conditions shall be binding unless expressly executed in writing by us and signed by an authorized officer of our company.
NOTICES.
All notices, requests, demands, and other communications regarding these Terms and Conditions shall be in writing, sent via the US mail, addressed as follows:
Simply Oak USA, LLC
835 Lenox Avenue #314
Miami Beach, Florida 33139
SEVERABILITY.
If any term, provision, covenant, or condition of these Terms and Conditions is construed to be invalid, void, or unenforceable under applicable law, the other provisions of these Terms and Conditions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT.
These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. You acknowledge and agree that any transfer, assignment, delegation, or sublicense by you is invalid.
CHANGES TO THESE TERMS AND CONDITIONS.
We reserve the right, at our sole discretion to change, modify or otherwise alter these Terms and Conditions at any time and you acknowledge and agree that the burden is solely yours to routinely check these Terms and Conditions for updates. Such changes will be in effect immediately after being posted on this page. You acknowledge and agree that your continued use of this website after we post any modifications to these Terms and Conditions will establish your acknowledgment of the modifications and your consent to them, whether or not you have read them. We will notify you of any changes by posting them on this page. Please review these Terms and Conditions periodically to keep informed of their terms.
If you have any questions regarding these Terms and Conditions, please contact us at info@SimplyOakUSA.com.