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Terms of Use
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ATTENTION! THE TERMS AND CONDITIONS (THE "TERMS AND CONDITIONS") GOVERN THE USE OF THE INTIMATE SYNERGY WEB SITE (THE "WEB
SITE") BY YOU (COLLECTIVELY REFERRED TO AS "YOU"). BY ACCESSING, SURFING, USING, AND OR PURCHASING PRODUCT FROM THE WEB SITE,
YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. SIMPLE SYNERGY LLC DBA INTIMATE
SYNERGY (THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE
OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE REVIEW THESE
TERMS AND CONDITIONS REGULARLY.
- AGE VERIFICATION.
You concur and agree that You the user are at least 18 years of age, or the legal age
as determined by your local jurisdiction, and have the legal right to possess adult oriented materials. You understand that
you may come in contact will explicit visual images, audio sounds of a mature nature, nudity of a sexual orientation, and
sexually descriptive terms, phrases, writings, and text. You affirm that you are at least 18 years of age, or the legal age as
determined by your local jurisdiction and are not offended by explicit mature adult material.
- ACCEPTANCE OF LAWS: CITY/COUNTY/STATE.
You acknowledge and agree that your local government, which
includes but is not limited to, city, county, and state allows You the user to review, observe, possess, order, and or
purchase materials of an explicit sexual nature. You further acknowledge and testify that products and services received by
You from the Company have been ordered by You the user on your own free will, and in no way have you been forced to order
or observe such material.
Furthermore, You understand and agree that the Company will in no way be responsible for services or products received by
You in the case such services and products are illegal for You to posses or obtain in your local community. You except full
responsibility in assuring no laws within your community, legal jurisdiction, and state prevent the possession, shipment, or
purchase of products from the Company or any of it's suppliers.
- ACCURACY OF USER INFORMATION.
You agree that you have provided true and accurate information to
the Company and that in no way have You falsified any information to create damage, fraud, or distress to the Company, our suppliers, affiliates, manufactures, customers, employees, staff, members, and management. You
attest and swear that the information You have provided is to Your knowledge true and accurate. You agree and acknowledge that
the information used on Your ordering form for services and or products is accurate and true, and that the Credit Card
information used by You is the same and accurate information that your financial institution has on record.
- PROTECTION OF UNWILLING ADULTS & MINORS.
You commit and except full responsibility in providing an
insulated environment to PREVENT unwilling adults and minors from viewing or intercepting products received by You from
the Company. You understand and agree that the Company will not be held responsible for any
damages to You or Others due to your negligence in fulfilling this obligation.
- RESERVATION OF RIGHTS.
The Company reserves the right to cooperate with appropriate legal authorities
in investigations of claims of illegal activity involving the Company's Services or Products, Customers and other Users. The
Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance
with any applicable contractual obligations.
- PERMITTED USE.
You have a nonexclusive, nontransferable, limited, revocable right to use the Web site
solely for your informational use in evaluating the Company and its products and services. You may not use the Web site for
any other purpose without the Company's express prior written consent, including, without limitation, any commercial
purpose. For example, You may not and may not authorize any other person or entity ("Person") to (i) frame the Web site or any
portion thereof (whereby the Web site or a portion thereof will appear on a user's screen with a portion of another Web site,
or with content or advertising of any Person without the Company's consent), or (ii) Co-brand the Web site or any portion
thereof. "Co-branding" means the display of a name, logo, trademark, or other means of attribution or identification of any
Person in such a manner reasonably likely to give a user of the Web site the impression that such the Person is associated or
affiliated with the Company, or has the right to display, publish, transmit or distribute the Web site or content accessible
within the Web site. In addition, You may not and may not authorize any Person to link to any part of the Web site without the
Company's prior written consent. You agree to cooperate with the Company in causing any unauthorized framing, Co-branding, and
linking or similar activity to immediately cease. You may not take any action that violates our Terms of Use Policy.
- PROPRIETARY INFORMATION.
You acknowledge and agree that as between the Company and You, the Company is
the owner of all right, title and interest in the Web site and all content accessible within the Web site (the "Content"),
including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual
property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or
otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Web
site or the Content, without the express written consent of the Company, other than limited printed copies of materials that
you may need for Your own use and that contains all of the Company's copyright and other notices.
- DISCLAIMER.
You will have access to a variety of third-party sources of content and products through
the use of the Web site and the Internet. The Company has made no effort to verify the accuracy, suitability, or reliability
of any information or products contained in any such sources, including, without limitation, any products or services of third
party manufactures, distributors, and suppliers. Accordingly, the Company has no liability or responsibility whatsoever for
any content provided by any other Person contained on or obtained through the Web site. You acknowledge and agree that any
access, use or reliance on any such third party content, products, or services is at Your own risk. You understand that,
except for information, products or services clearly identified as being supplied by the Company, the Company does not
operate, control or endorse any information, products or services of any other Person on the Web site or the Internet in any
way. You also understand and agree that the Company does not guarantee or warrant that files available for downloading from
the Web site or through the Internet will be free of infection or viruses, worms, Trojan horses or other malicious code that
may adversely effect You, Your computer or computer systems, or Your data or files. In addition, You are responsible for
implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Web site for the reconstruction of any lost data. ACCESS TO AND YOUR USE
OF THE WEB SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." THE COMPANY MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE
CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS
THE SAME.
- PRIVACY POLICY.
The Company collects, stores and uses data collected from You in accordance with the
Company's Privacy Policy.
- LIMITATION OF LIABILITY.
THE COMPANY, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, MEMBERS,
MANAGERS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES,
EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE
COMPANY AND ITS SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, MEMBERS, MANAGERS, AND SUPPLIERS TO YOU OR ANY OTHER PERSON
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN
THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
- INDEMNITY.
You will indemnify and hold the Company, content providers, service providers, employees,
suppliers, members, and managers (the "Indemnified Parties") harmless from Your breach of any of these Terms And Conditions or
any other terms, conditions, policies or procedures contained on the Web site, including, without limitation, any use of
Content other than as expressly authorized in these Terms and Conditions. You agree that the Indemnified Parties will have no
liability in connection with any such breach or unauthorized use, and You agree to indemnify and hold harmless the Indemnified
Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection
therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third
parties arising out of Your use of the information accessed from the Web site.
- TRADEMARKS.
Intimate Synergy is a trademark, and the Intimate Synergy logo and other Intimate
Synergy
marks appearing on the Web site are either registered or unregistered trademarks of Simple Synergy LLC DBA Intimate
Synergy. Other trademarks, service marks and logos appearing in this Web site are the property of either the Company, its
content providers or other third parties. The Company, its content providers and such third parties retain all rights with
respect to any of their respective trademarks, service marks or logos.
- MISCELLANEOUS.
- Headings.
The headings of sections of these Terms and Conditions are for ease of reference only
and shall not be admissible in any action to alter, modify or interpret the contents of any section hereof.
- Governing Law and Jurisdiction.
The validity and effect of these Terms and Conditions shall be
governed by and construed and enforced in accordance with the laws of the State of Idaho, without regard to its conflicts of
laws principles. The parties expressly disclaim application of the United Nations Convention on Contracts for the
International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING CONCERNING THE WEB SITE, ITS USE, THESE TERMS AND CONDITIONS, OR
CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE Web site, MUST BE BROUGHT IN A STATE OR FEDERAL
COURT LOCATED IN ADA COUNTY, IDAHO, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND OF THE
APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH
SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT
HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
- Entire Agreement; Amendments.
These Terms and Conditions, together with the Privacy Policy,
supersede any prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof,
and these Terms and Conditions, together with the Privacy Policy, constitute the sole and entire agreement between the parties
with respect to the matters covered hereby.
- Severability.
The provisions of these Terms and Conditions may be exercised and are applicable
and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent
necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or
portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof,
and all such remaining provisions or portions thereof shall remain in full force and effect.
- Waiver.
No failure or delay on the part of the Company to exercise any right or remedy
hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by the Company
preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by
the Company to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any
succeeding breach of or default in the same or any other term or condition hereof.
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