Terms of Service

Terms of Service

Overview

This website is operated by Sophia Rivera. Throughout the site, “we,” “us,” and “our” refer to Sophia Rivera. Sophia Rivera offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.

Any features or tools added to the current store are subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that enables us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are at least the age of majority in your state or province of residence and you have consented to allow any of your minor dependents to use this website.

You may not use our products for any illegal or unauthorized purpose or use the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms, viruses, or any other code of a destructive nature. Violation or breach of any of these terms will result in immediate termination of your service.

Section 2 - General Terms

We reserve the right to refuse service to anyone at any time for any reason. You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor our Site for changes.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Products or Services (if applicable)

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to ensure that the colors and images of merchandise in this store are as accurate as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services offered. All product descriptions and pricing are subject to change without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number you provided when you made the order. We reserve the right to limit or prohibit orders that we believe appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card number and expiration date, so that we can complete your transactions and contact you as needed.

For more details, please review our Return Policy: https://www.simplemodern.com/pages/warranty

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without liability of any kind. We shall not be liable for any liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the Site is entirely at your own risk and you should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third-party provider. We may also offer new services and/or features through the Site in the future (including, by releasing new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products, and services available through our Services may include materials from third parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not responsible for any damages or losses arising from the purchase or use of goods, services, resources, content, or any other transactions made on or through any third-party websites. Please review carefully the third-party's policies and practices and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback, and Other Submissions

If, at our request, you submit certain specific submissions (for example, contest entries) or without a request from us, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We will not and do not undertake any obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party. Section 10 - Personal Information Your submission of personal information through the Store is subject to our Privacy Policy. Our Privacy Policy is available here: https://www.simplemodern.com/pages/privacy-policy

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change, update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, unless otherwise required by law. No specified update or refresh date specified in the Service or on any related website does not mean that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any illegal acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) for spamming, phishing, phishing, pretexting, spidering, scraping, or crawling; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer; Limitation of Liability

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel it at any time, without notice.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Sophia Rivera, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Simple Modern Messaging Terms and Conditions

Simple Modern Messaging Terms and Conditions:

You consent to receiving periodic automated promotional and personalized marketing text messages (such as shopping cart reminders) from Sophia Rivera, including text messages that may be sent via an automatic telephone dialing system to the mobile phone number you provided during registration or any other number you designate. Consenting to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply. Text the keyword "STOP" to unsubscribe.

The frequency of messages will vary. Sophia Rivera reserves the right to adjust the frequency of messages at any time, to increase or decrease the total number of messages sent. Sophia Rivera also reserves the right to change the short codes or phone numbers from which messages are sent, and we will notify you of any such changes.

Not all mobile devices or phones are supported, and our messages may not be delivered in all areas. Sophia Rivera, its service providers, and the mobile carriers supported by the Program are not responsible for delayed or undelivered messages.

You also agree to Sophia Rivera's Terms of Use and Sophia Rivera's Privacy Policy. We may send messages to the following mobile phone carriers: Major carriers.Doing Business: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, US Cellular, Alltel, Boost Mobile, Nextel and Virgin Mobile. Minor carriers: Alaska Communication System (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, East Central Illinois Cellular One (ECIT), Northeastern Pennsylvania Cellular One, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC) or 5 Star Wireless).

Unsubscribe

Text "STOP," "CANCEL," or "UNSUBSCRIBE" to our phone number to unsubscribe. After texting "STOP," "CANCEL," or "UNSUBSCRIBE" to our number, you will receive an additional message confirming that your request has been processed. You acknowledge that our text messaging platform may not recognize and respond to unsubscribe requests that do not include the keywords "STOP," "CANCEL," or "UNSUBSCRIBE," and agree that Simple Modern and its service providers are not responsible for any failure to honor such requests. If you unsubscribe from one of our text messaging programs, you may continue to receive text messages from Simple Modern through any other programs you may have enrolled in until you unsubscribe from those programs individually.

Help

Text the keyword "HELP" to our number to return customer service contact information.

Customer Service

If you encounter any issues, please visit https://www.SophiaRivera.shop/pages/contact-us and submit the form with the details of your question or support request, or send an email to Support@SophiaRivera.shop.

Contact

This messaging program is a service of Sophia Rivera, located at 1006 S 9th St, Philadelphia, PA 19147.

Dispute Resolution

General

To resolve disputes between you and Sophia Rivera in the quickest and most cost-effective manner, you and Sophia Rivera agree that any dispute arising out of or relating to these Text Message Terms and Conditions (“Text Message Terms”) or your receipt of text messages from Sophia Rivera or its service providers shall be resolved through binding arbitration. Arbitration is a less formal process than a lawsuit in court. Because arbitration uses a neutral arbitrator rather than a judge or jury, discovery may be more limited than in court, and court review is also very limited. Arbitrators can award the same damages and relief as a court. This Arbitration Agreement covers all claims arising out of or relating to these Text Messaging Terms or your receipt of text messages from Sophia Rivera or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when the claim arose. You understand and agree that, by agreeing to these Text Messaging Terms, you and Sophia Rivera are each waiving the right to a jury trial or to participate in a class action, and that these Text Messaging Terms shall be subject to and governed by the Federal Arbitration Act.

Exceptions

Notwithstanding the provisions of the "General" subsection above, nothing in these Text Messaging Terms will be deemed to waive, preclude, or otherwise limit your or Sophia Rivera's right to: (i) bring an individual action in small claims court; (ii) pursue enforcement action, if available, through applicable federal, state, or local agencies; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) litigate in court to resolve intellectual property infringement claims.

Arbitrator

Any arbitration between you and Sophia Rivera will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and filing forms are available at www.SophiaRivera.shop, by calling the AAA at +1 215-922-5557, or by contacting Sophia Rivera. The arbitrator shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process

If you or Sophia Rivera intend to pursue arbitration, the party seeking arbitration must first send a written Notice of Dispute ("Notice") to the other party by U.S. Mail. Sophia Rivera's address for Notice is: 1006 S 9th St, Philadelphia, PA 19147, Attention: CEO. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Sophia Rivera will use good faith efforts to resolve the Claim directly, but if you and Sophia Rivera do not reach an agreement within 30 days of receipt of the Notice, you or Sophia Rivera may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Sophia Rivera may not be disclosed to the arbitrator until after the arbitrator has made his or her final decision and award, if any.

Fees

If you commence arbitration under these Messaging Terms, Sophia Rivera will refund the filing fee you paid, unless your claim is for more than $15,000 or as described below, in which case the payment of any fees will be determined by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) through an in-person hearing as provided for in the AAA Rules. If the arbitrator finds that the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of all fees will be governed by the AAA Rules. In such event, you agree to reimburse Sophia Rivera for all amounts previously paid by Sophia Rivera that you are obligated to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision fully explaining the essential findings and conclusions on which the decision and award, if any, are based. You and Sophia Rivera agree that such written decision and information exchanged during the arbitration will be confidential, except as necessary to enforce or permit limited judicial review of the award. The arbitrator may rule on and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the arbitration proceeding and upon request by either you or Sophia Rivera within 14 days of the arbitrator's decision on the merits.

No Class Actions

You and Sophia Rivera agree that each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Furthermore, unless both you and Sophia Rivera agree otherwise in a writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Modification of This Arbitration Provision

Notwithstanding anything to the contrary in these Messaging Terms, if Sophia Rivera makes any future change to this arbitration provision (other than a change to Sophia Rivera's Notice address), you may reject such change by sending us written notice within 30 days of the change in Sophia Rivera's Notice address, in which case this arbitration provision (in effect immediately prior to your rejection of the change) will continue to govern any disputes between you and Sophia Rivera.

Enforceability

If the arbitrator determines that applicable law prohibits enforcement of any of the limitations on a particular claim for relief in the subsection titled "Modification of this Arbitration Provision" above (for class, representative, and consolidated actions), then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is held unenforceable, the applicable provision shall be deemed deleted, and the remainder of these Messaging Terms shall remain in full force and effect.

Privacy

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

Section 15 - Indemnification

You agree to indemnify, defend, and hold harmless Sophia Rivera and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 16 - Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 17 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement. These Terms of Service remain in effect unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing use of our website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to the date of termination; and/or we may deny you access to our Services (or any part thereof).

Section 18 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service). Any ambiguities in the interpretation of these Terms of Service will not be construed against the drafting party.

Section 19 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 750 SW 24th St., Moore, OK 73160.

Section 20 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. You are responsible for checking our website periodically for changes.

Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 21 - Contact Information

Questions regarding the Terms of Service should be directed to Support@SophiaRivera.shop.