Last Modified: January 14, 2022
Terms of Service
Simply Karen Creative Inc. and AlexTheAlbatross.com
By signing up for AlexTheAlbatross.com services (“Service”) or any of the services of Simply Karen Creative Inc. Inc. (“Simply Karen”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new courses, programs, or communities which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service here at any time. Simply Karen reserves the right to update and change the Terms of Service by posting updates and changes to the AlexTheAlbatross.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using AlexTheAlbatross.com or any Simply Karen services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed to complete the signup process.
- You acknowledge that Simply Karen will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Simply Karen cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as videos, files, data, graphics, photos, and links that is uploaded under your Simply Karen account (“Student Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Simply Karen will result in an immediate termination of your services.
Which means Don’t use Simply Karen/AlexTheAlbatross.com for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2. Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Which means The person signing up for the Simply Karen Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
4. General Conditions
- You may not use the Simply Karen/AlexTheAlbatross.com service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
- 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 without the express written permission by Simply Karen.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Simply Karen or AlexTheAlbatross.com trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Course 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 transfer over networks.
Which means The Simply Karen/AlexTheAlbatross.com service belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4. Simply Karen Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Course Content and Accounts containing 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.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Simply Karen customer, Simply Karen employee, member, or officer will result in immediate account termination.
Which means We can modify, cancel, or refuse the service at anytime.
5. Limitation of Liability
- You expressly understand and agree that Simply Karen shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Simply Karen or our suppliers be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our services, or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Simply Karen partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Simply Karen does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Simply Karen does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Simply Karen does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- In no event will Simply Karen’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Simply Karen/AlexTheAlbatross.com Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
Which means We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
The total amount of our potential liability is limited to one month of your fees paid to us.
6. Waiver and Complete Agreement
The failure of Simply Karen to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Simply Karen and govern your use of the Service, superseding any prior agreements between you and Simply Karen (including, but not limited to, any prior versions of the Terms of Service).
Which means If Simply Karen chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Simply Karen don’t apply if they conflict with these terms.
7. Email and Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
8. User Communication
The site may contain chat areas, forums, communities, discussion sections, or other message or communication facilities designed to enable you to communicate with the public at large or with a group.
You agree that when using features of the Website that allow for communication by you, that you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
You agree not to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or upload files unless you own or control the rights thereto or have received all necessary consents.
You agree not to advertise or offer to sell or buy any goods or services for any business purpose, or harvest or otherwise collect information about others, including e-mail addresses, without their consent or violate any applicable laws or regulations.
The Company has no obligation to monitor the user communications but reserves the right to review materials posted to the Website and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the user communication services at any time without notice for any reason whatsoever and to disclose any information as necessary to satisfy any applicable laws.
Which means be part of the community and don’t be a jerk.
9. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Simply Karen/AlexTheAlbatross.com service. All material you upload remains yours.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Which means Anything you upload remains yours and your responsibility.
10. Payment of Fees
- A valid credit card is required for the purchase of courses, programs, membership subscriptions, or products.
- The service will be billed based on the payment option selected at the time of purchase. Users have approximately two weeks to address and settle any issues with billing.
- All fees are inclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- Simply Karen does not provide refunds.
Which means For paid content a valid credit card is required. You will be billed based on your own payment plan choice. No refunds.
11. Cancellation and Termination
- You may cancel your account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Simply Karen’s response.
- Once cancellation is confirmed, all your Course Content will no longer be accessible.
- We reserve the right to modify or terminate the Simply Karen service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Simply Karen may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
Which means If you choose to cancel your account, email us at firstname.lastname@example.org and we will delete your account. Your access to any courses you purchased will no longer be available.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
12. Modifications to the Service and Prices
- Simply Karen reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- Simply Karen shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Which means We may change or discontinue the service at anytime, without liability.
QUESTIONS AND CONTACT INFORMATION
If you would like to ask questions about the Terms of Service, email email@example.com or mail at 3560 Crescent Harbour Road., Innisfil ON, L9S 2Y8