Terms & Conditions

Last Updated: December 14, 2022

Welcome to Simblist Group!

Simblist Group ("Simblist") and its vendors, partners and/or affiliates provide their services to you subject to the following general terms and conditions and our Privacy Policy. If you visit and/or shop at simblistgroup.com, or any other website managed by Simblist (collectively, this "Site"), you accept these terms and conditions. Please read them carefully. In addition, when you visit or purchase from any vendor or manufacturer affiliated with Simblist, whether or not included in this Site, you will also be subject to the terms and conditions applicable to such vendor or manufacturer.

Privacy
Please review our Privacy Policy, which also governs this Site, to understand our privacy practices.

Electronic Communications
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Site Content
All content included on this Site, such as information, data, text, graphics, logos, photographs, images, audio clips, and other material (collectively "Content") is the property of Simblist Group or its vendors and/or affiliates and is protected under U.S. and International copyright laws. The compilation of all Content presented on this Site is the exclusive property of Simblist Group and protected by U.S. and international copyright laws. You may not copy, reproduce, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, in any way exploit, or otherwise use the Content, without the express prior written consent of Simblist Group.

Trademarks
simblistgroup.com, Simblist Group, Simblist Group logos, and other marks included on this Site are trademarks and/or service marks of Simblist Group or Simblist Group Affiliates ("Simblist Group Marks"). Simblist Group Marks may not be used in connection with any product or service that is not Simblist Group's or Simblist Group Affiliate's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Simblist Group. All trademarks, service marks, and logos that are not owned by Simblist Group or Simblist Group Affiliates and appear on this Site are the property of their respective owners.

Online Orders/Product Descriptions and Prices/Risk of Loss
Simblist Group does not warrant that product availability, shipping times, descriptions, prices or other Content included on this Site is accurate, complete, reliable, current or error-free. If a product offered on this Site is not as described, you may contact the vendor or manufacturer of the product. Orders may be subject to separate vendor terms and conditions of sale, as presented by the vendor, if any. Simblist Group is not a party to any such vendor terms and conditions of sale and any and all disputes concerning specific transactions should be resolved directly between seller and purchaser.

All prices and costs listed on this Site are subject to change without notice. Except where noted otherwise, the Original Price listed for a product on this Site represents the wholesale price provided by the vendor or manufacturer or estimated in accordance with standard industry practice. The Original Price is a comparative price estimate and may or may not represent the prevailing wholesale price in every market on a particular day.

Shipping and handling charges and applicable sales taxes are not included in the total price or cost displayed on this Site during checkout. By placing an online order, you accept any difference and agree to pay the amount invoiced for the items purchased, which amount may differ from your online receipt or order history.

Unless otherwise agreed in a shipment contract with the vendor or manufacturer, risk of loss and title for items purchased via this Site pass to you upon delivery to the carrier.

All orders are subject to vendor acceptance. Please note that there is no binding order until you receive an order confirmation by e-mail from Simblist Group and/or the vendor.

Your Account
By using this Site, you agree that you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. You agree to immediately notify us of any unauthorized use of your account or password or any other breach of security. Simblist Group reserves the right to terminate accounts, refuse to provide services, remove or edit Content, or cancel orders in its sole discretion.

Reviews, Comments and Other User-Provided Content
You may submit and/or post reviews, comments, information, images, photos, suggestions, ideas, comments, questions, or other Content; provided, that such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of, or contain, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Content. We reserve the right (but not the obligation) to remove or edit any such Content, but do not regularly review user-provided Content.

If you do submit and/or post Content, and unless we indicate otherwise, you grant Simblist Group a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant Simblist Group and its sublicensees the right, at Simblist Group's or its sublicensees' option, to use the name that you submit in connection with such Content. You represent and warrant that: (i) you own or otherwise control all of the rights to the Content that you provide; (ii) the Content that you provide is accurate; (iii) use of the Content you provide does not violate this policy and will not cause injury to any person or entity; and (iv) you will indemnify Simblist Group for all claims arising from Content that you provide. Simblist Group has the right (but not the obligation) to monitor and edit or remove any activity or Content. Simblist Group takes no responsibility, and assumes no liability, for any Content provided by you or any third party.

Links to Third Party Sites
We may make available a link from this Site to a Simblist Group Affiliate's or other third party's web site. These links permit you to leave this Site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. You should carefully review the privacy statements and other terms and conditions of use of all linked sites you visit.

Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY SIMBLIST GROUP ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIMBLIST GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMBLIST GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMBLIST GROUP DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SIMBLIST GROUP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIMBLIST GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

SIMBLIST GROUP PROVIDES ACCESS TO A MARKETPLACE PLATFORM (MARKETPLACE IS OWNED AND OPERATED BY CORE ELEMENTS LLC) TO FACILITATE TRANSACTIONS BETWEEN BUYERS AND SELLERS. SIMBLIST GROUP IS NOT A SUPPLIER, VENDOR OR SELLER OF THE PRODUCTS AND/OR SERVICES AVAILABLE THROUGH THIS SITE AND ANY AND ALL CLAIMS ARISING OUT OF SPECIFIC TRANSACTIONS MUST BE RESOLVED DIRECTLY BETWEEN BUYER AND SELLER.

Applicable Law
By visiting simblistgroup.com you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any kind that might arise between you and Simblist Group or its vendors or affiliates.

Disputes
All disputes in which Simblist Group is a party which relate in any way to your visit to simblistgroup.com and/or products that you purchase through simblistgroup.com shall be submitted to confidential arbitration in Atlanta, Georgia. Arbitration under this paragraph shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this paragraph shall be joined to an arbitration involving any other party subject to this paragraph, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability
Please review our other policies, such as our Privacy Policy, posted on this Site. We reserve the right to modify or amend these policies, this Site, and these Terms and Conditions of Use at any time. If we ever change our policies in a material fashion, we will post any changes on this Site and/or send you an email so that you are always aware of any such material change. Unless we state otherwise, the changes to our policies will affect only your use of the Site and our services after the effective date of the change. If you continue to use the Site and/or our services after notification of a change, such use shall constitute your acceptance of the modified terms. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

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