TERMS OF USE

Effective Date: November 1, 2018

This Terms of Use and our Privacy Policy (together, this “Agreement”) describe the terms and conditions on which Simpson Performance Products, Inc., a North Carolina corporation with offices at 328 FM 306 New Braunfels, TX 78130 (“Simpson,” “we,” “us” or “our”) offers you access to www.simpsonperformance.com or any related website or service in or to which this Agreement is linked or referenced (collectively, the “Services”). These Terms do not apply to any application, website or service that does not display or link to these Terms.

Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between Simpson and you.

BY ACCESSING AND USING THE SERVICES, YOU AFFIRM:

YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
YOU WILL COMPLY WITH THIS AGREEMENT; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.

IMPORTANT NOTE: Please read carefully the sections titled “DISCLAIMER OF WARRANTIES,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.” These provisions limit Simpson’s liability to you and affect how disputes are resolved.

If you do not agree to any term of this Agreement, please do not use the Services.

1. CHANGES TO TERMS

The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. We will provide you with advance notice of material revisions to this Agreement. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.

2. ADDITIONAL TERMS

Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with them. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.

3. SIMPSON CONTENT

Simpson and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “Simpson Content”). The name “Simpson Performance Products, Inc.” and the Simpson Performance Products, Inc. Logo, and other trademarks used in the Services are trademarks of Simpson or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Simpson that appear in the Services are the property of their respective owners.

If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy Simpson Content solely for your own personal use.

Except for content that is in the public domain or unless Simpson provides you with written authorization to do so, you may not:

Incorporate any Simpson Content into any other work (such as your own website) or use Simpson Content in any public or commercial manner;
Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Simpson Content in any form or by any means;
Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Simpson Content; or
“Deep link” to any of the Services (i.e., link to any page other than the homepage of one of the Services).

WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY THIRD PARTY. SIMPSON IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. SIMPSON TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. ALL STATEMENTS OF FACT AND EXPRESSIONS OF OPINION CONTAINED ON THIS SITE ARE THE SOLE RESPONSIBILITY OF THE AUTHOR. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.

4. USING THE SERVICES

Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.

Your Account: You are required to create an account (“Account”) to use certain features of the Services. You agree you will maintain your Account information to ensure it is always current, complete and accurate. If you provide untrue, incomplete, misleading or inaccurate information, you understand we have the right to terminate your Account and use of the Services.

You agree to protect the security of your Account. You are responsible for all use of your Account, including your login credentials (i.e., username and password) and activation codes and passwords. Simpson treats access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. Simpson may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. Please immediately notify Simpson using the contact information provided below if you believe that information you provided to us is no longer secure or if you need to deactivate your account or password.

Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.

We do not guarantee availability of the Services at all times of the day. Simpson may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, Simpson has no obligation to provide access to or support for the Services.

Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only.

You agree you will not (and you agree not to encourage or allow any third party to):

Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, other users’ Accounts or Simpson’s computer systems or networks;
Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
Use the Services to advertise, buy or sell any products or services;
Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
Reformat or frame any portion of the web pages that are part of the Services without Simpson’s written consent;
Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
Create an Account under fraudulent pretenses; or
Collect or store Personal Data (as defined in the Privacy Policy) about any other user without his or her express prior written consent.

You can stop all collection of information by the Simpson App by uninstalling it. You may use the standard uninstall processes available as part of your mobile device or via the App Platform (as defined below). You can stop collection of information by any of the other Services by ceasing to use such Services.

5. PRODUCTS, ORDERS AND RETURNS

Certain products may be available exclusively online through the Services. These products may have limited quantities and are subject to return or exchange only according to our Returns Policy.

Prices for our products offered through the Services are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product. We have made every effort to display as accurately as possible the colors and images of our products that appear through the Services. We cannot guarantee 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 we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of Simpson. 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.

SIMPSON WARRANTS ALL PRODUCTS TO BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP WHEN USED ACCORDING TO THE MANUFACTURER’S INSTRUCTIONS. WARRANTY DOES NOT INCLUDE DAMAGE TO THE PRODUCT AS A RESULT OF MISUSE, ABUSE OF THE PRODUCT, OR NORMAL WEAR AND TEAR. SIMPSON WILL PROVIDE A REPLACEMENT PART OR PRODUCT AT ITS SOLE DISCRETION. PURCHASER MUST ASSUME RESPONSIBILITY FOR THE COST OF SHIPPING THE PRODUCT TO SIMPSON FOR SERVICE OR INSPECTION. SHOULD ANY PRODUCT NOT MEET YOUR EXPECTATIONS FOR FIT, WORKMANSHIP AND QUALITY, PLEASE CALL (800) 654-7223.

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 business or per order. These restrictions may include orders placed by or under the same customer Account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, 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 through the Services. You agree to promptly update your Account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.

International Orders: All international customers are required to pay via wire transfer. Call 1-830-625-1774 for payment information.

If for any reason you would like to return a product you purchased, or have a product you need serviced or inspected, ship it to Simpson via insured Parcel Post or UPS within 30 days. Please return new products in original condition, in the same boxes with a copy of the invoice to:

Simpson Performance Products, Inc.
Attention: Returns
328 FM 306
New Braunfels, TX 78130

If you need to return a custom crew suit or uniform, please send to the following address:

Simpson Performance Products, Inc.
Attention: Returns
1407 West 240th St.
Harbor City, CA 90710

International orders not included. Please contact Customer Service for shipping and payment information.

For more detail, please review our Returns Policy.

6. SIMPSON GIFT CARDS

“Gift Card” means an electronic or physical card that has prepaid currency loaded onto it to be spent on Simpson product in accordance with these terms and conditions.
Physical gift cards may be redeemed at Simpson Performance Products retails stores in the United States of America or by calling (800) 654-7223. Simpson gift cards are not redeemable online.
Not redeemable for cash and cannot be used to purchase other gift cards or other tender. Cannot be exchanged.
If purchase exceeds the gift card amount, the balance must be paid by other available payment options. Simpson gift cards have no expiration date.
Physical gift cards are not reloadable.
We reserve the right to cancel any gift card for any reason at any time without notice. In such instances we will elect to provide a refund or a replacement gift card.
Gift cards are treated like cash. Defaced, mutilated, altered, lost or stolen gift cards will not be replaced, refunded or redeemed. Simpson does not accept responsibility for lost or stolen cards.
We reserve the right to correct the balance of your gift card if we believe a clerical or accounting error has occurred.
Simpson reserves the right to verify the identity of the bearer and to change the terms of use of our gift cards at any time without notice.

7. SUBMISSIONS

Simpson may from time to time offer areas in the Services where you and other users can share suggestions, ideas or other information or materials (collectively, “Submissions”). You are the owner of and are responsible for your Submissions.

By submitting a Submission, you represent and warrant:

Your Submission is true and accurate;
You own or otherwise control all of the rights to your Submission, including copyrights and trademarks, necessary to meet your obligations to Simpson under this Agreement;
Your Submission is not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
Your Submission does not violate the privacy, publicity, intellectual property or other rights of any other person or entity.

You acknowledge and agree Simpson has the right (but not the obligation) to monitor Submissions and to alter, remove or refuse to post or allowing posting of any Submission. SIMPSON TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSION, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT IN SUBMISSIONS.

By sharing your Submissions, you grant Simpson and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license (with the right to sublicense) to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise use your Submission in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Services and Simpson’s products without further notice to or consent from you. Under no circumstances are you entitled to payment for your Submissions. All Submissions are deemed non-confidential and non-proprietary.

Simpson encourages you not to disclose any personal information in your Submissions because other people may see and use the personal information in your Submissions.

8. PROMOTIONS

From time to time, Simpson may offer you the opportunity to participate in challenges or other promotions (collectively, “Promotions”). You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM SIMPSON, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to be bound by our decisions, which are final and binding in all matters relating to Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted or taxed.

BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE SIMPSON AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.

9. DISCLAIMER OF WARRANTIES

Simpson warrants that Simpson has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SIMPSON SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Simpson specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Simpson does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Simpson or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

10. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES

YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST SIMPSON ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF SIMPSON KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR TO THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICE.

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and Simpson would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.

11. DISPUTE RESOLUTION

If you have a complaint about the Services, please contact Simpson via email at [email protected].

To the maximum extent permitted by applicable law, you and Simpson agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, this Agreement is governed by and construed and enforced in accordance with the internal laws of the State of North Carolina, without giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide.

YOU AGREE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.

If you are a resident of the U.S.: Any dispute between you and Simpson and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement is subject to the exclusive jurisdiction of the federal and state courts in the North Carolina, other than for actions to enforce any order or judgment entered by such courts.

If you are not a resident of the U.S.: If local law requires, you may bring an action against Simpson in the local courts of your place of domicile and nothing in this Agreement is intended to limit your rights to do so. All disputes arising under the Agreement between you and Simpson are subject to the non-exclusive jurisdiction of the courts located in your place of domicile and you and Simpson hereby submit to the personal jurisdiction and venue of these courts.

12. NOTICE TO CALIFORNIA RESIDENTS

BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:

The provider of the Services is:

Simpson Performance Products, Inc.
328 FM 306
New Braunfels, TX 78130
(800) 654-7223

If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.

13. INTERNATIONAL USE

If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.

Simpson’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage and processing of your information (including Submissions and Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules and regulations including all laws, rules and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Simpson or its affiliates to any registration requirement within such jurisdiction or country.

14. TERMINATION

You may terminate your Account at any time for any reason effective upon written notice to Simpson. Simpson reserves the right immediately to suspend or terminate your account and access to the Services without notice if Simpson believes you violated this Agreement.

Termination will not limit any of Simpson’s other rights or remedies. The sections titled Simpson Content, Submissions, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.

15. LINKS TO OTHER WEBSITES AND SERVICES

The Services contain links to other websites and services we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of Simpson and Simpson is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by Simpson of the Linked Services or any association with the operators of the Linked Services. Simpson does not investigate, verify or monitor the Linked Services. Simpson provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

16. GENERAL TERMS

This Agreement (i) inures to the benefit of and will be binding upon Simpson’s and you and your successors and assigns, respectively and (ii) may be assigned by Simpson but you may not assign them without the prior express written consent of Simpson.
This Agreement, together with our Privacy Policy, contain the entire understanding by and between Simpson and you with respect to the matters contained herein.
If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
If Simpson fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
Nothing contained in this Agreement will be deemed to constitute Simpson or you as the agent or representative of the other or as joint venturers or partners.
If Simpson is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
The headings and captions contained herein are for convenience only.
This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.

17. QUESTIONS ABOUT THE SERVICES

If you have a question about the Services, please contact Simpson via email at [email protected].