Terms and Conditions

Website Terms and Conditions

Please carefully read and acknowledge the below, latest Simonson Station Stores terms and conditions, “Terms”.

Access to and use of Simonson Station Stores products (“Products”), Simonson Station Stores services, “Services”, and the Simonson Station Stores website https://www.gosimonson.com, “Website”, including any of its content, is conditional on your agreement to these Terms. You must read, agree with, and accept all the terms and conditions contained in these Terms. By creating a rewards account, or by using or visiting our Website, you are bound to these Terms and you indicate your continued acceptance of these Terms.

Your Simonson Station Stores Rewards Account

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to provide and maintain accurate, current, and complete information, including your contact information for notices and other communications from us and your payment information. You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and Simonson Station Stores may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose Simonson Station Stores to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Simonson Station Stores of any unauthorized uses of your information, your account, or any other security breaches. Simonson Station Stores will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Users of the Website, Products, and/or Services

Your access to, and all your use of the Website, Products, and/or Services must be lawful and must be in compliance with these Terms, and any other agreement between you and Simonson Station Stores.

When accessing or using the Website, Products, and/or Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the Website, Products, and/or Services, and you agree not to use the Website, for any of the following:

  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted internet protocol.
  • Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it.
  • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner.
  • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy, or publicity right of another.
  • Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system.
  • Accessing data not intended for you, or logging on to a server or account, which you are not authorized to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt).
  • Attempting to interfere or interfering with the operation of the Website, Products, and/or Services, or our provision of Services to any other users of the Website, our hosting provider, or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojans, and other harmful or destructive content. Simonson Station Stores shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.

Simonson Station Stores disclaims any liability for any harm or damages resulting from your access or use of the Website, Products, and/or Services, or access or use of non- Simonson Station Stores websites.

Simonson Station Stores has the right—though not the obligation—to () refuse or remove any Content that, in Simonson Station Stores’ reasonable opinion, violates any Simonson Station Stores policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Website, Products, and/or Services, to any person for any reason, in Simonson Station Stores’ sole discretion.

Content Posted on Other Websites

We have not reviewed, and cannot review, all the material, including computer software, made available through the websites and webpages to which Gosimonson.com links, and that link to Gosimonson.com. Simonson Station Stores does not have any control over those non- Simonson Station Stores websites and webpages and is not responsible for their contents or their use. By linking to a non- Simonson Station Stores website or webpage, Simonson Station Stores does not represent or imply that it endorses such website or webpage.

Copyright Infringement

As Simonson Station Stores requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Simonson Station Stores. Simonson Station Stores will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide our DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The contact information of our DMCA Agent for notice of claims of U.S. copyright infringement is: Simonson Station Stores, Inc., attn.: Simonson Station Stores DMCA Agent, 3105 South Washington St., Suite B, Grand Forks, ND 58201, + 1-701-772-3971, email: comments@gosimonson.com.

In the case of a user who may infringe or repeatedly infringes upon the copyrights or other intellectual property rights of Simonson Station Stores or others, Simonson Station Stores may, in its discretion, terminate or deny access to and use of the Website, Products, and/or Services. In the case of such termination, Simonson Station Stores will have no obligation to provide a refund of any amounts previously paid to Simonson Station Stores to any person in respect of any such termination.

Trademarks

Simonson Station Stores, the Simonson Station Stores logo, and all other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, are trademarks or registered trademarks of Simonson Station Stores or Simonson Station Stores’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website, Products, and Services, may be the trademarks of other third parties in which case such license is for the exclusive benefit and use of us unless otherwise stated, or may be the property of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any Simonson Station Stores or third-party trademarks. Likewise, you grant no right or license to reproduce or otherwise use any of your trademarks, service marks, graphics and/or logos, unless expressly authorized by you.

Termination

You may terminate your agreement and close your rewards account with Simonson Station Stores at any time, effective immediately, by sending an email to comments@gosimonson.com. Simonson Station Stores may terminate its relationship with you, or may terminate or suspend the accessibility to the Website, Products, and/or Services at any time, including the use of any software, (i) if you breach these Terms and/or any other agreement with Simonson Station Stores; (ii) if Simonson Station Stores reasonably suspects that you are using the Website, Products, and/or Services to breach the law or infringe third-party rights; (iii) if Simonson Station Stores reasonably suspects that you are trying to unfairly exploit or misuse Simonson Station Stores’ policies; (iv) if Simonson Station Stores reasonably suspects that you are using the Website, Products, and/or Services fraudulently, or that Products or Services provided to you are being used by a third-party fraudulently; (v) you violate any applicable law or regulation. Upon termination of your Simonson Station Stores rewards account for the above reasons, there will be no refund of fees and you will be denied access to the Website, Products and/or the Services, including all its data.

Simonson Station Stores may terminate any agreement and access to your account, if the Services or any part thereof, are no longer legally available in your jurisdiction, or are no longer commercially viable, at Simonson Station Stores’ sole discretion.

If you believe that Simonson Station Stores has failed to perform or the Services are defective, you must notify Simonson Station Stores in writing and allow fourteen (14) days for Simonson Station Stores to cure the defect. If Simonson Station Stores cures the defect within this cure period, Simonson Station Stores will not be in default and cannot be held liable for any damages and/or losses in connection to such default. If Simonson Station Stores has not cured the defect within this cure period, you may terminate the subscription with immediate effect, upon written notice to Simonson Station Stores.

Changes

The configurations and specifications of the Website, including without limitation all content there available, the Products, and the Services may be amended and/or updated from time to time, at the sole discretion of Simonson Station Stores. You are bound by any such changes or updates, unless such changes materially diminish the functionality and value of the Website, Products and/or Services.

Limitation of Warranties of Simonson Station Stores, Its Suppliers, and Its Licensors

Simonson Station Stores and its licensors make no warranties or representations whatsoever with respect to the Website, Products, and Services, or any linked site or its content, including the content, information and materials on it or the accuracy, completeness, or timeliness of the content, information, and materials. We also do not warrant or represent that your access to or use of the Website, Products, and/or Services, or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Website, Products, and/or Services, or any linked site is free of computer viruses or other harmful components. We assume no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your use of the Products or Services, or your access to, use of, or browsing of the Website, or your downloading or uploading of any Content from or to the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.

No advice, results, or information, whether oral or written, obtained by you from Simonson Station Stores, or through the Website, shall create any warranty not expressly made herein. Simonson Station Stores does not necessarily endorse, support, sanction, encourage or agree with any content or any user content, or any opinion, recommendation, content, link, data, or advice expressed or implied therein, and Simonson Station Stores expressly disclaims any and all liability in connection with user content and any other content, materials, or information available on or through the Website, Products, and/or Services, created or provided by users or other third parties.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability of Simonson Station Stores, its Suppliers, and its Licensors

Under no circumstances shall any party, its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from the use of the Website, Products, Services, and/or the Contents thereof, or of any hyperlinked website even if such party is expressly advised of the possibility of such damages. With the exception of damages related to legally proven or admitted intellectual property infringement caused by Products and/or Services as delivered by a party without any third-party content, in no event shall a party’s liability exceed the total sums received by Simonson Station Stores from you during the twelve (12) month period immediately prior to the date the damages first occurred.

Your Representations and Warranties

You represent and warrant that your use of the Website, Products, and/or Services will be in accordance with any agreement between you and Simonson Station Stores, the Simonson Station Stores Privacy Policy, these Terms, and with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside, and with any other applicable policy or terms and conditions.

Indemnification

Subject to the limitations set forth herein, the Parties agree to defend, indemnify, and hold each other harmless, including its subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with (i) a material violation of these Terms, or any agreement between the Parties, or (ii) any allegation that any information or material (including any Content) violates any rights of any third party.

You understand and agree that, by using the Products and/or Services, you are solely responsible for any data, including personally identifiable information, collected, or processed via our Products and/or Services. You will defend, indemnify, and hold Simonson Station Stores harmless, without any limitation, for all damages in connection to (alleged) violations of any privacy laws through the use of the Products and/or Services under your account.

Miscellaneous

Each party shall take out adequate insurance in order to cover its risks hereunder, including but not limited to a general- and product liability insurance. Regarding the security, confidentiality and integrity of data, each party is responsible for maintaining appropriate technical and organizational measures for the protection of data processed on their own systems and on third party systems that are in use by the involved party.

Simonson Station Stores will not be liable for any delay in performing or failure to perform any of its obligations to you caused by events beyond its reasonable control. Simonson Station Stores will notify you promptly in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.

If you are located in the United States and use or access the Website, Products, and/or Services from the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Simonson Station Stores shall be governed by and construed in accordance with the laws of the state of North Dakota, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Simonson Station Stores shall be resolved under the International Arbitration Rules of the American Arbitration Association in front of a sole arbitrator. The place of arbitration shall be Grand Forks, North Dakota. The language of the arbitration shall be English. Any award, verdict or settlement issued under such arbitration may be entered by any party for order of enforcement by any court of competent jurisdiction.

If you are located outside the United States and use or access the Website, Products, and/or Services from outside the United States, these Terms, the Website, Products, and/or Services and any and all agreements between you and Simonson Station Stores shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to the United Nations Convention on the Contracts for the International Sale of Goods. All disputes between you and Simonson Station Stores shall be exclusively resolved by the Dutch Courts in Amsterdam.

Any cause of action against a party, regardless of whether in contract, tort or otherwise, must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.

If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the Parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms to any party that consents to, and agrees to be bound by, the terms hereof in writing. Simonson Station Stores may assign its rights under these Terms at its sole discretion. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms, or your use of the Website, Products, and/or Services.

A Special Note About Children

The Website is not designed or intended for use by children under the age of 13. We do not intentionally gather personal information from visitors who are under the age of 13. If you are under the age of 13, you are not permitted to submit any personal information to us. If you are under the age of 13, you should use the Website only with consent of a parent or guardian.