Terms of Service – prepareforanyexam.ai

Terms of Service

Effective Date: Sept 01, 2025; Last updated: July 15, 2025

The SMPL Services, LLC (“SMPL Services, LLC“) website and its applications are a hosted service operated by SMPL Services, LLC (“Service“). Any use of the Service is subject to the following Terms and Conditions of Service (“Terms of Service” or “Terms“), as well as to SMPL Services, LLC’s Privacy Policy, and SMPL Services, LLC’, all of which are incorporated by reference into these Terms of Service. Your use of the Service will constitute your acceptance of these.

Eligibility. Use of the Service is void where prohibited. The Service is intended for users over the age of 13, but is open to all ages. For children age 13 or younger (or other age of consent where required by local law), SMPL Services, LLC offers a restricted feature set and website experience that removes certain features. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
Your SMPL Services, LLC Account. If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. Accounts are for individual, not organizational, use by a single person only. You may not share your account with any other person. You must notify SMPL Services, LLC immediately of any unauthorized uses of your data, your account or any other breaches of security. SMPL Services, LLC 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. SMPL Services, LLC may from time to time set storage limits for your data, or take any other measures it considers appropriate to manage the Service. SMPL Services, LLC may also from time to time change its policies on offering commercial content or displaying advertising, and may do this without notice.
Subscriptions. You have the option to purchase a subscription plan, which offers an upgraded experience with additional features or functionality for your SMPL Services, LLC account (“Subscription“). Subscriptions may be purchased either by (i) paying a recurring subscription fee; or (ii) pre-payment giving you access for a specific time period (“Pre-Paid Period“). The specific features included in each Subscription plan are described on our website at the time of purchase.
1. Pre-Paid Subscription Term: Subscriptions purchased for a Pre-Paid Period will automatically terminate at the end of the Pre-Paid Period.
2. Group Orders: A Group Order provides discounted credits towards multiple, individual Pre-Paid Period Subscriptions via a unique upgrade link. You may select the number of subscription credits you would like to purchase. Purchasers of Group Orders are solely responsible for the distribution of subscription credits. All subscriptions are non-transferable and irrevocable once a credit has been redeemed by an individual user account. Individual accounts which use a Group Order subscription credit may not be associated with any school, business, entity, institution or any other centralized account and the purchaser of the Group Order has no right to or interest in any account to which a subscription credit has been applied, except where the purchaser of the Group Order and the holder of the account to which a subscription credit has been applied are the same individual.
3. To Cancel Your Subscription: You may cancel your Subscription at any time. If your Subscription is set to automatically renew, you must cancel at least 1 day prior to the expiration of the Subscription term in order to avoid additional charges. You may continue to enjoy your Subscription benefits until that date, after which your Subscription will terminate and your account will automatically downgrade. You can cancel your Subscription in your account settings or by going here. Our cancellation policy can be found here.
4. Cancellation by Us: We may cancel your Upgraded Membership at any time for any reason, with or without prior notice.
5. Refunds: Except where required by law, Subscriptions purchased directly through SMPL Services, LLC are non-refundable. Subscriptions purchased through other platforms are subject to the refund policies of those platforms. SMPL Services, LLC cannot be held responsible for these platforms’ policies. We do not provide any refunds if the price for Subscription plans drops, or if we offer subsequent promotion pricing or change the content or features of the Service.
6. Price changes: We may change the price for Subscriptions from time to time. We will communicate any price changes to you in advance. Price changes for Subscriptions will take effect on the next renewal date following the date of the price change. As permitted by local law, you accept the new price by continuing to maintain your Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling from the Subscription prior to the price change going into effect. Please be sure to read any such notification of price changes carefully.
Premium Content.: Users may have the option to purchase or gain access to commercial content on SMPL Services, LLC (“Premium Content”). Access to Premium Content may be granted either by (i) purchasing access directly on the Service (“Content Subscription”); or (ii) entering an access code (“Access Code”). The terms stated below will govern your participation in these programs.
1. Content Subscriptions: Access to Premium Content purchased as part of a Content Subscription is subject to the terms set forth during the purchase process and you are bound by the restrictions included.
2. Access Codes: Access to Premium Content through use of a publisher-provided Access Code is subject to the terms set forth by the publisher and you are bound by the publisher’s restrictions, including expiration of codes.
3. License: Once you have purchased a Content Subscription or used an Access Code to access Premium Content, you may access the included material for the designated period of time. You may access the Premium Content only for your own personal, educational use (“Personal Use”). Each account must purchase its own Content Subscription or enter its own Access Code, and accounts may not be shared by multiple users.
4. Restrictions: You may not use Premium Content for any commercial purpose. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity. You may not post or otherwise make the Premium Content available on any website. You may not share, send, sell, sublicense, or transfer the Premium Content to someone else.
5. Refunds: Except where required by law, Premium Content Subscriptions purchased directly through SMPL Services, LLC are non-refundable. Premium Content Subscriptions purchased through other platforms are subject to the refund policies of those platforms. SMPL Services, LLC is not responsible for the policies of those platforms.
Responsibility of Contributors. If you create, submit, upload, duplicate, modify, share or post material, commentary or links to the Service, or otherwise make material available by means of the Service in any format/manner including but not limited to text, graphics, audio files, computer software or any other format (referred to collectively as “Content”) you are entirely responsible for the composition of, and any harm caused to SMPL Services, LLC or any third-party, resulting from, that Content. That is the case, regardless of whether the Content in question constitutes text, graphics, audio files, computer software or any other format in which SMPL Services, LLC stores data.
Prohibited Content. You may post only educational and study-related Content to the Service. The following are examples of Content prohibited to post on or through the Service. SMPL Services, LLC reserves the right to investigate and take appropriate legal action against anyone who, in SMPL Services, LLC’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, limiting the use of any portion of the Service or terminating the accounts of such violators, or seeking other legal remedies. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of SMPL Services, LLC:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
2. harasses or advocates harassment of a person or group;
3. exploits people in a sexual or violent manner;
4. contains sexually suggestive, violent, or offensive subject matter;
5. solicits personal information from anyone;
6. publicly posts information that poses or creates a privacy or security risk to any person;
7. includes information about another person that you have posted without that person’s consent;
8. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
9. contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
10. contains or promotes an illegal or unauthorized copy of another person’s copyrighted work;
11. solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
12. involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam;
13. furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
14. involves commercial activities and/or sales, such as contests, sweepstakes, bartering, advertising, or pyramid schemes;
15. violates any and all applicable laws or regulations.
Prohibited Activities. You may only engage in educational and study-related activities while using the Service. The following are examples of the kind of activity that is prohibited on the Service. SMPL Services, LLC reserves the right to investigate and take appropriate legal action against anyone who, in SMPL Services, LLC’s sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service, including, without limitation, engaging in scraping or other automated extraction of the Service or Content;
3. impersonating or attempting to impersonate another user, person or entity;
4. using the account, username, or password of another user at any time, or disclosing your password to any third party, or permitting any third party to access your account;
5. using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
6. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
7. any automated use of the system, such as, but not limited to, using scripts to create or post Content, including, without limitation, scraping or other automated extraction of the Service or Content;
8. interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
9. displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
10. reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
11. using the Service in a manner inconsistent with any and all applicable laws or regulations.
Content Representations and Warranties. By making Content available, you represent and warrant that:
1. the downloading, copying and use of such Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2. if a third-party has rights to intellectual property you create, including such Content, you have either (i) received permission from the third-party to post or make available the Content, including but not limited to any software, or (ii) secured from the third-party a waiver as to all rights in or to the Content;
3. you have fully complied with any third-party licenses relating to the Content,;
4. the Content does not and will not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive material;
5. the Content is not spam, and does not contain unethical or unwanted commercial material designed to drive traffic to third party sites, to boost the search engine rankings of third party sites, to enable unlawful acts (such as phishing) or to mislead recipients as to the source of the material (such as spoofing);
6. the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
7. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by SMPL Services, LLC or otherwise.
License. By submitting Content or any other material to SMPL Services, LLC for inclusion on the Service or for any other purpose, for example posting a flashcard set, answering a survey or sending SMPL Services, LLC an email, you grant SMPL Services, LLC a world-wide, perpetual, irrevocable, royalty-free license (with right to sublicense through multiple tiers) to use, copy, reproduce, process, adapt, modify, publish, transmit, publicly display, publicly perform and distribute such Content or material in any and all media or distribution methods (existing or subsequently developed). Additional uses by SMPL Services, LLC, or other companies or individuals who partner with SMPL Services, LLC, may be made with no compensation paid to you with respect to the Content that you submit, post, or otherwise make available to SMPL Services, LLC or through the Service.
Embed. If you use SMPL Services, LLC’s Embed Function on your website, you may not modify, build upon, or block any functionality or portion thereof, including but not limited to links back to the SMPL Services, LLC website.
Responsibility of Service Users. SMPL Services, LLC has not reviewed, and cannot review, all Content posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, SMPL Services, LLC does not represent or imply that it endorses the Content posted thereon, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. The Service may contain material that is offensive, indecent, or otherwise objectionable, as well as Content in which technical, factual, or other inaccuracies, typographical mistakes, or other errors may be present. The Service may also contain Content that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions, stated or unstated. SMPL Services, LLC disclaims any responsibility for any harm resulting from your use of the Service, or from you downloading the Content posted thereon. If you discover Content or other material in violation of these Terms, you are encouraged to report the Content to SMPL Services, LLC using the reporting functions available on the Service.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the Content, including computer software, made available through the websites and webpages to which SMPL Services, LLC links, and which link to SMPL Services, LLC. SMPL Services, LLC does not have any control over those third party websites and webpages, and is not responsible for their content or your use thereof. By linking to a third party website or webpage, SMPL Services, LLC does not represent or imply that it endorses that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. SMPL Services, LLC disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
Copyright Infringement and DMCA Policy. SMPL Services, LLC respects the intellectual property rights of others. If you believe that material located on or linked to by SMPL Services, LLC violates your copyright, you are encouraged to notify SMPL Services, LLC through: privacy@crushanyexam.ai. SMPL Services, LLC will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of SMPL Services, LLC or others, SMPL Services, LLC may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, SMPL Services, LLC will be under no obligation to provide a refund of any amounts previously paid to SMPL Services, LLC by that user.
Trademarks. SMPL Services, LLC, SMPL Services, LLC.com, SMPL Services, LLC Ads, the SMPL Services, LLC mark and logo, and all other trademarks, service marks, graphics and logos used in connection with SMPL Services, LLC, or the Service are trademarks or registered trademarks of SMPL Services, LLC or SMPL Services, LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any SMPL Services, LLC or third-party trademarks. Audio files and software may not be sold or redistributed, or offered as a service to others.
Portions of audio content copyright Voiceware Co., Ltd. 2001 and NeoSpeech, , 2002, 2007.
Changes to the Service and Terms. The Service, including without limitation all content there available, product and Subscription features, any and all of SMPL Services, LLC’s policies, and these Terms of Service, may be changed at the sole discretion of SMPL Services, LLC without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.
LIMITATION OF WARRANTIES OF SMPL SERVICES, LLC, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM THE SERVICE IS PROVIDED “AS IS”, AND SMPL SERVICES, LLC, ITS SUPPLIERS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT SMPL SERVICES, LLC, ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD SUCH CONTENT OR THE USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY OF SMPL SERVICES, LLC, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO CIRCUMSTANCE WILL SMPL SERVICES, LLC, ITS SUBSIDIARIES, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF SMPL SERVICES, LLC, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST SMPL SERVICES, LLC, ITS SUPPLIERS AND ITS LICENSORS ARISING FROM, OR RELATED TO, USE OF THE SERVICE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEBSITE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO SMPL SERVICES, LLC DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK.
Disputes with SMPL Services, LLC. In the case of any dispute between you and SMPL Services, LLC arising out of or connected to these Terms or your use of the Service, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
1. Binding Arbitration: This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. In the United States, this Agreement is governed by the Federal Arbitration Act and federal arbitration law. To the fullest extent allowed by applicable law, you and SMPL Services, LLC agree to submit all Disputes between us to individual, binding arbitration under the provisions in this Section 18. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and SMPL Services, LLC that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use of our Service, and all matters relating to or arising from these Terms, SMPL Services, LLC’s Privacy Policy, or any other agreement between you and SMPL Services, LLC, including the validity and enforceability of these Terms to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration, and that court review of an arbitration award is limited. YOU AND SMPL SERVICES, LLC KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY.
2. Informal Negotiation Period: SMPL Services, LLC’s customer support department is reachable through our support form linked here to address any concerns you may have regarding your use of our Service. Most concerns are quickly resolved in this manner to our customers’ satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and SMPL Services, LLC agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If SMPL Services, LLC has a Dispute with you, it will send notice of that Dispute to your billing address and/or email address you have provided to us. If you have a Dispute with SMPL Services, LLC, you must notify us in writing via our support form linked here, using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include, as applicable, your name, the email address associated with your account, and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell SMPL Services, LLC what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or SMPL Services, LLC later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and SMPL Services, LLC agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and SMPL Services, LLC authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on these Terms and the notice of Dispute (if any) that you or SMPL Services, LLC provided before commencing arbitration.
3. Binding Arbitration: If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or SMPL Services, LLC may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below.
  Except in the event of a Mass Arbitration (as defined below), the arbitration will be administered by AAA in accordance with the AAA effective as of the date of the Notice of Dispute, which are available at the AAA website, https://www.adr.org/Rules, as modified by these Terms. If, for any reason, AAA is unable to administer the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the AAA.
  
  Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the AAA.
  
  The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and SMPL Services, LLC, and any award of the arbitrator may be entered in any court of competent jurisdiction.
  
  The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.
  
  If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and SMPL Services, LLC agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
4. Class and collective action waiver: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. YOU AND SMPL SERVICES, LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND YOU AND SMPL SERVICES, LLC KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including but not limited to requests for public injunctive relief.
  If any provision in Section 18 of these Terms is found to be unenforceable, that provision shall be severed with the remainder of Section 18 of this Agreement remaining in full force and effect. The foregoing severance provision shall not apply to the prohibition against class or collective actions. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Section 18 of this Agreement (but only Section 18) shall be null and void.
5. Exceptions to Informal Negotiations and Arbitration: Notwithstanding the parties’ decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the jurisdiction and applicable law provisions in Section 19 below.
  Either party may also seek relief in a small claims court for any individual Disputes or claims within the scope of that court’s jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
6. EXCEPTION – MASS ARBITRATION BEFORE NAM: Notwithstanding the parties’ decision to have arbitrations administered by AAA, if 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration”. If a Mass Arbitration is commenced, you and we agree that it shall not be governed by AAA Rules or administered by AAA. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and SMPL Services, LLC agree that if either party fails or refuses to commence the Mass Arbitration before NAM rather than AAA, you or SMPL Services, LLC may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and SMPL Services, LLC agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and SMPL Services, LLC acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and SMPL Services, LLC agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court. If for any reason the provisions in this Mass Arbitration before NAM paragraph only are found to be unenforceable, or if for any reason NAM declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by AAA consistent with the provisions of these Terms.
Governing Law. SMPL Services, LLC is located in California, with our headquarters in San Francisco. Except to the extent any applicable law provides otherwise, these Terms of Service and any access to or use of the Service will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, regardless of where you are located in the world.
Venue. Any Dispute subject to Binding Arbitration will take place in San Francisco County, California. For any other judicial action that may arise between you and SMPL Services, LLC, or for which our Binding Arbitration clause is found not to apply, both you and SMPL Services, LLC agree to submit to the venue and personal jurisdiction of the state and federal courts located in San Francisco County, California.
General Representation and Warranty. You represent and warrant that your use of the Service will be in accordance with SMPL Services, LLC’s Privacy Polic, with these Terms of Service, 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 United States or the country in which you reside, and with any other applicable policy or terms and conditions.
Indemnification. You agree to defend, indemnify and hold harmless SMPL Services, LLC, its subsidiaries, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
Miscellaneous. You agree to defend, indemnify and hold harmless SMPL Services, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
Severability. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the drafter’s original intent, and the remaining portions will remain in full force and effect.
Non-waiver of Rights. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment. You may assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by, its terms. SMPL Services, LLC may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Survival of Terms. These Terms continue to apply, even after you close your account or cease using the Service.