Terms & Conditions

Welcome to Danielsimmonshop (danielsimmonshop.com), operated by Daniel Simmon (“Company,” “we,” “us,” or “our”). These Terms & Conditions (“Legal Terms”) serve as a binding agreement that governs your access to and use of our website, any mobile applications we may offer, and any products, features, tools, or services provided by us (collectively, the “Services”).

By accessing or using the Services—whether on your own behalf or on behalf of an organization (“you”)—you acknowledge that you have carefully read, understood, and agreed to comply with these Legal Terms. If at any time you do not agree with any part of these terms, you must discontinue use of our Services immediately.

We may occasionally publish supplemental terms, policies, or notices that apply to specific features or services. These additional documents are incorporated into these Legal Terms by reference.

We reserve the right, at our sole discretion, to modify, revise, or update these Legal Terms at any time and for any reason. Changes will be indicated by updating the “Last Updated” date. By continuing to use the Services after modifications have been posted, you accept the revised Terms & Conditions. We encourage you to review this page regularly.

For your convenience, we recommend printing or saving a copy of these Legal Terms for future reference.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. PROHIBITED ACTIVITIES

5. USER-GENERATED CONTRIBUTIONS

6. CONTRIBUTION LICENSE

7. SERVICES MANAGEMENT

8. TERM AND TERMINATION

9. MODIFICATIONS AND INTERRUPTIONS

10. GOVERNING LAW

11. DISPUTE RESOLUTION

12. CORRECTIONS

13. DISCLAIMER

14. LIMITATIONS OF LIABILITY

15. INDEMNIFICATION

16. USER DATA

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

18. MISCELLANEOUS

19. CONTACT US

1. OUR SERVICES

The content provided through our Services is not intended for distribution or use in any jurisdiction where such usage would be prohibited by law or where it would require us to meet additional regulatory or registration obligations.

Users who choose to access the Services from outside USA do so willingly and are fully responsible for complying with their local laws and regulations. We make no representation that the Services are appropriate or legally compliant in all geographic regions.

2. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights associated with our Services—including but not limited to source code, software, databases, website design elements, text, graphics, audio, video, photography, trademarks, service marks, and logos (collectively, the “Content” and the “Marks”)—are owned or licensed by us.

The Content and Marks are protected under applicable copyright, trademark, and intellectual property laws, both domestically and internationally. Provided that you comply with these Legal Terms, we grant you a limited, revocable license to access and use the Services solely for personal, non-commercial purposes.

Any unauthorized use—including reproduction, distribution, modification, or exploitation of the Content or Marks—may constitute a violation of intellectual property laws and may result in the immediate termination of your access to the Services.

We reserve all rights not expressly granted.

3. USER REPRESENTATIONS

By using the Services, you affirm and guarantee that:

1. You possess the legal capacity to enter into these Legal Terms.

2. You are not a minor according to the laws of your place of residence.

3. You will not use automated systems, bots, or scripts to access the Services.

4. You will not use the Services for any unlawful or unauthorized purpose.

5. Your use will comply with all applicable federal, state, and local regulations.

If you provide any information that is false, outdated, or misleading, we may suspend or permanently terminate your access.

4. PROHIBITED ACTIVITIES

You agree not to misuse or exploit the Services. Prohibited actions include but are not limited to:

• Extracting data to create databases or directories without permission

• Attempting to deceive or defraud us or other users

• Interfering with website security features

• Using information obtained from the Services to harass or harm others

• Submitting false support tickets

• Circumventing or attempting to bypass technical barriers

• Uploading malicious code, viruses, or harmful content

• Impersonating other individuals

• Interfering with or burdening network infrastructure

• Copying or reverse-engineering any part of our software

• Using the Services for commercial gain without authorization

Any violation of these restrictions may lead to legal consequences.

5. USER-GENERATED CONTRIBUTIONS

Our Services may permit users to submit, post, upload, or display content (“Contributions”), including text, media, feedback, comments, and other materials. These Contributions may be visible to other users and may also appear on third-party platforms.

You acknowledge that any Contributions you share are non-confidential and may be publicly accessible. You are solely responsible for your content and must ensure that your Contributions:

• Do not violate any laws

• Do not infringe on intellectual property rights

• Do not contain harmful, defamatory, or inappropriate materials

• Comply with all provisions of these Legal Terms

We reserve the right to remove or edit Contributions that violate our policies.

6. CONTRIBUTION LICENSE

By submitting Contributions, you grant us an unrestricted, transferable, royalty-free, perpetual, worldwide license to:

• host, reproduce, distribute, publish, and display your Contributions

• create derivative works

• sell or resell such Contributions

• use them for marketing or promotional purposes

You retain ownership of your Contributions, but you acknowledge that we assume no liability for any statements or representations contained within them.

We may edit, remove, or re-categorize Contributions at our discretion.

7. SERVICES MANAGEMENT

We reserve the right—but not the obligation—to:

1. Monitor the Services for policy violations

2. Remove or restrict access to Contributions

3. Take legal action against violators

4. Manage the Services to protect our rights, ensure proper functionality, and maintain performance

8. TERM AND TERMINATION

These Legal Terms remain effective while you use the Services. We may suspend or terminate your access at our sole discretion and without notice, including for violations of these Terms or applicable laws.

You are prohibited from attempting to create new accounts if your original account has been suspended or terminated.

9. MODIFICATIONS AND INTERRUPTIONS

We may modify, update, or remove parts of the Services at any time. We may also discontinue or alter features without notice.

We do not guarantee that the Services will always be accessible. Maintenance, technical issues, or unforeseen events may lead to downtime. You agree that we are not liable for any disruptions or data loss resulting from such interruptions.

10. GOVERNING LAW

These Legal Terms are governed by the laws of Arizona, without regard to conflict-of-law principles. Any disputes must be resolved in the appropriate courts or jurisdictions located in Arizona.

11. DISPUTE RESOLUTION

Informal Negotiation

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (a “Dispute”), the Parties agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice..

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules. The arbitration will take place in Springfield, Missouri.

Arbitration shall be limited to individual claims. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity

Exceptions

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

12. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

13. DISCLAIMER

The Services are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, non-infringement, and fitness for a particular purpose. We do not guarantee accuracy, reliability, or completeness of any content.

14. LIMITATIONS OF LIABILITY

We shall not be liable for any damages—including lost profits, lost data, or indirect, incidental, or punitive damages—arising from your use of the Services. Our maximum liability will never exceed the amount you paid to us, if any.

15. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its affiliates from any claims, losses, liabilities, or expenses arising out of:

1. Your use of the Services

2. Your violation of these Legal Terms

3. Your Contributions

4. Your violation of another party’s rights

16. USER DATA

While we maintain certain data for operational purposes, you are responsible for backing up your own data. We are not liable for any data loss, corruption, or recovery failure.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS & SIGNATURES

By using the Services, you consent to:

• receive electronic communications

• sign agreements electronically

• complete transactions digitally

These electronic signatures hold the same legal weight as handwritten signatures.

18. MISCELLANEOUS

These Legal Terms, together with any posted policies or notices, form the complete agreement between you and us. If any provision is found invalid, it will not affect the remaining provisions. No waiver of rights shall be interpreted as a continuous waiver of those rights.

19. CONTACT US

If you have questions, concerns, or complaints regarding the Services or these Legal Terms, please contact us:

• Company: Daniel Simmon

• Address: 469 S picnic Creek rd, Springerville, AZ 85938

• Email: support@danielsimmonshop.com

• Contact Page: Contact Us