WEBSITE TERMS OF USE AND NOTICES

The Simple Truth website (“Website”) is owned, operated, and maintained by Graphically Speaking, Inc., dba Simple Truth Communication Partners, LOCATED in Chicago, Illinois (“Simple Truth”).

ACCEPTANCE OF TERMS

The Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. If you do not agree to be bound by the terms and conditions, promptly exit this site.

Simple Truth reserves the right to change the terms, conditions, and notices concerning use of the Website without notice. You are responsible for regularly reviewing these terms and conditions posted on other sections of the Website. Your continued use of the Website constitutes your agreement to all such terms, conditions, and notices.

SITE LICENSE AND ACCESS

Simple Truth grants you a limited revocable license to access and make personal use of this site. Unless otherwise specified, the Website is for your personal and non-commercial use. You may not download, modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information or any portion of the Website without the express written consent of Simple Truth. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Simple Truth and/or its affiliates without express written consent of Simple Truth. You may not use any meta tags or any other “hidden text” utilizing Simple Truth’s name or trademarks without the express written consent of Simple Truth. Any unauthorized use terminates the permission or license granted by Simple Truth.

You may not create a link to the Simple Truth Website without express written permission of Simple Truth. If permission is granted, such permission will consist of a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Simple Truth Website (www.yoursimpletruth.com) so long as the link does not portray Simple Truth, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Simple Truth logo or other proprietary graphic or trademark as part of the link without express written permission of Simple Truth.

Simple Truth reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Website or any portion thereof at any time, without notice.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website (or the network(s) connected to the Website) or interfere with any other party’s use and enjoyment of the Website.

PRIVACY AND COLLECTION OF PERSONAL INFORMATION

Information collected about you is subject to our Privacy Policy, available below. You understand that through your use of the Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use.

DISCLOSURE

Simple Truth reserves the right to disclose any Personal Information about you or your use of the Website, including its contents, without your prior permission if Simple Truth has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process and/or (2) enforce the Terms of Use. Simple Truth’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Simple Truth’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Simple Truth with respect to such use.

SUBMISSIONS

“Submissions” means any information or materials that you post, upload, submit, communicate, or otherwise distribute (“Communicate”) on or through the Website. You hereby grant us and our licensees, distributors, agents, representatives, and other authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid-up, royalty-free, sub-licensable, and transferable (in whole or part) license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property and other proprietary rights that you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, and otherwise exploit any Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes, including entertainment, news, advertising, promotional, marketing, publicity, trade, or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.

By Communicating any Submission, you represent and warrant as follows:

(a) You own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to Communicate the Submission and to grant us the rights and licenses granted in these terms and conditions.

(b) The Submission is not defamatory, abusive, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, sexually explicit, or offensive.

(c) The Submission does not harm or threaten to harm any person.

(d) The Submission is not illegal, and the Submission does not encourage or advocate illegal activity or the discussion of illegal activities with the intent to commit them.

(e) The Submission does not infringe or violate any right of a third party, including: (i) any copyright, patent, trademark, trade secret, or other proprietary or contractual right; (ii) any right of privacy or publicity; or (iii) any confidentiality obligation.

(f) The Submission is not commercial- or business-related, and it does not advertise or offer to sell any products or services (whether or not for profit) or solicit others (including solicitations for contributions or donations).

(g) The Submission does not contain a virus or other harmful component, tamper with, impair, or damage the site or any connected network, or otherwise interfere with any person’s or entity’s use or enjoyment of the site.

(h) The Submission generally pertains to the designated topic or theme of the relevant portion of the Website and is not antisocial, disruptive, or destructive (e.g., “flaming,” “spamming,” “flooding,” and “trolling,” as those terms are commonly understood and used on the Internet). We reserve the right, but disclaim any obligation or responsibility, to (i) refuse to post or communicate or remove any Submission from the Website that violates these terms of use and (ii) identify any user to third parties and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either facilitate compliance with laws, including, for example, compliance with a court order or subpoena or help to enforce these terms of use and/or protect the safety or security of any person or property, including the Website. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

TRADEMARKS

All trademarks and trade dress that appear on the Website (“Trademarks”) are trademarks/trade dress or registered trademarks/trade dress of Simple Truth (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.

The Trademarks are valuable assets of Simple Truth and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Simple Truth and, as such, may only by used by Simple Truth or other authorized persons or entities for the benefit of Simple Truth and only in connection with the products and services authorized by Simple Truth. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Simple Truth, its affiliates, subsidiaries, or parent companies is strictly prohibited.

You may not use any of the Trademarks in any manner without the prior written consent of Simple Truth. Any unauthorized use is expressly prohibited by law, and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

COPYRIGHT

All content that is made available to view and/or download in connection with the Simple Truth Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations (“Content”), is owned by and is the copyrighted work of Simple Truth and is protected by United States copyright laws and international treaty provisions. The compilation of all Content on the Website is the exclusive property of Simple Truth and is protected by United States copyright laws and international treaty provisions. All software used on this site is the property of Simple Truth and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content and/or software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent.

Send notifications to: Adam K Sacharoff, Esq., Much Shelist Denenberg Ament & Rubenstein, P.C., 191 N. Wacker Drive, Suite 1800, Chicago, Illinois 60606. Fax: 312-521-2775; asacharoff@muchshelist.com.

LINKS TO THIRD-PARTY SITES

The Website may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under the control of Simple Truth, and Simple Truth is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. Simple Truth is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Simple Truth responsible if the Linked Site is not working appropriately. Simple Truth is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Simple Truth of the site or any association with its operators. You are responsible for viewing, being aware of, and abiding by the privacy statements and terms of use posted at the Linked Sites.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

IN NO EVENT SHALL WE AND/OR OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, CONTENT, SOFTWARE, PRODUCTS, MATERIALS, AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR ANY OF OUR LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE.

Although Simple Truth attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Simple Truth so that it can be corrected. Information contained on the Website may be changed or updated without notice.

INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives, and other authorized users, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, costs, and expenses (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Website and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim subject to indemnification hereunder. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any such claim.

APPLICABLE LAW

All disputes against Simple Truth, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; Simple Truth’s trademarks, copyrights, patents, trade secrets, trade dress, and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of Illinois, U.S.A., and shall be submitted to a state or federal court in the State of Illinois, including but not limited to the courts in Cook County, Illinois, U.S.A., and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.

SEVERABILITY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Simple Truth with respect to the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Simple Truth with respect to the Website. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

ELECTRONIC RECORDS AND COMMUNICATIONS

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

PRIVACY POLICY

Graphically Speaking, Inc., dba Simple Truth Communication Partners, LOCATED in Chicago, Illinois (“we” or “our”), is committed to respecting the privacy of its online visitors to this website (this “Website”). This privacy policy discloses our privacy practices regarding the information we collect from our online visitors and how we use such information.

Information Gathering and Use

We may collect two general categories of information from you: personal information and non-personal information. Personal information consists of any information that can be used to specifically identify you as an individual. Non-personal information consists of any other information that does not reveal your personal identity, including aggregate information (i.e., information presented in summary or statistical form which does not contain data that would permit the identification of a specific individual without extraordinary effort).

At times, this Website may ask visitors to submit personal information, and submission of personal information may be required to access certain portions or features of this Website. We collect this information for a variety of business purposes, including but not limited to personalizing your web experience, informing you of special marketing offers and/or available products and services, and responding to requests for information. In all cases, however, the provision of personal information is voluntary. Any personal information provided by users who register or submit content with this Website is submitted at the user’s discretion.

When you submit personal information to us, you understand and agree that we may share your personal information as permitted or required by law. In addition, we may share your personal information with our affiliates and with other reputable companies in our efforts to offer you additional products and services. If you do not want the information you provide to us to be shared with other companies, please indicate this preference when you provide the information to us, or send us an email with a request that we not share your personal information.

You understand and agree that we may disclose information you provide if required to do so by law, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests, or orders from law enforcement or any legal process (whether or not such disclosure is required by applicable law) or (2) protect or defend our, or a third party’s, rights or property. In addition, you understand and agree that we may transfer any information you provide in connection with a merger with a third party or a sale or transfer of all or a portion of our business or assets to a third-party acquirer.

We use “cookie” technology to provide users with a better overall web experience. Cookies simply store alpha-numeric information to control the flow of data. Personal information (such as a user’s identity) is NOT stored in a cookie and cannot be accessed by “peeking” at a user’s cookies.

Visitors to this Website who communicate with us and supply us with contact information may receive future communications by email, direct mail, or telephone. If you do not wish to receive correspondence from us, you can send us an email with a request to be removed from our contact list.

Links to Other Sites

We may provide links on this Website to other websites. These links will take you to different sites operated under different privacy practices. When leaving this Website, we recommend that you check the privacy policy of the site you are visiting before sharing information, as we have no control over information that is submitted to these other sites.

Information Tracking

We use web software to track the number of visitors to this Website. The data we collect includes the pages of this Website that are most often visited and the domains from which people visit this Website. We analyze this data for trends and use it to help us determine how to provide more useful information to visitors. No personal information is collected during the tracking process.

Your California Privacy Rights

California Civil Code Section 1798.83 (also known as the “Shine The Light” law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request by email.

Protecting Children’s Privacy

We do not target this Website or its services to any child under the age of 13 and, in compliance with the Children’s Online Privacy Protection Act (COPPA), any personal information we may receive from any users that we believe to be under the age of 13 will be promptly purged from our database. No personal information from any such user will be collected, stored, or disclosed.

Acceptance of Privacy Policy

Your use of this Website, including any dispute concerning privacy, is subject to this privacy policy and the terms and conditions of any applicable license agreement or terms of use. BY USING THIS WEBSITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND THE APPLICABLE TERMS AND CONDITIONS OF ANY SUCH LICENSE AGREEMENT OR TERMS OF USE.

If we decide to change our privacy policy, we will post the changes or an updated version of the privacy policy to this privacy policy page, and we may also notify you of material changes to this privacy policy by other means (such as email) at our discretion and as we may deem appropriate, so that you are aware of the information we collect, how we use it, and the circumstances (if any) under which we disclose it. We reserve the right to modify this privacy policy at any time, so please return to this page frequently.

Your continued use of any portion of this Website following posting of any changes to this privacy policy or an updated version of this privacy policy will constitute your acceptance of the changes or updates.

Effective Date of Privacy Policy

This privacy policy was last revised on June 1, 2011, and is effective as of that date.

Who May I Contact If I Have Questions?

If you have questions about our privacy policy, any information you have submitted, or the use of any information collected by us, please contact us by email or write to us at Simple Truth, 314 West Superior Street, Suite 300, Chicago, IL 60654.