Introduction
Welcome to our website, thesimplynourish.com, and thank you for visiting. These Terms and Conditions outline the rules and regulations for the use of Simply Nourish® Dog Food, Cat Food’s website.
By accessing this website and using our services, you agree to be bound by these terms and conditions, including the privacy policy and any additional terms that may apply when you access particular services or materials on certain areas of the site.
Please read these terms carefully before using our website. If you do not agree to all of these terms, please do not use this website.
We may periodically change these terms, so please check back from time to time. By continuing to use our site after any changes, you agree to the revised terms.
Use of Website
You may use our website for informational, non-commercial purposes only. Any other use requires our express written permission.
You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, participate in the transfer or sale of, or create derivative works from the content on our website without first obtaining permission from Simply Nourish® Dog Food, Cat Food.
The materials provided on this website may be downloaded or printed solely for personal, informational, and non-commercial purposes.
Commercial use of website content and materials is strictly prohibited without express written consent from Simply Nourish® Dog Food, Cat Food. Unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Intellectual Property Rights
All website content, including text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, belongs to Simply Nourish® Dog Food, Cat Food or its content suppliers and is protected by United States and international copyright laws.
The compilation of all website content is the exclusive property of Simply Nourish® Dog Food, Cat Food and protected by U.S. and international copyright laws. All software used on our website belongs to Simply Nourish® Dog Food, Cat Food or its software suppliers and is protected by United States and international copyright laws.
Any unauthorized reproduction, distribution, modification, or republication of website content is strictly prohibited. You may not alter, publicly display, perform, distribute or reproduce website content in any way without express written permission from Simply Nourish® Dog Food, Cat Food. Use of website content on any other website or computer network for any purpose is strictly prohibited.
The Simply Nourish® Dog Food, Cat Food name and logo are trademarks and may not be copied, imitated or used without prior written permission. Other trademarks, registered trademarks, product names and company names mentioned on the site are the property of their respective owners.
Reference to any products, services, processes, or other information on the website by trade name, trademark, manufacturer, supplier or otherwise does not constitute an endorsement or recommendation.
User-Generated Content
You are prohibited from posting sexually explicit content, obscene, defamatory, libelous, threatening, harassing, hateful, racist or otherwise discriminatory content or messages, as well as content that encourages criminal conduct or violates intellectual property rights, as user-generated content on the website.
While we may monitor and review user-generated content, we do not control or endorse the content, messages or information found in any user-generated content on the website and specifically disclaim any liability with regard to our users’ actions or conduct.
Accounts and Registration
In order to access certain content, services, products or benefits on our website, you may be required to create an account, fill out a form with personal information or enter a user name and password to obtain access.
You agree that the information provided on any registration, application, or payment form you submit to us will be true, accurate, current and complete. You shall not impersonate any other person or entity or use a name or email address that you are unauthorized to use.
If any of your account information changes, you must update it promptly to maintain accuracy. You are responsible for maintaining confidentiality of your user name and password, and you accept responsibility for any activities that occur under your account. You agree to notify us immediately of any unauthorized use or breach of your user name, password or account.
We reserve the right to refuse registration, refuse service, or terminate accounts in our sole discretion.
Privacy Policy
Please review our Privacy Policy to understand how we collect, use, and store information about visitors to our website and customers who utilize our services. The Privacy Policy is incorporated by reference into these Terms and Conditions.
Warranty Disclaimers
The website and services are provided “as is” without warranty of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, regarding the accuracy, validity, reliability, availability or completeness of content and services.
While we strive to keep website content and services accurate and up-to-date, we do not warrant the accuracy, completeness, or timeliness of the content, services, text, graphics, links or any other items.
We do not warrant that the website or services will meet your needs or that the website or services will be uninterrupted, secure, complete or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other content. We specifically disclaim any liability with regard to your access or use of website content or services.
The website content and services are provided for informational and entertainment purposes only and are not intended for trading or investing purposes. No content or service should be construed as professional advice of any kind, including, but not limited to, financial, tax, legal or other advice. We do not warrant or guarantee the accuracy, completeness, or timeliness of or results that may be obtained from using the website or services.
Any reliance you place on website content or services is strictly at your own risk. We disclaim any liability for loss or damage resulting from your reliance on website content or services.
You agree to indemnify, defend and hold us harmless from and against any third-party claims, liabilities, damages, losses or expenses arising out of your use of website content or services, including reasonable attorney’s fees and costs.
Limitation of Liability
Under no circumstances, shall Simply Nourish® Dog Food, Cat Food or its suppliers, advertisers, affiliates, directors, officers, employees or other representatives be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or connected with the use of or inability to use the website or services.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or other legal theory, and even if we knew or should have known about the possibility of damages.
Because some states or jurisdictions do not allow certain exclusions or limitation of liability, parts of the above limitation may not apply to you. In such cases, liability is limited to the fullest extent permitted by law.
Indemnification
Upon request, you agree to defend and indemnify Simply Nourish® Dog Food, Cat Food, its parents, subsidiaries, affiliates, officers, directors, employees, shareholders, agents, licensors and suppliers from and against liabilities, investigations, inquiries, actions, fines, penalties, losses, damages, costs or expenses of any kind arising out of or related to 1) your access or use of website content or services; 2) any user content you supply; 3) your violation of these terms; 4) your violation of any rights of another party; or 5) your conduct in connection with the website or service. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification.
Links to Third-Party Websites
The website and services may contain links or connections to third-party websites or services that are not owned or operated by Simply Nourish® Dog Food, Cat Food or its affiliates. When you click on links to third party sites, you leave our website.
We are not responsible for the content, accuracy or opinions expressed on third party websites. Website content, services and promotions offered through third party websites are not verified, endorsed or controlled by Simply Nourish® Dog Food, Cat Food. We do not exercise control over third-party content or services. We provide third-party links only as a convenience.
Your use of third-party content and access to third-party sites is solely at your own risk. Third-party content is governed by the terms and policies of the specific website. We encourage users to review the privacy policies and terms and conditions on linked sites.
Modifications and Termination of Website and Services
We reserve the right at any time, for any reason, without notice or liability to suspend, terminate or discontinue the website or any services provided through the website.
We may periodically modify, enhance, update or implement changes to the website content, services and policies. We reserve the right to modify and amend policies at any time without prior notice. Please review these terms regularly for updates. Your continued access or use of the website shall be deemed your acceptance of changes and modifications.
Dispute Resolution
We will try work in good faith to resolve any issue you may have with the website or services. You agree to provide us with thirty (30) days to resolve the dispute prior to taking any action. Any unresolved disputes shall be subject to arbitration in the state of Washington in accordance with the rules of the American Arbitration Association. The losing party shall pay all costs and expenses, including reasonable attorney’s fees for the prevailing party. For any dispute not subject to arbitration you agree to submit to the personal and exclusive jurisdiction of the state or federal courts located in Washington. The failure of Simply Nourish® Dog Food, Cat Food to exercise any right under these terms shall not constitute a waiver of our rights.
Choice of Law and Jurisdiction
These terms shall be governed by the laws of the State of Washington, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms shall be in an appropriate state or federal court located in Washington.
Severability
If any provision of these terms is found to be invalid or unenforceable by any court, the invalidity or unenforceability of such provision shall not affect the other provisions of these terms, all of which shall remain in full force and effect.
Entire Agreement
These terms constitute the entire agreement between the parties with respect to use of the website and services. These terms supersede any other agreement, proposals and communications, whether written or oral, between the parties relating to the subject matter of these terms.
