· "Sites" or "Simply" shall include any information or services made available by Simply, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Sites, or any part of the Sites, with or without notice. You agree that we shall not be liable to you for any such action.
· The Sites are not intended for users under 13 years of age. If you are under 13, do not use the Sites and do not provide us with any personal information. The Sites are designed for those people who reside in the United States or any of its territories and possessions. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
4. Intellectual property. Limited license.
The terms Simply, Simplypets.com, and other Company trademarks and services marks, and associated logos and all related names, logos, product and service names, designs and slogans are trademarks of Simply or its affiliates or licensors. You must not use such marks without the prior written permission of Simply. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.
If you believe content on the Sites violates your copyright, please see our DMCA Policy, below.
5. No reliance on information posted on the Sites, including User Contributions or content by independent contributors such as Experts or Guides.
· We do not have an obligation to, and you should not expect us to review content on our Sites, including User Contributions or contributions by our independent contributors known as "Experts" or "Guides."
Although Simply and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, and other user and member generated pages on the Sites, we are under no obligation to do so. You acknowledge that we do not control the information available on Site forums, chat rooms and other user and member generated pages and that any opinions, advice, services, offers or other information or content disseminated through the Sites are those of their respective authors, including users, Experts, Guides and other writers and contributors, who are solely liable for their content. We reserve the right, in our sole discretion, to edit, refuse to post or remove any material submitted to or posted through the Sites.
· Simply our Experts.
Simply seeks out content providers in particular subject matters as independent contributors who publish the content they write (click here to find out Simply becoming an "Expert"). However, Simply does not represent or guarantee that any 'Expert' or 'Guide' has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, without limitation, as to the subject matter to which their contributions relate. We may refer to each of these contributors as an 'Expert' or 'Guide', but you must understand we rely on the information they provide us and we do not independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. Simply also does not monitor or independently research or verify any content they contribute. Contributors, even if characterized as 'Expert' or a 'Guide', are not employees of Simply or its affiliates and Simply cannot and does not represent or warrant the accuracy, completeness or truthfulness of the qualifications or credentials of any contributor, nor of any other users of the Service or Sites. Each Expert or Guide has a biography posted on the Site where the Expert or Guide describes their own experience.
· Don't rely on site content, including User Contributions and content from independent contributors known as Experts or Guides. Content, articles, materials, information and postings by contributors are provided purely for general information purposes only and can never take into account your unique, personal circumstances and needs. Never rely upon such general information in making decisions Simply specific situations, or use it as a substitute for in-person evaluation or professional advice (including, without limitation, medical, legal, tax, financial or veterinary issues), even if from individuals Simply characterizes as an 'Expert' or a 'Guide.' You acknowledge and agree that any reliance or actions you take in violation of your agreement with us, shall be at your sole and exclusive risk and Simply shall have no responsibility or liability to you whatsoever. You also acknowledge and agree that communications on or through the Service, whether with content providers or other users, are at your own risk and are not covered by any privilege or confidentiality obligation that might apply if you were to obtain your own professional advice (e.g., attorney-client; doctor-patient).
6. Prohibited uses.
· In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
· For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
· To impersonate or attempt to impersonate Simply, an Simply employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Simply or users of the Site or expose them to liability.
Additionally, you agree not to:
· Use the Site in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
· You agree not to "scrape" or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
· Use any device, software or routine that interferes with the proper working of the Site.
· Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
· Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Site.
7. Content that you make available on the Sites. User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.
If you voluntarily disclose personal information (e.g., user name, email address) on the Sites, such as on a forum, chat room or on any other user or member generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on our Sites.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
The Sites may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Site.
· Send e-mails or other communications with certain content, or links to certain content, on this Site.
· Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
· Monitoring and enforcement - termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Disclose your identity or other information Simply you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
· Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote or assist any unlawful act.
· Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
8. Your indemnification of us.
9. WARRANTY DISCLAIMER.
10. LIABILITY DISCLAIMERS.
· GENERAL DISCLAIMERS.
YOUR USE OF THE SITES IS AT YOUR OWN RISK. NEITHER, SIMPLY, INC., IAC/INTERACTIVECORP, NOR ANY OF THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING EXPERTS OR GUIDES) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES AND THE INFORMATION AVAILABLE ON THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SIMPLY, INC., IAC/INTERACTIVECORP AND THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING EXPERTS OR GUIDES) ARISING OUT OF YOUR USE OF THE SITES AND THE INFORMATION AVAILABLE THEREON.
· PROFESSIONAL MEDICAL AND THERAPEUTIC ADVICE DISCLAIMERS.
THE SITES OFFER HEALTH, FITNESS AND NUTRITIONAL INFORMATION DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW NUTRITIONAL OR FITNESS PROGRAM.
· YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SITES, INCLUDING AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS SIMPLY YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON A SITE. THE USE OF ANY INFORMATION PROVIDED ON A SITE IS SOLELY AT YOUR OWN RISK.
· NOR SHOULD YOU RELY ON ANY INFORMATION ON THE SITES AS, OR AS A SUBSTITUTE FOR, PROFESSIONAL COUNSELING CARE, INCLUDING WITHOUT LIMITATION, PSYCHIATRY, PSYCHOTHERAPY, OR OTHER MENTAL HEALTH OR REHABILITATION TREATMENT, DIAGNOSIS OR ADVICE.
· FURTHER, AS MEDICAL RESEARCH AND SCIENCE EVOLVE, THE ADVICE CONTAINED ON THE SITES WILL NOT ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR SUBJECT MATTER.
11. Third party links, advertisements, websites and content.
We do not review or monitor any web sites, advertisements, or other media linked to or available through the Sites and are not responsible for the content of any such third party advertisements or linked web sites. Prior to purchasing any third party products or services described on the Sites, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither Simply nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives or licensors shall have any liability arising from your purchases of third party products or services based upon the information provided on the Sites, and we shall not receive or review complaints regarding such purchases.
13. Limitation on time to file claims.
14. Waiver and severability.
15. Entire agreement.
16. DMCA Policy.
Simply deals with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information on the site that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Sites without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent (Legal), Osinski Law Office PLLC 535 Dock St STE 108 Tacoma, WA 98402 or in email to email@example.com This contact information is only for suspected copyright infringement. Please include the following:
· Your physical or electronic signature.
· Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.
· Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise url (web page) that it appeared on, along with any copies you have of that web page.
· Adequate information by which we can contact you (including your name, postal address, telephone number and e-mail address).
· A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
· A statement that the information in the written notice is accurate.
· A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
· Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees).
17. Your Comments and Concerns
This website is operated by Simply Pets LLC. 620 South Orcas Street- #80651 - Seattle, Washington 98108
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to firstname.lastname@example.org. Thank you for visiting the Site.