Thanks for visiting SimplyModern!
In this Agreement, “you” and “your” refer to each user of the Site and the Services. This Agreement sets forth the terms and conditions for your use of the Site and its Services. By using the Site and/or the Services, you are agreeing to these terms and conditions. Please read them carefully.
SM grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided thereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
Copyright and Trademarks
All materials available on the Site and through the Services, including without limitation text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings, (collectively, the “Content”) are owned or controlled by SM or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including without limitation our product reviews and ratings for any public and/or commercial use without the prior written permission of SM. You may not download, republish, transmit, reproduce or otherwise use any Site photographs or videos as a stand-alone file.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of SM or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of SM or the relevant Affiliate. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of SM;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that SM sponsors or endorses or
Health Content and Usage
The Site and the Services contain educational information concerning health and safety, diet and nutrition advice, exercise and fitness, and information about treatments and drugs, including alternative medicines. This information is intended for you to use in discussions with your physician or
SM follows a rigorous editorial process to ensure that health-related information available via our Site is accurate and describes generally accepted clinical practices. If SM
Notice of Copyright Infringement
We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below. You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) (“Notice”) to the agent we have designated with the Copyright Office:
Manager of Legal Services Email: email@example.com
To comply with the Copyright Act, your Notice must be in writing and must include:
(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note: the email address of our Designated Agent is intended specifically for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. §512. It is not intended for general inquiries and permission requests concerning the use of our content. If you wish to request permission to reproduce any of our content, please email us at firstname.lastname@example.org or fill out our contact form.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site and its related communications, like its email newsletter, is at your sole risk. SM reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that SM is not responsible for any materials posted by users of the Site or Services. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither SM nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
Please note that if you sign up to our email newsletter, you expressly consent to our communicating with you about our curated products and services using the email you provided to us and acknowledge that we have the authority to contact you via this email address.
No-Commercial Use Policy
You agree to use the Site and services you purchase through our Site only in a noncommercial manner. You specifically agree not to post, transmit or otherwise distribute to the Site any material containing any solicitation of funds, advertising, or solicitation for goods or services. We encourage you to report any apparent violation to us at email@example.com or via our contact form.
Links to Other Sites
You represent and warrant to SimplyModern that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
You hereby agree to indemnify, defend and hold harmless SM and its Affiliates from and against any and all liability and costs incurred by SM or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. SM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SM.
Disclaimer of Warranty
Except as expressly set forth herein, the site (including all content, software, functions, materials, and information made available thereon or accessed by means thereof) are provided “As is” and “As available.” SM does not warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, that the site will meet any particular criteria of performance or quality, or that the site, including the site tools or the server(s) on which the site is operated, are free of viruses or other harmful components.
To the fullest extent permissible by law, SM and its affiliates disclaim all express or implied warranties of any kind, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose (whether or not the purpose has been disclosed), compatibility, security, accuracy, or non-infringement.
Limitation Of Liability
Use of the site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the site.
Under no circumstances shall SM or its affiliates, or their respective directors, officers, employees, and agents, or any third-party provider of telecommunications or network services, site software, or site content for SM or its affiliates, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the site, even if SM its affiliates, or their providers of telecommunications or network services, content or software has been advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory.
The total liability of SM and its affiliates hereunder is limited to the amount, if any, actually paid by you for access to and use of the paid services or other subscription or membership-based services and the mobile services. You hereby release sm and its affiliates from any and all obligations, liabilities, and claims in excess of this limitation.
Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.
In addition to any other rights of the parties set forth herein, SM may cancel or terminate this Agreement at any time. SM also reserves the right to restrict, suspend or terminate your access to the Site in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If SM terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, SM reserves the right to refuse to provide access to the Site to you in the future.
SM has the right to modify this Agreement and any policies affecting the Site and the Mobile Services, including without limitation the No-Commercial Use Policy. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail. Your continued use of the Site shall be conclusively deemed an acceptance of all such modification(s).
SM has the right to modify, suspend or discontinue the Site at any time, including the availability of any area of the Site. SM may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services without notice or liability.
This Agreement constitutes the entire agreement between you and SM with respect to the Site and supersedes all prior agreements between you and SM. Failure by SM to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Massachusetts or Delaware (excluding its choice of law rules). All claims arising out of or relating to this Agreement will be litigated exclusively in the federal or state courts of Norfolk county, Massachusetts, USA and you consent to personal jurisdiction in those courts. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
The following sections of this User Agreement do not apply to New Jersey residents or transactions: Indemnification, Disclaimer of Warranty, Limitation of Liability, and the first section of General.