Website Use and Content
Whether you use this site as a casual visitor, guest, registered user, licensee, or as a member of Simply Nourished’s programs, you are agreeing to certain terms, which are clearly outlined below. Please read this agreement carefully. We may change this agreement from time to time, and by using the site you are agreeing to the terms as they are updated and changed, whether or not you have read them. If at any time you do not agree with these terms, please do not use the Website.
If you have purchased a program or subscription or otherwise entered into an agreement with us you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.
We try to ensure Website availability is uninterrupted and transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including; to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.
Although every effort is made to ensure the accuracy of published information on or through this Website, the Website may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the site or in documents referenced by or linked to the site.
Intellectual Property Rights
The content, layout, design, data, databases and graphics on this Website are protected by United States intellectual property laws and are solely owned by Simply Nourished unless otherwise indicated.
This Website and all the materials available on the Website are the property of Simply Nourished and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
If you purchase or access any materials through or on this Website, you will be considered a licensee of Simply Nourished. For the avoidance of doubt, all content obtained through Simply Nourished is the property of Simply Nourished, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you purchase or access any materials through or on this Website, you expressly agree that you will not steal our content. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to you herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.
In addition, as a licensee, you understand and acknowledge that the information obtained on or through this Website has been developed or obtained by Simply Nourished through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of Simply Nourished which needs to be protected from improper and unauthorized use.
You may, however, download and/or print pages of the public Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the information was obtained.
You may not in any way use, copy, adapt or represent any of our material in any way as if it is yours or created by you.
By downloading, printing, or otherwise using the material on this Website for personal use you in no way assume any ownership rights of that material.
Unless otherwise explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material obtained on or through the Website, including through an individual or group program, e-book, private Facebook or Website forum, or class, or through any other means for commercial use, or for use in any way that earns you money, and you must seek our permission before using any of our materials or content from this Website for your own business use or before sharing with others.
All rights not expressly granted in these terms or any express written license, are reserved by Simply Nourished.
The trademarks and logos which are displayed on the Websites are the trademarks of Simply Nourished. Any use including framing, metatags or other text utilizing Simply Nourished’s trademarks, or other trademarks displayed, is strictly prohibited without the express written consent of Simply Nourished.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, photos, videos and forum comments) to us via the Website or Portal, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen (13) years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant that include the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing
You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of your site by us or by the Website. However, you may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another Website or other service any of our material, content or intellectual property.
Use Of Our Intellectual Property
Any request for permission of our content or images, or other use of our intellectual property not authorized under the purchase should be made using the “Contact Us” form on the Website or by sending an e-mail to email@example.com.
Simply Nourished takes every precaution to protect our users’ information. When users submit sensitive information via the Website, all information is protected both online and offline. But, due to the nature of the Internet, Simply Nourished cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk. Simply Nourished has security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Simply Nourished’s Website may contain links including hyperlinks which may take you outside Simply Nourished’s – owned or controlled websites. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. Simply Nourished has no control over the contents or functionality of those sites and accepts no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside the Simply Nourished Website, and such website use will be subject to those linked websites’ relevant terms and conditions and privacy policies. It is your responsibility to review the terms and conditions and privacy policies of those websites to confirm that you understand and agree with those policies, even if you have given us verbal or written permission to serve as your agent in signifying your agreeing to them.
You may be required to register with the Sites. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Mobile Application License
You agree you shall not:
- decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
- make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
- violate any applicable laws, rules, or regulations in connection with your access or use of the application;
- remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
- use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
- use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
- use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
- use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Digital Millennium Copyright Act (DMCA) Notice and Policy
We respect the intellectual property rights of others. If you believe that any material available on or through the Sites infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”).
A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Sites infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Sites are covered by the Notification, a representative list of such works on the Sites;
- 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;
- information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- a statement that the complaining party has 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;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Sites as a result of a mistake or misidentification, you may submit a written counter notification to us using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
- a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
- your name, address, and telephone number;
- a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- your physical or electronic signature.
- If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Copyright Contact Details
RE: Copyright Notification
1058 South Gaylord St
Denver, CO 80209
To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy.
Simply Nourished tries to ensure that our Website is available for use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our Website will be available. To the fullest extent permitted by law, Simply Nourished will be not be liable to you for damages or refunds should our site become unavailable or access to the site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the our Website inaccessible to you.
As visitors to this Website and as a Licensee, you agree that you are using your own judgment in using the information provided on and through this Website, which is done at your own risk.
THE INFORMATION OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
The content obtained on or through this Website is designed for non-medically trained individuals. Simply Nourished does not offer medical advice and should not be relied upon as a replacement for consultation with a doctor or other health professional.
The content obtained on or through this Website is for informational and educational purposes only. It is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, spiritual counselor, or any other licensed or registered health care professional.
Do not disregard professional medical advice or delay seeking professional advice because of information you have read on this Website or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.
We are not providing health care, or medical services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. You assume all risks and no results are guaranteed. We merely provide you with education and tools to help you make your own health care decisions in a way that is right for your own body, mind and spirit.
Simply Nourished does not provide any conclusive checklists, endorse drugs, diagnose patients, or recommend therapy. Licensees should use your own judgment in using the information provided on and through this Website, which is done at your own risk.
By using our Website, in any way or for any reason, you also implicitly agree to our full Disclaimer.
Limitation of Liability
You agree at all times to defend, indemnify and hold harmless Simply Nourished and our employees, staff, consultants, agents, interns, business managers, team members, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with Simply Nourished from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPLY NOURISHED EXPRESSLY EXCLUDES:
i. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE OR COMMON LAW;
ii. ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;
iii. ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND
iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSEOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS.
INFORMATION ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Although every effort is made to ensure the accuracy of published information on or through this Website, the Website may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. Simply Nourished assumes no responsibility for errors or omissions on the site or in documents referenced by or linked to the site.
Under no circumstances, including, but not limited to negligence, shall we, our employees, staff, consultants, agents, interns, business managers, team members, owners, directors, shareholders, affiliates, joint venture partners, or anyone else affiliated with Simply Nourished be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use our Website, or third-party materials, programs, products, or services made available through the Website, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such state law.)
You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future results that may be obtained from your access to or participation in our Website.
Simply Nourished may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; (b) protect and defend our rights or property or those of our users; and (c) act as immediately necessary in order to protect the personal safety of our users or the public.
You must not use Simply Nourished’s Website in any way that causes or is likely to cause the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to Simply Nourished. You must use the Website for lawful purposes only. You must not use the Website for any of the following, including but not limited to:
- For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing racist, abusive, threatening, defamatory, invasive of privacy, in breach of confidence, infringes any intellectual property rights; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam;
- To cause annoyance, inconvenience or needless anxiety;
- To impersonate any third party or otherwise mislead as to the origin of your content; and