Terms & Conditions of Use
Please read the following Terms & Conditions relating to your use of our website, app and mobile application (together, "App") carefully.
By using our App, you agree to these Terms & Conditions of Use ("Terms & Conditions"). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at any time. You should check these Terms & Conditions periodically for changes. By using this App after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use our App and, if applicable, you should arrange to cancel your registered user account or subscription with us.
1. Terms & Conditions
Unless we indicate otherwise, these Terms & Conditions apply to your use of the apps which are owned or operated by SimplyEasyWeb, LLC ("SEW") and our affiliates (collectively, "we," "us," or "our"), including, without limitation, this app and any other app that we may own or operate currently or in the future (collectively, our "App"). For purposes of these Terms & Conditions, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, SEW.
By using this App, you agree to be legally bound and to abide by these Terms & Conditions, just as if you had signed this agreement. If you do not comply with these Terms & Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this App (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the App, including, but not limited to, (i) restricting the time the App is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the App. You agree that any termination or cancellation of your access to, or use of, the App may be effected without prior notice. If you do not abide by the provisions of these Terms & Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and files in your user account and/or bar any further access to such information and/or files, or our App. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Apps.
2. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this App and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this App contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. Also, some materials are from the public domain and therefore no permission is needed to print, reproduce, or use. For instance there are material from the USDA online, etc.
All trademarks appearing on this App are trademarks of their respective owners. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other app or networked computer environment is strictly prohibited unless you receive our prior written consent.
3. Becoming a Pro User
You do not have to become a Pro user to use this App. However, if you do not become a Pro user, you may be precluded from using certain products, offerings, features, or resources of our App.
If you elect to become a Pro user of our App, you agree to provide us with true, accurate and complete information about yourself, and to maintain and promptly update the data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our App (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this App. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this App.
5. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this App, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this App. We do not control the Postings posted, emailed or otherwise transmitted on our App by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. You understand that by using this App, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this App.You agree not to use this App (including any discussion forums) to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but not limited to any user of this App, a director, officer, employee, shareholder, agent or representative of SEW, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with SEW, or our affiliates or any other person or entity;
7. Parental or Guardian Permission
Some of the Content on this App may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS APP. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before using our App.
8. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our App (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information: A physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner, identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this app are covered by a single notification, a representative list of such works), and information reasonably sufficient to allow us to locate the material on our App, your name, mailing address, and email address. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you we will delete it from the App.
9. Password and User Security
If you are a registered user of this App, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
10. Health Disclaimer
The Content on this App is presented in a summary fashion, and is intended to be used for educational and entertainment purposes only. It is not intended to be and should not be interpreted as medical advice or a diagnosis of any health or fitness problem, condition or disease; or a recommendation for a specific test, doctor, care provider, procedure, treatment plan, product, or course of action. SEW is not a medical or healthcare provider. Never disregard the medical advice of your physician or health professional, or delay in seeking such advice, because of something you read on this App. If you think you may have a medical emergency, call your physician or 911 immediately
11. Disclaimers of Warranties
The products, offerings, content and materials in this App are provided "AS IS" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement.
Neither SEW, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this App or any function contained in this App will be uninterrupted or error-free, that defects will be corrected, or that this App or the servers that make this App available are free of viruses or other harmful components.
Any product, offering, content and material downloaded or otherwise obtained through the use of this App is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material.
Neither SEW, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in this App in terms of their correctness, accuracy, reliability, or otherwise.
Further, please note that no advice or information, obtained by you from our personnel or through this App shall create any warranty not expressly provided for in these Terms & Conditions.
12. Limitation of Liability
You expressly understand and agree that we and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) The use or the inability to use this App; (b) The use of any content or other material on this App or any App or Apps linked to this App, (c) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this App; (d) Unauthorized access to or alteration of your transmissions or data; (e) Statements or conduct of any third party on our App; or (f) Any other matter relating to our App. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing our App. If you are dissatisfied with any portion of our App, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this App. If any portion of this limitation of liability is found to be invalid, liability is limited to the fullest extent permitted by law.
You agree to indemnify, hold harmless and, at our option, defend SEW and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this App or our products or offerings, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
SEW is based in Wilmington, Delaware, in the United States of America. SEW makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms & Conditions for any reason whatsoever: Limitation of Liability / Disclaimer of Warranties, Indemnification, User Submissions. Jurisdiction, and Complete Agreement. You expressly agree that exclusive jurisdiction for any dispute with SEW, or in any way relating to your use of the App, resides in the courts of the State of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Delaware in connection with any such dispute including any claim involving SEW or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms & Conditions are governed by the laws of the State of Delaware, without respect to its conflict of laws principles. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any of these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
(Last modified as of Jun 13 2014)