Terms of Use

Terms of Use


Acceptance of Terms


These Terms of Use are entered into by and between You and Simply Good Foods USA, Inc., and its affiliates, including Quest Nutrition, LLC, (“Simply Good", or “We" or “Our"). By accessing, browsing and/or using this website, or any website owned or controlled by Simply Good, as listed below, You acknowledge that You have read, understood, and agree, to be bound by these Terms of Use and to comply with all applicable laws and regulations. If You do not agree to these terms, do not use this website. The Content (as defined below in the Member Conduct section) provided on this Site is protected by law, including, but not limited to, United States Copyright Law. Persons who choose to access Our website (www.thesimplygoodfoodsco.com) (the “Site") from locations outside the Unites States do so on their own initiative and are responsible for compliance with applicable local laws.


Changes to the Terms


We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. 
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.


Simply Good Privacy Policy


Registration Data and certain other non-personally identifying information about You are subject to our Privacy Policy. For more information, see the full Privacy Policy on the Site. You understand that through Your use of the Site You consent to the collection and use of personal information (as set forth in Our Privacy Policy).


Indemnity


You agree to indemnify and hold Simply Good and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of anything You submit, post, transmit, modify or otherwise make available through the Site, or by Your use of the Site, or Your violation of any rights of another.


No Commercial Reuse of Content


You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any material or Content of any kind You see, download or otherwise access on the Site.


Modifications to Site


We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Site (or any part thereof).


Termination


You may terminate Your registered account and any associated email address by submitting such termination request by email to SMPLPrivacy@thesimplygoodfoodsco.com or click the Unsubscribe button at the bottom of an email from the Site.
You agree that We may, without prior notice, immediately terminate, limit Your access to or suspend Your registered account, any associated email address, and access to the Site for cause. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of these Terms of Use, (b) requests by law enforcement or other government agencies, (c) unexpected technical or security issues or problems and/or (d) engagement by You in fraudulent or illegal activities. Further, You agree that all terminations, limitations of access and suspensions for cause shall be made in Our sole discretion and that We shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Site.


Links


The Site may provide links to other World Wide Web sites or to websites of third parties. You acknowledge and agree that We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.  


Simply Good's Proprietary Rights


You acknowledge and agree that Content contained in or information presented to You through the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Us or the applicable licensor, in writing, You agree not to modify, sell, distribute, transmit, broadcast, or create derivative works based on such Content, in whole or in part, for any commercial use or for any other purpose whatsoever.


Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIMPLY GOOD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 
B. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIMPLY GOOD OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.


LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIMPLY GOOD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, 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), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITES; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SIMPLY GOOD SITE; (C) ANY CONTENT, CONTRIBUTIONS, UNSOLICITED CONTRIBUTIONS OR POSTINGS OF ANY KIND WHATSOEVER, OR (D) ANY OTHER MATTER RELATING TO THE SIMPLY GOOD SITE.


Trademark Information


You agree that all of Simply Good's trademarks, trade names, service marks and other Simply Good logos and brand features, and product and service names are trademarks and the property of Simply Good (the "Simply Good Marks"). Without Simply Good's prior written permission, You agree not to display or use in any manner the Simply Good Marks.


Notice and Procedure for Making Claims of Copyright or Intellectual Property


Simply Good respects the intellectual property of others, and we ask our users to do the same. Simply Good may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Simply Good the following information:


A. A description of the copyrighted work or other intellectual property that You claim has been infringed; 
B. A description of where the material that You claim is infringing is located on the site; 
C. Your address, telephone number, and email address; 
D. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
E. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.


Simply Good's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Simply Good Foods USA, Inc. 


Attention: Legal Department
1225 17th Street, Suite 1000
Denver, CO 80202

General Information


Choice of Law and Forum. You and Simply Good each agree that these Terms of Use and the relationship between the parties shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms of Use, or the relationship between You and Simply Good, shall be brought exclusively in a state of federal court located in the City and County of Denver, Colorado, and You and Simply Good agree to submit to the personal jurisdiction of such courts and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

This website is operated by Simply Good Foods USA, Inc., 1225 17th Street, Suite 1000, Denver, CO 80202  You may contact us by completing the form at http://www.thesimplygoodfoodscompany.com/contact-ir.