Acceptance of Terms
Changes to the Terms
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).
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.
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.
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.
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
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.