WEBSITE USER AGREEMENT
This is a binding agreement. This Website User Agreement (the ‘Agreement’) between you and Simply Creative, Inc. (‘SCI’) d/b/a Married to the Army, details the terms and conditions of your permitted use of this website and associated services (‘Service’ or ‘Site’). The Site is designed as an information, learning and shopping resource. Your use of all, or any portion of, the Site, including but not limited to your downloading of information or ordering of any products or services from this website, signifies your acknowledgment of the reasonableness of these terms, and your express agreement to be bound by these terms. If you choose to continue to use or access this website after having the opportunity to read the Terms, you recognize that SCI has provided valuable consideration by offering this website free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to be bound by any, or all, of these terms, you should not access or use the Site or Service, as using it will be conclusively presumed to represent your agreement to be bound by the following terms.
TRADEMARKS AND DOMAIN NAMES
The trademarks, logos, service marks, and domain names (collectively, the “Trademarks and Domain Names”) displayed on the Site are registered and unregistered Trademarks and Domain Names of Simply Creative, Inc. and its subsidiaries, as well as other companies. Simply Creative, Inc.’s Trademarks and Domain Names may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All trademarks and domain names not owned by Simply Creative, Inc. or its affiliates that appear on the Site are the property of their respective owners.
The text, images, graphics, button icons, logos, audio, video, learning modules, documents, programs, and software (together, the “Content”) of this website is the property of SCI, its related entities, or its suppliers, and is specifically protected by copyright laws of the United States of America and International treaties. Your use of this Content is restricted to personal, non-commercial, purposes. Any reproduction, distribution, transmission, modification, publication, broadcast, or other exploitation of the Content, design, layout, or other individual elements of this website without the express written consent of SCI is strictly prohibited and may constitute a violation of proprietary rights.
DISCLAIMER OF WARRANTY
SCI DISCLAIMS ALL WARRANTIES. THE CONTENT OF THIS SITE IS PROVIDED BY SIMPLY CREATIVE, INC. AS A SERVICE TO ITS CUSTOMERS AND VISITORS. THE INFORMATION PROVIDED IN THIS SITE IS FOR INFORMATION PURPOSES. THIS WEBSITE IS PROVIDED FOR FREE. THIS SITE DOES NOT PROVIDE MEDICAL DIAGNOSIS FOR ANY INDIVIDUAL AND MUST NOT BE USED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CARE. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, WE DO NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION OR SERVICE ON THIS SITE. THE INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SIMPLY CREATIVE, INC. AS WELL AS ALL OWNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You agree that our sole obligation to you is to provide the Site and Service as-is. You agree that we will not be liable to you or to any third party for your use of the website or any of its products or services.
LIMITATION ON LIABILITY
YOU ACKNOWLEDGE AND AGREE BY YOUR USE OF THIS SITE TO ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH YOUR USE OF THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SITE, (ii) 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 THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
You agree not to post, upload, download or otherwise distribute content of any kind that may include copyrights, trademarks or ownership by any third party. The burden of proving you exclusively own any content that is in dispute rests solely with you.
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or us. Because customer service is paramount to our business, we reserve the right to refuse to sell products to you if it reasonably appears to us that you intend to resell the products. In addition, we reserve the right to limit quantities of items purchased by each customer.
USE BY MINORS
This website is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access, or register on the website. SCI reserves the right to terminate your membership or access in the event that SCI becomes aware you are under 18.
We are pleased to hear from our visitors and customers and welcome your comments regarding our products or services, including the Site. If you send us or otherwise post or share to the Site any comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, “Submissions”), the Submissions shall be deemed and shall remain our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Site or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained herein.
SEVERANCE OF INVALID TERMS
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
SCI works with a number of partners and affiliated sites. You acknowledge that SCI is not responsible or in any way in control of the information, products or services provided by these sites. Therefore you agree SCI is in no way guaranteeing the accuracy, performance or quality of those sites, services or products. SCI assumes no liability for your use of any information, products or services obtained through third-party or affiliate sites, including but not limited to any financial or information loss due to participation within their sites. Any link on any website owned and operated by SCI shall not be construed as an endorsement or guarantee.
We reserve the right to amend these Terms. Should we seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall update the ‘Last Updated’ date at the top of this agreement.