Welcome to the SimplyThrive website, operated by SimplyThrive LLC and located at <www.simplythrive.com> (the “Site”). SimplyThrive is here to help you feel and look good every day with products that are available by Target Brands, Inc. (“Target”) on <www.target.com>. The products selected for you are edited by a team who live for design and love affordable fashion. SimplyThrive is a participant in the Target Affiliate Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to <www.target.com>.
If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact SimplyThrive at email@example.com.
Subject to these Terms, SimplyThrive hereby grants you a single, limited, terminable, revocable, royalty-free, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site solely for informational purposes. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all software and other materials, including the Site, made available to you are the copyrighted work of SimplyThrive or its licensors. Copying or distributing the Site or the Site Content (as defined below) is expressly prohibited. SimplyThrive was designed for, and is intended for use on desktop and mobile web in accordance with the rules and regulations of Target’s Affiliate Program Requirements.
As between you and SimplyThrive, SimplyThrive owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. All Site Materials are protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and SimplyThrive, all names, trademarks, service marks, certification marks, symbols, slogans, and logos appearing on the Site are proprietary to SimplyThrive or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by SimplyThrive on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to SimplyThrive, you grant SimplyThrive a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, SimplyThrive shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
When you register as a tester of SimplyThrive, you are agreeing to receive emails and in-system notices for announcements, newsletters, recommendations and policy updates. If you would like to opt out of our emails, please contact the Customer Service Department at firstname.lastname@example.org.
SimplyThrive reserves the right to delete your profile without notice, for legitimate business reasons. In the unlikely event that this occurs, we will provide an email notification with further details.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.
You agree to use the Site only for the purposes that are permitted by these Terms and for no other purposes. All such use must be in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. Without limiting the foregoing, you will not (and will not attempt to):
You may use the Site and the Site Materials consistently with these Terms. Any other use of the Site or Site Materials, including the aforementioned unauthorized uses, without prior written permission of SimplyThrive is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to SimplyThrive and that in the event of such unauthorized use, SimplyThrive shall be entitled to an injunction in addition to any other remedies available at law or in equity.
By using the Site, you understand that all submissions are added by our editors directly from Target or its affiliates. The Site contains links to or features of Target’s website outside of our control. Any and all products and product information on the Site is derived solely from <www.target.com>. Customers interested in a product will click the appropriate link on the Site and will be directed to Target’s website. Use of Target’s links or features is entirely at your own risk. SimplyThrive expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on Target’s website or the transactions you conduct or enter into with Target, including but not limited to product availability, prices, purchases, order fulfillment, shipping and distribution, and returns and exchanges. Your use of the Target’s website is at your own risk, and subject to the terms and conditions of Target’s website. SimplyThrive does not endorse any product, service, or treatment provided on Target’s website or advertised or provided on the website. SimplyThrive is not responsible for accuracy, usefulness, safety or intellectual property rights of or relating to any products from Target.
Your interactions with Target, including purchase and payment and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and Target. You agree that SimplyThrive shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
SimplyThrive uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. SimplyThrive will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that SimplyThrive shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to SimplyThrive via the Site or the Internet, including, for example, personal information such as your name or address.
This agreement is effective until terminated by us or you. We shall have the right to terminate this agreement including, without limitation, your right to access and use the Site, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of these Terms. You may terminate this agreement at any time by deleting your user account on the Site and discontinuing use of any and all parts of the Site. Upon termination of this agreement for any reason, you shall immediately cease using the Site.
SimplyThrive reserves the right to change the assortment of items offered and to limit the quantity of items that may be purchased from time to time and at any time, without prior notice. SimplyThrive is not liable in case of stock outage or unavailability of products. SimplyThrive has made every effort to display as accurately as possible the colors of our products that appear at the Site, but we cannot guarantee that your computer monitor’s display of any color will be accurate.
SimplyThrive expressly disclaims, to the fullest extent permitted by law, any express or implied warranties that the: (a) Site, Site content, goods, advice, information, or links provided on the Site will meet your requirements; (b) Site will be uninterrupted, timely, secure, or free from error; and (c) defects or flaws in the operation or functionality of any software provided to you as part of the Site will be corrected. SimplyThrive further disclaims any warranties or other guarantees regarding the Site, Site content, goods, services, advice, information, or links provided by any third parties or users, including the User Content. No advice or information, whether oral or written, obtained by you from SimplyThrive (whether through the Site or otherwise) shall create any warranty not expressly stated in these Terms.
You understand that the technical processing and transmission of any Site content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. SimplyThrive assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.
No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description) apply to the Site except to the extent that they are expressly set out in these Terms.
IN NO EVENT WILL SIMPLYTHRIVE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL SIMPLYTHRIVE’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF SIMPLYTHRIVE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
Without limiting the foregoing, you understand and acknowledge that SimplyThrive shall not be liable to you for:
The limitations on SimplyThrive’s liability to you in this Section 10 shall apply whether or not SimplyThrive has been advised of or should have been aware of the possibility of any such losses arising.
IF YOU ARE DISSATISFIED WITH THE SITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
If you believe that any content or postings on this Site violate your intellectual property or other rights, please notify SimplyThrive by email at email@example.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
These Terms represent the entire agreement between you and SimplyThrive with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in West Chester, Pennsylvania; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The Site is controlled and operated from within the United States. Without limiting anything else, SimplyThrive makes no representation that the Site, Site Materials, User Content, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of SimplyThrive to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
You agree that any failure or delay of SimplyThrive to exercise or enforce any legal right or remedy contained in or made available by these Terms (or of which SimplyThrive has the benefit under any applicable law) will not be taken to be a formal waiver of SimplyThrive’s rights and that those rights or remedies will still be available to SimplyThrive. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.
Dated: [Date Uploaded To Site]
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