Terms of Use

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>.

The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms as well as SimplyThrive’s [Privacy Policy], which is incorporated into these Terms by reference as if fully set forth herein. These Terms apply whether or not you are a registered user of our Site. You further certify that you are 18 years of age or older or (if not) that you have the permission of a legal guardian (e.g., a parent) to use the Site. Notwithstanding the foregoing, the Site is not intended for persons 13 years of age or younger and such persons are not permitted to use the Site. You understand and agree that your use of the Site signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, or if you are under 13 years of age, you are not granted permission to use this Site and must exit immediately.

If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact SimplyThrive at simplythrivecs@gmail.com.

  1. License to use the Site

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.

  1. Content

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.

  1. Registration

In order to access certain aspects of the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide SimplyThrive with certain information about yourself, including some types of personally identifiable information, such as your legal name, phone number, and email address. You represent that the personal information you provide to SimplyThrive via the Site is true, valid, complete, and up-to-date in all respects. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site. Any personal information that you provide to SimplyThrive via the Site is subject to SimplyThrive’s [Privacy Policy].You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. SimplyThrive will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

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 simplythrivecs@gmail.com.

 

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.

  1. Errors, Inaccuracies, and Omissions

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.

  1. General Restrictions on Use

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):

  • Access the Site by any means other than through the interface that is provided by SimplyThrive;
  • Gain unauthorized access to SimplyThrive’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site or SimplyThrive’s networks and computer systems;
  • Access the Site through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Site is indexed by general purpose consumer-accessible search engines, such as Google or Bing;
  • Access or collect any personally identifiable information, including any names, email addresses, or other such information for any purpose, including commercial purposes;
  • Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site for any purpose, including commercial purposes;
  • Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by SimplyThrive in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos;
  • Use the Site for any illegal or unauthorized purposes that violate any local, national, or international laws (including import, export, copyright, and trademark laws).

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.

  1. Third Party Websites and Content

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.

Target’s website may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that SimplyThrive has no control over these websites and that these Terms of Use do not apply to any third party sites. SimplyThrive cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. SimplyThrive encourages you to read the terms of use and privacy policies linked or referenced in the websites you enter.

  1. Internet Security

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.

  1. Changes to these Terms; Termination

SimplyThrive reserves the right at any time to modify, alter or update these Terms. We will notify you on the Site or by a direct notice (including, for certain services, email notification of privacy policy changes) of any new or revised Terms, including information regarding the location of the new or revised terms and conditions. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site after the change to learn of changes to the Terms since their last visit. SimplyThrive may suspend or terminate your ability to use the Site, or any services on the Site for failure to comply with these Terms, for providing SimplyThrive with untrue or inaccurate information about yourself, for infringement upon SimplyThrive proprietary rights, or for any other reason whatsoever or for no reason. If you reject the changes, you may opt out of further testing with us by sending an email to simplythrivecs@gmail.com. If you do not agree to any of these Terms or any future Terms, your only remedy shall be to not use or access (or continue to access) the Site. This Agreement applies to all visitors, users, and others who access the Site.

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.

  1. Disclaimers and Warranties

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.

  1. Limitation of Liability

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:

  1. Any indirect, incidental, consequential, punitive, or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or

 

  1. Any loss or damage which may be incurred by you as a result of: (1) any reliance placed by you on the completeness, accuracy, or existence of any information or materials made available through the Site, including any advertising; (2) any relationship or transaction between you and any third party whose products and/or services appear on the Site; (3) any changes that SimplyThrive may make to the Site; (4) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site; (5) the use of any products or services obtained on or through the Site; or (6) any other matter relating to the Site.

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.

  1. Indemnity

You agree to defend, indemnify and hold harmless SimplyThrive, its officers, directors, members, employees, agents, affiliates, licensors, and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (iv) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 11 without the prior written consent of SimplyThrive.

  1. Complaint Procedures

 

If you believe that any content or postings on this Site violate your intellectual property or other rights, please notify SimplyThrive by email at simplythrivecs@gmail.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.”

 

  1. Governing Law and Jurisdiction

 

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.

 

  1. Operation of the Site

 

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.”

  1. Privacy Statement

Any personal information that you provide to SimplyThrive on the Site is subject to our Privacy Policy. For more information, [click here] to view the Privacy Policy, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to SimplyThrive via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. SimplyThrive can be contacted at simplythrivecs@gmail.com.

  1. Miscellaneous

 

These Terms, including the Privacy Policy, constitute the entire legal agreement between you and SimplyThrive regarding the Site and govern your use of the Site and any transactions you may have through the Site. These Terms completely replace and supersede any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and SimplyThrive regarding these matters. In the event any other rule, code of conduct, or other matter posted on the SimplyThrive conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

 

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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