TERMS AND CONDITIONS
By visiting and using www.simplywomanandwomb.com website (hereinafter the
“website”), you accept and agree to be bound by these Terms and
Conditions including our Disclaimer and Privacy Policy posted on the
website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the website.
Simply Woman and Womb (“company”, “I”, “we” or “us”)
reserves the right to amend or modify these terms and conditions in its sole
discretion at any time without notice and by using the website, you accept those
amendments. It is your responsibility to periodically check the website for
updates.
Your continued use of the website after posting of any changes to our
Terms and Conditions constitutes your acceptance of those changes and
updates. You must not access or use the website if you do not wish to be
bound by these Terms and Conditions.
All information and content on this website are intended for individuals over the
age of 18. Children, as defined in our Privacy Policy, are prohibited from using
this website. We do not envision offering products or services to individuals living
in the European Union as outlined in the General Data Protection Regulation . Additionally, we make no
representation that the information provided on the website including any
products and/or services are available or appropriate for use in other locations
including but not limited to the European Union as outlined in the General Data
Protection Regulation.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your
acceptance of our Privacy Policy is expressly incorporated into these Terms and
Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms
and Conditions. Please review the Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to bring any legal claims, now or in the future
arising out of or related to the website and our products/services. In the event of
any dispute, claim or controversy arising out of or relating to your use of this
website, the terms and conditions shall be construed in accordance with the rules
and regulations of the state of Alabama and the United States.
You agree to consent and submit to the jurisdiction of the state and federal courts
located in Alabama without regard to the principles of conflict of law or where
the parties are located at the time a dispute arises.
You agree to resolve any disputes or claims first through mandatory arbitration in
the state of Alabama and shall bear the full cost of arbitration as permitted by
law. Your good faith participation in arbitration is a condition precedent to
pursuing any other legal or equitable remedies available such as litigation or any
other legal procedure. You also agree that in the event a legal claim is initiated
after the required arbitration, the prevailing party shall be entitled to recover
reasonable attorney’s fees and other costs associated with the legal action.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts, logos, marks,
graphics, files, materials, services, products, videos, audio, applications,
computer code, designs, downloads and all other information here (collectively,
the “Content”) is owned by us and is protected by copyright, trademark and other
intellectual property and unfair competition laws with the exception of any content
from others that we are lawfully permitted to use. You are granted a limited
revocable license to print or download Content from the website for your own
personal, non-commercial, non-transferrable, informational and educational use
only while ensuring it’s not in violation of any copyright, trademark, and
intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute,
reproduce, store, transmit, post, create derivative works, reverse engineer, sell,
rent or license any part of the Content in any way to anyone, without our prior
written consent. You agree to abide by the copyright, trademark laws and
intellectual property rights and shall be solely responsible for any violations of
these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send,
email or submit to us on the website or on any of our social media sites, you
warrant that you are the owner of that Content or have express permission from
the owner of those intellectual property rights to use and distribute that Content
to us.
You grant us and/or our officers, employees, successors, shareholders, joint
venture partners or anyone else working with us a royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to identify you, publish,
post, reformat, copy, distribute, display, edit, reproduce any Content provided by
you on our website and on any of our social media sites for any purpose. You
shall be solely liable for any damages resulting from any infringement of
copyrights, trademark or other proprietary rights of any Content or information
that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email or submit
to us on the website or on any of our social media sites any information or
Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous,
pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense,
giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any
kind of malicious computer software or any other harmful information that is
actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the
website, and
(f) send unsolicited or unauthorized material or cause disruption in the operation
of the website. You agree to use the website for lawful purposes only and shall
be liable for damages resulting from the violation of any provision contained in
these Terms and Conditions.
THIRD-PARTY LINKS
The website may contain links to third-party websites or resources for your
convenience. We may serve as an affiliate for some of these third-party websites
by offering or advertising their products or services on the website; however, we
do not own or control these third-party websites. Once you click on a third-party
link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any
information presented on these third-party websites. You assume all risks for
using these third-party websites or resources and any transactions between you
and these third-party websites are strictly between you and the third party. We
shall not be liable for any damages resulting from your use of these third-party
websites or resources.
USE OF OUR PAID AND FREE PRODUCTS
We may offer free products for you to download and also sell paid courses,
programs, physical or digital products and any other related materials
(collectively, “products”) on this website. All our products and/or services
including all content are protected by copyright pursuant to the US and
international copyright laws. You are granted a limited revocable license to print
or download Content from our digital products for your own personal, non-
commercial, non-transferrable, informational and educational use only while
ensuring it’s not in violation of any copyright, trademark, and intellectual property
or proprietary rights. Copying or storing our content for other than personal use is
expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit,
copy, reproduce, create derivative works of, reverse engineer, enhance or in any
exploit our products. You cannot sell or redistribute any of our products, whether
free or paid ones, without our express written consent. You agree to abide by
the copyright, trademark laws and intellectual property rights and shall be solely
responsible for any violations of these terms and conditions.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access,
revoke and terminate your use of our website including any or all Content
published by you or us at any time for any reason, without notice.
NO REFUNDS
All sales of products and/or services on this website are final. No refunds will be
issued. We truly believe in giving more than receiving and each of our products
and services is designed by keeping this core principle in mind. The prices are
intentionally kept reasonably low in price as compared to market value to give
you the tools and information you need at an affordable price.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE
WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE,
EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW.
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES
PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT
THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR
REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE
COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL
WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL
EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees,
successors, shareholders, joint venture partners or anyone else working with us
shall be liable for any direct, indirect, incidental, consequential, equitable, special,
punitive, exemplary or any other damages resulting from your use of this website
including but not limited to all the content, information, products, services and
graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you
are solely responsible for the accuracy of the personal and any information you
provide, the outcome of your actions, personal and business results, and for all
other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors,
shareholders, joint venture partners or anyone else working with us shall not be
liable to you for any damages resulting from 1) any errors or omissions on the
website, delay or denial of any products or services, failure of performance of any
kind, interruption in the operation and your use of the website, website attacks
including computer virus, hacking of information, and any other system failures;
2) any loss of income, use, data, revenue, profits, business or any goodwill
related to the website; 3) any theft or unauthorized access by third party of your
information from the website regardless of our negligence; and 4) any use or
misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence,
breach of contract, tort or any other legal theory of liability. You agree that we
provide no express or implied guarantees to you for the content presented here,
and you accept that no particular results are being promised to you here.
INDEMNIFICATION
You agree to indemnify and hold the Company and/or its officers, employees,
successors, shareholders, joint venture partners or anyone else working with us
harmless from all losses, claims, damages, demands, actions, suits, proceedings
or judgments, including costs, expenses and reasonable attorneys’ fees
(“Liabilities”) assessed against or otherwise incurred by you arising, in whole or
in part, from: (a) actions or omissions, whether done negligently or otherwise, by
you, your agents, directors, officers, employees or representatives; (b) all your
actions and use of the website including purchasing products and services; (c)
violation of any laws, rules, regulations or ordinances by you; or (d) violation of
any terms and conditions of this website by you or anyone related to you; e)
infringement by you or any other user of your account of any intellectual property
or other rights of anyone. The Company will notify you promptly of any such
claims or liability and reserves the right to defend such claim, liability or damage
at your expense. You shall fully cooperate and provide assistance to us if
requested, without any cost, to defend any such claims.
ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and Disclaimer
constitute the entire agreement between you and us with respect to this website.
It supersedes all prior or contemporaneous communications, discussions,
negotiations or proposals we may have had with you whether electronic, oral or
written.
A printed version of this entire agreement including the Privacy Policy and
Disclaimer and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings with respect to this website to the same
extent and given the same effect as other business contracts and documents
kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory
authority or other public or private tribunal of competent jurisdiction to be invalid
or unenforceable, such provision is deemed to have been omitted from this
Agreement. The remainder of this Agreement remains in full force and effect, and
is modified to any extent necessary to give such force and effect to the remaining
provisions, but only to such extent.
CONTACT
For any questions, please contact us at tori@simplywomanandwomb.com