Terms and Conditions
These terms and conditions (“Agreement”, “Terms”) sets forth the general terms and conditions of your use of the Simply With Focus website or Etsy Show (“Site” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Simply With Focus (“Company”, “Blog”, “we”, “us” or “our”). By accessing and using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Site and Services.
Content
All content and materials provided on the Blog are for general purposes only. The content is subject to change without notice. While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Blog’s content. Your reliance on any information from the Blog is at your own risk.
Intellectual Property
The Blog and its original content, features, and functionality are owned by Simply With Focus and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not modify, reproduce, distribute, or commercially export any part of the Blog without our prior written consent.
User Contributions
By submitting or posting any content on the Blog, including comments, reviews, or testimonials, you grant us a non-exclusive, royalty-free, perpetual, irrevocabile, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or control all rights to the content you post, that the content is accurate and that its use on the Blog does not violate any applicable laws or infringe upon the rights of any third party.
Links to Other Websites
The Blog may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party website or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third party website or services.
User Content
We do not own any data, information, or material (“Content”) that you submit on the Site in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review Content on the Site submitted or created using our Services by you. Unless specifically permitted by you, your use of the Site does not grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.
Intellectual Property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Simply With Focus and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Simply With Focus.
Links to Other Resources
Although the Site and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Site and Services. Your linking to any other off-site resources is at your own risk.
Disclaimer of Warranty
You agree that your use of the Site and Services is at your sole risk and acknowledge that the Site and Services and anything contained within them, including, but not limited to, Content, services, goods, or advertisements (the “Items”) are provided “AS IS” and “AS AVAILABLE,” and that we make no warranty of any kind, express or implied, as to the Items or to the accuracy, completeness, reliability, suitability, or availability of the Items, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. This disclaimer applies to any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Limitations of Liability
To the fullest extent permitted by applicable law, in no event will Simply With Focus be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from or in connection with the use of the Site and Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the term of your use of the Site and Services.
Indemnification
You agree to indemnify and hold Simply With Focus and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Site and Services, or any willful misconduct on your part.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws without regard to its conflict of law provisions. Any
Account and Membership
If you create an account on the Site, you are responsible for maintaining the security of your account and your content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause us liability. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person.
Severability and Termination
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we terminate this Agreement, any provision which, by its nature, should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations
Contact Us
If you have any questions, about these terms, please contact us at Simply With Focus at hello@simplywithfocus.com