Last revised August 13, 2013
THANK YOU FOR VISITING OUR WEBSITE. THIS WEBSITE IS OWNED AND OPERATED BY SIMPLY GREEK FOODS, LLC. (“SIMPLY GREEK”). IT IS IMPERATIVE THAT YOU READ THIS AGREEMENT CAREFULLY AS THESE LEGALLY BINDING TERMS AND CONDITIONS GOVERN YOUR USE OF OUR WEBSITES (THE “SITES”).
This agreement (“Agreement”) governs your use of the Site and your access to and use of the content, postings, links, pages, services, and/or other materials offered on the Sites and any other sites Simply Greek may make available and any lower level domains of the foregoing (which, collectively, constitute the “Services”). By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement, as it may be amended or supplemented from time to time.
1. Ownership. All software, content and materials used or appearing on the Site are the exclusive property of Simply Greek or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property rights laws. No copying, sale or exploitation of material from the Services is permitted without the prior written consent of Simply Greek and any other applicable copyright owner. You do not acquire any ownership rights by virtue of downloading material from the Services. If we request or permit the submission of your opinions, ideas, suggestions, and other feedback (“Submissions”), by submitting any such Submissions, you grant Simply Greek a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Simply Greek or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed . Prior to making a Submission you may be required to sign an agreement prepared by Simply Greek that confirms as such.
2. Individual Use. You are only authorized to visit, view and to retain copies of pages of this Site solely for your own individual use. You may not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless authorized by Simply Greek in writing.
3. Third Party Intellectual Property Rights. You may not use the Services to transmit material that: (i) is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner; (ii) reveals trade secrets, unless you own them or have the permission of the owner; or (iii) infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others.
6. User Generated Content. Simply Greek reserves the right to delete, move, or edit content of any user generated content, including but not limited to product and recipe comments, that Simply Greek, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Simply Greek is not responsible for such third party communication, does not endorse, adopt or sponsor any third party statements, and is not obligated to respond to or correct misstatements made by third parties. Simply Greek is not liable for the content of any such communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
7. Right to Revise this Agreement. Simply has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional terms or conditions (collectively, “Additional Terms”) on your use of the Services. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by Simply Greek to the Site. Use of the Site following such notice indicates your acceptance of all such Additional Terms.
8. Revision/Termination of the Services. Simply Greek has the right, at any time, to modify or discontinue, temporarily or permanently, the Services, and/or to refuse or restrict anyone from access to any of the Services, with or without notice and in its sole discretion. Simply Greek shall not be liable for any modification, suspension or discontinuance of any Services.
9. Disclaimer. YOU USE THE SITES AND SERVICES AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION.
10. No Warranties. SIMPLY GREEK DOES NOT WARRANT THAT THE SITE PROVIDED BY SIMPLY GREEK WILL MEET CUSTOMER’S REQUIREMENTS OR BE AVAILABLE AND OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ALL ERRORS OR DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
10. Limitation of Liability. SIMPLY GREEK IS NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF THEY’RE BASED ON NEGLIGENCE OR IF SIMPLY GREEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SIMPLY GREEK FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) IN ANY WAY RELATED TO THE SITE OR THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED DOLLARS ($200).
11. Indemnity. You agree to defend, indemnify and hold harmless the Sierra Club, its officers, directors, employees and agents, 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 this site; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Generated Content caused damage to a third party.
13. Entire Agreement. This Agreement constitutes the entire agreement between you and Simply Greek with respect to the subject matter addressed herein, and governs your use of the Site and Services, superseding any prior agreements between you and Simply Greek relating to such subject matter.
14. No Waiver. The failure of Simply Greek to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.
15. Severability. If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
16. Survivability. Even if this Agreement is terminated, the following sections will continue to apply: Ownership, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
17. Headings. The section headings used in this Agreement are for convenience only and have no legal effect.