Terms and Conditions
Version 1.0 Dated August 21st 2023
PLEASE READ THE FOLLOWING CAREFULLY
BEFORE ACCESSING AND/OR USING ANY PART OF THE SITE.
Medical Advice Disclaimer: Any
information made available through Our Services (as defined below) is not
intended or implied to be a substitute for professional medical advice,
diagnosis or treatment. All content, including text, graphics, images and
information, contained on or available through Our Services is for general
information purposes only. TheyMadeItSimple.com (hereafter “TMIS”) makes no
representation and assumes no responsibility for the accuracy of information
contained on or available through Our Services, and such information is subject
to change without notice. You are encouraged to confirm any information
obtained from or through Our Services with other sources, and review all
information regarding any medical condition or treatment with your physician.
TheyMadeItSimple.com is not authorized
to provide services requiring professional licensure. YOU ACKNOWLEDGE AND AGREE
THAT TMIS DOES NOT PROVIDE ANY MEDICAL DIAGNOSIS OR TREATMENT SERVICES OR
ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR
ENDORSEMENTS REGARDING ANY MEDICAL INFORMATION THAT YOU MAY OBTAIN THROUGH THE
SITE AND/OR OUR SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY
SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH OUR SERVICES. IF YOU THINK YOU MAY HAVE
A MEDICAL EMERGENCY, CALL A DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.
NO HEALTH CARE PROVIDER/PATIENT RELATIONSHIP IS CREATED BETWEEN TMIS AND AN
INDIVIDUAL WHEN AN INDIVIDUAL USE THE SERVICE. TMIS IS NEITHER RESPONSIBLE NOR
LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD PARTY
INFORMATION, SITE, PRODUCT, OR SERVICE THAT IS PURCHASED OR ACCESSED THROUGH
THE SITE.
Our Services merely offer tools,
resources and a venue to facilitate your selection of a provider, service or
product. You understand and agree that TMIS: (A) does not direct, have any
control over, employ, any healthcare provider/service/product and has no
control over the acts or omissions of any healthcare provider/service/product;
(B) is not responsible or liable in any manner for the performance or conduct
of any healthcare provider/service/product; (C) makes no representations,
warranties or guarantees about the quality, safety or legality of the services
provided by any healthcare provider, the qualifications, identity or background
of any healthcare provider or about your interactions or dealings with any
healthcare provider; (D) does not vet, screen or conduct any kind of identity
or background checks of any healthcare provider; and (E) is not responsible for
payment for services furnished by any healthcare provider. You should exercise
caution and perform your own screening before connecting with anyone through
Our Services.
Welcome to our site. The Site will
be defined as “Our Services”. Please read the following Terms and Conditions
carefully before using Our Services so that you are aware of your legal rights
and obligations with respect to TheyMadeItSimple.com ('TMIS', 'we', 'our' or
'us'). By accessing or using the Site you expressly acknowledge and agree that
you are entering a binding legal agreement with us and have understood and
agree to comply with, and be legally bound by, these Terms and Conditions,
together with the Privacy Policy that can be accessed by clicking here. You hereby waive any applicable
rights to require an original (non-electronic) signature or delivery or
retention of non-electronic records, to the extent not prohibited under
applicable law. If you do not agree to be bound by these Terms and Conditions,
please do not access or use the Site.
1. Modification.
We reserve the right, at our
discretion, to change these Terms and Conditions at any time. Such change will
be effective five (5) days following posting of the revised Terms and
Conditions on the Site, and your continued use of the Site thereafter means
that you accept those changes.
2. Ability to Accept Terms and
Conditions.
The Site is only intended for
individuals aged sixteen (16) years or older. If you are under 16 years please do not visit or use the Site.
3. Site Access.
During the period in which these
Terms and Conditions are in effect, we hereby grant you permission to visit and
use the Site, provided that you comply with these Terms and Conditions and
applicable law.
4. Restrictions.
You shall not: (i)
copy, distribute display, mirror, frame or modify any part of the Site, Content
or Marks (as described below) without our prior written authorization; (ii)
use, modify, create derivative works of, transfer (by sale, resale, license,
sublicense, download or otherwise), reproduce, distribute, display or disclose
Content (defined below), except as expressly authorized herein; (iii) disrupt
servers or networks connected to the Site; (iv) use or launch any automated system
(including without limitation, "robots" and "spiders") to
access the Site; and/or (v) circumvent, disable or otherwise interfere with
security-related features of the Site or features that prevent or restrict use
or copying of any Content or that enforce limitations on use of the Site.
5. Intellectual Property Rights.
5.1. Content and Marks.
The (i)
content on the Site, including without limitation, the text, documents,
articles, brochures, descriptions, products, software, graphics, photos,
sounds, videos user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork, computer code, interactive features, and
services (collectively, the "Materials") including but not limited to
the design, structure, selection, coordination, expression, “look and feel” and
arrangement of such Materials; (ii) and User Submissions, as defined below
(together with the Materials, the "Content"); and (iii) the
trademarks, service marks and logos contained therein ("Marks"), are
owned, controlled or licensed by or to TMIS and are protected by applicable
copyright or other intellectual property laws and treaties. The Site, the Site
logo, and other marks are Marks of TMIS or its affiliates. All other
trademarks, service marks, and logos used on the Site are the trademarks,
service marks, or logos of their respective owners. We reserve all rights not
expressly granted in and to the Site and the Content.
5.2. Use of Content.
Content on the Site is provided to
you for your information and personal use only and may not be used, modified,
copied, distributed, transmitted, broadcast, displayed, sold, licensed,
de-compiled, reverse engineered, or otherwise exploited for any other purposes
whatsoever (including, without limitation, to create derivative works) without
our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary
notices contained therein.
6. Third-Party Sources and Content.
6.1. The Site enables you to view,
access, link to, and use content from Third Party Sources (defined below) that
are not owned or controlled by us ('Third Party Content').
The Site may also enable you to
communicate and interact with Third Party Sources.'Third
Party Source(s)' means: (i) third party websites and
services; and (ii) our partners and customers.
6.2. We have no control over any
Third Party Sources.
We do not assume any responsibility
for the content, Terms and Conditions, privacy policies, actions or practices
of, any Third Party Sources. Please read the Terms and Conditions and privacy
policy of any Third Party Source that you interact with before you engage in
any such activity.
6.3. We are not responsible for, and
we expressly disclaim all warranties regarding, the accuracy, appropriateness,
usefulness, safety, or Intellectual Property Rights (defined below) of, or
relating to, any Third Party Content.
6.4. By using the Site
you may be exposed to Third Party Content that is inaccurate, offensive,
indecent, or objectionable.
You always have the choice of
deciding whether or not to interact with a Third Party Source or to view and
use Third Party Content. Your interaction with a Third Party Source and your
use of, and reliance upon, any Third Party Content is at your sole discretion
and risk.
6.5. You are solely responsible and
liable for your interaction with a Third Party Source.
You agree to waive, and hereby do
waive, any legal or equitable rights or remedies you may have against TMIS and
release TMIS from any and all liability, arising from your use of and
interaction on any Third Party Content and from your interaction with any Third
Party Source. If you have any queries or complaints regarding a Third Party
Source or any Third Party Content, you agree to contact the Third Party Source
directly.
7. User Submissions.
7.1. Responsibility.
The Site may permit the submission,
hosting, sharing and publishing of Content by you and other users ('User
Submissions'). You understand that whether or not such User Submissions are
published, we do not guarantee any confidentiality with respect to any User
Submissions. You shall be solely responsible for your User Submissions and the
consequences of posting, publishing or uploading them. We have complete
discretion whether to publish your User Submissions and we reserve the right in
our sole discretion and without further notice to you, to monitor, censor, edit,
remove, delete, and/or remove any and all Content posted on the Site (including
User Submissions) at any time and for any reason.
7.2. Ownership.
You represent and warrant that you
own or have the necessary rights and permissions to use and authorize the Site
to use all Intellectual Property Rights (defined below) in and to your User
Submissions and to enable inclusion and use thereof as contemplated by the Site
and these Terms and Conditions. Unless the User Submissions are separately
referred to, all references herein to Content shall include references to User
Submissions. "Intellectual Property Rights" means any and all rights,
titles, and interests, whether foreign or domestic, in and to any and all trade
secrets, patents, copyrights, service marks, trademarks, know-how, or similar
intellectual property rights, as well as any and all moral rights, rights of
privacy, publicity and similar rights of any type under the laws or regulations
of any governmental, regulatory, or judicial authority, foreign or domestic.
You retain all of your ownership rights in and to your User Submissions.
7.3. License to User Submissions.
By submitting the User Submissions
to TMIS you hereby grant TMIS a worldwide, irrevocable, non-exclusive,
royalty-free, perpetual, sub-licensable and transferable license to use,
reproduce, distribute, prepare derivative works of display, and perform the
User Submissions in connection with the Site and TMIS business, including
without limitation for redistributing part or all of your User Submissions (and
derivative works thereof) in any media formats and through any media channels
and, and you hereby waive any moral rights in your User Submissions, to the
extent permitted by law. You also hereby grant each user of the Site or other
viewer or user of the User Submission a non-exclusive right to use, reproduce,
distribute, prepare derivative works of, display and perform such User
Submissions, all in accordance with these Terms and Conditions.
7.4. Prohibited Content.
You agree that you will not display,
post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection
laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or
otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights; (iii) creates a risk
to a person’s safety or health, creates a risk to public safety or health,
compromises national security, or interferes with an investigation by law
enforcement; (iv) impersonates another person; (v) promotes illegal drugs,
violates export control laws, relates to illegal gambling, or illegal arms
trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, gives rise to civil liability,
violates any law, or is inappropriate; (vii) involves theft or terrorism, or
(viii) is otherwise malicious or fraudulent.
7.5. Exposure.
You understand and acknowledge that
when accessing and using the Site: (i) you will be
exposed to User Submissions from a variety of sources and that TMIS is not
responsible for the accuracy, usefulness, safety, or Intellectual Property
Rights of, or relating to, such User Submissions; and(ii) you may be exposed to
User Submissions that are inaccurate, offensive, indecent, or objectionable.
You hereby agree to waive and hereby do waive, any legal or equitable rights or
remedies you may have against TMIS with respect to (i)
and (ii) herein.
7.6 Complaints about Content.
TMIS respects the Intellectual
Property Rights of others. Therefore, we encourage you to report any Content
you believe violates your Intellectual Property Rights by contact us at theymadeitsimple+support@gmail.com
8. User Profile.
We offer our services for registered
users and guests. This section of the Terms and Conditions applies to
registered users only.
During the registration process, we
may ask you to provide certain contact and personal details, such as your name,
email address, your image, your address and your phone number. We will
explicitly indicate the fields that are mandatory to complete.
Bear in mind that false, incorrect,
or outdated information may prevent you from registering and impair our ability
to provide you with the services. To log in, you must provide your email and
password. We may also establish and require, from time to time, additional or different
means of identification and authentication for logging in and accessing the
service.
You agree to maintain your login
details in absolute confidentiality and refrain from disclosing them to others.
Make sure that you change your password frequently and at least once every six
months.
You are responsible for any content
uploaded or filled-in by you, including links to other websites that you may
upload as part of a User Submission.
We will not be responsible for your
failure to provide true, accurate and complete details in the course of the
registration process, and for any use or misuse of your profile as a result of
compromising your details or conveying them to someone else.
You may ask to have your user
profile remove by filing a removal request. We may require you to verify your
identity by sending us additional information, either by e-mail or through any
other means, as a condition for removing your user profile. Upon completion of
processing your request, we will terminate your account and you will no longer
be able to access the service as a registered user.
Subject to these Terms and
Conditions, you may renew your registration at any time after your account has
been terminated, by completing the registration process again.
Notwithstanding any remedies that
may be available to us under any applicable law, we may temporarily or
permanently deny, limit, suspend, or terminate your user profile, prohibit you
from accessing the service, remove your uploaded content and take technical and
legal measures to keep you off the service, if we determine in our sole
discretion that -
9. Information Description.
We attempt to be as accurate as
possible. However, we cannot and do not warrant that the Content available on
the Site is accurate, complete, reliable, current, or error-free. We reserve
the right to make changes in or to the Content, or any part thereof, in our
sole judgment, without the requirement of giving any notice prior to or after
making such changes to the Content. Your use of the Content, or any part
thereof, is made solely at your own risk and responsibility.
10. Disclosure.
We reserve the right to access,
read, preserve, and disclose any information that we obtain in connection with
the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process,
subpoena or governmental request, (ii) enforce the Site Terms and Conditions,
including to investigate potential violations of them, (iii) detect, prevent,
or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of TMIS, its
users, or the public.
11. Links.
11.1. The Site may contain links and
may enable you to post content, to third party websites that are not owned or
controlled by TMIS.
We are not affiliated with, have no
control over, and assume no responsibility for the content, privacy policies,
or practices of, any third party websites. You: (i)
are solely responsible and liable for your use of and linking to third party
websites and any content that you may send or post to a third party website;
and (ii) expressly release TMIS from any and all liability arising from your
use of any third party website. Accordingly, we encourage you to read the terms
and conditions and privacy policy of each third party website that you may
choose to visit.
11.2. We permit you to link to the
Site provided that:
(i) you
link to but do not replicate any page on the Site; (ii) the hyperlink text
shall accurately describe the Content as it appears on the Site; (iii) you
shall not misrepresent your relationship with TMIS or present any false
information about TMIS and shall not imply in any way that we are endorsing any
services or products unless we have given you our express prior consent; (iv)
you shall not link from a website that contains content that (a) is offensive
or controversial (both at our discretion), or (b) infringes any intellectual
property, privacy rights, or other rights of any person or entity; and/or (v)
you, and your website, comply with these Terms and Conditions, and applicable
law.
12. Privacy.
We will use any personal information
that we may collect or obtain in connection with the Site in accordance with
our Privacy Policy which is available here. You agree that we may use personal
information that you provide or make available to us in accordance with the
Privacy Policy.
13. Warranty Disclaimers.
13.1. This section applies whether
or not the services provided under the Site are for payment.
Applicable law may not allow the
exclusion of certain warranties, so to that extent, certain exclusions set
forth herein may not apply.
13.2. THE SITE IS PROVIDED ON AN 'AS
IS' AND 'AS AVAILABLE' BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS
OR IMPLIED.
THE SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TMIS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY
STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. TMIS DOES NOT GUARANTEE
THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE
SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR
OTHER REASONS. YOU AGREE THAT TMIS WILL NOT BE HELD RESPONSIBLE FOR ANY
CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS
OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR
OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR
SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
13.3. TMIS DOES NOT WARRANT, ENDORSE
OR GUARANTEE ANY CONTENT THAT APPEARS IN A USER SUBMISSION, AND DOES NOT MAKE
ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIMS ALL LIABILITY
FOR, ANY SUCH CONTENT.
13.4. YOU SPECIFICALLY ACKNOWLEDGE
THAT TMIS SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT
(INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE
USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH
YOU.
13.5. YOUR RELIANCE ON, OR USE OF,
ANY SITE CONTENT (INCLUDING WITHOUT LIMITATION, ANY USER SUBMISSIONS), OR
INTERACTION WITH ANY THIRD PARTY FEATURED ON THE SITE, IS AT YOUR SOLE RISK. IF
YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A RESULT OF, OR ARISING FROM YOUR
USE OF THE SITE, YOU AGREE THAT TMIS IS NOT AND SHALL NOT BE LIABLE FOR ANY
CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE.
13.6. EXCEPT AS EXPRESSLY STATED IN
OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY
INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF
YOUR USE OF THE SITE.
13.7. WE ENDEAVOR TO OFFER YOU
VALUABLE INFORMATION ABOUT THE PRODUCTS AND SERVICES THAT ARE FEATURED /
REVIEWED ON THE SITE.
HOWEVER, IN ORDER TO PROVIDE YOU
WITH THIS INFORMATION AT NO COST, WE MUST SEEK REVENUE OPPORTUNITIES THROUGH
OTHER MEANS. BY WAY OF EXAMPLE, WE MAY CHARGE A PLACEMENT FEE TO THOSE THIRD
PARTIES THAT ARE FEATURED ON OUR SITE, AND WE MAY RECEIVE FEES EACH TIME A USER
CLICKS THROUGH TO ONE OR MORE SUCH PARTIES AND/OR ACTUALLY PURCHASES
PRODUCTS/SERVICES THAT ARE OFFERED BY ANY OF THEM. IN ALL CASES, HOWEVER, THE
REVENUES THAT ARE PAID TO TMIS WILL NOT INFLUENCE THE MATERIAL WE PRESENT ABOUT
A SPECIFIC THIRD PARTY FEATURED ON OUR SITE.
14. Limitation of Liability.
14.1. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, TMIS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY,
SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF
DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS AND CONDITIONS
OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF TMIS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Some jurisdictions do not allow the
limitation or exclusion of liability for incidental or consequential damages,
so the above limitations may not apply to you.
14.2. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF TMIS FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS
AND CONDITIONS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE
TOTAL AMOUNT OF US $1,000.
15. Indemnity.
You agree to defend, indemnify and
hold harmless TMIS and our affiliates, and our respective officers, directors,
employees, and agents, from and against any and all claims, damages,
obligations, losses, liabilities, costs and expenses (including but not limited
to attorney's fees) arising from: (i) your use of, or
inability to use, the Site; (ii) your User Submissions; (iii) your interaction
with any Site user; or (iv) your violation of these Terms and Conditions.
16. Term and Termination.
These Terms and Conditions are
effective until terminated by TMIS or you. TMIS in its sole discretion, has the
right to terminate these Terms and Conditions and/or your access to the Site,
or any part thereof, immediately at any time and with or without cause
(including, without any limitation, for a breach of these Terms and
Conditions). TMIS shall not be liable to you or any third party for termination
of the Site, or any part thereof. If you object to any term or condition of
these Terms and Conditions, or any subsequent modifications thereto, or become
dissatisfied with the Site in any way, your only recourse is to immediately
discontinue use of the Site. Upon termination of these Terms and Conditions,
you shall cease all use of the Site. This Section 15 and Sections
5 (Intellectual Property Rights), 7.3 (License to User
Submissions), 11 (Privacy), 12 (Warranty Disclaimers), 13
(Limitation of Liability), 14 (Indemnity), and 16 (Independent
Contractors) to 18 (General) shall survive termination of these Terms
and Conditions.
17. Independent Contractors.
You and TMIS are independent
contractors. Nothing in these Terms and Conditions creates a partnership, joint
venture, agency, or employment relationship between you and TMIS. You must not
under any circumstances make, or undertake, any warranties, representations,
commitments or obligations on behalf of TMIS.
18. Assignment.
These Terms and Conditions, and any rights
and licenses granted hereunder, may not be transferred or assigned by you but
may be assigned by TMIS without restriction or notification to you.
19. General.
TMIS reserves the right to
discontinue or modify any aspect of the Site at any time. These Terms and
Conditions and the relationship between you and TMIS shall be governed by and
construed in accordance with the laws of the State of Delaware, without regard
to its principles of conflict of laws. You agree to submit to the personal and
exclusive jurisdiction of the courts located in the State of Delaware and waive
any jurisdictional, venue, or inconvenient forum objections to such courts
provided that TMIS may seek injunctive relief in any court of competent
jurisdiction. These Terms and Conditions shall constitute the entire agreement
between you and TMIS concerning the Site. If any provision of these Terms and
Conditions is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or any other term, and a party's
failure to assert any right or provision under these Terms and Conditions shall
not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF
ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
Copying
any content on this website, either fully or partially, is strictly prohibited.
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