Welcome to www.simply2moms.com (the “Site”, “Website”), operated by Simply2Moms (“Simply2Moms”, “S2M”, “we”, “our”, or “us”). These Terms and Conditions of Use (“Terms”) set forth the terms and conditions which govern your use of the Website. Please read this information carefully before using and working with Simply2Moms. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Simply2Moms.
Updated Terms. These Terms may be updated from time to time, at Simply2Moms’ sole discretion. It is your responsibility, as the viewer or customer, to check these Terms regularly to see if any may have changed, and to alert Simply2Moms if you do not agree with the changes that have been made.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- Website Usage
- Simply2Moms Services
- DIY and Tutorial Safety
- Affiliate Links and Recommendations
- Intellectual Property
- Notes for bloggers:
- Limited License
- User Content and Consent
- Links to Other Websites
- Electronic Communications
- Photos, Videos, Photographic Release
- Limitations of Our Liability
- No Warranties
- Waiver of Injunction or Other Equitable Relief
- Controlling Law; Jurisdiction
- Assignability and Parties of Interest
- Reservation of Rights
- Entire Agreement
Simply2Moms is a Website about creating a lifestyle you love. It provides home decorating ideas, do-it-yourself projects, crafts, entertaining and party ideas, tutorials, recipes, and tips based on personal experience for following the Trim Healthy Mama lifestyle. The Website also provides reviews of products, gift ideas, and tips for parenting as children leave home, including preparing to send them to college.
DIY and Tutorial Safety
Simply2Moms provides multiple tutorials and do-it-yourself (DYI) projects. As with any tutorial or do-it-yourself project, the process and use of materials, tools and equipment, can be dangerous. It is very possible on any project to damage your property, create a hazardous condition, or cause harm to yourself or others. You agree that you are assuming the risk for performing or taking part in any such activities and DIY projects. If you are at all uncomfortable or inexperienced working on projects yourself (especially projects involving dangerous materials, tools or equipment), please reconsider doing the job yourself. Always seek the advice of a professional if you are in doubt about safety. You agree that Simply2Moms is not responsible for any injury arising from your performing the activities shown in the tutorials or from any DIY project.
Affiliate Links and Recommendations
Simply2Moms may promote products, services, or other businesses and receive a commission when you click our links and make purchases. You can read our complete affiliate disclosure here. You acknowledge and agree that it is your personal responsibility to investigate whether any affiliate offers are right for you. You will not rely on any recommendation, reference, or information provided by Simply2Moms but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
Simply2Moms publishes tutorials, ideas, recipes, tips, and reviews. We strive for accuracy in all information that is shared but make no guarantees as to the results others may obtain from following these various recommendations, recipes, or tutorials. Simply2Moms will not be held liable or responsible for your reliance on our review or recommendation of any product or service, or any tutorial, tip, or idea Simply2Moms features or makes.
Our service contains but is not limited to: (i) materials and other items relating to Simply2Moms and its services, and similar items from our licensors and other third parties, including content that constitutes copyrightable materials under the United States Copyright Act; and (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities including those of Simply2Moms, our licensors and other third parties (collectively “Simply2Moms Content”). All rights, titles, and interest in and to our services and Simply2Moms Content is the property of Simply2Moms or those who we’ve received permission from or have licensed to and is protected by the various intellectual property and unfair competition rights and laws to the fullest extent possible. You should assume that material contained on our Website, any services we offer and any tools, websites, applications or other electronic destinations accessible through this Website, are proprietary and either trademarked or copyrighted.
Notes for bloggers:
If you are a blogger and would like to share, please feel free to use one of our images and a do-follow link back to our original post. Please do not edit any Simply2Moms images or copy text without contacting Simply2Moms for permission. If you wish to use any of the information contained on the Website, please first contact Simply2Moms at [email protected]. And of course, sharing on social media and Pinterest is encouraged and appreciated!
You may not: (i) modify Simply2Moms Content for your own or a third-party’s monetary gain; (ii) interfere with the proper operation of or any security measure used for Simply2Moms Content; (iii) use Simply2Moms Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (iv) otherwise violates these Terms.
User Content and Consent
You acknowledge that you alone are entirely responsible for all information, reviews, photographs, video, messages, tags and/or other materials (collectively, “User Content”) that you upload, post, e-mail, transmit or otherwise make available reflecting our services.
You acknowledge that Simply2Moms has no obligation to pre-screen User Content, although Simply2Moms reserves the right in its sole discretion to pre-screen, refuse or remove any User Content of which it becomes aware. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of User Content.
You grant Simply2Moms a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display User Content (in whole or in part) for any purpose, commencing on the date you made such User Content available, including promoting and marketing Simply2Moms. You warrant that the holder of any worldwide intellectual property right, including moral rights, in the User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You shall not (and shall not permit any third party) either (a) take any action or (b) make available any User Content that, in Simply2Moms sole discretion: (i) infringes on any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; or (iii) involves commercial activities and/or sales, contests, giveaways or sweepstakes, without Simply2Moms’ prior written consent.
Links to Other Websites
Our Website may only be used for lawful purposes. Illegal activities, including but not limited to tampering with the Website, misrepresenting the identity of a user, or conducting fraudulent activities on the Website are prohibited. You agree not to use any device, software or routine, or data to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website.
Any modification or amendment to these Terms requires the sole consent of Simply2Moms and may be signified by a notice posted to the Website that the Terms have been updated or a new “last updated date” denoted at the top of these Terms. If there is a particular situation in which the Terms need to be modified for any one individual, the request will be considered for extraordinary circumstances only, and shall be emailed to [email protected]; in such an instance, the parties may modify or amend these Terms by way of email, so long as all parties provide proper acknowledgment of receipt of the email and indicate their acceptance of the revised terms by way of an electronic signature in the following form: “/s/ Party Name.” Email modifications shall not become binding until all parties have complied with these requirements.
Visiting www.simply2moms.com or sending emails to Simply2Moms constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through or on the Website, satisfy any legal requirement that such communications be in writing.
Photos, Videos, Photographic Release
By and in consideration for your use of our services, you irrevocably grant Simply2Moms and its workers, contractors, agents and representatives all rights to use, reproduce, display, exhibit, publish, edit, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for the Simply2Moms’ marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Simply2Moms at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and you consent to such uses. You further understand and grant permission to Simply2Moms and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release also applies to all photographic, audio, and/or video recordings that you create, relating to Simply2Moms (or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, edited and/or distributed by or on behalf of Simply2Moms.
Limitations of Our Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABSENT THEIR WILLFUL OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL SIMPLY2MOMS, ITS AFFILIATES, OWNERS, EMPLOYEES, AGENTS AND INDEPENDENT CONTRACTORS (collectively “SIMPLY2MOMS PARTIES”) BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN ALL CIRCUMSTANCES, SIMPLY2MOMS PARTIES’ MAXIMUM COLLECTIVE LIABILITY TO YOU FOR DAMAGES FROM ANY AND ALL CAUSES, AND YOUR MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO $500.00 USD. ANY SUCH CLAIM MUST BE COMMENCED WITHIN SIX MONTHS OF THE FACTS GIVING RISE TO THE CLAIM OR A MINIMUM TIMEFRAME MANDATED BY STATUTE IF LONGER THAN SIX MONTHS.
SIMPLY2MOMS MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. SIMPLY2MOMS FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, PROGRAMS, PRODUCTS, OR SERVICES THAT IT PROVIDES, INCLUDING ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, SIMPLY2MOMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
You agree to defend, indemnify and hold harmless Simply2Moms Parties from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your misuse of our service; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (iv) your violation of the rights of any third party, including any intellectual property, publicity, confidentiality, property or privacy right; (v) your use of a third-party service; or (vi) any misrepresentation made by you. Simply2Moms Parties reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Simply2Moms Parties’ defense of any claim. You will not in any event settle any claim against Simply2Moms Parties, without the prior written consent of Simply2Moms.
Waiver of Injunction or Other Equitable Relief
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICES, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SIMPLY2MOMS OR A LICENSOR OF SIMPLY2MOMS FOR THE LICENSED CONTENT THAT SIMPLY2MOMS IS USING.
Controlling Law; Jurisdiction
Dispute Resolution and Costs
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website:www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Iredell County, North Carolina. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
No Class Actions
To the maximum extent permitted by law, you may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Any notice or official communication between Simply2Moms and you shall be via email, to the address you provided in your submission details, and to our address at [email protected].
You acknowledge and agree that these Terms, including waivers of liability, are intended to be as broad and inclusive as permitted by applicable law.
Assignability and Parties of Interest
Bellewood Cottage alone, may assign, directly or indirectly, all or part of its rights or obligations under these Terms without your consent. Nothing in these Terms, express or implied, will confer upon any person or entity not an authorized assignee to these Terms, or the legal representatives of such person or entity, any rights or remedies of any nature or kind whatsoever under or by reason of these Terms, except as expressly provided in herein.
If any provision of these Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
The failure or delay by Simply2Moms to enforce or exercise any provisions of these Terms shall not constitute or be deemed a waiver of such provision or any other provisions within these Terms. Furthermore, any waiver or breach of any provision of these Terms shall not amount to a waiver of any other provision.
The headings in these Terms are for convenience only and in no way define, limit, or describe the scope or intent of any provisions within these Terms.
The provisions of these Terms which by their nature should survive termination of your use of our Services, including sections on Intellectual Property, Limitations of Our Liability, Indemnification, and Waiver of Injunctive or Other Equitable Relief, will survive.
Reservation of Rights
All rights not expressly granted to you are reserved by Simply2Moms and its licensors and other third parties claiming through us. Any unauthorized use of the Simply2Moms Content or service for any purpose is prohibited.
These Terms constitute the entire agreement between the parties and supersede all prior agreements whether oral or written concerning the subject matter of these Terms.
By using this Website or purchasing products or services through this Website, you are agreeing to the Terms.