Last Updated: September 1, 2019
Simple Made Pretty Members never send data to any 3rd party. It mainly stores some transaction data to allow Simple Made Pretty to run an e-commerce, membership, or affiliate business. All the transaction data that is stored on Simple Made Pretty Members https://members.simplemadepretty.com/ can be deleted from the admin interface.
Here is what happens when you purchase a membership from Simple Made Pretty Members:
If you purchase products directly from https://members.simplemadepretty.com/, your name, email address and a transaction history will be kept by us. We may use the contact information to inform you about the status of your order, updates, bug fixes. This info is never shared with any 3rd party.
You can request the deletion of your personal data by emailing [email protected]
Simple Made Pretty, LLC and its affiliates, subsidiaries and parent companies (collectively, “Simple Made Pretty”, “us”, “we” or “our”) are pleased to provide you with access to and use of our websites, content, products, goods, services, promotions, technology and any other materials (collectively, “Simple Made Pretty Services”) that we may provide.
Supplemental terms and conditions may apply to certain Simple Made Pretty Services, such as rules for a particular contest, sweepstakes, competition, or activity or terms that may accompany certain content, software or other materials accessible through the Simple Made Pretty Services (“Supplemental Terms”). Any Supplemental Terms will be disclosed to you in connection with those other activities and will apply and govern specifically over such activities.
2. Changes to These Terms
3. Simple Made Pretty’s Intellectual Property; Limited License to Simple Made Pretty Services
You acknowledge and agree that the Simple Made Pretty Services, and any logos, names, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation any copyrights, patents, trademarks, proprietary or other rights contained therein, related thereto, or otherwise arising therefrom are owned by Simple Made Pretty, LLC or its affiliates, licensors or suppliers. Furthermore, you acknowledge and agree that the source and object code of certain Simple Made Pretty Services (such as our online tools) and the format, directories, queries, algorithms, structure and organization of the same are the intellectual property, proprietary and confidential information of Simple Made Pretty and/or its affiliates, licensors and suppliers. You expressly agree that you will do nothing inconsistent with Simple Made Pretty’s ownership of the Simple Made Pretty Services, and that you gain no rights, title, or interest in or to any Simple Made PrettyServices or any goodwill associated therewith, except as stated in these Terms or any executed written agreement between you and Simple Made Pretty. In addition, except as expressly set forth in these Terms, you have not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Simple Made Pretty or any third party. Any and all goodwill arising from your use of any Simple Made Pretty Services shall inure solely to the benefit of Simple Made Pretty.
B. Limited License
For any Simple Made Pretty Services which enable you to use any software, content, or other materials owned or licensed by us only after you become validly authorized by us, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license solely to access and use the specific Simple Made Pretty Services, and any related software, content, or other materials FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.
You are prohibited from, and expressly agree that you will not: (i) circumvent or disable any content protection system, digital rights management technology, user and/or country limitations or any other technology used with any Simple Made Pretty Services; (ii) decompile, reverse engineer, disassemble or otherwise reduce any Simple Made Pretty Services to a human-readable form; (iii) remove identification, warnings, disclaimers, disclosures, copyright or other proprietary notices in or on the Simple Made Pretty Services; (iv) access or use any Simple Made Pretty Services in an unlawful or unauthorized manner or in a manner that suggests an association with our content, products, services or brands, unless you have an executed agreement with us that allows for such activity; (v) use, alter, copy, modify, store, sell, reproduce, distribute, republish, download, publicly perform, display, post, transmit, create derivative works of, or exploit any Simple Made Pretty Services or any part thereof, except as expressly authorized in these Terms or as part of the Simple Made Pretty Services provided to you; (vi) introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Simple Made Pretty Services or connected network, or interfere with any person or entity’s use or enjoyment of any Simple Made Pretty Services; (vii) access, monitor, or copy any element of the Simple Made Pretty Services using a robot, spider, scraper or other automated means or manual process without our express written permission; or (viii) sell, resell, or make commercial use of the Simple Made Pretty Services, unless you have an executed agreement with us that expressly allows for such activity. You may not access or use any Simple Made Pretty Service in violation of United States export control and economic sanctions requirements. By accessing or otherwise using any services, content or software through any Simple Made Pretty Services, you represent and warrant that: (ix) your access to and use of the Simple Made Pretty Services, or any content or software therein, will comply with any and all requirements in these Terms; (x) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a terrorist-supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties; and (xi) you will comply with all applicable local, national, and international laws, rules, regulations and ordinances in connection with your use of any Simple Made Pretty Services and our websites.
D. Third-Party Services and Content
Certain opinions, advice, statements, or other information may be made available by third parties through or in connection with the Simple Made Pretty Services (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Simple Made Pretty Services. SIMPLE MADE PRETTY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY SIMPLE MADE PRETTY SERVICE; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL SIMPLE MADE PRETTY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE SIMPLE MADE PRETTY SERVICES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE SIMPLE MADE PRETTY SERVICES.
E. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THE SIMPLE MADE PRETTY SERVICES, INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES, CONTENT, AND ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY ASSURANCES OR GUARANTEES OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE SIMPLE MADE PRETTY SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, DIY FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE SIMPLE MADE PRETTY SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE PARTICULAR GOALS, RESULTS, BENEFITS OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY SIMPLE MADE PRETTY SERVICES. YOU AGREE TO USE THE SIMPLE MADE PRETTY SERVICES AT YOUR SOLE RISK.
YOU WILL NOT HOLD SIMPLE MADE PRETTY OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SIMPLE MADE PRETTY SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE SIMPLE MADE PRETTY SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
YOU ACKNOWLEDGE THAT WE DO NOT CONTROL ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH OUR WEBSITES, INCLUDING WITHOUT LIMITATION, INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO US FROM THIRD PARTIES. CERTAIN WARRANTIES WITH RESPECT TO PARTICULAR PRODUCTS/SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITES MAY BE AVAILABLE THROUGH MANUFACTURERS’ WARRANTIES, THOUGH NOT THROUGH SIMPLE MADE PRETTY; PLEASE READ THE WARRANTIES INCLUDED IN THE DOCUMENTATION PROVIDED ALONG WITH THOSE PRODUCTS/SERVICES FOR FURTHER DETAILS. EXCEPT AS OTHERWISE AGREED IN WRITING, WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITES.
4. Your Content and Account
A. User-Generated Content
You may not submit or upload User Generated Content that is illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law, as determined by Simple Made Pretty in its sole and absolute discretion. We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User Generated Content or communications you submit, at any time and for any or no reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to or consent from any other person or entity, to use and exploit, and you fully and unconditionally authorize us to use and exploit, your User Generated Content in all manners and mediums (including commercial use) desired by Simple Made Pretty, including as contemplated by these Terms. You agree to indemnify and hold us and our affiliates, parent companies, and subsidiaries, and each of their respective employees, officers, and directors harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights. You waive any right to injunction or other equitable relief in connection with Simple Made Pretty’s use or exploitation of User Generated Content.
We will not be responsible or liable to any third party for any User Generated Content. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other users of the Simple Made Pretty Services, or any authors, experts, celebrity trainers or otherwise. User-Generated Content shall not state or reflect the attitudes and opinions of Simple Made Pretty, and any views and opinions expressed on our websites shall not be attributed to or otherwise endorsed by Simple Made Pretty.
B. License to Your User-Generated Content
We do not claim ownership to your User Generated Content; however, you grant us a perpetual, fully paid-up, non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works of, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with the Simple Made Pretty Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your User Generated Content in connection with any advertising, product packaging, printed publications, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, applications, or on our websites or in any other commercial manner. We are not, however, obligated to use your User Generated Content.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a limited, non-transferable, non-exclusive license to create a derivative work using our copyrighted works as required for the sole purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
C. Public Forums
Certain Simple Made Pretty Services include public forums, which include without limitation, discussion forums, message boards, blogs, chat rooms or instant messaging features. You acknowledge these public forums are for public and not private communications. You further acknowledge that any User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share or exchange by means of any public forum and for the consequences of submitting or posting same. You acknowledge and agree Simple Made Pretty is not responsible for any content posted on public forums by any third parties, including without limitation any content which you may find illegal, infringing, false, defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, negative, offensive or harmful.
D. User Conduct
You must only use the Simple Made Pretty Services for lawful purposes, and you must not use them in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of any Simple Made Pretty Services. In using any Simple Made Pretty Services, and in particular, our websites, you expressly acknowledge you are prohibited from and agree that you will not without our prior express written consent:
- copy, reproduce, or improperly use, post or access any content on the Simple Made Pretty Services;
- modify, distribute, or re-post any content on the Simple Made Pretty Services for any purpose;
- use the content on the Simple Made Pretty Services for any commercial exploitation whatsoever;
- disrupt or interfere with the security of, or otherwise abuse, the Simple Made Pretty Services, or any services, system resources, accounts, servers, or networks connected to or accessible through the Simple Made Pretty Services or affiliated or linked sites;
- access content, data or portions of the Simple Made Pretty Services which are not intended for you, or log onto a server or account that you are not authorized to access;
- attempt to probe, scan, or test the vulnerability of the Simple Made Pretty Services, including websites, applications, or any associated system or network, or breach security or authentication measures without proper authorization;
- access any Simple Made Pretty Services or our websites through any automated means, such as “robots,” “spiders,” or “offline readers”;
- interfere or attempt to interfere with the use of the Simple Made Pretty Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- use any data mining, “scraping”, web crawling, robots, or similar data gathering and extraction methods on the Simple Made Pretty Services;
- harass, “stalk”, disrupt or interfere with any other user’s enjoyment of the Simple Made Pretty Services or affiliated or linked sites;
- upload, post, or otherwise transmit through or on the Simple Made Pretty Services any viruses or other harmful, disruptive, or destructive files;
- use, frame, or utilize framing techniques to enclose any Simple Made Pretty trademark, logo, or other proprietary information (including the images found at our websites, the content of any text, or the layout/design of any page or form contained on a page) without Simple Made Pretty’s express written consent;
- use meta tags or any other “hidden text” utilizing a Beachbody name, trademark, or product name without Simple Made Pretty’s express written consent;
- deep-link to the Simple Made Pretty Services, including our websites without Simple Made Pretty’s express written consent;
- create or use a false identity on the Simple Made Pretty Services, share your account information, use another individual’s account information, or allow any person besides yourself to use your account to access the Simple Made Pretty Services;
- harvest or otherwise collect information about Simple Made Pretty users, including email addresses and phone numbers;
- download, “rip,” or otherwise attempt to obtain unauthorized access to any Simple Made Pretty Services, content or other materials; and
- post any copyrighted material unless the copyright is owned by you.
E. Your Account; Passwords
Certain Simple Made Pretty Services permit or require you to create an account to enjoy additional services and benefits that we provide. You agree to provide and maintain accurate, current and complete information for your accounts, including as applicable, your name, contact, and payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of the information you provide.
We have adopted and implemented a policy that provides for the suspension or termination, in appropriate circumstances and in our sole and absolute discretion, of the accounts of users who violate these Terms, are repeat infringers of copyright, or engage in, encourage or advocate for offensive, abusive, or illegal conduct.
You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You may not share your password or other login information with any person; any use of your account by any person other than yourself is grounds for suspension or termination of your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Simple Made Pretty Services. You agree not to use the account, username or password of any other account holder at any time. Simple Made Pretty will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
F. Member Public Profiles
When you create an account with us (such as a Simple Made Pretty Members account), you may be asked to provide certain personal information, such as your name and e-mail address. Some of this information may be publicly viewable by others, such as other Simple Made Pretty members or account holders.
Simple Made Pretty relies on its members to provide current and accurate information, and we do not, and cannot, investigate information contained in member public profiles. Simple Made Pretty does not represent, warrant or guarantee the accuracy of public profile information, and hereby disclaims all responsibility or liability for any information provided by members by means of public profiles or otherwise.
You are solely responsible for your interactions with other members. You acknowledge and agree that Simple Made Pretty does not (i) screen its members; (ii) inquire into the backgrounds of its members; or (iii) review or verify the statements of its members, including without limitation, information or representations contained in public profiles. Simple Made Pretty does not warrant, endorse or guarantee the conduct of its Members or their compatibility with you, and you agree to exercise all precautions in your interactions with other members. Like all open forums on the Internet or social media, you should always be careful about what you share in a public forum, and in particular, you should never share your password, social security number or any other personal information.
5. Simple Made Pretty’s Products/Services; Websites; Orders
A. Our Guarantee
Most of our products and services carry a specific money-back guarantee, return or exchange policy starting from the date that the product or service is delivered or supplied to you. Please review the information provided with your product/service for specific details.
B. Product and Service Descriptions, Price and Other Information
We have taken reasonable precautions to ensure that all product descriptions, prices and other information shown on our websites are correct and fairly described. However, when ordering products or services through our websites, please note that:
- Simple Made Pretty reserves the right to not accept any orders if there is a material error in the description of the product or service, or if the price advertised is incorrect;
- Simple Made Pretty reserves the right to refuse or discontinue the supply of any product or service to any customer, or change, suspend or discontinue any aspect of our websites at any time in our sole and absolute discretion;
- all prices are displayed in United States Dollars unless expressly indicated otherwise;
- when you place an order, we estimate the tax applicable to your order and include that estimate in the total for your convenience (the final tax amount will be based on the then-current rate as established by the taxing authority, charged to your payment card, and reflected in the order confirmation and package invoice we provide to you)
Please also note that we may be required to change the terms of any products, goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, and specifications. We will provide you with prior notice of any changes, by posting a notice on our websites, sending an e-mail to you at the address you provided at the time of purchase, or by including a notice in any products you receive on an automatic recurring or subscription basis. Simple Made Pretty will not incur any obligation as a result of such change. As a valued customer, you are always free to cancel future orders at any time by emailing [email protected] By continuing to accept products, goods and/or services after we have notified you of a change to any terms, you will be deemed to have accepted the change.
C. Order Processing
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being canceled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting any order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after we have processed your payment but prior to delivery, we will, of course, refund your payment.
All purchases are subject to applicable shipping and handling, and sales and/or other taxes, which will be applied to your order total. For non-shippable goods, sales and/or other taxes will be calculated based on the billing address provided.
For purchases where sales tax is applicable, you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Tax shown at checkout is an estimate and the actual tax collected may differ once we process the order. We use commercially reasonable efforts to calculate and remit the correct amount of tax required on each taxable Purchase, but we do not guarantee the accuracy of the amount of the tax represented as owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” and timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over-collect or under collect your tax. In consideration of our allowing you access to the use of the Simple Made Pretty Services, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and you agree to hold us, our officers, directors, employees, agents and representatives, harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred as a result of our error in calculating the taxes you owe for your purchases.
If you purchase any Simple Made Pretty Services on third-party platforms, such as Apple, those third parties may be responsible for collecting and remitting applicable taxes to the taxing authorities.
E. Your Personal and Payment Information
When you provide any information to us for any reason, such as to sign up for an offer, use our mobile applications, or purchase our Simple Made Pretty Services, you agree to only provide true, accurate, current, and complete information. By providing any credit card or other payment card information to us, you represent that such payment information is correct and belongs to you or you have the authority to use such payment card. In the case of an e-mail, you must provide an accurate e-mail address that is registered to you. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is canceled (for example, for loss or theft). Changes to such information can be made by contacting [email protected] To help keep your account current and prevent service interruption, you acknowledge Simple Made Pretty may update your payment card information on file when it is set to expire or based on updates it receives from the bank that issues your payment card. You agree that your placement of an electronic order on our websites is sufficient to satisfy any applicable Statute of Frauds, and no further writing is required.
F. IMPORTANT AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED PRODUCTS
We offer certain products and services on an automatic or subscription basis, so you can enjoy all the benefits of our products or services on a continuous basis. If you choose this option at the time of your purchase, you agree such products/services will automatically renew at the frequency disclosed to you at the time of your initial purchase (i.e., monthly, quarterly or annual basis, etc.). By choosing the automatic subscription option, you acknowledge and agree your subscription will automatically renew, and unless and until you cancel, you authorize us to charge your payment card for the products/services you continue to purchase, plus applicable shipping and handling, and taxes. If you purchased a subscription with a free trial period, you authorize us to charge your payment card when the free trial period ends unless you cancel your subscription before the free trial period ends, and you will not receive a notice from us that your free trial period has ended. The charges will typically occur on or around the same day of the month as your initial purchase, although some charges may be delayed for business or legal reasons. Your automatic subscription will continue until you or Simple Made Pretty cancels your order. If there are any changes to your subscription terms, such as pricing, frequency, date of charge or any other items, we will take commercially reasonable efforts to inform you in writing of such change. You may modify or cancel your subscription at any time by contacting [email protected] Any modifications or cancellation of your subscription must be received by us at least three (3) days prior to the next scheduled payment/ship date in order to take effect for that period. If you cancel less than three (3) days prior to the automatic renewal day for your subscription, your subscription will continue as scheduled and your cancellation will take effect in the following period.
H. Simple Made Pretty’s Reservation of Rights
Simple Made Pretty reserves the right to suspend or terminate your interaction with any Simple Made Pretty Services for any or no reason in its sole and absolute discretion, including your access, use or purchase of any products, goods or services that we provide. If you are accessing, using and/or purchasing any Simple Made Pretty Services on behalf of a company, you represent you have sufficient authority to bind that company to these Terms.
6. Important Notice About Our Content
- Assumption of Risk. You expressly acknowledge and agree that your access, use and/or involvement with any Simple Made Pretty Services services may involve potentially dangerous activities that may lead to personal and/or bodily injury, death, temporary or permanent disability, loss of services, loss of consortium, or damage to or loss of property or privacy. You hereby acknowledge and willingly accept these risks and agree to unconditionally release and hold harmless Simple Made Pretty from and against all claims, suits, damages, losses, causes of action, costs, expenses or liability arising out of or related to your access, use and/or involvement with any Simple Made Pretty Services.
Counterfeit products hurt us all. While it causes immeasurable harm on a global basis—such as funding terrorism and organized crime, causing identity theft, and contributing to lost business and jobs—it also significantly harms companies, governments, and consumers. Simple Made Pretty is a victim of this problem and suffers from the illegal stealing, manufacturing, importing and selling of counterfeit Simple Made Pretty products. Although we are waging the war against counterfeit products, we need your help! If you ever learn of any counterfeit activity, please let us know by sending an email to [email protected]
8. Copyright Policy and Copyright Agent
It is Simple Made Pretty’s policy to respect the copyright and other intellectual property rights of others. Simple Made Pretty may remove content from its websites or other properties that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, Simple Made Pretty may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, Simple Made Pretty complies with the Digital Millennium Copyright Act.
If you believe that content available on or through the online Simple Made Pretty Services, or accessible via links posted on online Simple Made Pretty Services, infringes your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy. Please send a notification including all of the information described below (“Notification”) to our copyright agent by mail or e-mail using the contact information provided below.
You may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Therefore, if you are not sure whether content located on or accessible via a link posted on the online Simple Made Pretty Services infringes your copyright, you should contact an attorney.
A Notification must include the following:
- Identification of the copyright claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (preferably a link to the material).
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agent, or the law.
- The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement that the information in the Notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please direct Notifications via email to: [email protected] or by mail to:Simple Made Pretty, LLC
Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, we will respond expeditiously to remove or disable access to, the material that is claimed to be infringing. We will also terminate in appropriate circumstances users who are willful or repeat infringers.
9. Indemnification; Limitation of Liability
- Indemnification. You agree to indemnify and hold Simple Made Pretty, its parents, subsidiaries, affiliates, shareholders, officers, directors, employees, agents, and suppliers harmless from and against any claim, action, demand, loss, suit, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your improper use of any Simple Made Pretty Services, your violation of these Terms, or your violation of any rights of a third party.
- Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIMPLE MADE PRETTY OR ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY AND/OR IF WE WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO SIMPLE MADE PRETTY OR ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY BEACHBODY SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF SIMPLE MADE PRETTY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST NINETY (90) DAYS TO BEACHBODY FOR ANY SIMPLE MADE PRETTY SERVICES. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SIMPLE MADE PRETTY AND YOU. THE SIMPLE MADE PRETTY SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SIMPLE MADE PRETTY WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, NATURAL DISASTER, CIVIL UNREST OR WAR.
- Governing Law. You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any Dispute between you and Simple Made Pretty. As the Simple Made Pretty Services are controlled by Simple Made Pretty from Florida, Florida law will apply regardless of your residence or the location where you use Beachbody Services.
- Submissions and Unsolicited Ideas Policies. Simple Made Pretty is constantly developing new videos, online applications, and more. Although we typically develop programs internally, we understand some people may be interested in submitting their ideas for possible development and marketing within the Simple Made Pretty business model. Please note only those products and ideas which promise to uphold, if not improve, on our standards and reputation for premium and innovative products may be considered for our brand portfolio. Since we are constantly working on dozens of new projects at any one time, and also provided with many overlapping ideas by individuals outside Simple Made Pretty, we cannot sign non-disclosure agreements to review any submissions or for follow up conversations, or promise that any ideas or products you submit are not already being developed by us. In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. If you agree with these Terms and believe your new product or idea will fit within our exclusive brand portfolio, you may send your ideas, product samples, training videos, or program demonstration submissions to [email protected]
- International Users. Our websites are controlled, operated, and administered by Simple Made Pretty from its offices within the United States of America. Simple Made Pretty makes no representation or warranty that the materials contained within the Simple Made Pretty Services are appropriate or available for use at locations outside of the United States, and access to them from territories where the contents or products available through the Simple Made Pretty Services are illegal is prohibited. You may not use the Simple Made Pretty Services or export the Simple Made Pretty Services in violation of U.S. export laws and regulations. If you access the Simple Made Pretty Services from a location outside of the United States, you are responsible for compliance with any and all local laws, rules, regulations, and ordinances.
- Notices. All notices required or permitted to be given under these Terms must be in writing. Simple Made Pretty may provide you notice by sending you an e-mail to the address on file with us, which you agree electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR E-MAIL ADDRESS ON FILE WITH SIMPLE MADE PRETTY IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY SIMPLE MADE PRETTY OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Simple Made Pretty by means of U.S. mail, postage prepaid, to Simple Made Pretty, LLC, 9355 113th St. #4763, Seminole, FL 33775. Such notice to Simple Made Pretty shall be effective upon receipt of notice by Simple Made Pretty.
- Severability. If any provision of these Terms (except for Section 9), or a part thereof, shall be unlawful, void or for any reason unenforceable, then that provision or part thereof shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions or parts thereof.
- Termination. Notwithstanding anything to the contrary in these Terms, Simple Made Pretty reserves the right, without notice and in its sole and absolute discretion, for any reason or no reason, to terminate your access and use of any Simple Made Pretty Services, including to block or prevent your access and use of any of our websites. You agree that Simple Made Pretty shall not be liable for any interruption or termination of your access and/or use of our websites.
- No Third Party Beneficiaries. Except as set forth in these Terms, only you and Simple Made Pretty may enforce these Terms; no third party shall be entitled to enforce these Terms.
- Survival. The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
- Waiver. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing signed by the Chief Legal Officer of Simple Made Pretty in order to be effective.
- Assignment. Simple Made Pretty may assign these Terms to any person or entity at any time, for any reason, with or without notice to you.
- Amendments; Entire Agreement. These Terms may not be amended unless in a signed writing by the Chief Legal Officer of Simple Made Pretty These Terms constitute the final, exclusive and complete agreement between you and Simple Made Pretty regarding the subject matter hereof and supersede all agreements, communications and course of dealings between you and Simple Made Pretty.
- Language. It is the express intent of the parties that these Terms and all related documents have been written in English.