Terms of Service
By using the Community Creative Designs, LLC website www.simetre.com you are agreeing to the following terms and conditions. Before you may become a member of the MyPhresh community and to use this website, you must read and accept all of the terms and conditions. We recommend that you read this User Agreement as well as other disclaimers very carefully. SIMETRE, LLC, PROVIDES THIS WEBSITE AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS AS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
1. Original Content
You agree that any and all content you post are your own original work and that you own all rights necessary to sell same. Community Creative Designs, LLC takes no responsibility and will not be held legally liable for any forged or plagiarized content uploaded on Community Creative Designs, LLC’s website and/or produced by Community Creative Designs, LLC.
2. Web Copyright
All pages within this Internet website ("Website") are the property of Simetre, LLC and/or its affiliates. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Simetre, LLC.
3. Trademark Notice
"Simetre, LLC. , "simetre.com, "Simetre." logos are common law trademarks and service marks of Simetre, LLC. All other trademarks, service marks and logos used in this website are the trademarks, service marks or logos of others.
4. Warranty Disclaimer
THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH NO REPESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND WEBSITE-RELATED SERVICES.SIMETRE, LLC, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICESAND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR WEBSITE-RELATED SERVICES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. Although Simetre, LLC attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Simetre, LLC so that it can be corrected.
5. Choice of Law; Venue; Notice of Changes
This Agreement is subject to the laws of the State of Oregon and shall be governed by and construed in accordance with those laws, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Multnomah, State of Oregon, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Community Creative Designs, LLC may modify the terms of this Agreement by posting notice of such modification on a page of the Website entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.
6. Termination & Service Access
7. Using Simetre, LLC
While using the Websites, you will not:
- Post content which is not your own unless given permission.
- Post inappropriate or offensive content
- Harass other users
- Fail to deliver items purchased from you
- Post content which is false in nature in any manner
- Mislead other users
- Transfer your Simetre, LLC account to another party without our consent
- Spam or chain letter users
- Send viruses or other technologies that may harm Simetre, LLC or this website’s users
- Collect information about users, such email addresses, without their consent.
8. Abusing Website of Simetre, LLC
You will not hold Simetre, LLC responsible for other users' actions or inactions, including all postings.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
11. Fees and Services
We do collect a fee to join the Website or to use the services offered on the Website. We do provide a platform for members to record, measure and talk about their physical, mental and emotional health, fitness and well-being. We provide information to assist our members to live a healthier lifestyle
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