Please read these Terms of Service ("Terms") carefully. By downloading, accessing, or using the website or other products or services of Shibby Ventures LLC, SimpleProteinTracker.com, and our affiliates ("SimpleProteinTracker", "we", or "us"), or the services, features, or functionality jointly offered with other companies through our website (collectively, the "Service" or "Services"), you agree to be bound by these Terms. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services.
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern as to the respective party's relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality. SimpleProteinTracker is not responsible or liable for a third party's terms or actions taken under the third party's terms.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SimpleProteinTracker WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
This website and it's services are free to use.
The Services consist of interactive features and areas that allow users to create, post, transmit, and store content, including but not limited to photos, text, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others on the Internet.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that SimpleProteinTracker is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You agree to provide true, accurate, current, and complete information about yourself as prompted by the Services' membership form (such information being the "Membership Data") and to maintain and promptly update the Membership Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SimpleProteinTracker has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SimpleProteinTracker has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You retain all ownership rights in your User Content. However, by submitting User Content to SimpleProteinTracker, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"). Without limiting the foregoing, when you submit User Content to SimpleProteinTracker, you agree that the User Content License accords SimpleProteinTracker the right to sublicense such User Content to other companies, organizations, or individuals in any and all media or distribution methods, now known or later developed. No use of User Content in accordance with the User Content License shall entitle you to any compensation from SimpleProteinTracker, or any other companies, organizations, or individuals.
You agree that any feedback, suggestions, ideas, or other information or materials regarding SimpleProteinTracker or the Services that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of SimpleProteinTracker. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "SimpleProteinTracker Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, or other intellectual property laws. Unauthorized use of SimpleProteinTracker Content may violate such laws and these Terms. Except as expressly provided in these Terms, SimpleProteinTracker does not grant any express or implied rights to use SimpleProteinTracker Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, SimpleProteinTracker Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and SimpleProteinTracker Content. This license is revocable at any time. This license is subject to these Terms and does not include:
Any use of the Services or SimpleProteinTracker Content other than as specifically authorized in these Terms, without the prior written permission of SimpleProteinTracker, is strictly prohibited and will terminate the license to use SimpleProteinTracker granted in these Terms.
You acknowledge and agree that SimpleProteinTracker may preserve User Content and Membership Data and may also disclose User Content and Membership Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content or Membership Data violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SimpleProteinTracker, its users, and the public.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
After opening a SimpleProteinTracker account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients. If you use any such application or client, you acknowledge and agree that SimpleProteinTracker will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
SimpleProteinTracker respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our site. If SimpleProteinTracker becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user's account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our designated agent:
Report Copyright Infringement
Attn: Copyright Agent
7904 E Chaparral Rd
Ste A110 PMB 473
Scottsdale, AZ 85250
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
THE SIMPLEPROTEINTRACKER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SIMPLEPROTEINTRACKER SERVICES ARE PROVIDED BY SIMPLEPROTEINTRACKER ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SIMPLEPROTEINTRACKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SIMPLEPROTEINTRACKER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SIMPLEPROTEINTRACKER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SIMPLEPROTEINTRACKER SERVICES IS AT YOUR SOLE RISK.
SIMPLEPROTEINTRACKER TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH SIMPLEPROTEINTRACKER WILL BE RESPONSIBLE FOR.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMPLEPROTEINTRACKER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLEPROTEINTRACKER DOES NOT WARRANT THAT THE SIMPLEPROTEINTRACKER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SIMPLEPROTEINTRACKER SERVICES, SIMPLEPROTEINTRACKER'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM SIMPLEPROTEINTRACKER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIMPLEPROTEINTRACKER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SIMPLEPROTEINTRACKER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SIMPLEPROTEINTRACKER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
You acknowledge that SimpleProteinTracker may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings, Membership Data, or other uploaded User Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on SimpleProteinTracker' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that SimpleProteinTracker has no responsibility or liability for the deletion or failure to store any messages and other communications or other SimpleProteinTracker Content maintained or transmitted by the Services. You acknowledge that SimpleProteinTracker reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SimpleProteinTracker reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that SimpleProteinTracker, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Services, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if SimpleProteinTracker believes that you have violated or acted inconsistently with the letter or spirit of these Terms. SimpleProteinTracker may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that SimpleProteinTracker may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Services. Further, you agree that SimpleProteinTracker shall not be liable to you or any third-party for any termination of your access to the Services.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless SimpleProteinTracker, our members, managers, officers, employees, affiliates, parent companies, subsidiaries, contractors, licensors, and suppliers (the "SimpleProteinTracker Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
Except where prohibited by law, in no event will SimpleProteinTracker or the SimpleProteinTracker Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if SimpleProteinTracker has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against SimpleProteinTracker for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, SimpleProteinTracker is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, SimpleProteinTracker' liability shall in no event exceed the amount you paid for the Services over the last 12 months, or $100.00, whichever is greater. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SimpleProteinTracker TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
To the extent that these Terms allow you or SimpleProteinTracker to initiate litigation in a court, both you and SimpleProteinTracker agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States District Court for the District of Arizona. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in a court of competent jurisdiction in Maricopa County, Arizona. You and SimpleProteinTracker consent to the personal jurisdiction of both courts.
Except to the extent they are preempted by U.S. federal law, the laws of Arizona, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Questions and Comments
SimpleProteinTracker welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting https://simpleproteintracker.com/contact.