Acceptance of Terms
Description of Simply Good Services
The Sites provide Content and information and materials related to Atkins products, the Atkins Diet, Atkins Nutritional Approach, reduced or controlled carbohydrate nutrition, research, meal planners, recipes, and other nutritional and dietary information as well as a variety of other services, such as promotional offers, Community forums, blogs and success stories that You may find useful, motivational and interesting (collectively the “Services”). Much of the Content and Services provided on this Site relates to a healthy lifestyle and reduced carbohydrate nutrition as a key element of a healthy lifestyle and diet, but nothing contained on the Sites is intended to provide specific health care or medical advice. Should You have any health care-related questions, please call or see Your physician or other health care provider. You should never disregard medical advice or delay in seeking it because of Content and Services You may see or access here. All Content and Services provided here or accessed through the Sites is provided “AS IS” and without warranty, express or implied. All implied warranties of merchantability and fitness for a particular use or purpose are hereby excluded. Simply Good makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the Content on the Sites or accessed through the Sites. Simply Good is not responsible for updating Content or Services contained here, or providing information which may be inconsistent with or critical of the Atkins Diet, Atkins Nutritional Approach or a reduced or controlled carbohydrate approach to diet and nutrition.
Your Registration Obligations
Member Account, Password and Security
If you elect to become a Registered User on our Sites, You will be prompted to provide certain personally identifiable information, and You will also be prompted to select a user name and a password. Your user name will identify You as a Registered User and your password will allow You access Your account and personal page and those parts of the Sites that are accessible only by Registered Users. Upon completing the registration process You will have established Your personal account, as a Registered User, and a personal page on which You can post personal information and/or communicate with other Registered Users. Out of respect for Your privacy, information and Content that You post on Your personal page is accessible by other Registered Users only to the extent You permit with Your security settings. You are solely responsible for protecting Your Registration Data and Your password. We recommend that You do not disclose Your Registration Data and password to others.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person who transmitted the Content. This means that You are solely and completely responsible for all Content that You upload, post, email, transmit or otherwise make available on the Site. Although we have adopted community standards and conduct guidelines for the users of our Sites, Simply Good does not control the Content posted by You or others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Sites, You may be exposed to Content that is offensive or objectionable to You. Under no circumstances will Simply Good be liable in any way for any Content (other than Content we provide), including but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site by You.
You agree to not use any of the Sites to:
A. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity;
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded to or transmitted through the Sites;
E. upload, post, email, transmit or otherwise make available any Content that You do not have a legal right to make available to other persons;
F. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any person;
G. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
H. upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
I. interfere with or disrupt Simply Good’s servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites;
J. intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
K. “stalk” or otherwise harass another; and/or
L. solicit, collect or post personal data about other users of the Sites, including user names or passwords; or attempt to access another user’s account without his or her consent.
You acknowledge that Simply Good may or may not pre-screen Content, but that Simply Good and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is uploaded, emailed, transmitted or otherwise made available on the Sites. By allowing Registered Users the ability to post Content in the Community and interactive areas of the Sites, We are not undertaking any responsibility, obligation or liability relating to any postings or activities in any Community or other interactive area, nor does Simply Good endorse any such postings. Although We reserve the right to remove, without notice, any posting for any reason, We have no obligation to pre-screen or otherwise review postings or to delete postings that You may find objectionable or offensive. We are not responsible for maintaining a copy of any Content or posting that We remove from Our Sites, and We are not liable for any loss in the event that Content You post is removed.
Content Submitted or Made Available for Inclusion on the Simply Good Sites
We do not claim ownership of Content You submit or make available for inclusion on the Sites, but with respect to such Content, which may include but is not limited to photos, graphics, recipes, weight loss tips/suggestions, success stories, You grant to Simply Good the worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, and publicly display such Content on the Sites, but only for as long as You elect to continue to include such Content on the Sites. This License will terminate at the time You remove or that We remove such Content from the Sites.
Contributions to Simply Good
By submitting ideas, suggestions, recipes, product concepts, marketing and/or sales proposals, and any other form of unsolicited contribution (“Unsolicited Contributions”) to Simply Good through any of the Sites or otherwise, You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) Simply Good is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Simply Good shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Simply Good may have something similar to the Contributions already under consideration or in development; (e) Your Contributions automatically become the property of Simply Good without any obligation of Simply Good to You; and (f) You are not entitled to any compensation or reimbursement of any kind from Simply Good under any circumstances if Simply Good uses Your Unsolicited Contributions for commercial or non-commercial purposes.
SMS Terms and Conditions
1. By texting to an Simply Good Foods USA, Inc. short code, you consent to receive one or more automated texts at the phone number from which you texted or at the phone number you entered in the form.
2. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
3. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
4. By subscribing, you consent to receive Atkins Program Information. Up to 2 messages/ week.
5. By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or without cause and/or advance notice.
6. To cancel your SMS subscriptions, text STOP to 53005 in reply to a text message you receive. You may receive a subsequent message confirming your opt-out request.
7. For additional help, text HELP to 53005 in reply to a text message you receive.
8. Message and Data Rates May Apply
9. Text ATKINSKETO to 53005 to receive a 7-day Keto Meal Plan from Atkins (SMS Message).
10. T-Mobile® is not liable for delayed or undelivered messages.
11. United States Participating Carriers Include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others.
You agree to indemnify and hold Simply Good and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content, Contributions, Unsolicited Contributions, or anything else You submit, post, transmit, modify or otherwise make available through the Sites, or by Your use of the Sites, or Your violation of any rights of another.
No Commercial Reuse of Content
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any material or Content of any kind You see, download or otherwise access on any of Ours Sites.
General Practices Regarding Use and Storage
You acknowledge that We may establish general practices and limits concerning use of the Sites, including the number of days that email messages, message board postings or other uploaded Content or Contributions will be retained on the Sites, the maximum number of email messages that may be sent from a Registered User on the Sites, and the maximum size of any email message or posting that may be sent from a Registered User.
Modifications to Sites
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Sites (or any part thereof).
You may terminate Your registered account, any associated email address and access to the Sites by submitting such termination request by email to email@example.com or complete the form at www.atkins.com/contact-us .
Simply Good’s Proprietary Rights
You acknowledge and agree that Content contained in or information presented to You through the Sites is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Us or the applicable licensor, in writing, You agree not to modify, sell, distribute, transmit, broadcast, or create derivative works based on such Content, in whole or in part, for any commercial use or for any other purpose whatsoever.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SITES IS AT YOUR SOLE RISK, AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Simply Good AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Simply Good AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITES; (B) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Simply Good SITES; (C) ANY CONTENT, CONTRIBUTIONS, UNSOLICITED CONTRIBUTIONS OR POSTINGS OF ANY KIND WHATSOEVER, OR (D) ANY OTHER MATTER RELATING TO THE Simply Good SITES.
You agree that all of Simply Good’s trademarks, trade names, service marks and other Simply Good logos and brand features, and product and service names are trademarks and the property of Simply Good (the “Simply Good Marks”). Without Simply Good’s prior written permission, You agree not to display or use in any manner the Simply Good Marks.
Notice and Procedure for Making Claims of Copyright or Intellectual Property
Simply Good respects the intellectual property of others, and we ask our users to do the same. Simply Good may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Simply Good the following information:
A. Adescription of the copyrighted work or other intellectual property that You claim has been infringed;
B. A description of where the material that You claim is infringing is located on the site;
C. Your address, telephone number, and email address;
D. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
E. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Simply Good’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Simply Good Foods USA, Inc.
Attention: Legal Department
1225 17 th Street, Suite 1000
Denver, CO 80202