The eatimple.com Web Site (the "Site" or "Website") is an online information service provided by Digiperor LLC ("digiperor.com" - "Company", "we" or "us"), subject to your compliance with the terms and conditions set forth below.
By using the Site, you agree to be bound by these terms of service and to use it in accordance with them, our privacy policy, our shipping policy, our return policy, and any other additional terms and conditions that might be applicable to particular areas of the Site or to goods and services offered through the Site or from the business. Any type of access to the Site counts as usage of the Site and your acceptance of these Terms of Service. The Terms of Service are subject to change at any moment, and we retain the right to do so. The updated Terms will be posted on this website. By continuing to use the Site, you accept the Terms of Service as modified.
Before using or accessing this website, please carefully read this document. You accept to be governed by the terms and conditions listed below by accessing or using the website. You are not permitted to access or use the site if you do not wish to be bound by these terms and conditions. This agreement may be updated at any time by digiperor.com, and such modifications shall take effect as soon as they are posted on the website. Your continued access or use of the site shall be deemed your conclusive acceptance of the changed agreement, and you agree to review the agreement from time to time to be aware of any updates.
International copyright and trademark laws cover the whole content of the website. digiperor.com, its affiliates, or other third-party licensors are the rightful owners of all copyrights and trademarks. You are not permitted to change, duplicate, reproduce, publish, upload, post, transmit, or distribute in any way the text, graphics, code, and/or software that are found on the website. The Site's content can be printed and downloaded in part for personal, non-commercial use, but only if you promise not to alter or remove any copyright or proprietary information.
We, our affiliates, or our licensors are the exclusive owners of this Site and all of its contents, which are protected by copyright, trademark, and other intellectual property laws. You may use the Site only for your own personal, noncommercial purposes. It is prohibited for you to use the website or its contents in a way that violates our rights or is not permitted by us. You are not allowed to alter, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute any content from the Site in any way (including by email or other electronic means) unless expressly permitted by these Terms or the content's owner. You are permitted to occasionally download and/or print one copy of specific pages from the Site for your private, non-commercial use as long as all copyright and other proprietary markings are preserved.
The Eatimple websites (the "Site" or "Sites") are where products are bought and sold. These conditions apply to both transactions. Digiperor LLC ("company,", "us," "we," or "our," as the situation may require") has the right to modify these terms at any time and without prior written notice, for any reason. The "Last Effective Date" noted on the Site will serve as the effective date for any modifications to the terms. Before purchasing any product made accessible through this site, you should carefully read these terms. After a modification to these terms is posted, if you continue to use this site, it means you accept and agree to the new terms.
You consent to granting a perpetual, non-exclusive, worldwide, sublicensable license to digiperor.com to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to eatimple.com or digiperor.com by all means and in any media now known or hereafter developed.
Additionally, you authorize digiperor.com to use your name in connection with the information and materials you submit, as well as in connection with any associated advertising, marketing, or promotional materials. You acknowledge that any alleged or actual infringement or misappropriation of any proprietary right in your communications to digiperor.com, eatimple.com, or its websites shall not give rise to any claim against digiperor.com.
By submitting any content to us via the Site, online forums, social media platforms, or to any member of our staff via email, text, or other means, including without limitation comments, blog posts, Facebook updates, images, and videos, you are representing the following: (i) you are the material's owner or are uploading or submitting with the material's owner's express permission; and (ii) you are eighteen years of age or older. A royalty-free, perpetual, irrevocable, non-exclusive, unrestricted license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose is also granted when you submit, email, text, deliver, or post any material. The aforementioned grant includes the authority to commercially exploit any proprietary rights in the preceding posting or submission, including but not restricted to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us and anyone authorized by us the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You understand and agree that any contributions you initially made for us shall be regarded "work made for hire" if the work is completed in accordance with Section 101 of the United States Copyright Law, as amended, which defines a "work made for hire." As a result, the firm shall have ownership of the copyrights in those works from the time of creation. As a result, the company shall be regarded as the only creator and owner thereof and shall be granted the right to exploit all or any portion of the results and proceeds in any and all media, whether now known or later developed, globally, in perpetuity, and in any language the business deems appropriate.
You hereby, without further payment, irrevocably assign, convey, and transfer to the Company all proprietary rights, including without limitation, all copyrights and trademarks throughout the world, in perpetuity in every medium, whether now known or hereafter devised, to such material, and an interest in and to all results and proceeds of the submissions made by you hereunder that are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended. We shall share ownership of any posted contents that are copies of earlier works by you.
You agree that the company is free to use and display any postings or contributions of any type but is not obligated to do so. You also agree that the company may choose to stop using and displaying any such materials (or any portion of them) at any time for any reason.
TRADEMARKS
The exclusive trademarks or servicemarks of digiperor.com are used in connection with the publications, products, content, or services referenced here or on the Site. There may be trademarks associated with other company and product names mentioned on the website.
The first important note is that this Site may include a number of tools, including message boards, web logs, chat rooms, email services, and others that let users connect with one another and provide feedback to the site's administrators in real time. Each user is solely responsible for the content they upload or send through any email services available on the site, including message boards, web logs, chat rooms, and other public posting places. The communications, data, or files that you or other parties may send over the Site are not within our control. Your use of the Site is subject to the following terms and conditions:
. Prevent any other user from utilizing and benefiting from the Site.
. Use the Site to pretend to be someone else or something else, or to fraudulently claim or otherwise misrepresent your affiliation with someone or something.
. Disobey any rules, procedures, policies, or regulations of the networks we use to deliver the Site; interfere with or disrupt any servers or networks utilized to deliver the Site or its features.
. Use the website to incite or exhort others to engage in crime, harm people, or destroy their property.
. Using hacking, password mining, or other illegal methods, gain unauthorized access to the Site or any account, computer system, or network linked to this Site.
. Acquire or make an effort to acquire any materials or information through any method that was not intended to be made available through this Site.
. Use the website to post or send any illegal, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent content, including without limitation any transmissions that encourage behavior that would be illegal, bring about civil liability, or violate local, state, national, or international laws.
. Use the Site without first obtaining consent from the owner or right holder to post or transmit any information, software, or other content that violates or infringes the rights of others, including content that is an invasion of privacy or publicity rights, is protected by copyright, trademark, or other proprietary rights, or derivative works with respect thereto.
. Use the Site to post or transmit any data, software, or other content that is contaminated with malware.
. Use the website to post, transmit, or in any other manner make use of any data, software, or other content that is intended for sale or contains advertising.
. Without our prior written consent, use the Site to advertise or solicit someone to purchase, sell, or donate anything to you.
. Get any email addresses or other personal information supplied by other site users for marketing reasons.
On its websites and other platforms, the company may host message boards, chats, and other open or closed forums. Any user who does to abide by the provisions of this agreement may be banned from future use of the message boards, groups, chats, or other services. Any user-generated content may be removed at any time for any reason by the firm or its designated agents. Users and subscribers can use message boards, chat rooms, and other open forums as discussion hubs. The workers of the company, outside contributors, or users not affiliated with the company, some of whom may go by anonymous names, may all contribute information and content to these open forums. The business clearly disclaims all liability and support for any opinions and makes no promises as to their reliability, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. You agree that we, our affiliates, suppliers, and agents are not responsible for any loss or damage resulting from your reliance on the information you find on these forums or over the internet. The views stated in these forums are those of the participants alone, and they do not represent those of the business or any of its subsidiaries or affiliates.
There is absolutely no duty on the part of the firm to keep an eye on any of the postings or content on message boards, chat rooms, or other open forums on the Sites. You do, however, understand and accept that we have the sole authority to monitor the same at any time.
Moreover, we reserve the right to change, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason. We also reserve the right to reveal such materials and the circumstances of their transmission to any third party in order to comply with any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.
We may require you to submit demographic data, such as your gender, year of birth, zip code, and country, in order to use certain features of the Site. Additionally, if you choose to register with us for a feature of the Site, such as member area, chat rooms, web logs, or bulletin boards, you may be requested to submit personally identifiable information, such as your name and email address, on the form that is given. You consent to answering all questions on the site's registration form honestly, completely, and up to date. If we have good reason to believe that the provided information is false, incorrect, or incomplete, we have the right to suspend or delete your account and refuse any and all current or future use of the Site (or any portion thereof). The provisions of our Privacy Policy apply to how we utilize any personally identifiable information you give us as part of the registration process.
You will need a username and password, which you will get through the site's registration process, in order to utilize some of its features. You are accountable for all activity (whether carried out by you or by third parties) that take place under your password or account as well as for keeping your password and account confidential. You consent to alert us right away if your password, account, or any other security breach is used without your permission. You also agree to make sure that you log out of your account at the conclusion of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
You are aware that the firm and eatimple.com do not in any way operate, control, or endors any information, products, or services on the Internet other than those that are expressly acknowledged on the site as being provided by digiperor.com or eatimple.com. All information, products, and services supplied through the Site or generally on the Internet are provided by third parties who are not associated with eatimple.com, with the exception of information, products, or services indicated by digiperor.com and eatimple.com. Furthermore, you are aware that eatimple.com cannot and does not promise or warrant that any files made available for download via the Site will be free of infection by viruses, worms, Trojan horses, or other harmful programming. In order to meet your specific needs for data input and output accuracy, you must put in place enough procedures and checkpoints. You must also maintain a method outside of the Site for recovering any lost data.
For using the Site and the internet, you accept full liability and risk. eatimple.com makes no express or implied warranties, representations, or endorsements whatsoever, including, without limitation, warranties of title or noninfringement or the implied warranties of merchantability or fitness for a particular purpose, with regard to the service, any merchandise information, or service provided through the service, or on the internet generally, and eatimple.com is not responsible for any cost or damage arising directly or indirectly from any such transaction. eatimple.com provides the site and related information "as is". It is exclusively your obligation to verify the truthfulness, exhaustiveness, and applicability of all statements made in any opinion or recommendation made through the service or generally on the internet. eatimple.com makes no guarantees that the service will operate without interruption or mistakes, or that any errors in the service will be fixed.
Furthermore, you are aware that the unfiltered nature of the internet includes some sexually explicit or otherwise objectionable items. You do so at your own risk while accessing such items. eatimple.com has no control over these contents and disclaims all liability in connection with them.
Limitation of liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. The above limitation might not apply to you because certain states do not permit the exclusion or limitation of certain categories of damages. In such states, we and our parent, subsidiary, and affiliate corporations' liability is capped to the highest degree allowed by state law. You expressly acknowledge and concur that we are not responsible for any defamatory, offensive, or illegal conduct on the part of any user. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES, AND/OR MATERIALS IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS.
This website is constantly being developed, and the company disclaims all implied or express warranties regarding its accuracy, completeness, or suitability for any purpose.
Regarding the website's content on health and wellness:
This website is exclusively intended for educational reasons and provides information about health, wellness, fitness, and nutrition. This material shouldn't be used in place of or to replace seeking professional medical advice, a diagnosis, or treatment. Always consult a doctor or other health care professional if you have any concerns or questions about your health. IF YOU HAVE READ ANYTHING ON THIS WEBSITE, DO NOT DISREGARD, AVOID, OR DELAY SEEKING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL. You alone are responsible for any risks associated with using the material on this website.
Nothing on this website, in any posts, or in any services offered is intended to be, and should not be construed to be, the practice of providing medical or counseling care. PHYSIOTHERAPY, PSYCHOLOGY, PSYCHOTHERAPY, OR GIVING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS, OR ADVICE ARE ALL DEFINED AS PRACTICES OF MEDICINE AND COUNSELING FOR THE PURPOSES OF THIS AGREEMENT.
eatimple.com shall not be responsible for any direct, indirect, incidental, special, or consequential damages that result from the use of or the inability to use the service, any information, or transactions made on the service, downloaded through the service, or that are delayed in connection with the use of the service. The aforementioned exclusion or limitation of liability for consequential or incidental damages may not apply to you even if eatimple.com or its authorized representatives have been informed of the possibility of such damages or any claim related to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. In such states, eatimple.com's liability is limited to the greatest extent permitted by law.
eatimple.com disclaims all responsibility for any representations made by other websites that you may visit from this one or that may link to this Site. Please be aware that any website you access that is not owned by eatimple.com is independent of us and that we have no control over its content. In addition, a link to a eatimple.com website does not mean that eatimple.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to defend, hold harmless, and indemnify digiperor.com and eatimple.com, their officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you or any other person accessing the Service. This includes negligence or other wrongful behavior.
For the benefit of digiperor.com, eatimple.com, and their respective officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service, the provisions of paragraphs 4 (Use of the Site) and 5 (Indemnification) apply. These parties shall each have the right to assert and enforce such terms against you on their own behalf.
You may be able to purchase a variety of online goods and services offered by third parties in some areas of the Site. The dependability, timeliness, accuracy, or any other feature of these products and services is not our responsibility. The information we gather when you visit a merchant's online store or website or the information you provide as part of a transaction, such as your credit card number and contact information, may be collected by the merchant and us if you make a purchase from a merchant on the Site or on a website that the Site links to. A retailer could have different data collecting and privacy policies than us. These independent policies are not our responsibility or subject to our liabilities. Additional terms and conditions that relate expressly to your purchase or usage of such items or services may apply to you when you purchase products/services on or via the Site. Visit a merchant's website, click on the information links there, or get in touch with the merchant directly for further details about the merchant, its online store, its privacy policies, and/or any extra terms and conditions that could be applicable. You agree not to make any claims against us or our affiliates related to the purchase or use of any goods or services made available by third parties through the Site, and you release us and our affiliates from any damages that you suffer as a result.
Regarding the payment and delivery of specific goods and services, as well as any other terms, conditions, representations, or warranties related thereto, your participation in, correspondence with, or business dealings with any third party found on or through our Site are solely between you and that third party. You acknowledge and accept that the corporation is not liable or accountable for any loss, damage, or other issue of any kind sustained as a result of such dealings.
You acknowledge that all purchases made on the Site by you or anyone acting on your behalf will be your responsibility financially. You commit to using the website exclusively for legal, non-commercial activities and to making purchases of services or goods there. Additionally, you undertake to refrain from making any purchases for speculative, deceptive, or fraudulent reasons or in an effort to predict demand for a specific good or service. You acknowledge that you will only buy products or services for yourself or another person for whom you have the legal right to do so. You confirm that you have gotten the express authorization of the third party to provide such third party's personal information when making a transaction for a third party that necessitates providing the third party's personal information to us or a merchant.
We may include arrows and links to third-party Internet sites on various pages of the Site. Our inclusion of links to such third-party websites does not imply that we support or sponsor them, the material they include, or the goods or services they provide. Furthermore, neither we nor our affiliates run or have any kind of control over any information, goods, or services that third parties may offer on the Site, through the Site, or on websites to which the Site contains links.
Any views, recommendations, statements, actions, solicitations, or other information or content expressed or made available by third parties, including information providers, are theirs alone, and not those of the firm, unless expressly stated otherwise. The truthfulness, comprehensiveness, or usefulness of any content is not guaranteed by the firm or any other information provider. Additionally, other than an authorized company representative working in his or her official role, the firm neither endorses nor is responsible for the veracity or accuracy of any opinion, advice, or statement expressed on any of the Sites by anyone else.
THE SITE, COMPANY, AND ANY THIRD-PARTY WEBSITES' INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. We make no guarantees as to the continuity or error-free operation of the site or any of its functions, or as to the absence of viruses or other harmful components on any part of the site, including message boards or the servers that host it.
In terms of the correctness, accuracy, timeliness, reliability, or anything else, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES.
You consent at all times to defend, keep harmless, and indemnify the company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Your purchase of a product, service, or ticket to an event may or may not provide for a refund. Each single product, service, event, or course will mention its own refund policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides redress for copyright owners who think that anything appearing on the Internet infringes their rights under U.S. copyright law. If you think in good faith that materials stored by the company infringe your copyright, you or your agent may write to the company a notice requesting that the material be removed or access to it be prohibited. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with the requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. The company's Copyright Agent for notice shall be digiperor@digiperor.com.
This agreement shall be binding upon and inure to the benefit of the company and our respective assigns, successors, heirs, and legal agents. Neither this agreement nor any rights hereunder may be assigned without the prior written authorization of the company. Notwithstanding the foregoing, all rights and responsibilities under this agreement may be freely assigned by the company to any related entity or any of its wholly owned subsidiaries.
These agreements shall be regulated by and construed in accordance with the laws of the state of Michigan, USA, and any disagreement shall be subject to binding arbitration in Holly, Michigan. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You may not file a claim against us as a plaintiff or a class member in a class, consolidated, or representative action; rather, you may only resolve issues with us on an individual basis. None of the following are permitted: class arbitrations, class actions, private attorney general proceedings, or consolidation with other arbitrations.
Unless all parties specifically agree to do so after the arbitration is started, the arbitrator may not combine more than one person's claims and may not otherwise preside over a class or representative proceeding or claim (such as a class action, consolidated action, or private attorney general action).
In the event that any provision of these Terms of Service—other than the preceding class action waiver provision—is determined to be invalid or unenforceable, such provision shall be severed from these Terms of Service, and the remaining provisions shall remain in full force and effect. The dispute resolution clause shall not be enforceable if the class action waiver provision is determined to be invalid or unenforceable, and the court shall have exclusive jurisdiction over the matter.
We may cancel or terminate your right to use the Site or any part of it at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site impacted by such cancellation or termination. The restrictions placed on you with respect to anything downloaded from the Site, and the disclaimers and limitations of liability set forth in these Terms of Service shall persist.
This agreement may be canceled by either party without notice at any time for any reason. The provisions of each section shall survive any termination of this agreement.
The laws of the United States that apply to contracts signed and to be performed in the United States shall govern this agreement and be followed in construing it. You and eatimple.com acknowledge that jurisdiction over and venue in any legal action or proceeding between eatimple.com and you for any purpose related to this agreement or the parties' responsibilities hereunder shall be in the federal or state courts located in the USA. Any claim or cause of action you may have related to the service must be brought within one (1) month of the claim or cause of action arising, otherwise it will be forever barred. Any condition or right that is not strictly enforced by eatimple.com according to this agreement shall not be deemed to have been waived by eatimple.com. A condition of this agreement cannot be changed by the parties' past interactions or customary business practices. eatimple.com may, at any time and without prior notice to you, transfer its obligations and rights under this agreement to any party.
Any rights that aren't expressly granted in this clause are reserved.
The company reserves the right to modify this terms at any moment. If this terms and conditions should change, we will update this page on our website.
If you have any questions or concerns regarding our terms and conditions, please direct them to: digiperor@digiperor.com.
Effective Date: June 2023
Digiperor LLC
376 Beach Farm Cir #236, Highland, MI 48356
digiperor@digiperor.com