1. Limitations of Liability and Indemnification. By using any products or services provided by Simple Shui, you agree that in no event will Simple Shui, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the Simple Shui website and using any of the products or services available. Your sole remedy for any breach or default of this Agreement by Simple Shui shall be a return of any fees paid to Simple Shui for any products or services provided under this Agreement. You indemnify and agree to defend and hold harmless Simple Shui, its officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Simple Shui, including any breach by you of the Terms contained in this Agreement.
2. Ownership, Copyrights, Trademarks, Licenses. Simple Shui owns and retains all proprietary rights to the Simple Shui products, including but not limited to its videos, photographs, podcasts, blog material, and workbooks (collectively, the “Content”), and services, its trademarks and copyrights. You are not authorized to reproduce, transmit or distribute the proprietary information of Simple Shui. No rights or title of to any of the proprietary on Simple Shui are provided, transferred or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of Simple Shui’s Content or services, in whole or in part.
3. Use of Content. You may copy, download one copy on a single computer, and print a limited amount of Content, for your personal, non-commercial use only, provided that (a) you do not modify the Content, and (b) you do not use the Content in a manner that suggests Simple Shui promotes or endorses you or any third party. You may use the Content only as expressly permitted in this Agreement. To request permission for any other use of Content, please email us at firstname.lastname@example.org.
Simple Shui provides podcasts consisting of audio content that is provided using an RSS feed and associated file so that the file may be downloaded and played from a user’s computer or mobile device. Podcasts are available only for personal, noncommercial use. You may download, copy and/or transfer a podcast to a computer or mobile device only for your personal, non-commercial use, provided that you do not modify the content. You also may link to podcasts from your site, blog, application, platform or service, as long as (a) the links redirect the user to the Simple Shui website when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable portion of the Simple Shui website, (c) the linking does not suggest that Simple Shui promotes or endorses any third party’s causes, ideas, sites, applications, platforms, products or services, (d) you do not use Content for inappropriate commercial purposes, and (e) you provide attribution to Simple Shui adjacent to the link.
4. Paid Products and Services. Certain aspects of the Simple Shui website may be provided for a fee or other charge. These fees and charges, if any, are described on the Simple Shui website, and in the event you elect to use paid aspects of the Simple Shui website, you agree to the pricing, payment and billing policies applicable to such fees and charges. Simple Shui may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Simple Shui may charge and withhold the applicable sales tax for orders.
5. No Refunds. There are no refunds for products purchased through the Simple Shui website.
6. No Warranties. THE SIMPLE SHUI CONTENT, SERVICES, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SIMPLE SHUI WEBSITE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SIMPLE SHUI DOES NOT WARRANT THAT THE SIMPLE SHUI SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SIMPLE SHUI DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SIMPLE SHUI SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SIMPLE SHUI WEBSITE. USE OF THE SIMPLE SHUI CONTENT AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
CONTENT ON THE SIMPLE SHUI WEBSITE IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE SIMPLE SHUI WEBSITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ, HEARD OR SEEN ON THE SIMPLE SHUI WEBSITE.
7. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Texas, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Eastern District of Texas, and you hereby consent to the jurisdiction of any such court.
8. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
9. Certification. You certify that you are at least 18 years of age.
10. Entire Agreement. This Agreement constitutes your entire Agreement with Simple Shui with respect to your use of the Simple Shui website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use other Simple Shui products or services.
11. Waiver. The failure of Simple Shui to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Simple Shui must be in writing and signed by an authorized representative of the Simple Shui.
12. Notification of Changes to Terms of Service. Simple Shui will post changes to the Agreement to this Terms of Service page, and other places it deems appropriate. By continuing to use the Simple Shui website, you agree and accept the changes and agree to the Agreement.
13. Contact Information. If you have any comments, questions or concerns regarding this Agreement, please send an email to email@example.com.