PLEASE READ THE FOLLOWING CAREFULLY.  THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AS A USER (“YOU” or “YOUR”) AND UTAHS SIMPLY STOCKED LLC (“SIMPLY STOCKED”, “WE”, “OUR”, or “US”).  THESE TERMS AND CONDITIONS, TOGETHER WITH ALL AMENDMENTS, AND COLLECTIVELY WITH ALL SIMPLY STOCKED’S RULES AND POLICIES, INCLUDING OUR PRIVACY POLICY, CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND SIMPLY STOCKED REGARDING YOUR ACCESS TO AND USE OF OUR WEBSITE(S), AND ALL ATTENDANT SERVICES PROVIDED BY US (“SERVICES”).  IF YOU HAVE NOT READ THIS AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THIS AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THIS AGREEMENT, FOR EXAMPLE, IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT, DO NOT USE OUR WEBSITE.

‍Introduction:  These terms and conditions govern your use of Simply Stocked’s website; by using our website, you accept these terms and conditions in full.  If you disagree with any part of these terms and conditions, you must not use our website.  You should be at least 18 years of age to use our website.  By using our website, and by agreeing to these terms and conditions, you warrant and represent that you are legally permitted to accept these terms and conditions, and that you fully understand and agree to these terms and conditions.

License to use website:  Unless otherwise stated, Simply Stocked, and/or our licensors, own the intellectual property rights in the website, and subject to the license below, all of these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from our website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• Republish material from our website, including republication on another website.
• Sell, rent or sub-license material from our website.
• Show any material from our website in public.
• Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose.
• Edit or otherwise modify any material on our website.

Acceptable use:  You must not use our website in any way that causes, or may cause, damage to our website, or impairment of the availability or accessibility of our website, or in any way which is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities, including without limitation, scraping, data mining, data extraction, and data harvesting, on or in relation to our website, without our express consent.

You must not use our website to transmit or send unsolicited commercial communications.

No warranties:  Simply Stocked’s website is provided “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to our website or the information and materials provided on our website. Without prejudice to the generality of the foregoing paragraph, Simply Stocked does not warrant that:

• Our website will be consistently available, or available at all.
• The information on our website is complete, true, accurate or non-misleading.

Nothing on our website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.

Limitations of liability:  Simply Stocked will not be liable to you, whether under the law of contact, the law of torts or otherwise, in relation to the contents of, or use of, or otherwise in connection with our website:

• For any indirect, special or consequential loss.
• For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Simply Stocked has been expressly advised of the potential loss.

Exceptions:  Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Simply Stocked’s liability in respect of any:

• Death or personal injury caused by Simply Stocked’s negligence.
• Fraud or fraudulent misrepresentation on the part of Simply Stocked.
• Matter which it would be illegal or unlawful for Simply Stocked to exclude or limit, or to attempt or purport to exclude or limit.

Reasonableness:  By using our website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  If you do not think they are reasonable, you must not use our website.

Other parties:  You accept that, as a limited liability entity, Simply Stocked has an interest in limiting the personal liability of our officers and employees.  You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the use of our website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Simply Stocked’s officers, employees, agents, subsidiaries, successors, assignees, and sub-contractors as well as Simply Stocked.

Indemnity:  You hereby indemnify Simply Stocked and undertake to keep Simply Stocked indemnified against any losses, damages, costs, liabilities and expenses, including without limitation, legal expenses and any amounts paid by Simply Stocked to a third party in settlement of a claim or dispute on the advice of our legal advisers, or incurred or suffered by Simply Stocked, arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions:  Without prejudice to Simply Stocked’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Simply Stocked may take such action as we deem appropriate to deal with the breach, including suspending your access to our website, prohibiting you from accessing our website, blocking computers using your IP address from accessing our website, contacting your internet service provider to request that they block your access to our website, and/or bringing court proceedings against you.

Variation:  Simply Stocked may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on our website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment:  Simply Stocked may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability:  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement:  These terms and conditions and Simply Stocked’s privacy policy constitute the entire agreement between you and Simply Stocked in relation to your use of our website, and supersede all previous agreements in respect of your use of our website.

Law and jurisdiction:  These terms and conditions will be governed by and construed in accordance with a Utah Court, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the City of St George, in the County of Washington, and the State of Utah.