Terms of Use
Last Updated Oct 01, 2020
By using this website, you acknowledge and agree to be bound by these terms. If you do not agree to these terms, do not access or use this website.
Do not use this website for emergency medical needs. If you believe you may be experiencing a medical emergency, call 9-1-1 or visit the nearest emergency medical facility immediately.
Tammy Burkle, D/B/A Stovetop Simmers (“Stovetop Simmers” or “Owner” or “we” or “us” or “our”) offers packaged fruits, flowers, herbs and or oils for simmering on a stovetop.
Stovetop Simmers provides information to current and potential customers through its website “stovetopsimmers.com” (“the Site”).
Stovetop Simmers™ makes every effort to keep the information available, timely and accurate, however reliance on the information found herein is at your sole risk. Stovetop Simmers™ reserves the right, in its sole discretion and without any obligation, to revise, delete or amend the information contained on the Site for the purpose of making improvements and/or correcting or updating the Site as necessary.
DISCLAIMER OF LIABILITY
Stovetop Simmers™, its subsidiaries and affiliates, its directors, officers, employees, agents, shareholders, partners, members, and other owners:
Assume no responsibility for anyone’s use of the information described or contained within the Site; and
Shall not be held liable for any improper or incorrect use of that information; and
Shall in no event be liable for any distress, injury, death, or other harm or damage, whether direct, indirect, incidental, special, exemplary or consequential, to one’s person or property, however, caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of the information contained on this Site.
The user of this Site, and/or the information described or contained therein, agrees to hold Stovetop Simmers™, its subsidiaries and affiliates, its directors, officers, employees, agents, shareholders, partners, members, and other owners harmless from and against any loss, damage or liability arising from the use of any information contained on this Site.
DISCLAIMER OF WARRANTIES
The information contained on this Site is provided “as is” and all warranties of any kind, expressed or implied are hereby disclaimed; including but not limited to fitness for a particular purpose, any implied warranties of merchantability, freedom from uninterrupted, and error-free service, freedom from contamination from computer viruses and non-infringement of proprietary rights.
DISCLAIMER FOR EXTERNAL LINKS
Certain content links on the Site direct to resources located on websites or servers maintained by third parties over which Stovetop Simmers™ has no control. Stovetop Simmers™ accepts no responsibility or liability for any material contained on those servers, including but not limited to the accuracy or legality of any information contained on those websites. The existence of these external links does not constitute an endorsement by Stovetop Simmers™ or its representatives. These links are provided for informational purposes only. It is the responsibility of the user to evaluate the content, accuracy, and usefulness of any information obtained from other websites. Stovetop Simmers™ reserves the right to deny requests for links to third parties to be added to the Site.
Stovetop Simmers™ and/or the providers you interact with through the use of the Site may occasionally provide links that include affiliate codes for which compensation may be provided when you purchase goods or services using the provided link. Links provided through the use of the Site are not to be considered to be an endorsement by Stovetop Simmers™ and should be treated with the same scrutiny as any other link received via electronic communication. Should you choose to follow such links, you do so at your own risk and Stovetop Simmers™ assumes no responsibility for the safety or content therein.
INFORMATION AND MATERIALS SUBMITTED TO STOVETOP SIMMERS™
Stovetop Simmers™ does not claim ownership of any information or materials you provide, upload, post, submit or input to the Site (“Submissions”) unless otherwise provided under a written agreement with Stovetop Simmers™ or other terms and conditions included on this Site. By providing your Submissions, you grant Stovetop Simmers™ permission to use your Submissions, without compensation, citation, or limitation, in connection with its operations including the rights to copy, transmit, distribute, edit, reproduce, reformat and translate your Submissions. By creating a Submission, you are warranting that you own all rights to the content of the Submission and the right to grant Stovetop Simmers™ permission to use the Submission. You further agree to hold harmless Stovetop Simmers™, its directors, officers, employees, and agents against all claims of any intellectual property infringement related to your Submission.
CONDUCT
You agree not to use the Site to:
Upload, submit, post, or otherwise transmit content that is unlawful, defamatory, abusive, threatening, libelous, tortuous, harassing, vulgar, pornographic, obscene, or otherwise indecent, or that could constitute or encourage conduct that could be considered a criminal offense, give rise to civil liability or otherwise violate any law;
Upload, submit, post, or otherwise transmit content that infringes or otherwise violates the rights of any third party; including without limitation privacy rights and proprietary rights;
Upload, submit, post, or otherwise transmit content that contains viruses, intentionally corrupted files, or any other similar software or programs that may cause harm to the operation of another’s computer;
Upload, submit, post, or otherwise transmit content that is of consistently poor quality or that is deemed inappropriate as determined by the sole discretion of Stovetop Simmers™;
Attempt to access the content of other users of the Site;
Falsely represent the quality of any website content;
Advertise or offer to sell any goods or services for any commercial purpose;
Display, conduct, or forward surveys, contests, pyramid schemes, “spam” or chain letters;
Impersonate or otherwise misrepresent your affiliation with any other person or entity;
Delete or falsify any attributions, legends, or other proprietary designations of the origin or source of Site content, or content you provide;
Harm minors;
Harass or stalk another individual;
Store or collect personal data about other persons or entities that have provided content;
Violate any applicable federal, state, local, or international law or regulation; and
You further agree that you will not use any spider, robot, or other automated device or program, methodology, or algorithm having similar processes or functionality, or any manual process to copy or monitor any pages or data from the Site.
NO PROFESSIONAL ADVICE
Neither Stovetop Simmers™ nor any of its licensors, suppliers, or third parties who provide you with information regarding the Site shall be liable for any advice or other communication you obtain from a provider via the Site nor for any information obtained from the Site. You acknowledge your actions as they relate to advice from the Site are solely at your own risk and you assume full responsibility for all risk associated with them.
You hereby certify that all information you provide is true and factual. You acknowledge that your ability to access and use the Site is conditioned upon the truthfulness of this information and that Stovetop Simmers™ relies upon this information in order to interact with you through the services provided. In the event that information you provide is incomplete or inaccurate, you agree to indemnify Stovetop Simmers™ and the providers you interact with from any resulting damages, costs, or claims.
THIRD-PARTY PRODUCTS AND SERVICES
Through the use of the services, Stovetop Simmers™ may make recommendations for third-party products and/or services. These recommendations are an opinion and suggestion of the provider and do not necessarily indicate an endorsement of these products and/or services by Stovetop Simmers™, its subsidiaries and affiliates, its directors, officers, employees, agents, shareholders, partners, members, and other members. Stovetop Simmers™ recommends that you always research products and/or services before purchasing and is not responsible for any outcome(s) should you decide to purchase products and/or services that are recommended.
PAYMENT AUTHORIZATION
By providing a credit card or other payment method accepted by Stovetop Simmers™ (“Payment Method”), you are expressly agreeing that we are authorized to charge to the Payment Method any fees for your use of services, together with any applicable taxes.
You agree that authorizations to charge your Payment Method remain in effect until you cancel it in writing, and you agree to notify Stovetop Simmers™ of any changes to your Payment Method. You certify that you are an authorized user of the Payment Method and will not dispute charges for the services.
COPYRIGHTS
No copyrighted material may be downloaded, reused, copied, distributed, modified, transferred, reposted, reproduced, displayed, transmitted, disseminated, published, broadcast, sold, circulated, or otherwise used without expressly stated permission, either in such materials or within this notice, without the express written permission of Stovetop Simmers™.
Materials provided by Stovetop Simmers™ may be copied and distributed only for personal, noncommercial, informational purposes. Materials copied must remain unchanged and contain the following notice in a clearly visible location: “Copyright © Stovetop Simmers™” This permission to copy and distribute materials does not extend to materials owned by other content providers that appear on the Stovetop Simmers™ Site or that are provided or referenced through other services provided.
Reproduction, distribution, or copying of any materials on the Site or that is provided through other services for commercial purposes are strictly prohibited without the express written permission of Stovetop Simmers™. To request permission to use these materials in a manner that is otherwise prohibited by the terms of this section, please contact stovetopsimmers@gmail.com.
If you violate these Terms and Conditions, your permission to use any Site content in any way, even those otherwise allowed, automatically terminates and you must immediately destroy any copies you have made of Site content and remove them from any active or pending website or publication.
TRADEMARK INFORMATION
Stovetop Simmers™ may hold certain registered service marks and may display these service marks on its Site or through other materials provided. Use of any of these service marks is prohibited without written permission from Stovetop Simmers™. Third-party trademarks, service marks, logos, and trade names appearing on the Site are the property of their respective owners.
ASSIGNMENT
Stovetop Simmers™ may assign its rights under these Terms of Service to any party without your consent. These Terms of Service shall inure to the benefit of the Stovetop Simmers™, its successors, and assigns. You may not assign, convey, subcontract or delegate your rights, duties, or obligations hereunder.
OTHER
In the event of any conflict or confusion between the legal information in this document and specific terms and conditions contained within a separate document, the specific terms and conditions shall prevail.
Any dispute regarding the use of Stovetop Simmers™’s Site and its policies shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any legal proceedings arising out of or in connection with these Terms of Service shall be brought solely to the court of competent jurisdiction located in San Francisco County, CA. The user expressly submits to this exclusive jurisdiction and venue of said courts and consents to extraterritorial service of process.
Should any part of these Terms of Service be held invalid or unenforceable by a court, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect.
QUESTIONS?
Please direct questions regarding this Terms of Service or other practices of the Stovetop Simmers™ Site or related services to Stovetop Simmers™ by using the contact information below:
Stovetop Simmers™
stovetopsimmers@gmail.com