Agreement between user and www.zimplyfoods.net

Welcome to www.zimplyfoods.net. The www.zimplyfoods.net website (the “Site”) is comprised of various web pages operated by Zimply Foods, a subsidiary of SmartWorks Consumer Products (“Zimply Foods,” “SmartWorks,” “we,” or “us”). www.zimplyfoods.net is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.zimplyfoods.net constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

www.zimplyfoods.net is an Informational E-commerce Site
Zimply Foods is a food product brand under SmartWorks Consumer Products. Our website currently functions as an informational hub for our wholesale offerings. We sell to retailers, distributors, and promotional companies in the United States and Canada. Online ordering features may be enabled in the future.

Privacy
Your use of www.zimplyfoods.net is subject to the SmartWorks Consumer Products Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting www.zimplyfoods.net or sending emails to Zimply Foods constitutes electronic communications. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to another person or entity. Zimply Foods and SmartWorks are not responsible for third-party access to your account that results from theft or misappropriation. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Zimply Foods does not knowingly collect personal information online from persons under the age of thirteen. If you are under 18, you may use www.zimplyfoods.net only with the permission of a parent or guardian.

Links to Third-Party Sites / Third-Party Services
www.zimplyfoods.net may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Zimply Foods or SmartWorks, and we are not responsible for the content of any Linked Site, including any links contained in a Linked Site or updates to it. These links are provided only as a convenience and do not imply endorsement. Certain services made available via www.zimplyfoods.net may be delivered by third-party providers under contract. By using any functionality originating from the zimplyfoods.net domain, you consent that information may be shared with such third parties as needed to deliver services.

No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.zimplyfoods.net strictly in accordance with these Terms. As a condition of your use of the Site, you warrant that you will not use it for any unlawful or prohibited purpose. You may not damage, disable, overburden, or interfere with the Site or other users. All content on the Site—including text, graphics, logos, images, and software—is the property of Zimply Foods, SmartWorks Consumer Products, or its licensors, and protected by intellectual property laws. You agree not to use any content except for personal use unless you have express written permission.

Indemnification
You agree to indemnify and hold harmless Zimply Foods, SmartWorks Consumer Products, their officers, employees, agents, and third parties, from any losses, costs, liabilities, and expenses (including reasonable legal fees) relating to your use of the Site, violation of these Terms, or infringement of any third-party rights or applicable law.

Liability Disclaimer
The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Zimply Foods and/or SmartWorks may make improvements or changes to the Site at any time. To the maximum extent permitted by law, the Site and all content are provided “as is” without warranty of any kind. Zimply Foods and/or SmartWorks disclaim all warranties including implied warranties of merchantability or fitness for a particular purpose. In no event shall Zimply Foods or SmartWorks be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising from the use of the Site.

Termination / Access Restriction
We reserve the right to terminate your access to the Site at any time without notice. These Terms are governed by the laws of the State of New Jersey. You agree to the exclusive jurisdiction and venue of courts in New Jersey for all disputes related to your use of the Site.

E-Commerce Sales
Zimply Foods does not authorize resellers to list or sell products on third-party marketplaces, including but not limited to Amazon, Walmart, Wayfair, and Zulily, without written permission. Products listed without authorization may be refused.

Changes to Prices
Zimply Foods and SmartWorks Consumer Products reserve the right to change product prices at any time without notice.

Changes to Terms
We reserve the right to update or change these Terms at our sole discretion. The most current version will supersede previous versions.

Contact Us
Zimply Foods (Subsidiary of SmartWorks Consumer Products)
800-B Apgar Drive
Somerset, NJ, 08873
Main Office: (732) 764-9990
Fax: (732) 764-9991
Email: service@zimplyfoods.net