The Terms and Conditions of Use set forth herein apply to all web sites and web pages owned, operated, licensed, or controlled by SIMPLIFY TECHNOLOGIES. By using this Web site or any other Web site owned, operated, licensed, or controlled by SIMPLIFY TECHNOLOGIES (“SIMPLIFY TECHNOLOGIES Web site”), you signify your assent to these terms and conditions of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site or any other SIMPLIFY TECHNOLOGIES Web site following the posting of changes to these terms will constitute acceptance of such changes. RESTRICTIONS ON USE OF MATERIALS Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Web site or any other SIMPLIFY TECHNOLOGIES Web site are the property of SIMPLIFY TECHNOLOGIES. No material from this Web site or any other SIMPLIFY TECHNOLOGIES Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, provided, however, you may download, where specifically permitted, one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all ownership and proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of SIMPLIFY TECHNOLOGIES’s ownership and proprietary rights in such materials. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to SIMPLIFY TECHNOLOGIES. PUBLIC COMMUNICATION It is our policy to respect the privacy of all guests. Therefore, subject to the terms of the SIMPLIFY TECHNOLOGIES privacy statement, in general, we will not monitor, edit, or disclose the contents of a guest’s e-mail unless required in the course of normal maintenance of this Web site or any other SIMPLIFY TECHNOLOGIES Web site and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on SIMPLIFY TECHNOLOGIES; (2) protect and defend the legitimate business interests, rights or property of SIMPLIFY TECHNOLOGIES, its users, customers, or affiliates; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages. By submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called “moral rights” in those materials have been waived. JURISDICTIONAL ISSUES The SIMPLIFY TECHNOLOGIES Web sites are controlled and operated by SIMPLIFY TECHNOLOGIES from its offices within the State of Maryland. SIMPLIFY TECHNOLOGIES makes no representation that materials in any SIMPLIFY TECHNOLOGIES Web site are appropriate or available for use in other locations. Those who choose to access any SIMPLIFY TECHNOLOGIES Web site from other locations do so on their own initiative and are responsible for establishing the use ability or correctness of any information or materials under any or all jurisdictions and the compliance of that information or material with local laws, if and to the extent local laws are applicable. DISCLAIMER THE MATERIALS IN THE SIMPLIFY TECHNOLOGIES WEB SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SIMPLIFY TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLIFY TECHNOLOGIES DOES NOT WARRANT THAT USE OF THE WEB SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY OTHER SIMPLIFY TECHNOLOGIES WEB SITE OR THE SERVER(S) THAT MAKES THE SIMPLIFY TECHNOLOGIES WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIMPLIFY TECHNOLOGIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE OR ANY OTHER SIMPLIFY TECHNOLOGIES WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SIMPLIFY TECHNOLOGIES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE OR ANY OTHER SIMPLIFY TECHNOLOGIES WEB SITE, EVEN IF SIMPLIFY TECHNOLOGIES OR A SIMPLIFY TECHNOLOGIES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SIMPLIFY TECHNOLOGIES’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE – OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER SIMPLIFY TECHNOLOGIES WEB SITE(S). Any reference made by this Web site or any other SIMPLIFY TECHNOLOGIES Web site(s) to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by SIMPLIFY TECHNOLOGIES. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of SIMPLIFY TECHNOLOGIES. LINKS TO OTHER WEB SITES AND SERVICES To the extent that this Web site and any other SIMPLIFY TECHNOLOGIES Web site(s) contain links to outside services and resources, SIMPLIFY TECHNOLOGIES does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. OTHER these terms shall be governed by and construed in accordance with the laws of the State of Texas. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Denton County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein, and shall not be modified except as provided herein.
