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TERMS OF USE
PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.
User Agreement
The following are terms of a legal agreement (the "Agreement") between you and SimplePath, Inc. ("SimplePath", "we", or "us") that sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by SimplePath. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain.
We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
Limitations of Use
The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the "Content"), is held by SimplePath or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of SimplePath. You acknowledge that the Content is and shall remain the property of SimplePath. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without SimplePath's prior written approval. You also may not, without SimplePath's express written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into SimplePath's systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. SimplePath makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by SimplePath.
Patent Information
Technologies and processes embodied in and used by this Site are covered by one or more SimplePath U.S. patents and by other patents pending.
Trademarks
SimplePath (including the SimplePath logo), SimplePath.org, and all related logos (collectively the "SimplePath Trademarks") are trademarks or service marks of SimplePath. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by SimplePath or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the SimplePath trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. We prohibit use of any of the SimplePath trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any SimplePath Trademarks, or whether any mark or logo is a SimplePath Trademark, should be referred to SimplePath.
Links to Third-Party Sites
This site may contain links to web sites controlled, owned, and operated by third parties (the "third-party sites"). SimplePath cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by SimplePath of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of SimplePath and the third-party site may provide less security than this Site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and SimplePath shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
Disclaimer of Warranties
None of SimplePath, any of its affiliates, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively the "SimplePath parties") guarantees the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content and SimplePath disclaims liability for errors or omissions in the content.
This site and all of the content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the content. SimplePath parties do not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.
SimplePath may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and SimplePath parties do not undertake any obligation or responsibility to update or amend any such information. SimplePath reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or typographical errors. Use of this site is at your own risk.
Limitation of liability
Under no circumstances will SimplePath parties be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits or business interruption) of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if SimplePath parties, or representatives thereof, are advised of the possibility of such damages, losses or expenses. SimplePath is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that SimplePath parties' total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
Indemnification
You agree to indemnify and hold harmless SimplePath Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the SimplePath Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. SimplePath Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of SimplePath. You further agree to indemnify and hold harmless SimplePath Parties from any claim arising from a third party's use of information or materials of any kind that you post to the Site.
Monitoring of the Site
SimplePath has no obligation to monitor the Site; however, you acknowledge and agree that SimplePath has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
Submissions of the Site
All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to SimplePath through this Site (collectively, "Submissions") will be deemed and remain the property of SimplePath, and SimplePath is entitled to use any submission for any purpose, without restriction or compensation to the individual who has provided the submission. SimplePath shall not be subject to any obligations of confidentiality regarding submissions except as expressly agreed by SimplePath or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting SimplePath's responsibilities and obligations under its Privacy Policy.
Use of Personally Identifiable Information
SimplePath's practices and policies with respect to the collection and use of personally identifiable information are governed by SimplePath's Privacy Policy.
Availability
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this site and content no distribution or solicitation is made by SimplePath to any person to use the Site or content in jurisdictions where the provision of the site and/or content is prohibited by law.
Termination
This Agreement is effective until terminated by SimplePath. SimplePath may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in SimplePath's absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Waiver
Failure by SimplePath to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Applicable Law and Dispute Resolution
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Illinois, without regard to its conflict of laws rules. You agree that you will notify SimplePath in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give SimplePath a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against SimplePath.
Other Agreements
This Agreement shall be subject to any other agreements you have entered into with SimplePath.
Additional Terms
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
General Provisions
This Agreement supersedes any previous Terms of Use Agreement to which you and SimplePath may have been bound. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Copyright Complaints
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to SimplePath. Notification should include:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material you claim is infringing is located on the Site;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (4) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
CONSENT FOR ELECTRONIC DISCLOSURES
Please read this information carefully and print and retain this information electronically for future reference.
Introduction. From time to time you will receive disclosures, notices, documents and information ("Communications") from SimplePath. ("we" or "us"). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This statement informs you of your rights when receiving Communications from us electronically.
Consenting to Do Business Electronically. By consenting below you agree that all Communications from us relating to your use of SimplePath. may be provided or made available to you electronically by e-mail.
Scope of Consent. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with SimplePath.
Hardware and Software Requirements. To access and retain the Communications electronically, you will need to use a computer with Internet Explorer 4.0 or above, Netscape Navigator 4.0 or above, or similar software, Adobe Acrobat, and hardware capable of running this software.
Withdrawing Consent. You may withdraw your consent to receive Communications electronically, at no cost to you, by contacting us in the manner described below. If you withdraw your consent, from that time forward you cannot participate in SimplePath. The withdrawal of your consent will not affect the legal validity and enforceability of any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.
Changes to Your Contact Information. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
Contacting Us
If you have questions regarding the Agreement or the practices of SimplePath, please contact us by e-mail at customerservice@simplepath.org.
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