FURTHERMORE, BY USING ANY OF SEMPLIFIED.COM WEB SITES, YOU ACKNOWLEDGE THAT SEMPLIFIED.COM PROVIDES SOFTWARE TO (YOU) THE BUSINESS OWNER THAT CAN BE USED TO BUILD AND POST REVIEWS FOR YOUR BUSINESS VIA TEXT MESSAGE AND EMAIL AND ALSO CAN PROVIDE CUSTOMER FEEDBACK TO YOU VIA TEXT MESSAGE AND EMAIL FOR A PAID FEE.
ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEB SITES OR WEB PAGES WITHIN SEMPLIFIED.COM WEB SITES.
YOUR USE OF CERTAIN WEB SITES AND/OR WEB PAGES WITHIN SEMPLIFIED.COM WEB SITES MAY BE SUBJECT TO ADDITIONAL TERMS THAT ARE SPECIFIC TO SUCH WEB SITES AND/OR WEB PAGES (THE "SPECIFIC TERMS") AS EITHER CONTAINED (I) ON THIS PAGE BELOW THIS AGREEMENT AND/OR (II) ON SUCH WEB SITES AND/OR WEB PAGES (FOR EXAMPLE, TERMS THAT TYPICALLY GOVERN PARTICULAR FEATURES OR OFFERS ARE TYPICALLY FOUND ON THE RELEVANT WEB SITE OR WEB PAGES).
GENERAL USE AND LIMITATIONS ON GENERAL USE OF SEMPLIFIED.COM WEB SITES.
IF AND WHEN REQUESTED BY SEMPLIFIED.COM YOU AGREE TO PROVIDE TRUE, ACCURATE AND COMPLETE USER INFORMATION AND TO REFRAIN FROM IMPERSONATING OR FALSELY REPRESENTING YOUR AFFILIATION WITH ANY PERSON OR ENTITY. EXCEPT WITH THE WRITTEN PERMISSION OF SEMPLIFIED.COM, YOU AGREE THAT YOU WILL NOT ACCESS OR ATTEMPT TO ACCESS PASSWORD PROTECTED, SECURE OR NON-PUBLIC AREAS OF SEMPLIFIED.COM WEB SITES. UNAUTHORIZED INDIVIDUALS ATTEMPTING TO ACCESS PROHIBITED AREAS OF SEMPLIFIED.COM WEB SITES MAY BE SUBJECT TO PROSECUTION.
EXCEPT WITH THE WRITTEN PERMISSION OF SEMPLIFIED.COM, YOU AGREE THAT YOU WILL NOT CREATE LINKS FROM ANY WEB SITE OR WEB PAGE TO ANY PAGE WITHIN SEMPLIFIED.COM WEB SITES WITH THE EXCEPTION OF SEMPLIFIED.COM WEB SITES HOMEPAGES,YOUR SPECIFIC WEBPAGE ID WE CREATED FOR YOU, INCLUDING, BUT NOT LIMITED TO PAGES CURRENTLY LOCATED AT SEMPLIFIED.COM. THE ORIGIN OF ANY SUCH LINK TO SEMPLIFIED.COM WEB SITES HOMEPAGE MUST BE ACCOMPANIED BY A CLEAR AND PROMINENT ATTRIBUTION INDICATING THAT THE LINK IS CONNECTED TO SEMPLIFIED.COM WEB SITES HOMEPAGE. FOR EXAMPLE, PROMINENTLY POSITIONING THE "SEMPLIFIED.COM" NAME AND MARK SUCH THAT THERE IS CLEAR ASSOCIATION BETWEEN THE NAME AND MARK AND THE DESTINATION OF THE LINK IS ACCEPTABLE. HOWEVER, YOU AGREE THAT YOU WILL NOT JUXTAPOSE THE "SEMPLIFIED.COM" NAME AND MARK AND THE LINK WITH YOUR NAME OR ANY OTHER MATERIALS IN A MANNER WHICH MIGHT GIVE RISE TO ANY ERRONEOUS CONCLUSION THAT THERE IS ANY AFFILIATION OR ASSOCIATION BETWEEN SEMPLIFIED.COM, ON THE ONE HAND, AND YOU OR ANY OTHER PERSON OR ENTITY, ON THE OTHER HAND. YOU AGREE THAT IF SEMPLIFIED.COM, IN ITS SOLE AND UNFETTERED DISCRETION, REQUESTS IN WRITING THAT YOU REMOVE ANY LINK OR LINKS TO SEMPLIFIED.COM WEB SITES, YOU WILL PROMPTLY DO SO. YOU AGREE THAT IF YOU CREATE ANY LINK TO SEMPLIFIED.COM WEB SITES THAT YOU WILL NOT EMPLOY ANY TECHNOLOGY THAT RESULTS IN THE PLACEMENT OF CONTENT FROM SEMPLIFIED.COM WEB SITES IN A FRAME AND/OR A REDUCED POP-UP WINDOW AND/OR ANY OTHER DISPLAY MECHANISM WHICH CHANGES SEMPLIFIED.COM WEB SITES FROM HOW THEY WOULD APPEAR IF A USER TYPED IN THEIR URL TO A TYPICAL BROWSER LINE.
YOU AGREE THAT SEMPLIFIED.COM MAY IN ITS SOLE DISCRETION AND AT ANY TIME TERMINATE YOUR ACCESS TO AND USE OF THE SEMPLIFIED.COM WEB SITES, OR ANY PART THEREOF, AND SOFTWARE USAGE, WITH OR WITHOUT NOTICE.
SEMPLIFIED.COM WEB SITES CONTAIN CONTENT AND INFORMATION ORIGINATED BY SEMPLIFIED.COM (THE "SEMPLIFIED.COM CONTENT"). SEMPLIFIED.COM PRESENTS AND MAKES AVAILABLE SUCH CONTENT AND INFORMATION THROUGH SEMPLIFIED.COM WEB SITES AS A PUBLIC SERVICE, FOR THE SOLE PURPOSE OF AIDING YOU, THE INDIVIDUAL CONSUMER. SEMPLIFIED.COM, THEREFORE, CANNOT GUARANTEE THE ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. YOU ARE RESPONSIBLE FOR CONFIRMING THE SUFFICIENCY AND RELIABILITY OF ANY SUCH INFORMATION.
FROM SEMPLIFIED.COM PARTNERS & AFFILIATES:
FOR YOUR CONVENIENCE, SEMPLIFIED.COM WEB SITES CONTAIN CONTENT AND INFORMATION FROM SEMPLIFIED.COM'S AFFILIATES AND/OR LINKS TO AFFILIATE WEB SITES ("PARTNER/AFFILIATE CONTENT"). SUCH CONTENT IS NOT UNDER THE CONTROL OF SEMPLIFIED.COM AND SEMPLIFIED.COM IS NOT RESPONSIBLE FOR SUCH CONTENT, INCLUDING WITHOUT LIMITATION ANY LINK CONTAINED IN SUCH CONTENT, OR ANY CHANGES OR UPDATES TO SUCH CONTENT. SEMPLIFIED.COM IS PROVIDING SUCH CONTENT TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF SUCH CONTENT DOES NOT IMPLY ENDORSEMENT BY SEMPLIFIED.COM OF SUCH CONTENT OR THE AFFILIATE. YOU MAY BE SUBJECT TO ADDITIONAL AND/OR DIFFERENT TERMS, CONDITIONS, AND PRIVACY POLICIES WHEN YOU USE AFFILIATE SERVICES, CONTENT, SOFTWARE OR SITES.
FUNDING YOUR ACCOUNT
If you fund your account on a monthly, quarterly, or yearly basis or past/renewing client :
YOU CAN FUND YOUR ACCOUNT VIA CREDIT CARD, DEBIT CARD OR ECHECK THROUGH PAYPAL. WHEN USING YOUR CREDIT CARD/DEBIT CARD YOU AGREE NOT TO CHARGE BACK YOUR CREDIT CARD FOR ANY REASON. YOU ALSO AGREE NOT TO STOP PAYMENTS ON E-CHECKS. IF YOU CHARGE BACK YOUR CREDIT CARD WE RESERVE THE RIGHT TO DISPUTE THE CHARGEBACK AND/OR DEACTIVATE YOUR MEMBERSHIP AND/OR USE REASONABLE FORMS OF COLLECTION ACTIVITY ON YOUR ACCOUNT.
IF COLLECTION ACTIVITY IS NEEDED TO RECOVER MONIES YOU AGREE TO COVER ALL ATTORNEY FEES AND COLLECTION FEES.
WE OFFER NO RETURNS ON THE SOFTWARE PROVIDED AND ONLINE PORTAL PURCHASED.
WE OFFER NO RETURNS/REFUNDS ON SOFTWARE/ONLINE PORTAL/ACCOUNTS/ADVERTISEMENTS PURCHASED ON SEMPLIFIED.COM DURING A BILLING CYCLE. IF YOU WISH TO DISCONTINUE SERVICE FOR THE SOFTWARE, PLEASE SEND A EMAIL WITHIN 48 HOURS PRIOR TO THE NEXT BILLING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO SEMPLIFIED.COM CONTENT, PARTNER/AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY SEMPLIFIED.COM THROUGH SEMPLIFIED.COM WEB SITES IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SEMPLIFIED.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. SEMPLIFIED.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SEMPLIFIED.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SEMPLIFIED.COM WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
INFORMATION PROVIDED BY YOU THROUGH SEMPLIFIED.COM WEB SITES TO SEMPLIFIED.COM:
SEMPLIFIED.COM PROVIDES THROUGH SEMPLIFIED.COM WEB SITES A NUMBER OF VENUES IN WHICH INTERACTIVE SERVICES ("INTERACTIVE SERVICES"), SUCH AS ON-LINE CALCULATORS, PLANNING TOOLS, AND CHECKLISTS, ARE OFFERED TO YOU. SUCH SERVICES ARE OFFERED BY SEMPLIFIED.COM FOR THE SOLE PURPOSE OF DISSEMINATING INFORMATION FOR THE PUBLIC'S BENEFIT. SEMPLIFIED.COM CANNOT GUARANTEE THE ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, COMPLETENESS, OR TIMELINESS OF SUCH SERVICES. YOU ARE RESPONSIBLE FOR CONFIRMING THE SUFFICIENCY AND RELIABILITY OF ANY SUCH SERVICE.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SEMPLIFIED.COM'S INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO SUBSTITUTE FOR PROFESSIONAL ADVICE. SEMPLIFIED.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. SEMPLIFIED.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. SEMPLIFIED.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL SEMPLIFIED.COM BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
A NUMBER OF COMMERCIAL SERVICES, SUCH AS FINANCIAL AND CONTRACTOR SERVICES, ARE OFFERED BY THIRD PARTIES THROUGH THE SEMPLIFIED.COM WEB SITES. YOU ACKNOWLEDGE THAT BY PERMITTING SUCH SERVICES TO BE OFFERED THROUGH SEMPLIFIED.COM WEB SITES, SEMPLIFIED.COM IS ACTING AS A PASSIVE CONDUIT FOR THE TRANSMISSION TO SUCH THIRD PARTIES OF ANY INFORMATION RELATED TO SUCH SERVICES THAT YOU SUBMIT TO SEMPLIFIED.COM. IN ORDER FOR SEMPLIFIED.COM TO DISTRIBUTE YOUR INFORMATION AND FACILITATE CONTACTS BETWEEN YOU AND SUCH THIRD PARTIES, YOU HEREBY GRANT SEMPLIFIED.COM PERMISSION TO DISCLOSE ANY AND ALL OF THE INFORMATION THAT YOU PROVIDE TO SEMPLIFIED.COM TO ANY SUCH THIRD PARTY THAT SEMPLIFIED.COM, I ITS SOLE DISCRETION, DEEMS RELEVANT AND APPROPRIATE.
ANY INFORMATION THAT YOU PROVIDE TO SEMPLIFIED.COM MUST BE TRUE, COMPLETE, AND ACCURATE, MUST NOT REPRESENT YOU AS SOMEONE ELSE OR FALSELY IDENTIFY YOU, AND MUST NOT VIOLATE ANY LAW, STATUTE, ORDINANCE OR REGULATION. YOU ARE SOLELY RESPONSIBLE FOR SUCH INFORMATION AND FOR ALL OF THE TERMS AND CONDITIONS OF TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, TERMS REGARDING WARRANTIES, INSURANCE, FEES, TAXES, TITLES AND LICENSES. YOU MUST NOT SUBMIT A REQUEST FOR A THIRD PARTY SERVICE THROUGH SEMPLIFIED.COM WEB SITES UNLESS YOU INTEND, IN GOOD FAITH, TO CONTRACT WITH SUCH THIRD PARTY FOR THE USE OF SUCH SERVICE.
SEMPLIFIED.COM IS NOT AND WILL NOT BE RESPONSIBLE FOR (I) THE TERMS AND CONDITIONS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, (II) ANY INSUFFICIENCY OF OR PROBLEMS WITH ANY SUCH THIRD PARTY'S BACKGROUND, INSURANCE, CREDIT OR LICENSING, OR (III) THE QUALITY OF SERVICES PERFORMED BY ANY SUCH THIRD PARTY OR ANY OTHER LEGAL LIABILITY ARISING OUT OF OR RELATED TO THE PERFORMANCE OF SUCH SERVICES. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU RELEASE SEMPLIFIED.COM (AND ITS AFFILIATES, AGENTS AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF MD. U.S.A. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS SITTING IN MD, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF SEMPLIFIED.COM WEB SITES. USE OF SEMPLIFIED.COM WEB SITES IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.
YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND SEMPLIFIED.COM AS A RESULT OF THIS AGREEMENT OR USE OF SEMPLIFIED.COM WEB SITES. SEMPLIFIED.COM'S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF SEMPLIFIED.COM'S RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SEMPLIFIED.COM WEB SITES OR INFORMATION PROVIDED TO OR GATHERED BY SEMPLIFIED.COM WITH RESPECT TO SUCH USE. IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN EFFECT. UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND SEMPLIFIED.COM WITH RESPECT TO SEMPLIFIED.COM WEB SITES AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN YOU AND SEMPLIFIED.COM WITH RESPECT TO SEMPLIFIED.COM WEB SITES. A PRINTED VERSION OF THIS AGREEMENT AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THIS AGREEMENT TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SEMPLIFIED.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SEMPLIFIED.COM, ITS PARTNERS, AFFILIATES, SUBSIDIARIES AND SUPPLIERS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE (INCLUDING ATTORNEYS' REASONABLE FEES) RELATED TO YOUR VIOLATION OF THIS AGREEMENT.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE SEMPLIFIED.COM SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SEMPLIFIED.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SEMPLIFIED.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SEMPLIFIED.COM, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SEMPLIFIED.COM, SEMPLIFIED.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SEMPLIFIED.COM SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE SEMPLIFIED.COM SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SEMPLIFIED.COM RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT SEMPLIFIED.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM SEMPLIFIED.COM AND ITS AFFILIATES. REVIEW MANAGEMENT PROGRAM IS NOT RESPONSIBLE FOR TEXT MESSAGES OR EMAILS NOT RECEIVED FOR ANY REASON.
LIMITATION OF LIABILITY
EXCEPT FOR ACTIONS BY SEMPLIFIED.COM TO COLLECT FEES DUE TO US, IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING SEMPLIFIED.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF SEMPLIFIED.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).
WITH THE EXCEPTION OF A LEGAL ACTION BY US TO COLLECT PAYMENT OF FEES DUE FOR LEADS DELIVERED FOR WHICH SUCH ACTION MAY BE BROUGHT WITHIN THREE (3) YEARS OF THE DEBT BEING INCURRED, NO OTHER ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
Neither party shall be liable in any way for its failure to perform hereunder, other than its failure to pay any monies due and owing hereunder, if such failure is occasioned by any of the following: war; fire; flood; interruption of transportation; embargo; accident; explosion; governmental orders, regulations, restrictions, priorities or rationing; strike, lockout or other labor problems; or any cause beyond the reasonable control of the non-performing party provided, however, that the non-performing party shall make a good faith effort to perform.
COPYRIGHT AND TRADEMARKS
All contents of the SEMPLIFIED.COM website are proprietary to SEMPLIFIED.COM its successors and assigns, and/or its suppliers and are protected under U.S.A. and international Copyright and Trademark laws. All rights are reserved. You may not download and/or save a copy of any of the screens except as otherwise provided in this Agreement; you may, however, print a copy of the information on this website for your personal records to be used as a reference. SEMPLIFIED.COM does not grant any license or other authorization to any user of its trademarks, service marks, copyrightable material or other intellectual property by placing them on this website. SEMPLIFIED.COM reserves any rights not expressly granted herein.
TERM OF AGREEMENT AND TERMINATION
THIS AGREEMENT IS NON-CANCELLABLE BY YOU THE BUSINESS OWNER or RENEWED ACCOUNT FOLLOWING ACTIVATION AND SOFTWARE RECEIVED.
This Agreement shall remain in force and effect as long as you hold an account with SEMPLIFIED.COM. You may close your account at any time following your account activation and terminate this Agreement by providing a email within 48 hours to SEMPLIFIED.COM BEFORE YOUR NEXT BILLING CYCLE, WITH YOUR DESIRE TO CANCEL your account. The use of software memberships are available on a monthly and quarterly or annual basis. This can be done after 30 days of being a member. Absence of such a voluntary cancellation this agreement may be terminated immediately by either party: Again there are no refunds on purchased Advertisements on www.SEMPLIFIED.COM or between billing cycles.
1) Advertiser will be provided with the advertisement/technology/desktop online portal/ from SEMPLIFIED.COM website they purchased. Client has the ability to upload and enter there customers full name, email and phone number, and salesman on the portal they purchased and there client will receive a text message via sms technology with instructions to rate there experience with the Business. The software has the ability to also show the customer who rated there experience with the business and instruction on a how to post a automatic google review to the business owners google places page. Advertiser can add information and edit there account information at any time with SEMPLIFIED.COM. Advertiser also has access to all the available features on there advertisement/portal that SEMPLIFIED.COM provides. Advertiser also will get a email report of feedback posted by customers and google reviews for there business.
2) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or
3) At any time upon written notice (including electronic mail) with or without cause by SEMPLIFIED.COM in the event of a material breach by you of any of the Terms of Service set forth herein.
4) Upon written notice to the other party if such party reasonably believes that (i) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (ii) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.
5) SEMPLIFIED.COM is not responsible for web browsers or inaccuracies that advertiser has on account or cant operate. Advertiser has ability to Renew and keep advertisement on SEMPLIFIED.COM.
GOVERNING LAW AND CHOICE OF VENUE
Maryland law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liability clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Maryland, County of Baltimore or to any Federal Court located within the southern district for the State of Maryland.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
SEMPLIFIED.COM Terms of Service and Privacy Statement
The SEMPLIFIED.COM Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SEMPLIFIED.COM Web Site constitutes your agreement to all such terms, conditions, and notices.
Privacy and Protection Of Personal Information
SEMPLIFIED.COM is committed to protecting your privacy. This Statement of Privacy applies to the SEMPLIFIED.COM Web site and governs data collection and usage at the SEMPLIFIED.COM site and services; it does not apply to other link, site, service or good online or offline claiming to be associated with SEMPLIFIED.COM.
SEMPLIFIED.COM and its operational service partners collect and use your personal information to operate SEMPLIFIED.COM and deliver the services or goods you have requested. SEMPLIFIED.COM will not sell your customers phone numbers or emails to any other companies or your personal information of emails or phone numbers.
SEMPLIFIED.COM does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
SEMPLIFIED.COM may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SEMPLIFIED.COM or the site; (b) protect and defend the rights or property of SEMPLIFIED.COM (c) act under exigent circumstances to protect the personal safety of users of SEMPLIFIED.COM, its web site, or the public.
SEMPLIFIED.COM will occasionally update this Statement of Privacy to reflect company and customer feedback. When SEMPLIFIED.COM posts changes to this Statement, you will see the word "updated" next to the Privacy Statement link on the front page of SEMPLIFIED.COM. If there are material changes to this Statement or in how SEMPLIFIED.COM will use your personal information, SEMPLIFIED.COM will prominently post such changes prior to implementing the change. SEMPLIFIED.COM encourages you to periodically review this Statement to be informed of how SEMPLIFIED.COM is protecting your information.
SEMPLIFIED.COM reserves the right to change the terms, conditions, and notices under which the SEMPLIFIED.COM Site/Services are offered, including but not limited to the charges associated with the use of the SEMPLIFIED.COM Site/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the SEMPLIFIED.COM Site/Services constitutes your agreement to all such terms, conditions, and notices.
The abuse and misuse of E-Mail is a serious problem, and SEMPLIFIED.COM will not tolerate it in anyway. Report any SPAM mail to and it will be dealt with in the appropriate manner.
Links To Third Party Sites
By entering your personal information on our website. You understand that SEMPLIFIED.COM is a software company that creates and allows you the customer the ability to build online reviews that are posted the google places page and receive feedback from your clients on there shopping experience. All correspondence is done by email and text message technology that we provide with a designated phone number you receive and desktop or mobile portal. We reserve the right to limit the amount of emails and phone numbers you enter into your software portal if needed. SEMPLIFIED.COM is not responsible for text messages cost via sms technology or emails that a customer receives. You also agree that entering your phone number and your customers phone numbers on our forms indicates to or third party vendors that you are willing to accept their business and communication transmissions via phone, or email. You also agree and understand that clients will be receiving emails and text messages and phone calls from SEMPLIFIED.COM and we are not in violation of Federal Do-Not-Call List policies as you are specifically requesting their communication to facilitate being contacted for.