By using this website, you agree to these Terms. If you do not agree to all of these Terms, do not use this website! Simplesure (“Simplesure”) may revise and update these Terms at any time. Your use of the Simplesure website (“Site,”) following such revisions means you accept those changes and are bound thereby. The Site contents, such as text, graphics, images, software and other material contained on the Site is hereinafter referred to as the “Content”.
USE OF CONTENT
The Site and Content are protected by applicable copyright law, and belong to Simplesure or its partners, contributors, affiliates or third parties. The copyrights in the Content are owned by Simplesure or other copyright owners who have authorized their use on the Site. We grant you a limited license to access and make personal use of the Site. You may not download (other than page caching) or modify the Contents, or any portion of it, except with our express written consent. This license does not include the right (i) to re-sell or make commercial use of the Site or its Contents; (ii) to collect and use any Content, product listings, descriptions, or prices; (iii) to make any derivative use of the Site or its contents; (iv) to perform any downloading or copying of account information for the benefit of any third person; or (v) to make any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of Contents may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any page, trademark, logo, or any other proprietary information (including images, text, page layout, or form) of the Site, Content and/or our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Site, or access to the Site for any commercial purposes. You agree to use the Site and Contents only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or its Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, SIMPLESURE 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. SPIRIS MAKES NO WARRANTY THAT (i) THE SITE OR SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SITE OR SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) IT WILL MAINTAIN THE CONFIDENTIALITY OF INFORMATION, ALTHOUGH OUR CURRENT PRACTICE IS TO UTILIZE REASONABLE EFFORTS TO MAINTAIN SUCH CONFIDENTIALITY, OR (iv) THE SERVICE, SITE OR CONTENT PROVIDED WILL MEET YOUR REQUIREMENTS. SPIRIS MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, CONTENT, SOFTWARE, GOODS, SERVICES, PROMOTIONS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES THAT ARE PURCHASED, ACCESSED OR OBTAINED THROUGH SPIRIS, THE SITE OR THAT ARE ADVERTISED ON THE SPIRIS SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. 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.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SPIRIS WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABILITY OR OTHERWISE) FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SITE, THE CONTENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE (v) PERSONAL INJURY OR (vi) ANY OTHER MATTER RELATING TO THE SITE.BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SPIRIS LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
PRIVACY AND PUBLICITY RIGHTS
You represent and warrant to us that any and all information submitted by you (“User Content”) will not violate the privacy and/or publicity rights of any person and that no such violations will occur by anyone using your password.
Simplesure has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Spiris passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor and control access to and use of your Spiris account and password; and (3) promptly inform Spiris of any need to deactivate a password. You grant Spiris and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Spiris cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using Spiris Site and services.
If you choose to subscribe to a Simplesure newsletter (“Newsletter”), the following additional Terms will apply:
(a) Subscription Term: With the exception of trial subscriptions and special offers, your subscription term is determined by the level of subscription you elect. Unless specified otherwise, your subscription to the Spiris newsletter will be automatically renewed for an indefinite period until you notify Spiris of your desire to cancel the subscription.
(b) Disclaimer: You are using the newsletter service at your own risk.
LINKS TO OTHER SITES
The Site is intended for use only by persons 18 years of age or older. If you are under 18, you may only purchase items or subscribe to Simplesure from us or our affiliates with the involvement of a parent or guardian.
You are responsible for your behavior on the Site. You agree to defend, indemnify, and hold Spiris, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms, or your use, misuse or inability to use the Site or the Content.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.
JURISDICTION AND LAW
Use of this Site shall be construed and interpreted pursuant to the laws of the State of Indiana and the United States, without regard to any conflicts of laws provisions. You hereto submit and consent to the jurisdiction of the courts of the State of Indiana, including federal courts located therein, in any action brought for any dispute with Spiris, or in any way relating to your use of the Site. Notwithstanding the preceding sentence, nothing contained in these Terms shall preclude Simplesure from bringing an action in any appropriate forum to enforce these Terms and your Agreement thereto. You hereby waive any objection to the jurisdiction of such courts on the basis of personal jurisdiction, venue, choice of law or the doctrine of forum non-conveniens.
COMPLETE AGREEMENT; WAIVER
These Terms constitute the entire agreement between you and Simplesure with respect to your use of the Site and the Content. No waiver by Spiris of any breach or default hereunder shall be deemed to be a waiver of ay preceding or subsequent breach or default.
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
Simplesure reserves the right to correct any errors, inaccuracies or omissions at any time without prior notice. Simplesure does not guarantee the Site or Content to be error free or accurate.