Terms of Service

Terms of Service

Effective as of September 07, 2016

Thank you for your interest in and use of our products and services, and the content contained therein (the "Services"). SimpliProtected ("SimpliProtected", "we", "us", or "our") provides these Services to you ("you" or "your"), subject to the terms contained in this SimpliProtected Services Terms of Use (this "Agreement"). This Agreement is a binding legal agreement between you and SimpliProtected. Please read the terms and conditions of this Agreement carefully before using our Services. The Services and all data, design, text, images, graphics, including all arrangements thereof, contained therein are proprietary, confidential, and are licensed to you under this Agreement, not sold to you. By accessing or otherwise using any portion of the Services, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Services.

1. Ability to Use the Services

In order to accept this Agreement and to use the Services, you must be a resident of an Authorized Jurisdiction and be at least 18 years of age, or if you have parental consent, at least 13 years of age ("Minimum Age"). The Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age in the applicable Authorized Jurisdiction; (b) you have the consent of your parent(s) to use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant SimpliProtected the rights granted herein; and (d) you have read, understood, and agree to be bound by this Agreement. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Agreement, you may not use the Services.

2. Privacy

SimpliProtected's privacy policy explains the data we collect, use, store, and process while you use and access our Services. By using our Services, you have read, understood, and agree to the terms of our privacy policy, and you agree that we may use such data in accordance with the terms of our privacy policy. If you have any questions regarding our privacy policy, please contact us.

3. Compliance with Policies

While using the Services, you agree that you will comply with all posted policies as we may update from time to time. We may suspend or stop providing you with access to the Services if you fail to comply with our posted policies.

4. Additional Terms and Conditions

Some of the Services we offer may require additional terms and conditions. We will make those additional terms and conditions available to you with the relevant Services. If you use those Services, the terms and conditions that apply will become part of this Agreement between you and us.

5. Changes in Terms

We may modify this Agreement from time to time. If we make material changes to the Agreement, we will notify you by email or through a message posted on the Services. You agree that such modified Agreement will be effective seven (7) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. Your continued use of the Services after our provision of notice to you will constitute your affirmative acceptance to the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.

6. Your License to Use the Services

Restrictions. Except as otherwise specifically permitted in this Agreement, you shall not: (a) access or use the Services through an application or means not authorized by SimpliProtected; (b) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, or otherwise exploit the Services to or for the benefit of any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (d) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (e) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without SimpliProtected's prior written consent; (f) provide your username and password used to access the Services to any third party; (g) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; (h) circumvent any technological measures employed by or on behalf of SimpliProtected to protect the Services; (i) use any other technologies or initiate any other activities that may harm the Services, or the interests or property of SimpliProtected or other users of the Services; or (j) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

7. Communication Preferences and Consent

From time to time we may send you communications to the email address associated with your account. These communications may include, but are not limited to, special offers and other account-related or transactional messages. Additionally, our mobile and tablet applications may, in some circumstances, offer the ability for you to receive push notifications in connection with those applications. If you would like to modify your ability to receive push notifications from our applications, you can control those settings within the settings or preferences apps of each respective device. By accepting this Agreement and using the Services, you expressly consent to the receipt of all such communications from or on behalf of SimpliProtected. You may not opt-out of receiving account-related or transactional communications.

8. Payment, Fees, and Other Charges

If you elect to access any paid component of the Services, such as becoming a subscriber, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Services. You agree to maintain a valid payment method during the term of your use of such Services. Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Services. SimpliProtected assumes no liability or responsibility for the payment of any charges you may incur. Terms of Payment are within SimpliProtected's sole discretion, and unless otherwise agreed by SimpliProtected, payment must be received by SimpliProtected prior to SimpliProtected's acceptance of an order. Your order is subject to cancellation by SimpliProtected, in our sole discretion. SimpliProtected does not intend to be bound unless the price is fixed or agreed. SimpliProtected is not responsible for pricing, typographical, or other errors in any offer by SimpliProtected and reserves the right to cancel any orders arising from such errors.

9. Intellectual Property

As between you and SimpliProtected, you acknowledge that SimpliProtected retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces (APIs) comprising the Services, and all content therein. SimpliProtected, its logo, as well as certain other SimpliProtected trademarks, service marks, graphics, and logos, are the registered trademarks or trademarks of SimpliProtected. You agree to prevent any unauthorized copying, use, or distribution of the Services. Except as expressly provided herein, SimpliProtected does not grant any express or implied right to you under any SimpliProtected-owned or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.

10. Liability Disclaimer

THE INFORMATION SOFTWARE PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS CHANGES AND PERIODICALLY ADD TO THE INFORMATION HEREIN. SIMPLIPROTECTED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. SIMPLIPROTECTED AND/OR/ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY AVAILABILITY TIMELINESS ACCURACY OF THE INFORMATION SOFTWARE PRODUCTS SERVICES AND RELATED GRAPHIC CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION SOFTWARE, PRODUCT, SERVICES, AND RELATED GRAPHICS ARE PROVIDED �AS IS� WITHOUT WARRANTY OR CONDITION OF ANY KIND. SIMPLIPROTECTED AN/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS INCLUDING ALL IMPLIED WARRANTIES, OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIMPLIPROTECTED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES THE PROVISION OF OR ANY FAILURE TO PROVIDE SERVICES OR FOR ANY INFORMATION SOFTWARE PRODUCTS SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF SIMPLIPROTECTED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

11. Indemnification

You agree to defend (at our option), hold harmless, and indemnify us from and against all third party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Services; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

12. Term and Termination

Subject to the terms of this section, this Agreement will remain in effect for as long as you use the Services. You may cancel your account and terminate this Agreement at any time and for any reason. We may terminate this Agreement and your access to the Services at any time and for any reason by providing notice to the email address you provided us. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Services, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to SimpliProtected. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement. Any provision of this Agreement that should, by its nature, survive termination of this Agreement will survive its termination. Such provisions include, but are not limited to sections 1-4, 7, and 11-28.

13. Notices

We may post notices to you within the Services. We may also send you notices about products and services to the email address you provided us. You hereby consent to receive notice from us through the foregoing means, and you are deemed to have received such notices at the latest within two (2) business days from us posting or sending a notice. You are responsible for keeping your account information, including your email address, up to date. SimpliProtected assumes no liability nor any responsibility for any consequences resulting from your provision or use of outdated, incomplete, or inaccurate information in connection with the Services.

14. Assignment

SimpliProtected may assign this Agreement or delegate any of our rights or obligations hereunder, or any part thereof, to any third party, including our successor in interest, without requiring your written consent. You may not assign this Agreement in whole or in part, for any reason. This Agreement will be binding upon and will inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

15. Third Party Beneficiaries

Except with respect to platform providers through which you download or use applications certified by SimpliProtected, nothing in this Agreement, either express or implied, is intended to or will be deemed to confer upon any other person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

16. Governing Law and Disputes

(a) Governing Law. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of New Hampshire, excluding its choice-of-law principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. (b) Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Services, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If SimpliProtected does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below. (c) Arbitration Agreement. Any claims by SimpliProtected, or claims by you that are not resolved by the Informal Resolution procedure described in section 25(b) above, arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. � 1et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement. The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this section 25 for use as persuasive authority in other proceedings brought pursuant to this section 25. (d) Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.

17. Severability

In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.

18. Entire Agreement

This Agreement constitutes the complete and exclusive agreement between you and SimpliProtected with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.

19. Questions Regarding this Agreement

If you have any questions regarding this Agreement, you may contact SimpliProtected's Support Team.