Simple Life Rates
LEGAL NOTICE: ACCESSING THIS WEBSITE OR VIEWING ANY OF ITS CONTENTS SHALL CONSTITUTE YOUR AGREEMENT WITH THE TERMS AND CONDITIONS BELOW.
Company may, at any time, for any reason, and without notice, make changes to (i) the Online Services, including their look, feel, format, and content, as well as (ii) the products and/or services as described in the Online Services. Any modifications will take effect when posted. Therefore, each time you access the Online Services, you need to review the Legal Terms upon which access and use of these Online Services is conditioned. By your continuing use of the Online Services after changes are posted, you will be deemed to have accepted such changes.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- COPYRIGHT AND LIMITATIONS ON USE
The Online Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other laws. Unless otherwise indicated, all content, including but not limited to graphic images, buttons, layout, trademarks, service marks, logos, text, and other materials contained in the Online Services (“Content”) are the exclusive property of Company or its third-party licensors. Except as expressly provided under this Section, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate the Online Services or a portion thereof without the prior written permission of Company.
You are only authorized to view, use, copy for your records, and download small portions of the Content (including without limitation text, graphics, software, audio and video files, and photos) for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer, or distribute a significant portion of the Content on the Online Services, or the design or layout of the Online Services or individual sections of it, in any form or media. The systematic retrieval of data from the Online Services is also prohibited.
The commercial use, reproduction, transmission, or distribution of any information, software, or other material available through the Online Services without the prior written consent of Company is strictly prohibited.
- YOUR CONTENT AND CONDUCT
You also specifically acknowledge and agree that:
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use the Online Services in a manner (as determined by Company in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of the Online Services;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Company or Company’s Services.
- You will not perform any false, abusive, or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- You will not modify or alter any part of the Online Services or any of its related technologies.
- You will not access Content or User Content through any technology or means other than through the Online Services, or as Company may designate.
- You will not re-sell or provide the Online Services for a commercial purpose, including any of Company’s related technologies, without Company’s express prior written consent.
- Company may call you about your account and that, for the purposes of any such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Company asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Company is a party.
- If your purchase or account activity shows signs of fraud, abuse, or suspicious activity, Company may cancel any service associated with your name, company, email address, or account and close any associated accounts. If you conduct any fraudulent activity, Company reserves the right to take any necessary legal action and you may be liable for monetary losses to Company including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact Company.
All Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
(c) use any device to navigate or search the Website other than the tools available on the Webite, generally available third-party web browsers, or other tools approved by Company;
(d) use any data mining, robots, or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of the Website including attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of the Website;
(h) aggregate, copy or duplicate in any manner any of the Content or information available from the Website, other than as permitted by these Terms;
(o) harass, incite harassment, or advocate harassment of any group, company, or individual;
(q) attempt to interfere with service to any User, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or
(r) use the Online Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job ad that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined solely in Company’s discretion.
Violations of system or network security may result in civil and/or criminal liability. Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
The Online Services may allow you to communicate with others through message boards and other features. When your account is used to submit, post, or add content to the services, you agree to accept sole responsibility for, and assume liability associated with, such content, including the information, statements, facts, and material contained in any form or medium. By submitting or posting content to or through the Online Services, you agree to grant, and hereby grant, Company a worldwide, royalty free, perpetual, irrevocable, non-exclusive, and freely sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content anywhere, for any purpose, in any form or medium now known or hereafter developed. Company reserves the right to review, edit, refuse to post, or to remove any of your content, in whole or in part, at any time.
- MOBILE SERVICES
If you access the Online Services through a mobile device, you agree that information about your use of the Online Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Online Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Online Services using a mobile device, you represent that to the extent you import any of your data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. you acknowledge You are responsible for all charges and necessary permissions related to accessing the Online Services through your mobile access provider. Therefore, you should check with your provider to find out if the Online Services are available and the terms for these services for your specific mobile devices.
By using any downloadable application to enable your use of the Online Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
You may not link to the Online Services without Company’s written permission.
- NO WARRANTIES
THE ONLINE SERVICES AND ANY CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH COMPANY EXPRESSLY DISCLAIMS. COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND COMPANY WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE ONLINE SERVICES OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE ONLINE SERVICES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE ONLINE SERVICES AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY COMPANY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- LIMITATION OF LIABILITY
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF, OR RELIANCE ON THE CONTENT (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS, OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE ONLINE SERVICES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE ONLINE SERVICES OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL COMPANY’S TOTAL AGGREGATE LIABILITY EXCEED $1,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE ONLINE SERVICES.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the Parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all Parties. Each Party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
- GOVERNING LAW, LOCATION AND MISCELLANEOUS
- SEPARATE AGREEMENTS
- BETA SERVICES
From time to time, Company may offer new services (limited preview services or new features to existing services) in a pre-release version. New services, new features to existing Online Services or limited preview services shall be known, individually and collectively, as “Beta Services”. If you elect to use any Beta Service, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or mission critical environments; (iv) Company reserves the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Company may limit availability of customer service support time dedicated to support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that Company may track your browsing behavior, links clicked, your device type, and collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Company; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”.
You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by Company. To the fullest extent permitted by law, Company disclaims any and all warranties, statutory, express, or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- ADDITIONAL RESERVATION OF RIGHTS
Company expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Company in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Company in offering or delivering any Online Services, (ii) to assist with our fraud and abuse detection and prevention efforts, (iii) to comply with court orders against you with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (vii) to avoid any civil or criminal liability on the part of Company, its officers, directors, employees and agents, as well as Company’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Company, or (viii) to respond to an excessive amount of complaints related in any way to your Account that could result in damage to Company’s business, operations, reputation or shareholders.
Company expressly reserves the right to terminate, without notice to you, any and all Online Services where, in Company’s sole discretion, you are harassing or threatening Company and/or any of Company’s employees.
- SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
- ENGLISH LANGUAGE CONTROLS