Terms of Use

Welcome to www.simpluris.com (the “Website”). This page states the terms and conditions of the Website (“Terms”). Please review the Terms carefully. By accessing, browsing, or using the Website, you acknowledge acceptance of the Terms. If you do not accept the Terms, please do not use the Website. The Website is not available to minors. If you are a minor, please do not use the Website. Simpluris, Inc. (“Simpluris”) reserves the right to update the Terms from time to time in its sole discretion. You should review the Terms periodically for updates and changes. However, Simpluris is under no obligation to update any information contained on the Website.

License

Simpluris grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Website solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Website, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code are exclusive property of Simpluris or its content suppliers. These materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of these materials, or (ii) use these materials on other websites or any media, e.g., networking environment, without Simpluris’s prior written consent. All trademarks, service marks, and logos displayed on the Website are exclusive property of Simpluris and their respective owners. You shall not use any marks or logos in any manner without Simpluris’s and their respective owners’ prior written consent.

Trademark Information

Simpluris and LiveCase are trademarks of Simpluris, Inc. iPhone and iPad are registered trademarks of Apple Inc. Google and Android are trademarks of Google Inc.

User Submissions

Any material, information or other communication transmitted or posted to the Website, except where expressly provided otherwise by Simpluris, will be considered non-confidential and non-proprietary (“Submissions”). Simpluris will have no obligations with respect to the Submissions. Simpluris will have full rights to copy, disclose, discard, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Simpluris is not responsible for responding
to any requests received.

Parties

The Website may have links, such as hyperlinks or buttons, directing access to third-party websites. The third-party websites may not be controlled or monitored by Simpluris. impluris shall not be responsible for any materials, information, or content posted on third-party websites. The inclusion of third-party websites on the Website does not imply any relationship or association between Simpluris and the owner of the third-party website or any endorsement or sponsorship by Simpluris of the third-party website. Simpluris includes the third-party websites solely for your convenience. You are solely responsible for your access of the third-party websites. You shall use your own judgment, caution, and common sense in using the third-party websites.

Indemnification

You agree to indemnify, defend, and hold Simpluris, its subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third-party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your use of the Website, your submitted materials, or your violation of the Terms.

DISCLAIMER

YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. (B) SIMPLURIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) SIMPLURIS EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE WEBSITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE WEBSITE WILL BE UNINTERRUPTED AND SECURE; (III) THE WEBSITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE WEBSITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.

LIABILITY AND LIMITATIONS OF LIABILITY

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE WEBSITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE WEBSITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE SIMPLURIS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE WEBSITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE ‘1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT SIMPLURIS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF SIMPLURIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, SIMPLURIS’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.

Termination

SIMPLURIS has the right, in its sole discretion, to terminate any services of the Website and remove any materials from the Website. Simpluris may also terminate your access to any part or all of the services provided by Simpluris on the Website at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your use of the Website.

General

You agree that there is no employment, partnership, agency, or joint venture relationship between you and Simpluris arising out of or resulting from your use of the Website. Simpluris is not in the business of providing professional advice with respect to this Website and this Website should not be relied on as a substitute for financial, legal or other professional advice. Simpluris makes no warranty whatsoever to you, express or implied, regarding the security of this Website. The Terms constitutes the entire agreement between you and Simpluris governing your use of the Website and is additional to any binding agreement between you and Simpluris. The Terms are governed by the laws of the State of California, United States of America, without giving effect to any principles of conflict of laws. Simpluris does not warrant that this Website will be lawful outside the United States. If you view, access, submit, or download materials to and from the Website outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations.

If you need more information regarding the Website, please contact: Zach Hoffman, 800-779-2104, ext. 1104

Last updated: August 22, 2011

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