Terms and conditions SimpleCJ
Welcome to the SimpleCJ Web sites (the "Site"). These terms and
conditions ("Agreement") sets forth the general terms and conditions
of your use of the simplecj.com website ("Website" or "Service") and
any of its related products and services (collectively,
"Services").
This Agreement is legally binding between you ("User","you" or "your")
and Simplecj LLC ("Simplecj Inc", "we", "us" or "our"). By accessing
and using the Website and Services, you acknowledge that you have
read, understood, and agree to be bound by the terms of this
Agreement. If you are entering into this Agreement on behalf of a
business or other legal entity, you represent that you have the
authority to bind such entity to this Agreement, in which case the
terms "User", "you" or "your" shall refer to such entity. If you do
not have such authority, or if you do not agree with the terms of this
Agreement, you must not accept this Agreement and may not access and
use the Website and Services. For clarity, these terms also apply to
any invited user (such as a client user or staff user), it is your
responsibility to ensure all users on your account are aware of these
terms.
SimpleCJ may revise the Terms of Use and Privacy Policy at any time
without notice to you. The revised Terms of Use and Privacy Policy
will be effective when posted. You can review the most current Terms
of Use at https://www.simpleCJ.com/terms.html and Privacy Policy at
http://www.simpleCJ.com/privacy.html
You acknowledge that this Agreement is a contract between you and
Simplecj Inc, even though it is electronic and is not physically
signed by you, and it governs your use of the Website and Services.
Accounts and membership
If you create an account on the Website, you are responsible for
maintaining the security of your account and you are fully responsible
for all activities that occur under the account and any other actions
taken in connection with it.
We may, but have no obligation to, monitor and review new accounts
before you may sign in and start using the Services. Providing false
contact information of any kind may result in the termination of your
account. You must immediately notify us of any unauthorized uses of
your account or any other breaches of security. We will not be liable
for any acts or omissions by you, including any damages of any kind
incurred as a result of such acts or omissions. We may suspend,
disable, or delete your account (or any part thereof) if we determine
that you have violated any provision of this Agreement or that your
conduct or content would tend to damage our reputation and goodwill.
If we delete your account for the foregoing reasons, you may not
re-register for our Services. We may block your email address and
Internet protocol address to prevent further registration.
Billing and payments
You shall pay all fees or charges to your account in accordance with
the fees, charges, and billing terms in effect at the time a fee or
charge is due and payable. Where Services are offered on a free trial
basis, payment may be required after the free trial period ends, and
not when you enter your billing details.
If auto-renewal is enabled for the Services you have subscribed for,
you will be charged automatically in accordance with the term you
selected. If, in our judgment, your purchase constitutes a high-risk
transaction, we will require you to provide us with a copy of your
valid government-issued photo identification, and possibly a copy of a
recent bank statement for the creditor debit card used for the
purchase.
We reserve the right to change products and product pricing at any
time. We also reserve the right to refuse any order you place with us.
These restrictions may include orders placed by or under the same
customer account, the same credit card, and/or orders that use the
same billing and/or shipping address. In the event that we make a
change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at
the time the order was made.
Refunds
If you are unsatisfied with the service, you may cancel for any reason and request a refund. Refunds must be requested by emailing support@simplecj.com.
User content and data
We do not own any data, information or material (collectively,
"Content") that you submit on the Website in the course of using the
Service. You shall have sole responsibility for the accuracy, quality,
integrity, legality, reliability, appropriateness, and intellectual
property ownership or right to use of all submitted Content.
We may, but have no obligation to, monitor and review the Content on
the Website submitted or created using our Services by you. You grant
us permission to access, copy, distribute, store, transmit, reformat,
display and perform the Content of your user account solely as
required for the purpose of providing the Services to you. Without
limiting any of those representations or warranties, we have the
right, though not the obligation, to, in our own sole discretion,
refuse or remove any Content that, in our reasonable opinion, violates
any of our policies or is in any way harmful or objectionable.
You also grant us the license to use, reproduce, adapt, modify,
publish, or distribute any Feedback you provide the Company to improve
our services or for commercial, marketing or any similar purpose.
Feedback means feedback, innovations or suggestions sent by You
regarding the attributes, performance or features of our Service.
Third party services
If you decide to enable, access or use third party services, be
advised that your access and use of such other services are governed
solely by the terms and conditions of such other services, and we do
not endorse, are not responsible or liable for, and make no
representations as to any aspect of such other services, including,
without limitation, their content or the manner in which they handle
data (including your data) or any interaction between you and the
provider of such other services.
You irrevocably waive any claim against Simplecj LLC with respect to
such other services. Simplecj LLC is not liable for any damage or loss
caused or alleged to be caused by or in connection with your
enablement, accessor use of any such other services, or your reliance
on the privacy practices, data security processes or other policies of
such other services.
You may be required to register for or log into such other services on
their respective platforms. By enabling any other services, you are
expressly permitting Simplecj LLC to disclose your data as necessary
to facilitate the use or enablement of such other service.
Backups
We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
- if the User is a Simplecj competitor for the relevant Services, using the Services directly or indirectly for competitive benchmarking or other competitive analysis.
Privacy
Simplecj maintains a privacy policy available at www.simplecj.com/privacy. You agree to this policy when you accept these Terms.
Consumer guarantees
You warrant and represent that you are acquiring the right to access and use the services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the services, the website or these Terms.
Links to other resources
Although the Website and Services may link to other resources (such as
websites, mobile applications, etc.), we are not, directly or
indirectly, implying any approval, association, sponsorship,
endorsement, or affiliation with any linked resource, unless
specifically stated herein.
We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any businesses or individuals or the content
of their resources. We do not assume any responsibility or liability
for the actions,products, services, and content of any other third
parties. You should carefully review the legal statements and other
conditions of use of any resource which you access through a link on
the Website and Services. Your linking to any other off-site resources
is at your own risk.
Accuracy of information
Occasionally there may be information on the Website that contains
typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, availability, promotions and offers. We
reserve the right to correct any errors, inaccuracies or omissions,
and to change or update information or cancel orders if any
information on the Website or Services is inaccurate at any time
without prior notice (including after you have submitted your
order).
We undertake no obligation to update, amend or clarify information on
the Website including, without limitation, pricing information, except
as required by law. No specified update or refresh date applied on the
Website should be taken to indicate that all information on the
Website or Services has been modified or updated.
Intellectual property rights
"Intellectual Property Rights" means all present and future rights
conferred by statute, common law or equity in or in relation to any
copyright and related rights, trademarks, designs, patents,
inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights,
in each case whether registered or unregistered and including all
applications and rights to apply for and be granted, rights to claim
priority from, such rights and all similar or equivalent rights or
forms of protection and any other results of intellectual activity
which subsist or will subsist now or in the future in any part of the
world.
This Agreement does not transfer to you any intellectual property
owned by Simplecj LLC or third parties, and all rights, titles, and
interests in and to such property will remain (as between the parties)
solely with Simplecj LLC.
All trademarks, service marks, graphics and logos used in connection
with the Website and Services, are trademarks or registered trademarks
of Simplecj LLC or its licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website and Services
may be the trademarks of other third parties. Your use of the Website
and Services grants you no right or license to reproduce or otherwise
use any of Simplecj LLC or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an "as is" and"as
available" basis and that your use of the Website and Services is
solely at your own risk. We expressly disclaim 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. We make no warranty that the Services
will meet your requirements, or that the Service will be
uninterrupted, timely, secure, or error-free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be
corrected.
You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own
discretion and risk and that you will be solely responsible for any
damage or loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered
into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create
any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will
Simplecj LLC, its affiliates, directors, officers, employees, agents,
suppliers or licensors be liable to any person for any indirect,
incidental, special, punitive, cover or consequential damages
(including, without limitation, damages for lost profits, revenue,
sales, goodwill, use of content,impact on business, business
interruption, loss of anticipated savings, loss of business
opportunity) however caused, under any theory of liability, including,
without limitation, contract, tort, warranty, breach of statutory
duty, negligence or otherwise, even if the liable party has been
advised as to the possibility of such damages or could have foreseen
such damages.
To the maximum extent permitted by applicable law, the aggregate
liability of Simplecj LLC and its affiliates, officers, employees,
agents,suppliers and licensors relating to the services will be
limited to an amount greater of one dollar or any amounts actually
paid in cash by you to Simplecj LLC for the prior one month period
prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not
fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Simplecj LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions there of shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Waiver
No waiver or amendment of any term or condition of this Agreement shall be valid or binding on any party unless agreed to in writing by such party. Simplecj failure to enforce any term of this Agreement will not be construed as a waiver of the right to enforce any such terms in the future.
Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws, restrictions and regulations of any United States or applicable agency or authority, and to not directly or indirectly provide or otherwise make available any services and products of simpleCJ in violation of any such restrictions, laws or regulations, including, without limitation, laws, restrictions or regulations pertaining to the development, design, manufacture or production of nuclear, chemical or biological weapons or missile technology. As applicable, you shall obtain and bear all expenses related to any necessary licenses, authorizations, and/or exemptions with respect to your own use of the services of simplecj outside the U.S. Neither the services or products of simplecj nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, into any country subject to U.S. trade sanctions, (Supplement No. 1 to Part 740, Export Administration Regulations, Country Group E:1), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations here under, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
Contacting us
If you would like to contact us to understand more about this
Agreement or wish to contact us concerning any matter relating to it,
you may send an email to contact@simplecj.com
This document was last updated on November 20, 2021