Terms of Services, Conditions of Use
1. User's Acknowledgment and
Acceptance of Terms
We expressly reserve the right to
change these Terms of Use from time to time without notice to you. You
acknowledge and agree that it is your responsibility to review this site and
these Terms of Use from time to time and to familiarize yourself with any
modifications. Your continued use of this site after such modifications will
constitute acknowledgement of the modified Terms of Use and agreement to abide
and be bound by the modified Terms of Use.
As used in these Terms of Use,
references to our "Affiliates" include our owners, subsidiaries,
affiliated companies, officers, directors, suppliers, partners, sponsors, and
advertisers, and includes (without limitation) all parties involved in
creating, producing, and/or delivering this site and/or its contents.
2. Third Party Sites and Information
This site may link you to other sites
on the Internet or otherwise include references to information, documents,
software, materials and/or services provided by other parties. These sites may
contain information or material that some people may find inappropriate or
offensive. These other sites and parties are not under our control, and you
acknowledge that we are not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content of such sites, nor are we
responsible for errors or omissions in any references to other parties or their
products and services. The inclusion of such a link or reference is provided
merely as a convenience and does not imply endorsement of, or association with,
the site or party by us, or any warranty of any kind, either express or
implied.
3. Intellectual Property Information
Copyright (c) JustSimpleTools.com All
Rights Reserved.
For purposes of these Terms of Use,
"content" is defined as any information, data, communications,
software, extension, addon, app, photos, video, graphics, music, sounds, and
other material and services that can be viewed by users on our site.
By accepting these Terms of Use, you
acknowledge and agree that all content presented to you on this site is
protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws, and is the sole property of JustSimpleTools.com and
its Affiliates. You are only permitted to use the content as expressly
authorized by us or the specific content provider. You may not copy, reproduce,
modify, republish, upload, post, transmit, or distribute any documents, data,
software, addon, extension or information from this site and all its
sub-domains in any form or by any means without prior written permission from
us or the specific content provider, and you are solely responsible for
obtaining permission before reusing any copyrighted material that is available
on this site. Any unauthorized use of the materials appearing on this site may
violate copyright, trademark and other applicable laws and could result in
criminal or civil penalties.
Neither we nor our Affiliates warrant
or represent that, your use of materials displayed on, or obtained through,
this site will not infringe the rights of third parties. See "User's
Materials" below for a description of the procedures to be followed in the
event that any party believes that content posted on this site infringes on any
patent, trademark, trade secret, copyright, right of publicity, or other
proprietary right of any party.
All custom graphics, icons, logos and
service names are registered trademarks, trademarks or service marks of JustSimpleTools.com
or its Affiliates. All other trademarks or service marks are property of their
respective owners. Nothing in these Terms of Use grants you any right to use
any trademark, service mark, logo, and/or the name of JustSimpleTools.com or
its Affiliates.
4. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS
SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET
YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR
(D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED
BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR
BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR
OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS
OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE
SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE
DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT
YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM SUCH ACTIVITIES.
Through your use of the site, you may
have the opportunities to engage in commercial transactions with other users
and vendors. You acknowledge that all transactions relating to any merchandise
or services offered by any party, including, but not limited to the purchase
terms, payment terms, warranties, guarantees, maintenance and delivery terms
relating to such transactions, are agreed to solely between the seller or
purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY
TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU
UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN
RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES,
MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY
IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR
AFFILIATES.
You understand and agree that
temporary interruptions of the services available through this site may occur
as normal events. You further understand and agree that we have no control over
third party networks you may access in the course of the use of this site, and
therefore, delays and disruption of other network transmissions are completely
beyond our control.
You understand and agree that the
services available on this site are provided "AS IS" and that we
assume no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
5. Limitation of Liability
IN NO EVENT SHALL WE OR OUR
AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH
THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN
ANY WAY FOR THIRD PARTY GOODS, ADDONS, EXTENSIONS, SOFTWARES AND SERVICES
OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL
TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF
ORDERS.
SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. Indemnification
Upon a request by us, you agree to
defend, indemnify, and hold us and our Affiliates harmless from all
liabilities, claims, and expenses, including attorney's fees, that arise from
your use or misuse of this site. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with us in asserting
any available defenses.
7. International Use
Although this site may be accessible
worldwide, we make no representation that materials on this site are
appropriate or available for use in locations outside the United States, and
accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so on their own
initiative and are responsible for compliance with local laws. Any offer for
any product, service, and/or information made in connection with this site is
void where prohibited.
8. Termination of Use
You agree that we may, in our sole
discretion, terminate or suspend your access to all or part of the site with or
without notice and for any reason, including, without limitation, breach of
these Terms of Use. Any suspected fraudulent, abusive or illegal activity may
be grounds for terminating your relationship and may be referred to appropriate
law enforcement authorities.
Upon termination or suspension,
regardless of the reasons therefore, your right to use the services available
on this site immediately ceases, and you acknowledge and agree that we may
immediately deactivate or delete your account and all related information and
files in your account and/or bar any further access to such files or this site.
We shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension or any other actions taken by us
in connection with such termination or suspension.
9. Governing Law
This site (excluding any linked sites
or sub-domains) is controlled by us from Canada. It can be accessed from all
states, as well as from other countries around the world. As each of these
places has laws that may differ from those of Canada, by accessing this site
both of us agree that the statutes and laws of Canada. Each of us agrees and
hereby submits to the exclusive personal jurisdiction and venue any court of
competent jurisdiction within the Country of Canada with respect to such
matters.
10. Notices
All notices to a party shall be in
writing and shall be made either via email or conventional mail. Notices to us
must be sent to the attention of Customer Service at support@JustSimpleTools.com.
We may broadcast notices or messages through the site to inform you of changes
to the site or other matters of importance, and such broadcasts shall
constitute notice to you at the time of sending.
11. Entire Agreement
These terms and conditions constitute
the entire agreement and understanding between us concerning the subject matter
of this agreement and supersedes all prior agreements and understandings of the
parties with respect to that subject matter. These Terms of Use may not be
altered, supplemented, or amended by the use of any other document(s). Any
attempt to alter, supplement or amend this document or to enter an order for
products or services which are subject to additional or altered terms and
conditions shall be null and void, unless otherwise agreed to in a written
agreement signed by you and us. To the extent that anything in or associated
with this site is in conflict or inconsistent with these Terms of Use, these
Terms of Use shall take precedence.
12. Miscellaneous
In any action to enforce these Terms
of Use, the prevailing party will be entitled to costs and attorneys' fees. Any
cause of action brought by you against us or our Affiliates must be instituted
with one year after the cause of action arises or be deemed forever waived and
barred.
You may not assign your rights and
obligations under these Terms of Use to any party, and any purported attempt to
do so will be null and void. We may free assign our rights and obligations
under these Terms of Use.
You agree not to sell, resell,
reproduce, duplicate, copy or use for any commercial purposes any portion of
this site, or use of or access to this site.
In addition to any excuse provided by
applicable law, we shall be excused from liability for non-delivery or delay in
delivery of products and services available through our site arising from any
event beyond our reasonable control, whether or not foreseeable by either
party, including but not limited to, labor disturbance, war, fire, accident,
adverse weather, inability to secure transportation, governmental act or
regulation, and other causes or events beyond our reasonable control, whether
or not similar to those which are enumerated above.
If any part of these Terms of Use is
held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall remain in full
force and effect.
Any failure by us to enforce or
exercise any provision of these Terms of Use or related rights shall not
constitute a waiver of that right or provision.
13. Contact
To contact us with any questions or
comments, please email us at support@JustSimpleTools.com.