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  Terms Of Use
 
 

 

 

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (TERMS) RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.

By accessing any Simpler Search™ website or by otherwise accessing any Simpler Search™ content, software, products or services available through the Sites ("the Content"), you are deemed to have entered into a legally binding agreement with Simpler Search™ and all of its subsidiary companies and to have agreed to be bound by the Terms set out below. The Sites are owned and operated by Simpler Search™ and True Color Optics, Inc (hereinafter Simpler Search™).

Unless otherwise arranged with Simpler Search™, by Advertising (with Free or Paid Ads) on any Simpler Search™ website you are agreeing to post and maintain a Reciprocal Link, on your website, using the code provided to you.

Simpler Search™ periodically confirms the existance of the Reciprocal Link you agree to establish when advertising on our sites. If we find the link broken (or not estabished in accordance with our Agreement), we will make every effort, including a minimum of 2 emailed notices, to alert you to the missing link and give you ample time to correct the situation.

The continued failure to maintain this Reciprocal Link, after a series of notices, will result in the removal of any and all Ads you may have placed on any Simpler Search™ site, and, as this will be considered a breech of our contract, no refunds will be provided. If you reestablish the Reciprocal Link, your ads will be returned to the Simpler Search™ site for the balance of the time remaining in the original Agreement.

1. Intellectual Property Protection

The term "Intellectual Property Rights" means, copyrights, database rights, trade marks, trade names, domain names, rights in logos, get-up and content, inventions, trade secrets and know-how, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a nature similar to any of the above, in every case in any part of the world and whether or not registered; and including all granted or pending registrations, and all rights to make applications for registration in respect of any of the same.

All Intellectual Property Rights in the Content and design of the Sites and any material emailed to you or otherwise supplied to you in conjunction with our online products are the property of Simpler Search™. You may not use or reproduce any Simpler Search™ Intellectual Property, including any trademarks, registered or unregistered, for any reason without written permission from Simpler Search™.

You agree to grant to Simpler Search™, a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, blogs, testimonials, forums and newsgroups) or by e-mail to Simpler Search™ by all means and in any media now known or hereafter developed. You also grant to Simpler Search™, the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Simpler Search™ for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Simpler Search™, SimplerSearch.com or any of its affiliates and subsidiaries.

The software, which operates the Sites, is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

2. Digital Millennium Copyright Act ("DMCA") Notice

Materials may be made available via the Sites by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Sites for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Sites.

If you believe any materials on the Sites infringe a copyright, you should provide us with written notice that at a minimum contains:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our company as follows:

Simpler Search
DMCA Compliance Division
10121 SE Sunnyside Road #300
Clackamas, OR 97015


3. Use of Simpler Search™ Content

You may retrieve and display Simpler Search™ Media Content on a computer screen or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form for your personal, non-commercial use. If you do download material from the site all copyright and other notices must be kept intact.

Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content of the Sites. In particular, you may not do any of the following without prior written permission. No parts of any Simpler Search™ publication or Sites may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the copyright owners. You may not reverse engineer, modify, decompile, disassemble or translate the Content (whether for the purpose of error correction or otherwise). You may not display the Content on a public bulletin board, ftp site, website, chat room or by any other unauthorized means. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of SimplerSearch.com.

Any use of Simpler Search™ Media Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to our Production Department, Simpler Search™, 10121 SE Sunnyside Road Suite 300, Clackamas, OR 97015, or by email to info@SimplerSearch.com and may be subject to a fee.

4. Use of the Sites

You assume total responsibility and risk for your use of the site and the Internet. Simpler Search™ provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Simpler Search™ shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Simpler Search™ has no control over and accepts no responsibility whatsoever for such materials.

In connection with your use of the Site, you agree that you will not::

a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;

b) Impersonate any person or entity, including but not limited to, a Simpler Search™ official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

d) Post or transmit any Material that contains a virus or corrupted data;

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

f) Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

h) Violate any applicable local, state, national or international law;

i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

j) Delete or revise any Material posted by any other person or entity;

k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or

l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Simpler Search™ product or service if you are not expressly authorized by such party to do so.

5. Payments and Transactions

Simpler Search™ Advertising may be subject to a fee. All payments (including applicable taxes) must be made in advance in a currency specified by Simpler Search™. You are responsible for the payment of all charges associated with the use of the Sites using your Username, Password or ID.

All refunds that relate to Simpler Search™ products or services are at the discretion of Simpler Search™. Any product specific offers, conditions or terms are stated at the point of purchase for that product.

6. Terms and Termination

Simpler Search™, may, at their discretion, terminate or suspend individual or group access to all or part of the Sites (including any right to access and use Simpler Search™ Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of Simpler Search™ provided in these Terms or by law.

7. Changes to the Site

Simpler Search™ reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Simpler Search™ Content available on the Sites at any time and to restrict the use and accessibility of the Sites.

8. Registration, Passwords and Responsibilities

Some parts of the Sites require registration. You are solely responsible for the confidentiality and use of and access to the Simpler Search™ Content and Sites using your username, password or ID. You agree to immediately notify Simpler Search™ if you become aware of any loss or theft of any username, password or ID or any unauthorized use of a username, password, ID, or any other login details. SimplerSearch.com reserves the right to monitor and record activity on the Sites, including access to Simpler Search™ Content.

9. Privacy Policy

Simpler Search™ maintains a high level of privacy and security for your details. Click here to view our online Privacy Policy in full.

10. No Warranty, Disclaimer of Liability and Indemnity

While every effort has been made to ensure the high quality and accuracy of the Sites, Simpler Search™ makes no warranty, express or implied concerning the Content of the Sites, which is provided "as is". Simpler Search™ expressly disclaim all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of satisfactory quality. In no event will Simpler Search™, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Content, even if Simpler Search™ has been advised of the possibility that such damages may arise. Simpler Search™ does not guarantee the accuracy or timeliness of the Content appearing on the Sites, or that the Sites or related systems are free from viruses or other contaminating or destructive properties. In the event that Simpler Search™ incurs any liability whatsoever, the aggregate liability shall not exceed the amount that you originally paid for the service.

You agree to defend, indemnify and hold us harmless, and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these terms and conditions, (ii) your content and materials, (iii) your use of materials or features available on the Sites (except to the extent a claim is based upon infringement of a third party right by materials created by us) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

Except in respect of fraudulent misrepresentation, this Agreement together with any order form and payment method instructions set forth the entire agreement and understanding of the parties relating to the subject matter herein. Any prior written or verbal agreements are superseded by this Agreement.

11. Force Majeure

Simpler Search™, its parent company, affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Simpler Search™ Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

12. Links To Third Party Websites

The Sites may contain links and pointers to Internet sites maintained by third parties. Simpler Search™ do not operate or control in any respect any information, products or services on such third party sites. Links are provided solely for your convenience, and do not constitute any endorsement by Simpler Search™ and/or its suppliers. You assume sole responsibility for use of third party links and pointers. If you have any concerns about your privacy at one of these sites, please review their sites' policies or contact them directly.

13. Miscellaneous

Changes to these Terms

Simpler Search™ may, at its discretion, change these Terms (including those relating to your use of the Sites and/or the Simpler Search™ Content). When the Terms are changed, Simpler Search™ will either attempt to notify you by email or publish details of those changes by including them in these Terms.

Rights of Reply

If at any time you, or your organization, have a complaint or comment to make about the Content featured within the Sites they should contact Simpler Search™.

Advertising and Third Party Content

Parts of the Sites may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law Simpler Search™ is not responsible for any third party content or error, omission or inaccuracy in any advertising material.

Invalid Provision

If any provision of this agreement is held to be invalid by a court of competent jurisdiction, Simpler Search™ shall amend the invalid provision in such reasonable manner as achieves the intention of the parties without illegality, or at the discretion of Simpler Search™, such provision may be severed from this agreement and the remaining provisions shall nevertheless remain in full force and effect. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction.

14. Governing Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, United States law and the laws of the State of Oregon. The parties irrevocably agree that the courts of the United States of America, and the State of Oregon, shall have exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of those courts.

 

 
 
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