By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The site and the functions, facilities and services related thereto (“the Site”) are proprietary World Wide Web services operated and maintained by Simpleray If you do not agree with any of these terms, you are prohibited from using or accessing this site now and in the future. The materials contained in this website are protected by applicable copyright and trademark law.
2. USER LICENSE.
The Site may be used by you in an individual capacity or as a representative of a business entity. The Site is available only to individuals of the age of majority who can form legally binding contracts under applicable law and your use of this Site is your representation that you satisfy this requirement. You are solely responsible for any and all activities that occur under or in connection with your account or which result from access to or use of the Site using your password/passphrase or account. Each user is solely responsible for his or her transmissions.
Permission is granted for a limited, non-exclusive, non-sublicensable and non-transferable license to use (i.e., display locally) the materials solely for personal, non-commercial, use on the websites owned or controlled by Simpleray (“Simpleray”) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Simpleray’s website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Simpleray at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. INTELLECTUAL PROPERTY AND PROPRIETARY MATERIALS.
The Site contains trademarks, copyrights and other proprietary information and materials. This Site and all such materials are owned or licensed by Simpleray. Everything on this Site is copyrighted. You agree not to publish, modify, create derivative works from, sell or otherwise transmit or exploit any of such proprietary materials without the express written permission of the owner of the rights to such materials. You agree not to remove any copyright, trademark, or other proprietary notice or legend contained on this Site or on any materials obtained through this Site.
The materials on Simpleray’s website are provided “as is”. Simpleray makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Simpleray does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
Simpleray does not guarantee that access to or use of the Site will be uninterrupted or error free, that bugs or malfunctions will be corrected, or that the Site and its servers are free of harmful components.
In no event shall Simpleray or its parents, subsidiaries or affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Simpleray’s websites, even if Simpleray or a Simpleray authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. REVISIONS AND ERRATA.
The materials appearing on Simpleray’s website could include technical, typographical, or photographic inaccuracies or errors. Simpleray does not warrant that any of the materials on its websites are accurate, complete, or current. Simpleray may make changes to the materials contained on its websites at any time without notice. Simpleray does not, however, make any commitment to update the materials.
Simpleray has not reviewed all of the sites linked to its websites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Simpleray of any kind. Use of any such linked website is at the user’s own risk.
Simpleray has the right to amend or modify this User Agreement at any time by posting the amended User Agreement on this Site. The amended User Agreement will be effective on the date specified in the posting. Your use of the Site following the effectiveness of any notice of amendment will indicate your acceptance of the amended User Agreement.
By accessing the Site, you agree that Simpleray, its subsidiaries, officers and employees, will not be held responsible for any third party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of the Site.
10. GOVERNING LAW AND JURISDICTION.
This User Agreement and all aspects of use relating to Simpleray’s website shall be governed by the laws of the State of Iowa without regard to its conflict of law provisions.
11. ENTIRE AGREEMENT.
This User Agreement and all materials incorporated by reference constitute the entire understanding between you and us with respect to your rights and obligations as a user of the Site. If any provision of this User Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. The failure by Simpleray to enforce any provision of this User Agreement at any time is not a waiver of any provision or right.