Disclaimer...like a grumpy FYI page
You agree that you are using your own judgment in using the information provided on and through Simplero, which is done at your own risk.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
We try to ensure our website is available for use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our website will be available. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our site become unavailable or access to the site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our website inaccessible to you.
Liabilities not assumed
Simplero assumes no liability whatsoever whether for direct damages; for consequential damages of any kind, without limitation, loss of income, profits, markets, interest, business opportunity, use of goods, or any loss or damage arising from the inherent nature of the goods; for special damages or loss; for other indirect loss; or for breach of other contracts.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the website.You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user.The information contained on our website or otherwise provided to you by Simplero is for educational and informational purposes only, and is made available to you as self-help tools for your own use.
If you are dissatisfied with Simplero in any way, your sole and exclusive remedy is to discontinue using Simplero. That’s it. INFORMATION ON THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You acknowledge and agree that no representation has been made by us or our affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in our programs or services.
You agree at all times to defend, indemnify and hold harmless us and our affiliates, successors, transferees, assignees and licensees and respective parent and agents, associates, officers, directors, shareholders and employees from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant related to Simplero.
It is your responsibility as a customer to have proper insurance coverage in the case of loss due to your use or non-use of Simplero.
We don't run around terminating people's accounts - it's our livelihood and it's why we exist. What's the fun in developing software if no-one is using it? That said, we do reserve the right to terminate an account at any time, with or without a reason or explanation. And even after your access has been terminated, you still are required to comply with all parts of these terms forever.
The reason this section is here at all is not so that we'll have a better shot in the case of legal action. It's because it helps prevent that legal action and encourage everyone to get in a room and hash things out in advance so we can have an amiable solution.
If a disagreement crops up, we both agree to use mediation first before any arbitration, litigation, or other procedure.
If we can't agree, any disputes will be resolved according to law, and in the courts of New York for customers from the US and other countries.