Terms and Conditions
By using the SimplytheBest Software or other SimplytheBest.net services (the "Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").
Neither SimplytheBest Inc. ('SimplytheBest') nor any providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. Neither SimplytheBest nor any of providers of information shall have any liability for the accuracy of the information contained in the service, or the contents of any advertisements, or for assertions or omissions therein. No party shall be liable to any other party or any third-party for third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. SimplytheBest reserves the right to remove any listings or any advertisements for any reason. In no case shall SimplytheBest be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems and client side browser issues.
CONDITIONS OF USE
You are entirely responsible and liable for all postings to SimplytheBest Web site(s). Listed below are some, though not all, violations which may result in SimplytheBest deleting your postings. You agree not to do any of the following while posting an ad to SimplytheBest.
- harass, threaten, embarrass or slander any person or entity;
- transmit via SimplytheBest any information, data, text, files, links, software, chat, communication or other materials ("Content") that SimplytheBest considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable;
- impersonate in SimplytheBest any business or person, living or dead, famous or not;
- submit Content for inclusion of which you are not the author or publisher;
- intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing SimplytheBest or in connection with your use of SimplytheBest in any manner.
You agree that you will not upload or transmit any Content to SimplytheBest Web site(s) that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to SimplytheBest you automatically grant -- or warrant that the owner of such Content has expressly granted -- SimplytheBest the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content.
CONTENT LINKED TO BY SIMPLYTHEBEST.NET
The web sites displayed as search results or linked to are developed by third parties and though we screen all web sites before including them in the index, a search using the SimplytheBest search may produce search results and links to web sites that some people may find objectionable, inappropriate or offensive. We cannot guarantee that a search will not locate unintended or objectionable content and assume no responsibility for the content of any web site included in any search results. The SimplytheBest.net Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SimplytheBest.net has no control over such sites and resources, you acknowledge and agree that SimplytheBest.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SimplytheBest.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SimplytheBest.net Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SimplytheBest.net shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SimplytheBest.net Services. You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. SimplytheBest shall not be responsible for any Content. SimplytheBest does not prescreen or monitor all Content as a matter of policy, but SimplytheBest shall have the right, but not the responsibility, to remove Content which is deemed in sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules SimplytheBest has in place at the time. SimplytheBest may elect at its sole discretion to monitor some, all, or no areas of SimplytheBest Web site(s) for adherence to this Agreement or rules.
FOR PERSONAL USE ONLY
The content is made available for personal, non-commercial use only. You may not use the SimplytheBest.net content to sell a product or service, or to increase traffic to your web site for commercial reasons. You may not take the results from a SimplytheBest.net search, reformat and display them, or mirror the SimplytheBest.net home page or results pages on your web site. You may also not use the SimplytheBest.net search results for a meta-search without prior written permission. You may not attempt to override or circumvent any of the usage rules embedded into the SimplytheBest.net Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided by the SimplytheBest.net Services, in whole or in part, is strictly prohibited.
You acknowledge and agree that the SimplytheBest.net Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SimplytheBest.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.
SimplytheBest.net responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act. All trademarks are hereby acknowledged as the property of their respective owners.
DISCLAIMER OF WARRANTIES
SimplytheBest.net disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the SimplytheBest search results. SimplytheBest.net disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. SimplytheBest.net disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the SimplytheBest.net services.
THE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SIMPLYTHEBEST.NET SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SIMPLYTHEBEST.NET AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SIMPLYTHEBEST.NET AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SIMPLYTHEBEST.NET SERVICES. SIMPLYTHEBEST.NET AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SIMPLYTHEBEST.NET SERVICES. SIMPLYTHEBEST.NET AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SIMPLYTHEBEST.NET SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SIMPLYTHEBEST.NET SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLYTHEBEST.NET SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SIMPLYTHEBEST.NET SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SIMPLYTHEBEST.NET OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SIMPLYTHEBEST.NET SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SIMPLYTHEBEST.NET OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SIMPLYTHEBEST.NET SERVICES, FROM INABILITY TO USE THE SIMPLYTHEBEST.NET SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SIMPLYTHEBEST.NET SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SIMPLYTHEBEST.NET SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLYTHEBEST.NET SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SIMPLYTHEBEST.NET SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLYTHEBEST.NET SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SIMPLYTHEBEST.NET SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SIMPLYTHEBEST.NET SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS ARE EXPLICITLY ACCEPTED BY YOU.
Without limiting the foregoing, under no circumstances shall SimplytheBest.net or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning.
CHANGES IN TERMS AND CONDITIONS
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. You agree that SimplytheBest.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SimplytheBest.net Services. We reserve the right to modify these terms of service without any notice.
These terms of service will be governed by and construed in accordance with the laws of the Marshall Islands, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the terms of service to be unenforceable, the remainder of the terms of service will continue in full force and effect. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. These terms of service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms of service will be effective only if in writing and signed by SimplytheBest.net.
We reserve the right to refuse any inclusion request or submission for any reason.
Your online privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used.
SimplytheBest Inc. ('SimplytheBest') provides links to many other websites that are beyond our control. Web sites that we link to may have privacy and security policies that differ from ours. We are not responsible, in any manner, for the privacy, security practices, or content of such Web sites.
We use IP addresses for statistical and system administration purposes. IP addresses are anonymously logged to track a user session. We do not link IP addresses with any personally identifiable information. This means that a user session will be logged but that user will remain anonymous to us. We can and will use IP address to identify a user when necessary to enforce our terms of service or protect our site, network, advertisers or users.
SimplytheBest uses session cookies to prevent banner network and affiliate system abuse and cheating. This cookie does not contain any personally identifiable information about users.
SimplytheBest does not require a user to accept or use browser cookies. Most web browsers will allow you the option to reject cookies or to choose which cookies to accept.
We collect contact information (name, address, telephone number, email address and URL) through various registration and entry forms. This information is only used to provide you with services that you requested (like submitting your Web site to our directory), contact you when necessary, or to send you additional information regarding SimplytheBest or selected reputable partners and affiliates.
We collect financial information (like credit card and banking information) from users who order goods, products or services from us. We will use this information to bill and collect for the goods, products and/or services that you order. We will also use this information to confirm your registration qualifications where appropriate.
SimplytheBest will not sell, share or rent your personally identifiable information to anyone, except as expressly described below:
we have your express consent to share your information; we need to share your information to provide you the product or service that you requested, we believe in good faith that any applicable law, regulation or legal process requires it when the disclosure is necessary to protect or enforce our rights or the rights of another user; we may share generic, aggregate and anonymous information with advertisers and affiliates.
SimplytheBest does not control the practices of our advertisers. If you have questions about how one of our advertisers uses information about you when you click their ad and go to their content, please contact them directly. (SimplytheBest will divulge information only as necessary to comply with state and federal laws.)
If you do not wish to receive our occasional newsletters or other marketing communications from SimplytheBest, you may opt-out of receiving these by following the unsubscribe / removal instructions located at the very bottom of these communications or by sending an email to us at firstname.lastname@example.org.
You can access all your personally identifiable information that we collect by editing your account information using the control panel. To protect your privacy and security, we will take reasonable steps to verify your identity before granting access or making changes or corrections to any of your personally identifiable information.
If you have any questions please contact: email[at]simplythebest[dot]net.