Terms and Conditions
Your access to, browsing of or use of this web site (the “Site”) is subject to the following terms and conditions (the “Terms and Conditions”) as well as all applicable laws. Please read the Terms and Conditions carefully. By accessing, browsing or using the Site, you accept and acknowledge your assent to, without limitation or qualification, the Terms and Conditions. If you do not agree to the Terms and Conditions, then please do not access, browse or use the Site.
1. Copyright. All designs, text, graphics, the selection and arrangement thereof, and all code and software on and in the Site are Copyright ©2012 SimpleCater LLC, a Florida limited liability company (the “Company”). All rights reserved. You should assume that the underlying code and everything you see or read on the Site (collectively, the “Information”) is copyrighted unless otherwise noted. The Information may not be used other than in accordance with the Terms and Conditions without the prior written consent of the Company. The redistribution, retransmission, republication, sale or commercial exploitation of the Information is expressly prohibited without the prior written consent of the Company, except that you may view and download one copy of the Information to one computer for your own personal, non‑commercial use only, provided that you do not delete or change any copyright, trademark or other proprietary notices. The Company neither warrants nor represents that your use of the Information will not infringe upon the rights of third parties not owned by or affiliated with the Company.
2. Trademarks. The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of the Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Company or such third party that may own the Trademarks displayed on the Site. The Trademarks displayed on the Site may not be used other than in accordance with the Terms and Conditions. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
3. Errors and Omissions. THE COMPANY IS PROVIDING THE SITE AND THE INFORMATION ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, THE INFORMATION OR ANY SITE THAT IS HYPERLINKED HERETO, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF THE INFORMATION, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Although the Company uses its best efforts to provide Information that is accurate and up to date, the Company assumes no liability or responsibility for any errors or omissions in the Information.
4. Disclaimer of Liability. Your access to, browsing of or use of the Site is at your own risk. NEITHER THE COMPANY NOR ITS MANAGERS, MANAGING MEMBERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE OR THE INFORMATION SHALL BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITIES, INCLUDING, WITHOUT LIMITATION, (A) INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (B) LOSS OF OR DAMAGE TO DATA OR COMPUTER EQUIPMENT, (C) LOSS OF OR DAMAGE TO INCOME OR PROFITS, (D) LOSS OF OR DAMAGE TO PROPERTY OR (E) CLAIMS OF ANY PARTIES, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY REASON ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, BROWSING OF OR USE OF THE SITE, THE INFORMATION OR ANY SITE HYPERLINKED HERETO, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, VIRUS OR OTHER HARMFUL COMPONENT, OR LINE FAILURE. Please note that some jurisdictions may not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to you.
5. Products and Services on the Site. The products and services described on the Site may not be available in all geographic areas. Not all persons or entities are eligible for all of the products and services described on the Site. The Company reserves the right to determine, in its sole discretion, the eligibility for any such product or service.
6. Off-Site Links. The third-party sites hyperlinked to or from the Site are not under the control of the Company. The Company has not reviewed any or all of the third-party sites hyperlinked to or from the Site. The Company does not make any representations regarding, and is not responsible for, the content or accuracy of any third-party sites hyperlinked to or from the Site. The products and services which can be accessed, purchased or obtained through such third-party sites are from persons or entities other than the Company. The Company does not make any representations or warranties of any kind, including, without limitation, warranty of merchantability or warranty of fitness for a particular purpose, with regard to such services and products. If you chose to hyperlink to or from any third-party site hyperlinked to or from the Site, then doing so shall be at your own risk.
7. Prohibited Jurisdictions. The Company does not authorize the downloading or exportation of the Information or any software or technical data from the Site to any jurisdiction which prohibits the downloading or exportation of such Information or data or to any jurisdiction prohibited by United States export control laws.
8. Privacy. The Company recognizes and respects your expectation of privacy and the Company is committed to protecting your privacy rights. The Site may require you to disclose personal information. The Company may collect personal information through the Site, including, without limitation, when you register on the Site, when you send a message to the Company through the Site and when you use the Company’s products or services. When you do any of the foregoing, the Company may collect and ask for information such as your name and email address. The Company also collects information about your transactions with the Company. As required by Mobile Network Operators, the Company ensures that a privacy statement is communicated to recipients when they agree to receive SMS/MMS messages from the Company. This privacy statement makes clear that recipients’ personal information will not be shared or sold to third parties for marketing purposes. By agreeing to receive such communications, you acknowledge and accept this policy. The Company does not rent, sell or share personal information about you with other people or non-affiliated companies. The Site does not use cookies. Additional Terms Regarding SMS/MMS Communications: (1) All the stated categories in this privacy policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. (2) End users can opt out of receiving further messages by replying STOP or ask for more information by replying HELP. (3) Message frequency varies, and standard message and data rates may apply as determined by your mobile carrier.
9. Choice of Law, Jurisdiction, and Venue. The Site, the Information, the Terms and Conditions, any suit, claim, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the State of Florida without regard to choice of law rules. Any suit, action or proceeding arising out of, or with respect to, the Site, the Information or the Terms and Conditions, or any judgment entered by any court in respect thereof, shall be brought exclusively in the courts of the State of Florida located in Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida situated in Miami-Dade County, Florida. You hereby consent to personal jurisdiction in the State of Florida, acknowledge that venue is proper in the courts of the State of Florida located in Miami-Dade County, Florida, or in the United States District Court for the Southern District of Florida situated in Miami-Dade County, Florida, and waive any objections that may exist, now or in the future, with respect to any of the foregoing.
10. Amendments. The Company may at any time and without notice revise the Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. You should also know that the Company continuously revises the Information.
11. Severability. In the event that any one or more of the provisions contained in the Terms and Conditions shall be declared invalid, void or unenforceable, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.
