Terms of Service

 

The following terms and conditions govern all use of the symplyFi.net website and all content, services and products available at or through the web properties (taken together, symplyfi.net). symplyfi.net is owned and operated by SymplyFi. Symplyfi.net is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SymplyFi’s Privacy Policy) and procedures that may be published from time to time on this Site by SymplyFi (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using symplyfi.net. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access symplyfi.net or use any services. If these terms and conditions are considered an offer by SymplyFi, acceptance is expressly limited to these terms. symplyfi.net is available only to individuals who are at least 18 years old.

 

SUPPORT

 

If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by SymplyFi to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free symplyfi.net services. All support will be provided in accordance with SymplyFi standard services practices, procedures and policies.

 

RESPONSIBILITY OF SymplyFi.net VISITORS

 

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SymplyFi disclaims any responsibility for any harm resulting from the use by visitors of the symplyfi.net, or from any downloading by those visitors of content there posted.

 

CONTENT POSTED ON OTHER WEBSITES

 

We have not reviewed, and cannot review, all of the material, including computer software, made available through symplyfi.net and webpages to which they link, and that link to symplyfi.net. SymplyFi does not have any control over those non-symplyfi.net websites and webpages, and is not responsible for their contents or their use. By linking to a non- SymplyFi website or webpage, SymplyFi does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SymplyFi disclaims any responsibility for any harm resulting from your use of non- SymplyFi websites and webpages.

 

COPYRIGHT INFRINGEMENT AND DMCA POLICY

 

As SymplyFi asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by symplyfi.net violates your copyright, you are encouraged to notify SymplyFi in accordance with SymplyFi’s Digital Millennium Copyright Act (“DMCA”) Policy. SymplyFi will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SymplyFi will terminate a visitor’s access to and use of symplyfi.net if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SymplyFi or others. In the case of such termination SymplyFi will have no obligation to provide a refund of any amounts previously paid to SymplyFi.

 

INTELLECTUAL PROPERTY

 

This Agreement does not transfer from SymplyFi to you any SymplyFi or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with symplyfi.net and logos, and all other trademarks, service marks, graphics and logos used in connection with symplyfi.net are trademarks or registered trademarks of SymplyFi or SymplyFi’s licensors. Other trademarks, service marks, graphics and logos used in connection with of symplyfi.net may be the trademarks of other third parties. Your use of symplyfi.net grant you no right or license to reproduce or otherwise use any SymplyFi or third-party trademarks.

 

CHANGES

 

SymplyFi reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to of symplyfi.net following the posting of any changes to this Agreement constitutes acceptance of those changes. SymplyFi may also, in the future, offer new services and/or features through of symplyfi.net (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

 

TERMINATION

 

SymplyFi may terminate your access to all or any part of symplyfi.net at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your symplyfi.net account (if you have one), you may simply discontinue using symplyfi.net. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by SymplyFi if you materially breach this Agreement and fail to cure such breach within thirty (30) days from SymplyFi’s notice to you thereof; provided that, SymplyFi can terminate symplyfi.net immediately as part of a general shut down of our service(s). All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

DISCLAIMER OF WARRANTIES

 

symplyfi.net are provided “as is”. SymplyFi and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SymplyFi nor its suppliers and licensors, makes any warranty that of symplyfi.net will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, of symplyfi.net at your own discretion and risk.

 

LIMITATION OF LIABILITY

 

In no event will SymplyFi, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SymplyFi under this agreement during the twelve (12) month period prior to the cause of action SymplyFi shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

GENERAL REPRESENTATION AND WARRANTY

 

You represent and warrant that (i) your use of symplyfi.net will be in strict accordance with the SymplyFi Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of symplyfi.net will not infringe or misappropriate the intellectual property rights of any third party.

 

INDEMNIFICATION

 

You agree to indemnify and hold harmless SymplyFi, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of symplyfi.net, including but not limited to your violation of this Agreement.

 

MISCELLANEOUS

 

This Agreement constitutes the entire agreement between SymplyFi and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive SymplyFi, or by the posting by SymplyFi of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of symplyfi.net will be governed by the laws of the State of Georgia, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Atlanta, Georgia, United States. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the State of Georgia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SymplyFi may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.