Terms and Conditions
Laws and Regulations
Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.
Your Representations and Warranties
By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal ability and right to enter into this agreement. You accept responsibility, financial and otherwise, for your use of the Site and uses of others on your behalf or with your consent. You represent that you will not allow any person to access your account through this Site unless such person is a member of your household or a person you directly supervise as part of your employment. You represent and warrant that you will not use this Site for any unlawful purpose or in violation of this agreement or access any information protected by log-in for any account other than your own without authorization from the owner of such account.
You represent and warrant that any information and/or material you post or provide to SIMPLY SELECT by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith. You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of the Site.
As a condition of using this Site, you agree to indemnify, defend and hold harmless SIMPLY SELECT and its subsidiaries, affiliates, officers, directors, attorneys and agents, from and against any liabilities, expenses (including attorneys’ fees), and damages arising out of claims brought by you or a third party resulting from your use of the Site including, without limitation, any claims alleging your breach of this agreement, including infringement by you of any intellectual property rights of any person or entity.
Copyright and Trademarks
The trademarks, service marks and logos (“Marks”) displayed on the Site are the property of SIMPLY SELECT and other parties as indicated. You may not use any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of SIMPLY SELECT or such third party that may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright or other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or use any Content available on or through the Site for commercial or public purposes.
This Site may provide a link to other sites by allowing you to leave this Site to access third-party material or by bringing the third-party material into this Site (a “linked site”). SIMPLY SELECT has no discretion to alter, update, or control the content on a linked site. The fact that SIMPLY SELECT has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers or any content of such site. You should also be aware that the linked sites may contain different terms and conditions, privacy provisions, confidentiality provisions and other provisions. SIMPLY SELECT is not responsible for such provisions and expressly disclaims all liability related to them.
All content, products, and services on the site, or obtained from a linked site are provided to you “as is” and SIMPLY SELECT expressly disclaims any warranty of any kind or condition either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy and those arising by statute or otherwise. SIMPLY SELECT does not warrant that any part of the Site, or any linked site, will operate uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the Site will be uninterrupted or error-free.
SIMPLY SELECT does not endorse and is not responsible for the accuracy, completeness or reliability of the content, data, or any opinion, advice or statement made through the Site, any content provided on linked sites or the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection laws, SIMPLY SELECT will not be liable, under any circumstances, for any loss or damage caused by your reliance on information obtained through the site or a linked site, or your reliance on any product or service obtained from a linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, to evaluate any specific opinion, advice, product, service, or other content.
Limitation of Liability for Use of the Site and Linked Sites
The information, software, products and descriptions of services published on the Site or a linked site may include inaccuracies or typographical errors. SIMPLY SELECT specifically disclaims any liability for such inaccuracies or errors. SIMPLY SELECT does not warrant or represent that the content on the site is complete or up-to-date and is under no obligation to update any content.
You agree that SIMPLY SELECT, its affiliates and any of their respective officers, directors, employees, or agents will not be liable under any circumstance, including in the instance of SIMPLY SELECT’s negligence, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, special, consequential, exemplary or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or a linked site, or with the delay or inability to use the Site or a linked site, even if SIMPLY SELECT is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses that may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnection problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.
Confidentiality of User Communications
Linked Internet Sites
SIMPLY SELECT prohibits unauthorized hypertext links to the Site and the framing of any content available through the Site for any purpose. SIMPLY SELECT reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. SIMPLY SELECT reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
Transmission of Personal Data
You acknowledge and agree that by providing SIMPLY SELECT with any personal or proprietary user information through the Site, you consent to the transmission of such personal or proprietary user information (including over international borders if applicable) as necessary for processing in accordance with SIMPLY SELECT’s standard business practices. You should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. SIMPLY SELECT is not responsible for such provisions, and expressly disclaims any and all liability related to them.
Violation of Rules and Regulations
Jurisdiction and Governing Law
The laws of the State of New York govern your use of the Site, the services and these Terms. You agree to submit to the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles. You also agree to the exclusive personal jurisdiction of the state and federal courts in New York County, New York and waive any objections to venue due to inconvenient forum or on any other basis.
This agreement constitutes the entire agreement governing your access to and use of the Site. Any failure on SIMPLY SELECT’s part to assert any rights it may have hereunder shall not constitute a waiver of our right to assert or enforce any of our rights. If any provision of this agreement is deemed unenforceable or invalid, then such provision shall be stricken from this agreement without affecting the validity or enforceability of the remaining provisions.
You agree that the Terms, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized.
Any user of this Site shall not solicit, divert, take away or attempt to solicit, divert or take away from, any of the business, customers, employees, agents or patronage of SIMPLY SELECT.