ActuallySimple.com: Let Technology be your Ally.

Terms Of Service

  1. Your relationship with ActuallySimple.com:
    • Unless otherwise agreed in writing with ActuallySimple.com, your agreement with ActuallySimple.com will always include, at a minimum, the terms and conditions set out in this document.
    • If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
  2. Accepting Terms:
    • In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. By using this website, you accept the terms of this agreement.
    • You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ActuallySimple.com, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
  3. Provision Of Services by ActuallySimple.com
    • You acknowledge and agree to the fact that ActuallySimple.com will be modifying and updating services as time goes on.
    • You acknowledge and agree that ActuallySimple.com can at anytime disable your account with this website or services.
    • You acknowledge and agree that ActuallySimple.com can stop providing any of its services that are currently being offered at any time.
  4. Use of the services by you:
    • In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to ActuallySimple.com will always be accurate, correct and up to date.
    • You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
    • You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by ActuallySimple.com, unless you have been specifically allowed to do so in a separate agreement with ActuallySimple.com. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
    • You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    • Unless you have been specifically permitted to do so in a separate agreement with ActuallySimple.com, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
    • You agree that you are solely responsible for (and that ActuallySimple.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which ActuallySimple.com may suffer) of any such breach.
  5. Your account:
    • You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
    • Accordingly, you agree that you will be solely responsible to ActuallySimple.com for all activities that occur under your account.
    • If you become aware of any unauthorized use of your password or of your account, you agree to notify ActuallySimple.com immediately.
  6. Personal Information:
    • You agree to the use of your data in accordance with ActuallySimple.com privacy policies.
  7. Content and services:
    • You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole property of ActuallySimple.com or the linked provider of said conten.
    • You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. This includes advertisements shown on the website.
  8. Proprietary rights:
    • You acknowledge and agree that ActuallySimple.com (or ActuallySimple.com’s affiliates) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by ActuallySimple.com and that you shall not disclose such information without ActuallySimple.com’s prior written consent.
    • Unless you have agreed otherwise in writing with ActuallySimple.com, nothing in the Terms gives you a right to use any of ActuallySimple.com’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
    • ActuallySimple.com has no responsibility to protect the copyright of any content you submit to our website. You are solely responsible for your copyrights.
    • You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
    • You accept and agree not to copy, mirror, or distribute content from ActuallySimple.com without written consent. The only exception to this rule is for Internet search indexing services such as Google, Yahoo, and Bing search engine bots. The search engine must not provide complete copies of articles on its service.
  9. License from ActuallySimple.com:
    • You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ActuallySimple.com, in writing.
    • Unless ActuallySimple.com has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
  10. Content licence from you:
    • You understand that ActuallySimple.com, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit ActuallySimple.com to take these actions.
  11. EXCLUSION OF WARRANTIES:
    • NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ACTUALLYSIMPLE.COM’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    • YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YOU ACCEPT THAT UNDER NO CIRCUMSTANCES SHALL A WARRANTY BE PROVIDED FOR SERVICES OF THIS WEBSITE OR AFFILIATES. THIS INCLUDES ANY AND ALL REASONS FOR EXAMPLE: MEETING REQUIREMENTS, UNINTERRUPTED ACCESS, TIMELY ACCESS, SECURE ACCESS, THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS WEBSITE OR AFFILIATE WEBSITES, AND DEFECTS.
    • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACTUALLYSIMPLE.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
    • ACTUALLYSIMPLE.COM FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  12. LIMITATION OF LIABILITY:
    • SUBJECT TO OVERALL PROVISION IN PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACTUALLYSIMPLE.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
    • ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
    • ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
    • ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
    • ANY CHANGES WHICH ACTUALLYSIMPLE.COM MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
    • THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
    • YOUR FAILURE TO PROVIDE ACTUALLYSIMPLE.COM WITH ACCURATE ACCOUNT INFORMATION;
    • YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
    • THE LIMITATIONS ON ACTUALLYSIMPLE.COM’S LIABILITY TO YOU IN PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT ACTUALLYSIMPLE.COM HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
  13. Advertisements:
    • Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
    • The manner, mode and extent of advertising by ActuallySimple.com on the Services are subject to change without specific notice to you.
    • In consideration for ActuallySimple.com granting you access to and use of the Services, you agree that ActuallySimple.com may place such advertising on the Services.
  14. Other content:
    • The Services may include hyperlinks to other web sites or content or resources. ActuallySimple.com may have no control over any web sites or resources which are provided by companies or persons other than ActuallySimple.com.
    • You acknowledge and agree that ActuallySimple.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    • You acknowledge and agree that ActuallySimple.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
  15. Changes to the Terms:
    • ActuallySimple.com may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, ActuallySimple.com will make a new copy of the Universal Terms available
    • You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, accessing ActuallySimple.com will treat your use as acceptance of the updated Universal Terms or Additional Terms.
  16. General legal terms:
  17. The Terms, and your relationship with ActuallySimple.com under the Terms, shall be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. You and ActuallySimple.com agree to submit to the exclusive jurisdiction of the courts located within the county of Winnebago, Illinois to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that ActuallySimple.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
  18. ou acknowledge and agree that each member of the group of companies of which ActuallySimple.com is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
  19. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
  20. You agree that if ActuallySimple.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ActuallySimple.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of ActuallySimple.com’s rights and that those rights or remedies will still be available to ActuallySimple.com.
  21. You agree that ActuallySimple.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
  22. The Terms constitute the whole legal agreement between you and ActuallySimple.com and govern your use of the Services (but excluding any services which ActuallySimple.com may provide to you under a separate written agreement), and completely replace any prior agreements between you and ActuallySimple.com in relation to the Services.

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