Welcome and thank you very much for being a simplewall user. The simplewall offering (simplewall services), including the website at www.simplewall.com, search engine, simplewall blog and other simplewall services, are governed by the terms and conditions of use (Terms) as described below. Please read these Terms very carefully. By using the simplewall Services you agree to be bound by these Terms. If you do not agree with any or all of the Terms below, then you may not use the simplewall Services.
Content Linked by simplewall
simplewall provides savings advice content to consumers for assisting with their buying decisions for products and services. simplewall cannot be held responsible for these search results and the content of these third party websites. simplewall does not have any control over the content of these third party websites and cannot guarantee that these websites will not have any content that may be inappropriate and assumes no responsibility whatsoever for the content on the third party websites.
Personal Use Only
simplewall services are made available to you for personal, non-commercial use only. You may not reproduce, duplicate, copy, sell, resell or use simplewall Service for any commercial purposes. For example, you may not use the simplewall Services to sell or advertise a product or service or to increase traffic to your website for commercial reasons. You may not take the Search Results and reformat and display them, or mirror the homepage or Search Results on your website.
Use of simplewall services
simplewall has no actual control over your use of information outside the system. You shall not use the system or information made available through the system for any purposes or in any manner that is illegal or improper, including, without limitation, the following (especially applied when using simplewall Services to find specific contacts):
No Automated Querying (Scraping)
You are not allowed to send automated queries of any sort to simplewall Services or to simplewall's computer systems without our prior written permission. "Sending automated queries" includes without limitation:
(a) using any software that sends various queries to the simplewall Services to determine how a website or webpage "ranks" in the Search Results for various queries;
(b) "meta-searching" the simplewall Services;
(c) performing "offline" searches on the simplewall Services; or
(d) using any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automatic device) to access the simplewall Services or monitor or copy the simplewall Services or any Search Results.
Update & Modification
We reserve the right, at any time, to modify the simplewall Services or these Terms or to modify, suspend, or discontinue the simplewall Services or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification of the simplewall Services or these Terms or modification, suspension, or discontinuance of the simplewall Services.
Disclaimer of Warranties
THE simplewall SERVICES, AND ALL INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN THE simplewall SERVICES ARE PROVIDED "AS IS." simplewall EXPRESSLY DISCLAIMS 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, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. simplewall DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE simplewall SERVICES. simplewall DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE simplewall SERVICES. simplewall DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE simplewall SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE simplewall SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE simplewall SERVICES
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL simplewall OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE simplewall SERVICES INCLUDING WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT simplewall HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, ON ANY THRORY OF LIABILITY.
THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER YOUR DAMAGES ARISE FROM (A) YOUR MISUSE, RELIANCE ON, OR INABILITY TO USE THE simplewall SERVICES; (B) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE simplewall SERVICES; (C) GOODS, SERVICES, INFORMATION, ADVICE, OR MATERIAL DOWNLOADED, ACCESSED, RECEIVED, OR OBTAINED THROUGH THE simplewall SERVICES; OR (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE simplewall SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE simplewall SERVICES. simplewall'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE simplewall SERVICES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). MULITPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. simplewall'S LICENSORS WILL HAVE NO LIABILITY TO YOU. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to defend, indemnify, and hold harmless simplewall, its officers, directors, agents, and employees, from any and all damages, costs, claims, losses, expenses, or liabilities arising from or related to (a) any actual or alleged violation by you of these Terms; (b) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful programming routines input by you into the simplewall Services; or (c) your violation of any rights of any other person or entity.
We may choose to discontinue your use of simplewall Services at any time without prior notice or any reason, solely within our own discretion without any limitation, if we determine that you have violated any of the Terms. You may discontinue your use of the simplewall Services at any time.
Any claim, dispute, or controversy arising out of these Terms, the simplewall Services, or the Search Results ("Claims") shall be resolved by final and binding arbitration before a single arbitrator ("Arbitrator") selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in Santa Clara County, California. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney's fees, costs, and disbursements arising out of the arbitration. Either you or simplewall may seek interim or preliminary injunctive relief from a court of competent jurisdiction in Santa Clara County, California as necessary to protect the rights or property of you or simplewall pending the completion of any arbitration proceeding.
The Terms constitute the entire and exclusive and final statement of the agreement between you and simplewall with respect to the subject matter hereof, and govern your use of the simplewall Services, superseding any prior agreements or negotiations between you and simplewall with respect to the subject matter hereof. The Terms and the relationship between you and simplewall shall be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.