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SimplySeal User Terms

Acceptance of our User Terms

These User Terms and all policies and additional terms posted on and in our sites, applications, tools and services (“Services”) set out the terms on which SimplySeal LLC (the “Company” or “we” or “us”) offers you access to and use of our Services. All policies and additional terms posted on and in our Services are incorporated into these User Terms and you agree to comply with all terms of this User Agreement when accessing or using our Services, whether as a guest or a registered user.

Please read the User Terms carefully before you start to use the Services. By using the Services or by clicking to accept or by agreeing to the User Terms when this option is made available to you, you accept and agree to be bound and abide by these User Terms and our Privacy Policy, found at simplyseal.com/privacypolicy, incorporated herein by reference. If you do not want to agree to these User Terms or the Privacy Policy, or if you are not able to form legally binding contracts, you must not access or use the Services.

Changes to the User Terms

We may revise and update these User Terms or the Services from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised User Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services.

You are responsible for ensuring that all persons who access the Services through your equipment or internet connection are aware of these User Terms and comply with them.

To access the Services you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current and complete. You agree that all information you provide to register with our Services or otherwise, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these User Terms.

Intellectual Property Rights

The Services and all of their contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These User Terms permit you to use the Services for the following purposes only: (i) making and receiving Bids or (ii) viewing or contribution to our public directory (the “Directory”). You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on our Services without our express written consent.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the User Terms, your right to use the Services will cease immediately. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these User Terms is a breach of these User Terms and may violate copyright, trademark and other laws.

When you provide content using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights you have in any content, except for confidential Bid content, in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against us, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.

Trademarks

The Company name, the terms SimplySeal LLC, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these User Terms. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

  • Fail to pay for purchased Services.
  • Take any action that undermines our Services, feedback, points, or ratings systems.
  • Transfer your user account to someone else outside your organization.
  • Commercialize any of our Services, applications, or software associated with the Services.
  • Use the Services in any manner that could disable, overburden, damage, or impair or interfere with any other party's use of the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these User Terms, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.
  • Bids

Part of our Services allow users to make and receive bids for construction projects “Bids”). All Bids however will be confidential except that the Bids will be unsealed to the company requesting the Bid, and will be unsealed to us for the purposes described in our Privacy Policy, including for the purposes of sharing your information for our own and third party marketing services.

The actual contract for any construction project is directly between the requester of the Bid and the maker of the winning proposal. SimplySeal LLC is not a party to the transaction. SimplySeal LLC has no control over and does not guarantee the accuracy of any information provided by users or that users will actually complete a transaction.

We are not responsible, or liable to any third party, for the content or accuracy of any Bids posted by you or any other user of the Services.

You represent and warrant that you have the legal authority to receive or make the Bids, or provide information to our Directory, on behalf of yourself or a company for which you are an agent or employee and have the right to grant the license granted to us in these User Terms. All of your Bids do and will comply with these User Terms.

Subscription Services

Certain Services are offered by subscription only (“Subscription Services”).

  • Subscription Services automatically renew until cancelled.
  • Cancellation will cease auto-renewal of Subscription Services, but subscription fees are non-refundable except where required by law.
  • The cost, scope, and time period of the Subscription Services are disclosed prior to purchase and confirmed via email following purchase.
  • We transfer your billing information to our payment processor(s) as disclosed in our Privacy Policy.
  • In most cases, free trial access requires you to provide us with a payment method that will be charged for Subscription Services once the trial period expires. If you do not want Subscription Services following the expiration of a trial period, cancel your Subscription Services before your trial period expires.
  • Offers may be subject to additional limitations, which are generally presented to you at the time of offer receipt.

When you sign up for Subscription Services, we grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Subscription Services to the extent permitted by their intended functionality.

You may subscribe to the Subscription Services for a fee (the “Fee”) for the period of time (the “Access Period”) you have elected from the available options (e.g., monthly or annually, if offered). The Fee is exclusive of any applicable federal, state, telecommunications, excise, or municipal taxes or duties, including VAT and GST (collectively, “Applicable Taxes”) unless otherwise specified.

You may access the Subscription Services through a free trial period that permits access to the Subscription Services for the Access Period disclosed with the trial offer. Once the Access Period for the trial expires you will no longer have access to the Subscription Services unless you purchase a subscription. In most cases, you will be required to provide a credit card or other payment method in order to redeem the trial, and in order to ensure uninterrupted access to the Subscription Services after your trial expires. In such an event, your trial will automatically convert into a subscription for the Access Period you've elected, and your payment method will be charged the associated Fee and Applicable Taxes unless you have cancelled before the expiration of your trial Access Period.

Your ability to access and use the Subscription Services commences on the date we make the Subscription Services available to you following your purchase or redemption of the Subscription Services and remittance of the Fee and Applicable Taxes, if any, and continues until the end of the applicable Access Period. We will automatically renew or commence your Subscription Services for a new Access Period by charging the associated Fee plus any Applicable Taxes to the payment method you provided unless you cancel your Subscription Services as provided below.

Unless you affirmatively opt-out of automatic renewal either prior to the expiration of Subscription Services or before the end of the then-current Access Period (as applicable), you hereby authorize us to renew or commence your Subscription automatically at the end of each Access Period or at the expiration of your Subscription Services for a new Access Period.

If you opt-out of automatic renewal, your Subscription Services will expire and your access to the Subscription Services will cease at the end of its specified Access Period. In order to continue to access the Subscription Services after your Access Period has expired, you will need to purchase or redeem a new Subscription Services. You are required to maintain accurate and up-to-date payment information. We assume no responsibility or liability if your Subscription Services fail to renew or otherwise expire because of outdated or incorrect payment information.

You may cancel the renewal of Subscription Services at any time by emailing us or by adjusting your account settings. If you cancel your Subscription Services during your current Access Period, your access to the Subscription Services will continue until the end of your then-current Access Period, at which point it will expire. Purchase and/or redemption of your Subscription Services is final and non-refundable; we will not issue you any refund, including partial, prorated, or otherwise unless required to do so by law.

We are not responsible for unauthorized use or redemption of Subscription Services.

Payment Terms

We may suspend or cancel the Paid Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Subscription Services for non-payment could result in a loss of access to and use of your account and its content. To pay the charges for the Subscription Services, you will be asked by us or by a third party payment processor to provide a payment method at the time you sign up for th Service. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. By providing us or our third party payment processor with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize us or our payment processor to charge you for the Subscription Services using your payment method.

Reward Points

We may offer digital points in exchange for certain content you contribute to our Services. Points do not have a cash value and are not redeemable for cash. Further terms may apply to such reward offers.

Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to the Services that we deem necessary or appropriate in our sole discretion, including if we believe any of your use of our Services violates the User Terms, infringes any intellectual property right or other right of any person or entity or could create liability for the Company.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these User Terms, subject to our cancellation and refund policies.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials, including but not limited to Bids, the Directory, by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Our Privacy Policy

All information we collect in relation to the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Services

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party Services linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.

Geographic Restrictions

We provide the Services for use only by persons located in the United States.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR, IF APPLICABLE, THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICES IN THE LAST 24 MONTHS OUT OF WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these User Terms or your use of the Services.

Release

If you have a dispute with a third party relating to our Services (for example, another user), you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Governing Law and Jurisdiction

All matters relating to the Services and these User Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these User Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these User Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these User Terms or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE USER TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these User Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these User Terms shall not constitute a waiver of such right or provision.

If any provision of these User Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Terms will continue in full force and effect.

Entire Agreement

The User Terms, Privacy Policy, and all policies and additional terms posted on and in our sites, applications, tools and services constitute the sole and entire agreement between you and SimplySeal LLC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

Your Comments and Concerns

The Services are operated by SimplySeal LLC.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: support@simplyseal.com.