SimplifyThis Terms of Service
Last Update: May 16, 2007
Welcome to SimplifyThis.com invoicing service! This and the other services (collectively referred as "Service") at simplifythis.com are provided by SimplifyThis LLC. By registering for and by using any of the services provided at SimplifyThis.com, you are agreeing to be bound by the following Terms of Service (collectively referred as "Agreement"). You are also agreeing that this Agreement is enforceable as if it was a written agreement between SimplifyThis LLC and you. If you do not accept and abide by this Agreement, you may not use SimplifyThis.com services. SimplifyThis LLC reserves the right to terminate your account without notice upon violation of any part of the Terms of Service.
Changes to the Agreement:
SimplifyThis LLC may, in its sole discretion, modify or revise this Agreement at any time without notice to you, and you agree to be bound by such modifications or revisions.
Any modification to the services, addition or enhancements of features shall be subject to this Agreement.
It is your responsibility to visit this page periodically to review this Agreement. You can view the most recent version of this Agreement at http://www.simplifythis.com/tos.html.
Description of Service:
EasyBook and EasyBill (the Services) are appointment scheduling and invoicing application from SimplifyThis LLC.
You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. SimplifyThis LLC disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service.
SimplifyThis LLC reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to signup for and to use this Service.
You must provide your full legal name, a valid email address, accurate identification, contact, and other information that may be required as a part of the signup/registration process and/or continued use of the Service. You represent and warrant that (a) all of the information provided by you to SimplifyThis LLC to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. You must keep this information up to date.
Only humans can signup for and use the Service. Bots, programs, or scripts may not register or operate the Service.
SimplifyThis LLC reserves the right to refuse service to anyone at any time without notice for any reason.
You may not share your login information.
You are responsible for maintaining the privacy and security of your account, and are responsible for all activities that occur thereunder. SimplifyThis LLC will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
You also agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to (i) use the Service to distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as is reasonably determined by SimplifyThis LLC; (ii) upload, transmit, or otherwise distribute content that infringes upon another party抯 intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Agreement, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. SimplifyThis LLC reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Your use of the service is subject to your acceptance of and compliance with the Agreement, including the SimplifyThis privacy policies located at http://www.simplifythis.com/privacy.html.
SimplifyThis LLC provides the Service "as-is?" with all faults? and "as available? with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You understand that SimplifyThis LLC uses third party companies and hosting providers to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
SimplifyThis LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service with or without notice.
You assume total responsibility and risk for your use of the Service. You also acknowledge that SimplifyThis LLC makes no warranties regarding (i) availability of Service, (ii) your ability to access and use the Service, (iii) the accuracy of calculations performed by the Service, and (iv) your satisfaction with the Service.
The failure of SimplifyThis LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and SimplifyThis LLC and govern your use of the Service, superseding any prior agreements between you and SimplifyThis LLC (including, but not limited to, any prior versions of the Terms of Service).
You acknowledge that SimplifyThis LLC, its officers, agents, and employees are neither responsible nor liable for any direct, indirect, incidental, consequential, punitive, exemplary, special or other damages arising out of or relating in any way to your use of the Service.
You agree to hold harmless and indemnify SimplifyThis LLC and its officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws and provisions of your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in King County, Washington, and you consent to the jurisdiction of such courts.
Questions about this Agreement should be sent to firstname.lastname@example.org.
Intellectual Property Rights:
You acknowledge that SimplifyThis LLC or is suppliers own all rights including without limitation all intellectual property rights, the name of the service, artwork, user interface contained within the service, and all related documentation, and such rights are protected by U.S. and international intellectual property laws.
You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
SimplifyThis LLC does not claim any intellectual property rights over the content or artwork that you upload or provide to the Service. SimplifyThis LLC will not use any of the content, including any text, data, information, artwork, images or other material that you provide or upload for any purpose except to provide you with the Service. You acknowledge that other third parties may view and share your content.
Modifications to the Service and Prices
Prices of all services, including but not limited to monthly subscription plan fees for the Service, are subject to change with or without any notice. In case of a notice, such notice may be provided at any time by posting the changes to the SimplifyThis.com Site (www.SimplifyThis.com) or within the Service itself.
SimplifyThis LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Payment, Refunds, Upgrade, and Downgrade
A valid credit card is required for all paying accounts. If you signup for a free account, your are not required to provide a credit card number.
You will require a valid credit card to change from a free account to a paying account. You will be charged immediately upon converting from a free account to a paying account.
If you sign up for a paying account, and you do not cancel that account within 30 days of signup, you will be charged monthly starting on the day of month after which your account was initially created. If you cancel prior to the processing of your first payment, you will not be charged.
The Service is billed in advance on a monthly billing cycle.
Once the charge for a month is billed, it is non-refundable. There will be no refunds or credits for partial months of service of for change to a lower price service.
For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate on your next billing cycle.
If the payment processing fails, you will not be able to use your service.
Cancellation and Termination
You can cancel your account at any time.
You are solely responsible for properly canceling your account. If you want to cancel your account, you will need to do so from within your account itself. SimplifyThis will not cancel any account on email or phone requests.
Once you cancel your account, you will not be able to access it again. All your content and data may be immediately deleted upon cancellation. Your content and data cannot be recovered once your account is cancelled.
If you cancel your service after the start of a billing cycle, you will not be given any refund for that billing cycle. However, you will not be charged from the next billing cycle onwards.
SimplifyThis LLC may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any content contained in your account although residual copies of information may remain in SimplifyThis LLC systems.
If you have a free account, and you do not log-in and use your account for more than a month, SimplifyThis LLC may deactivate or terminate your account. Upon termination or deactivation of your account, SimplifyThis LLC may choose to delete all the content of your account upon deactivation or termination of your account.
Your personal information and other information that you provide or upload during the use of service may be stored and processed in the United States or any other country in which SimplifyThis LLC or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. You also acknowledge that the use of Service may transmit your content and information about you, and that during transmission, all your content may be transmitted unencrypted over the internet.