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Welcome
to our site. We
maintain this web site as a service to our customers.
By using our site, you are agreeing to comply with and be
bound by the following terms of use.
Please review the following terms carefully.
If you do not agree to these terms, you should not review
information or obtain goods or products from this site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this
Terms of Use Agreement (“Agreement”) with respect to our
site (the “Site”). This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this
Agreement. This
Agreement may be amended at any time by us from time to time
without specific notice to you.
The latest Agreement will be posted on the Site, and you
should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to
intellectual property) rights.
The copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as allowed by
Section 4, is strictly prohibited.
You do not acquire ownership rights to any content,
document or other materials viewed through the Site.
The posting of information or materials on the Site does
not constitute a waiver of any right in such information and
materials.
3. Trademarks.
SimplyCentral and others are either trademarks or registered
trademarks of SimplyCentral, Inc.
Other product and company names mentioned on the Site may
be trademarks of their respective owners.
4. Limited Right to Use.
The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a
limited, nonexclusive license for use solely by you for your own
personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or
other use. No part
of any content, form or document may be reproduced in any form
or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but
not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the
Site.
6. Indemnification.
You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss,
claim and expense, including reasonable attorney’s fees,
related to your violation of this Agreement or use of the Site.
7. Nontransferable.
Your right to use the Site is not transferable.
Any password or right given to you to obtain information
or documents is not transferable.
8. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
“AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED
WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
All
responsibility or liability for any damages caused by viruses
contained within the electronic file containing the form or
document is disclaimed. WE WILL NOT
BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. OUR
MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL
TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR
INFORMATION.
9. Use of Information.
We reserve the right, and you authorize us, to the use
and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with
our Privacy Policy.
10. Third-Party Services.
We allow access to or advertise third-party merchant
sites (“Merchants”) from which you may purchase certain
goods or services. You
understand that we do not operate or control the products or
services offered by Merchants.
Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into
between you and Merchants.
You agree that use of such Merchants is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED
OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES
ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR
ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
11. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while on
such sites. We are
not responsible for information provided by you to Merchants.
We and the Merchants are independent contractors and
neither party has authority to make any representations or
commitments on behalf of the other.
12. Privacy Policy.
Our Privacy Policy, as it may change from time to time,
is a part of this Agreement.
13. Payments.
You represent and warrant that if you are purchasing
something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges
incurred by you will be honored by your credit card company, and
(iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
14. Securities Laws.
This Site may include statements concerning our
operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as
well as our intentions, plans and objectives, that are
forward-looking statements.
These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site, words like “anticipates,”
“expects,” “believes,” “estimates,” “seeks,”
“plans,” “intends” and similar expressions are intended
to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of
any securities. None
of the information contained herein is intended to be, and shall
not be deemed to be, incorporated into any of our
securities-related filings or documents.
15. Links to other Web Sites.
The Site contains links to other Web sites.
We are not responsible for the content, accuracy or
opinions express in such Web sites, and such Web sites are not
investigated, monitored or checked for accuracy or completeness
by us. Inclusion of
any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us.
If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
17. Information and Press Releases.
The Site contains information and press releases about
us. While this
information was believed to be accurate as of the date prepared,
we disclaim any duty or obligation to update this information or
any press releases. Information
about companies other than ours contained in the press release
or otherwise, should not be relied upon as being provided or
endorsed by us.
18. Miscellaneous.
This Agreement shall be treated as though it were
executed and performed in the Commonwealth of Virginia and shall
be governed by and construed in accordance with the laws of the
Commonwealth of Virginia (without regard to conflict of law
principles). Any
cause of action by you with respect to the Site (and/or any
information, products or services related thereto) must be
instituted within one (1) year after the cause of action arose
or be forever waived and barred.
All actions shall be subject to the limitations set forth
in Section 8 and Section 10.
The language in this Agreement shall be interpreted as to
its fair meaning and not strictly for or against either party.
All legal proceedings arising out of or in connection
with this Agreement shall be brought solely in Richmond,
Virginia. You
expressly submit to the exclusive jurisdiction of said courts
and consents to extra-territorial service of process.
Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Our
failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce
such provision.

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