TERMS OF USE:
Terms of Use - Simply J.D. & Co. 2004. All Rights Reserved.
Your use of our Internet sites or any of the products or services offered on those sites (collectively, the "Services")
is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice
to you by posting revised Terms on our sites. Your use of our sites constitutes your binding acceptance of these
Terms, including any modifications that we make.
Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those
conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these
Terms and any additional posted conditions, the provisions of the additional conditions shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time
and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Refuse, move or remove any material that you submit to our sites for any reason;
4. Refuse, move, or remove any content that is available on our sites;
5. Deactivate or delete your accounts and all related information and files in your account;
6. Establish general practices and limits concerning use of our sites.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative
messages from us or from our partners and that these communications are considered part of the Services. You will
not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.
Content On Our Sites
Our sites include a combination of content that we create, that our partners create and that our users create.
All materials published on our sites, including, but not limited to, written content, photographs, graphics, images,
illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks
or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce,
create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials
or content or our sites in whole or in part. If you would like to request permission to use any of the content
on our sites, please review our Copyright Notice.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload,
post, email, transmit or otherwise make available on our sites ("Your Content"). You certify that you
own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide,
irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of,
distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent
versions of Your Content for the purposes of (i) displaying Your Content on our sites, (ii) distributing Your Content,
either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing
Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution
and the storage of Your Content in any form, medium, or technology now known or later developed.
Our site contains content that we create as well as content provided by third parties. This content includes, among
other things, product reviews, white papers, and stock quotes. It also includes information about products and
services offered by parties other than Simply J.D. & Co. such as product descriptions, specifications, pricing,
availability and performance. We do not guarantee the accuracy, integrity or quality of the content on our sites
and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in
the user opinion, message board or feedback sections of our sites.
You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear
all risks associated with using that content. We have the right, but not the obligation, to remove any content
that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Third-Party Sites, Products and Services
Our sites contain links to other Internet sites owned by third parties. Your use of each of those sites is subject
to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours
and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third party
content or a link to a third party site is not an endorsement of that content or third party site.
We do not sell, resell or license any 3rd party products or services that are listed or advertise on our sites,
and we disclaim any responsibility for or liability related to them. Your correspondence or related activities
with third parties, including payment transactions and goods delivery transactions, are solely between you and
that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred
as the result of any of your transactions with third parties. Any questions, complaints or claims related to any
product or service should be directed to the appropriate vendor.
Simply J.D. & Co.s' Fee-Based Services
Some of the Services require you to pay a fee, as described in the specific conditions included where those Services
are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references
are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis
for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance
with payment terms in effect at the time the fee or charge becomes payable.
Privacy Policy All of the information that we collect from you, such as registration and credit card information,
is subject to our privacy policy. Please visit our full privacy policy page.
Your Conduct On Our Sites
If we request registration information from you, you will provide us with true, accurate, current and complete
information. You will promptly update your registration to keep it accurate, current and complete. If we issue
you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible
for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized
use of your passwords or accounts or any other breach of security. You also agree to exit from your accounts at
the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply
with these requirements.
The technology and software underlying our sites and the Services is the property of simply J.D. & Co., our
affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse
engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying
our sites or the Services. You agree not to modify the software underlying our sites in any manner or form, or
to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized
access to our sites.
Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
2. Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful content;
3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage
or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications
equipment;
4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent
to do so;
5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain
letters;
6. Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material;
8. Restrict or inhibit any other user from using and enjoying any public area within our sites;
9. Collect or store personal information about other end users;
10. Interfere with or disrupt our sites, servers or networks;
11. Impersonate any person or entity, including, but not limited to, a Simply J.D. & Co. representative, or
falsely state or otherwise misrepresent your affiliation with a person or entity;
12. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted
through our sites, or to manipulate your presence on our sites;
13. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
14. Engage in any illegal activities.
You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication
facilities (collectively, the "Forums"), only to send and receive messages and material that are proper
and related to that particular Forum.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject
us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change
your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.
Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access
our sites by any means other than through the interface that is provided by Simply J.D. & Co. for use in accessing
our sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders,
to access, monitor or copy any part of our sites except those automated means that we have approved in advance
and in writing.
Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our
right to comply with governmental, court and law enforcement requests or requirements relating to your use of our
sites.
Requests To Remove Certain Content From Our Sites
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual
property rights, please review our copyright notice.
Indemnification
You hereby agree to indemnify, defend and hold Simply J.D. & Co., and all of our officers, directors, owners,
employees, agents, information providers, affiliates, partners and licensors (collectively, the "Simply J.D.
& Co. Parties") harmless from and against any and all liability, losses, costs and expenses (including
attorneys' fees) incurred by any Simply J.D. & Co. Party in connection with any claim including, but not limited
to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark
infringement arising out of:
1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, quality or performance of content that you submit to our sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify us and you agree to cooperate with our defense of these claims.
Disclaimers
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information
or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information
or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you
subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages
that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service
providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other
destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable
control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY
AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i)
OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT OR ANY OUR SERVICES,
TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF
OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
Arbitration
Simply J.D. & Co. may elect to resolve any controversy or claim arising out of or relating to these Terms or
our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Washington
State,USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either
you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Washinton State,
USA necessary to protect the rights or property of you or Simply J.D. & Co. (or its agents, suppliers, and
subcontractors) pending the completion of arbitration.
Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent
that such notices will be effective upon our posting them on our sites or delivering them to you through email.
You may update your email address by visiting the Services where you have provided contact information. If you
do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right
to request that we provide such notices to you in paper format, and may do so by contacting Simply J.D. & Co.,
P.O. Box 791, Goldendale, Washinton 98620.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such
right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of our sites or these Terms must be filed within three (3) months after such claim or cause of action
arose or be forever barred.
These Terms, including all terms, conditions and policies that are incorporated into these terms by reference,
constitute the entire agreement between you and Simply J.D. & Co. and govern your use of our sites, superceding
any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of Washington, and the parties irrevocably
consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction
in Washington State, USA if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the Terms shall continue in effect.
