Terms of Use
IntroductionThese terms of use ("Terms") govern your use of this website and SimplePort, an online application allowing users to manage on-line merchant service data integration to desktop accounting applications. As used in these Terms, the term "SimplePort" will also refer to its underlying technology platform.
These Terms are not intended to answer every question or address every issue raised by the use of SimplePort, and Simple Business Systems, Inc. (“Owner”) reserves the right to modify them at any time, effective upon the posting of modified Terms. We believe SimplePort will evolve over time in ways we cannot predict. You are encouraged to review these Terms from time to time to keep apprised of any changes, and you agree to abide by these Terms as they may be modified. Any violation of these Terms may result in the suspension or termination of your ability to use SimplePort or other Simple Business Systems' products.
We urge you to read these Terms in their entirety to gain a more complete understanding of the details of the use policies, limitations and risks.
Use of Applications
Your use of SimplePort will be governed by license terms you must check-accept. Please read the license terms carefully before accepting. Questions about the license should be addressed to Simple Business Systems directly.
** Please note that Simple Business Systems is not responsible for your data or for modifications or deletions of your data during use of SimplePort. If you have questions or concerns about the processing or handling of your data by SimplePort, please contact Simple Business Systems directly via the “Contacts” page.
Trademarks
Enforcement
Simple Business Systems generally does not pre-screen, verify, edit or moderate users of SimplePort but may do so from time to time in its sole discretion. Simple Business Systems and its agents reserve the right to investigate any violation of these Terms and to take appropriate remedial action. Simple Business Systems has absolute discretion to enforce these Terms, including, but not limited to, warning users of violations, disabling or suspending privileges and/or access, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms, or which is otherwise inappropriate, harmful, objectionable or inaccurate.
Simple Business Systems may release information concerning your use of SimplePort (including registration information and network records) when it believes release is appropriate to comply with the law (e.g., pursuant to a subpoena, warrant or court order); to enforce or apply these Terms; to protect Simple Business Systems' rights or property; to protect against fraudulent, abusive or unlawful use of SimplePort; or if Simple Business Systems reasonably believes that a situation involving imminent danger of death or serious bodily injury to any person requires disclosure.
Deliberate attempts by you or someone on your behalf to evade or circumvent the suspension or termination of your rights to use SimplePort violates these Terms, constitutes an unlawful trespass to Simple Business Systems' equipment and systems, and may result in legal action.
To report violations of these Terms, please email service@simpleport.com with appropriate details, including your contact information.
Disclaimer of Warranties; Limitation of Liability
You agree to indemnify and hold Simple Business Systems and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys fees, made by any third party arising out of your use of SimplePort, your violation of these Terms, or your violation of any rights of a third party, including but not limited to governmental entities.
THIS APPLICATION IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree that you bear all risks associated with using or relying upon SimplePort. Simple Business Systems does not in any way warrant the accuracy, reliability, completeness, usefulness, non-infringement, or quality of SimplePort, regardless of who originated THE content OR APPLICATION (including Simple Business Systems employees, partners, affiliates or moderators), and hereby disclaims all express and implied warranties, including any implied warranties of merchantability or fitness for a particular purpose, relating to such applications or content. Simple Business Systems shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any applications or content on SimplePort.
General
These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Simple Business Systems. There are no third-party beneficiaries to these Terms. You may not assign your rights or obligations under these Terms, whether by operation of law or otherwise, without Simple Business Systems' prior written consent. These Terms will be governed exclusively by the internal laws of the State of California. The courts located in Santa Cruz County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these Terms. You and Simple Business Systems both consent to the exclusive jurisdiction of such courts. These Terms constitute the entire agreement between you and Simple Business Systems, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.
Questions and Comments
If you have questions or comments about these Terms or SimplePort in general, please refer to the FAQ or contact Simple Business Systems via the "Contact" link on the home page.
Copyright 2006 Simple Business Systems, Inc. All rights reserved. Effective July 2007.
Other Products Trademark/Servicemark Information
QuickBooks® is a registered trademark or registered service mark of Intuit, Inc., or one of it’s subsidiaries, in the United States and other countries.
PayPal® is a registered trademark or registered service mark of eBay, Inc., or one of it’s subsidiaries, in the United States and other countries.
Product names mentioned in this catalog may be trademarks/service marks or registered trademarks/service marks of their respective companies and are hereby acknowledged. All product names that are known to be trademarks or service marks have been appropriately capitalized. Use of a name in this site is for identification purposes only, and should not be regarded as affecting the validity of any trademark or service mark, or as suggesting and affiliation between Simple Business Systems, Inc. and the trademark/service mark proprietor.
