Terms and conditions
ONLINE TERMS AND CONDITIONS FOR USE
BY CLICKING ON “I AGREE” BELOW AND/OR BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to all of the Terms, you are not authorized to access or otherwise use this Web site (the “Site”).
1. Site Overview.
This Site is available only to users that have a registered user name and PIN and are authorized by a customer (the “Customer”) licensed by SimpleC, LLC (“we,” “us,” “our,” or “ours”) to use the SimpleC System software application (the “Application”) on this device. If you (“you,” your,” or “yours”) do not have a valid registered user name and PIN, you are not authorized to use or access this Site.
You are an individual who has, or a caregiver or family member who serves and cares for an individual with, functional or cognitive needs living at home (each, a “Care Recipient”) and wish to employ the SimpleC System to augment such care. Through this Site you are able to access managed online information, communication, and media services that employ a suite of software programs and equipment to deliver media-based video and audio therapies to a Care Recipient (the “SimpleC System”). (Each Care Recipient, individual caregiver, and any member of such Care Recipient’s family who is afforded access to the SimpleC System is referred to in this Terms as an “End-User.”)
Due to differences in individuals, the SimpleC System employs an iterative systematic approach that incorporates best practices of non-drug interventions through technology, education, and evaluation. You understand and acknowledge that the results and effectiveness of the SimpleC System will vary by individual user, both initially and over time, and are based in part by the level of cooperation from the caregiver and the End-User, including assisting in personalizing the media and developing personalized therapies.
2. Registration and Password for End-Users.
When you registered with us as an End-User, you were issued a unique user name and password. In order to access and use this Site, you must provide your current user name and password.
You will take any and all actions necessary to maintain the privacy of your user name and password, including safeguarding your user name and password in a private and secure place and adopting special precautions when accessing the Site from the particular device on which the Application has been downloaded. If you have reason to believe that a third party has access to your account, you should immediately choose a new password by following the above procedures and notify the Customer.
3. Laws and Regulations.
Access to and use of this Site (including the SimpleC System) is subject to all applicable international, federal, state, and local laws and regulations. You will abide by these laws and not use the Site in any way that violates such laws or regulations.
4. Customer Content Ownership, Use, and Security.
You will be responsible for obtaining all required rights and licenses to use and display all content and information that you provide us in connection with this EULA and that we maintain for use in the SimpleC System, including personal Care Recipient or family information, media content (e.g. photographs and music), and other relevant data (but excluding media and content we provide) (“Data”). All Data is and will remain your sole property, and we will safeguard it against loss, disclosure, unauthorized access, or alteration under best practice security procedures. You authorize us to have access to and use, edit, modify, adapt, translate, exhibit, publish, reproduce, copy (including back-up copies) and display the Data as reasonably necessary for us to deliver services through the SimpleC System. We will use reasonable care to ensure that we only duplicate or disclose to others the Data you provide us as intended, and we will not disclose it to others, in whole or in part, without your written consent. Notwithstanding the foregoing, we may use de-identified information for research and demonstration purposes, as long as it does not identify any particular individual.
We will provide you with access to and a copy of Data from time to time, as you may request, and we will return Data to you or other person you designate, whenever requested.
We will (i) immediately notify you and the Customer of any security breach as to the SimpleC System; (ii) use commercially reasonable efforts to remedy any security breach as soon as possible; and (iii) take any necessary measures to protect Data on the SimpleC System during a security breach. We reserve the right to perform activities to audit, test, and investigate the security of the SimpleC System in an effort to ensure that security protections are maintained and that you do not bypass or allow others to bypass our security controls.
5. Rights to Use Application.
The Application is our sole and exclusive property or our licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use the Application on or through this Site for any purpose other than as described in Section 1. The right to use the Site (including the Application) is personal to you and is not transferable by you by assignment, sublicense, or any other method to any other individual or entity. Any attempt by you to transfer your rights will be void and will constitute a breach of these Terms.
You may not use the trademarks, logos, or service marks found on the Site for any purpose, including use as “hot links” or meta tags in other pages or sites on the World Wide Web, without our written permission.
7. Your Representations.
You represent, warrant and covenant to us that (a) you are authorized to access and use the Site; (b) you will not upload, transmit, distribute, or otherwise publish through the Site any materials that contain a virus, worm, or other harmful component or that would cause the Site to malfunction; and (c) you will not decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the Application or other copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
8. No Warranties.
We have made certain warranties to the Customer regarding the Application in our End-User License Agreement with the Customer. Except as set forth in that agreement, we disclaim all warranties, express or implied, including implied warranties of merchantability, accuracy, and fitness for a particular purpose as to the SimpleC System, the Application, or related services. In addition, we do not warrant that the SimpleC System, the Application, or any related services will have any particular therapeutic or other result, meet all of your needs or any particular need of any End-User, or that the use of the SimpleC System will be uninterrupted or error-free. Some jurisdictions do not allow limitations on implied warranties, so some of the above limitations and exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
9. LIMITATION OF LIABILITY.
To the extent permitted by law, under no circumstances will our liability for damages, whether under statute, in contract (under these Terms or otherwise), tort, or other form of action, whether to you, Customer, or other End-User, exceed in the aggregate the total subscription fees Customer has paid during the 12 months preceding the occurrence giving rise to liability. In no event will we be liable for special, incidental, consequential, or other indirect damages arising out of or relating in any manner to your use of the SimpleC System (including the Application) under any cause of action, including lost profits, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
This Site and/or access to the Application may be discontinued, temporarily or permanently, by us at any time without notice to End-Users. We will not be liable to you or any other End-User for any suspension or discontinuance of the Site, the Application, or the Services.
11. Changes to Service and Terms.
We are not responsible for any technical inaccuracies or typographical errors that may be contained in these Terms. We reserve the right to change these Terms in our sole discretion at any time without notice to you. Any such changes to the Terms will become effective immediately upon being posted on the Site. We may modify the Site, the Application, or the SimpleC System temporarily or permanently at any time without notice to you. You agree that we will not be liable to you or to any third party for any modification of the Site, the Application, or the SimpleC System.
12. Transmissions of Data.
You acknowledge that transmissions to and from the Site could be read or intercepted by others. You acknowledge that by submitting communications through the Site, no confidential, contractually implied, or other relationship is created between you and us other than pursuant to these Terms.
13. Governing Law.
THESE TERMS WILL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF GEORGIA, EXCLUDING ITS CONFLICTS OF LAWS RULES, REGARDLESS OF WHERE ANY ACTION MAY BE BROUGHT. YOU HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF THE STATE OF NEW GEORGIA.
14. Third-Party Beneficiaries.
Our licensors will be considered third party beneficiaries of these terms for purposes of Section 9.
15. Contact Us.
If you have any questions or comments about these Terms, please contact us as follows:
2451 Cumberland Parkway
Atlanta, Georgia 30339