Collection: Terms & Conditions

PLATFORM TERMS & CONDITIONS

http://www.simpliscreen.com

1. Terms of Use: Welcome to the SimpliScreen.com website (the “Site”). SimpliScreen, LLC, its subsidiaries, or affiliates (here and after referred to as “SimpliScreen”), provides the Site and related services subject to the following terms and conditions of use:

Please read these terms carefully before using this Site. By accessing and browsing the Site or any other SimpliScreen website (including, without limitation, social media and mobile websites) or using any mobile application on which these terms reside (collectively the "Platform"), you agree, without limitation or qualification, to follow and be bound by the terms, conditions, policies and notices contained on this page (the “Terms”) including, but not limited to, conducting this transaction electronically, disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of Texas law (hereinafter the “Agreement”).  These Terms shall govern the use of the Platform.  If you do not so agree, please abstain from using this Platform.

SimpliScreen may at anytime and from time to time revise these Terms by updating this posting. By using this Platform, you are agreeing to be bound by any such revisions. You should visit this Platform periodically to determine the then current Terms.

SimpliScreen shall have the right to terminate the Platform or any products or services offered through the Platform, or any individual's right to access or use any portion of or product or service offered through the Platform, at any time and without prior notice.

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

1. a) SimpliScreen, Company, Us, We: SimpliScreen, as the creator, operator, and publisher of the Platform, makes the Platform, and certain Services on it, available to users. SimpliScreen, Company, Us, We, Our, Ours and other first-person pronouns will refer to SimpliScreen, as well as all employees and affiliates of SimpliScreen.
2. b) User, You, Your: You, as the user of the Platform, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User.
3. c) Parties: Collectively, the parties to this Agreement (SimpliScreen and User) will be referred to as Parties.
4. d) Facility: The SimpliScreen client facility utilizing the SimpliScreen Platform to screen a User before granting the User access will be referred to as Facility.

2) ASSENT & ACCEPTANCE

By using the Platform, You warrant that You have read and reviewed the Terms and that You agree to be bound by it. If You do not agree to be bound by the Terms, please leave the Platform immediately. SimpliScreen only agrees to provide use of this Platform and Services to You if You assent to Terms.

3) OWNERSHIP RIGHTS

All content included on the Platform, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of SimpliScreen, or otherwise licensed to SimpliScreen for use on the Platform, and is protected by national and international copyright laws. The compilation of the Platform is the exclusive property of SimpliScreen and is protected by national and international copyright laws. Any unauthorized use of any content or materials on the Platform is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any other usage of the materials and content on the Platform can only be done with the express prior written permission of SimpliScreen.

4) USE RESTRICTIONS

This Platform is for your personal and non-commercial use, and no material from this Platform may be copied, reproduced, distributed, republished, downloaded, posted, displayed or transmitted in any manner or for any other use without the written consent of SimpliScreen. In no event may you modify the materials or use them for any other purpose.

SimpliScreen grants you a limited license to make personal and non-commercial use only of the Platform. Such grant does not include, without limitation: (a) any resale or commercial use of the Platform or any of the contents of the Platform; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form of any of the contents of the Platform, including use of or directly viewing the underlying HTML or other code from the Platform except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of the Platform in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Platform and any of the contents of the Platform; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Platform or to collect any information from the Platform or any other user of the Platform. For the avoidance of doubt, SimpliScreen retains complete title to the downloaded information and to all of the associated intellectual property rights.

You are prohibited from posting to or transmitting from this Platform any material that is unlawful or could cause any civil or criminal liability under applicable law.

5) INTELLECTUAL PROPERTY

You agree that the Platform and all Services provided by SimpliScreen are the property of SimpliScreen, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("SimpliScreen IP"). You agree that SimpliScreen owns all right, title and interest in and to SimpliScreen IP and that You will not use SimpliScreen IP for any unlawful or infringing purpose. You agree not to reproduce or distribute SimpliScreen IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (“URLs”), without express written permission from SimpliScreen.

6) ACCEPTABLE USE

You agree not to use the Platform or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Platform or Services in any way that could damage the Platform, Services, or general business of SimpliScreen.

1. a) You further agree not to use the Platform or Services:
2. I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
3. II) To violate any intellectual property rights of SimpliScreen or any third-party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

1. IV) To perpetrate any fraud;
2. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
3. VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.

7) PROTECTED HEALTH INFORMATION

Through Your Use of SimpliScreen’s Platform and Services, You may provide SimpliScreen with and SimpliScreen may be obligated to use certain protected health information (“PHI”). SimpliScreen is committed to complying with the Privacy Rule and the Security Rule promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996, including 45 C.F.R. Parts 160 and 164 (“HIPAA”), as well as the Health Information Technology for Economic and Clinical Health (“HITECH”) Act and associated regulations (collectively “the HIPAA Standards”).  If the exchange of PHI is required in order to facilitate Your use of the Platform and/or Services, SimpliScreen recommends that You contact SimpliScreen to discuss entering into a business associate agreement with SimpliScreen that will adequately address both parties’ obligations with regards to handling PHI. Notwithstanding, SimpliScreen remains committed to the following:

1. a) SimpliScreen agrees to create, receive, maintain, transmit, use, or disclose PHI only in a manner that is consistent with the HIPAA Standards and only in connection with providing the services to or on behalf of You, which may be identified in any business associate agreement, any other existing agreements between You and SimpliScreen, and any amendments thereto. Accordingly, in providing services to or on behalf of You, SimpliScreen, for example, will be permitted to use and disclose PHI for treatment, payment, and operations consistent with the HIPAA Standards, without obtaining authorization. PHI does not include summary health information or information that has been de-identified in accordance with the standards for de-identification provided for in the HIPPA Standards.
2. b) SimpliScreen also agrees to only use or disclose PHI to the extent permitted or required by any business associate agreement, any other agreements between You and SimpliScreen (and amendments thereto), or by law. Except as otherwise provided herein, SimpliScreen will not use or disclose PHI in a manner that would violate HIPAA's Security and Privacy Rules if such use or disclosure were made by You. In particular, SimpliScreen may use or disclose PHI (1) to fulfill its obligations as set out in any agreement between the parties evidencing their business relationship, or (2) as required by applicable laws, rules or regulations, or by an accrediting or credentialing body to which You must disclose such information, or (3) as permitted by any business associate agreement, or any other agreements between the parties evidencing their business relationship (if consistent the HIPAA Standards) or the HIPAA Standards, or (4) as permitted by the HIPAA Standards as if such use or disclosure were made by You.
3. c) SimpliScreen shall implement administrative, physical, and technical safeguards that reasonably protect the confidentiality, integrity, and availability of any Electronic PHI (“ePHI”) that it creates, maintains, or transmits on Your behalf as required by 45 CFR §164.314.

8) PRIVACY INFORMATION

Through Your Use of the Platform and Services, You may provide Us with certain information. By using the Platform or the Services, You authorize SimpliScreen to use Your information in the United States and any other country where We may operate.

1. a) How We Collect Information: SimpliScreen collects information directly from You with Your knowledge. For instance, when you are attempting to access a Facility and access the SimpliScreen Platform, you will be prompted to submit answers to Facility specific screening questions required to gain access to said Facility, including possible personal information such as your email address.

SimpliScreen may also collect aggregate, non-personal information on an ongoing basis when you, view or visit websites or use our mobile apps. The collection of this information is done using tracking tools like “cookie” technology or with “web beacons.” “Cookies” are bits of information that are placed by a website in a storage place on your computer. SimpliScreen uses cookies to track usage patterns on the Platform and to provide you with access to your saved settings or recipes. The cookies may contain personally identifiable information and this information may be shared with SimpliScreen’ affiliated companies. “Web beacons” allow SimpliScreen to determine whether a page has been viewed or to determine how many e-mails SimpliScreen sent were actually opened.  SimpliScreen uses these tools:

• To recognize new or past Users.
• To store your password if you are registered on our Site.
• To improve our Site.

1. b) How We Use Information: SimpliScreen collects your personal information for the sole purpose of providing the information you submitted to the Facility for the Facility’s use in determining access to the Facility.
2. c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser.
3. d) Data Security: SimpliScreen uses standard security measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. We keep Personal Information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise requiredby law.

9) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Platform or Services;
2. b) Violate the security of the Platform or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

10) INDEMNIFICATION

You agree to defend and indemnify SimpliScreen and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Platform or Services, Your breach of this Agreement, or Your conduct or actions. You agree that SimpliScreen shall be able to select its own legal counsel and may participate in its own defense, if SimpliScreen wishes.

11) SPAM POLICY

You are strictly prohibited from using the Platform or any of SimpliScreen's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

12) THIRD-PARTY LINKS & CONTENT

SimpliScreen may occasionally post links to third party websites or other services. You agree that SimpliScreen is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to from Our Platform.

13) MODIFICATION & VARIATION

SimpliScreen may, from time to time and at any time without notice to You, modify this Agreement. You agree that SimpliScreen has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Platform and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

1. a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
2. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Platform after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
3. c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.

14) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Platform. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Platform.

15) SERVICE INTERRUPTIONS

SimpliScreen may need to interrupt Your access to the Platform to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Platform may be affected by unanticipated or unscheduled downtime, for any reason, but that SimpliScreen shall have no liability for any damage or loss caused as a result of such downtime.

16) TERM, TERMINATION & SUSPENSION

SimpliScreen may terminate this Agreement with You at any time for any reason, with or without cause. SimpliScreen specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of SimpliScreen or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

17) NO WARRANTIES

You agree that Your use of the Platform and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. SimpliScreen hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. SimpliScreen makes no warranties that the Platform or Services will meet Your needs or that the Platform or Services will be uninterrupted, error-free, or secure. SimpliScreen also makes no warranties as to the reliability or accuracy of any information on the Platform or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Platform or Services is Your sole responsibility and that SimpliScreen is not liable for any such damage or loss.

18) LIMITATION ON LIABILITY

SimpliScreen is not liable for any damages that may occur to You as a result of Your use of the Platform or Services, to the fullest extent permitted by law. The maximum liability of SimpliScreen arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to SimpliScreen in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

19) GENERAL PROVISIONS:

1. a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
2. b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Platform or Services, You agree that the laws of the State of Texas shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and SimpliScreen, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Collin, Texas. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
3. c) ARBITRATION: You agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, or these Terms shall be settled by binding arbitration administered by JAMS pursuant to its then prevailing Streamlined Arbitration Rules and Procedures in a location determined by the JAMS arbitrator (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, and that judgment on the award may be entered in any court having jurisdiction.  The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Gruma shall be entitled to arbitrate their dispute.  

IT IS AGREED BY THE PARTIES THAT NEITHER WILL PURSUE REPRESENTATIVE CLASS OR COLLECTIVE CLAIMS ON BEHALF OF OTHER PERSONS.  THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO HEAR OR ISSUE ANY AWARD CONCERNING THE CLAIMS OF A CLASS OR COLLECTIVE ACTION OR TO CONSOLIDATE THE CLAIMS OF MORE THAN ONE INDIVIDUAL INTO A SINGLE ARBITRATION PROCEEDING.  THE ARBITRATOR HAS ONLY THE AUTHORITY TO RESOLVE THE CLAIMS OF AND AWARD RELIEF TO AN INDIVIDUAL PERSON OR ENTITY. 

Intellectual property claims by SimpliScreen will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

1. d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by SimpliScreen, the rights and liabilities of SimpliScreen will bind and inure to any assignees, administrators, successors, and executors.
2. e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
3. f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
4. g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
5. h) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: brent@simpliscreen.com.