Terms Of Service – Fast Simon

http://www.fastsimon.com is a website that provides Fast Simon web services (referred to as the “Website,” “Site,” or “Service”), operated by Fast Simon, Inc. (“We,” “Us,” “Company,” or “Fast Simon”). By using the information, Service available through this Site you agree to be bound by the terms and conditions contained herein and the terms of our privacy policy located at https://www.fastsimon.com/privacy/ (“Privacy Policy”), which is incorporated by reference into and made a part of this terms of service (these terms and conditions and Privacy Policy collectively referred to as “agreement” or “terms of service”). If you do not wish to be bound by the agreement, you must leave the Site immediately and do not use the Service. Any further access of the Site will be considered as an acceptance of the terms and conditions of this agreement. Company may modify this agreement at any time and such modification shall be effective immediately upon posting of the modified agreement on the site, and thereafter, your use of the Service constitutes your acceptance to the updated terms of this agreement. You agree to be bound to any changes to this agreement when you use the Site after any such modification is posted. It is therefore important that you review the agreement regularly to ensure you are updated with the changes.  Violation of any of the terms below will result in the termination of your account. You agree to use the Service at your own risk. Additionally, you may use the Service only if you are 18 years or older and capable of forming a binding contract with us and are not otherwise barred from using the Service under applicable law.

Intellectual Property Rights

The website, its content, web design, software, web services, feed, data, and underlying technology are properties of the Company, and are protected by international copyright and trademark laws. The Service is copyright©2016 All rights reserved. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, create derivative works of, grant a security interest in, or otherwise transfer any right to the copyrighted content on the Site without written consent of the company. Any use of the trademarks or any other copyrighted content on the site without prior written consent of the Company is strictly prohibited and is subject to the terms of this agreement. Fast Simon may use the information sent by customers to enhance the service.

Account

When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address or other contact information. You agree that the information you provide to us is and will be accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you agree to notify us as soon as possible at info@fastsimon.com

General Conditions

You alone are responsible for your conduct on the Site. Without limitation to the foregoing, you agree that you will not use the Site or Software to take any of the following actions:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others, including any conduct which (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
  • Technical support is only provided to paying account holders via email.
  • You understand that Fast Simon uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service, and that Fast Simon shall not be responsible for any Service unavailability or other issues affecting the Service which result from the acts or omissions of such third parties.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Fast Simon, or any other Fast Simon service.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Fast Simon.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Fast Simon customer, employee, member, or officer will result in immediate account termination.
  • You understand that the technical processing and transmission of the Service, including your queries, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not transmit any content or any code of a destructive nature via our API.
  • Additionally, you agree not to do any of the following:
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
  • Use, display, mirror or frame the Service, or any individual element within the Service, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page or in the App, without our express written consent;
  • Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service;
  • Attempt to access or search the Service or download Service content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search
  • Collect or store any Personal Data from the Service from other users of the Service without their express permission. “Personal Data” means any information relating to (i) an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Participation in the Fast Simon Reference Program 

Under the Fast Simon Reference Program, Customer hereby grants to Fast Simon and its Affiliates (as defined herein) during the term of this Contract and for a period of one (1) year thereafter (i) the right to display Customer’s approved current and future names, trademarks, service marks, copyrights and logos on Fast Simon’s website, including promotional materials, presentation materials (e.g., PowerPoint decks), and (ii) development of case studies highlighting Customer’s adoption of Fast Simon Services. Customer shall have the right to approve and inform any written case studies or related social media promotions.  Customer may be considered for speaking engagements, webinars or press releases.

Third-party sites, products, and Services

This Website may contain links to other sites owned by third parties that contain additional terms of use (“Third Party Terms of Use”). Your use of each of those sites is subject to the Third Party Terms of Use, if any, that each of those sites has posted. Company has no control over such third party sites or Third Party Terms of Use, and Company is not responsible for any Third Party Terms of Use or content on those third party sites. You agree to access and use any such third party links, websites, and other materials at your sole risk.

Delivery of Search Suggestions and Results

By accessing the Site or integrating the Service, you hereby grant Company the permission to display search suggestions and/or results through the Service and any other usage data you may submit or generate through your use the Service or Site in order for us to offer the full functionalities offered by the Service, including without limitation, Smart Collections, Personalized Recommendations, and other features included in the Service. The timing, frequency, placement of these suggestions are determined solely by the Service.

Payment, Refunds, Upgrading and Downgrading Terms

  • Payment are done on a monthly billing cycle using a direct deposit to Fast Simon’ bank account.
  • If you initially sign up for an account, and you don’t cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
  • An upgrade from the free 1-project plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
  • The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat all customers equally, no exceptions will be made.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  • For any upgrade or downgrade in plan level, you will automatically be charged the new rate on your next billing cycle.
  • Downgrading your Service may cause the loss of content, features, or capacity of your account. Fast Simon will not be responsible for any liability related to such loss.

Cancellation and Termination

  • You are solely responsible for properly canceling your account – we provide a simple no questions asked cancellation policy.
  • All of your content access will be immediately unavailable from the Service upon cancellation.
  • If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  • Fast Simon, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Fast Simon service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account. Fast Simon reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  • Fast Simon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the fastsimon.com Site or the Service itself.
  • Fast Simon shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 Liability Disclaimers

The information, services and products available to you on this Web site may contain errors and is subject to periods of interruption. While the Company does its to maintain the information, services and products it offers on the Site, the Company cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this Web Site.

THE SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE ON THIS WEB SITE “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL FAST SIMON, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM THE USE OR PERFORMANCE OF THIS WEB SITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEB SITE, EVEN IF FAST SIMON, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE WEB SITE. YOU HEREBY RELEASE US AND AGREE TO HOLD US HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICE, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, DATA, RESULTS, INFORMATION AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE SERVICE.
EXCEPT SOLELY TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE GREATER OF: (I) $50.00 OR (II) THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICE WITHIN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Indemnity

You agree to indemnify, defend, and hold Fast Simon Inc, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the violation of this agreement by you, or the infringement by you, or other user of the message boards using your computer, of any intellectual property or other right of any person or entity, or any liability resulting from your negligence, misconduct, fraud, or misrepresentation. Fast Simon Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Force Majeure

Our performance hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like.

Feedback

We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You can submit Feedback by emailing us at info@fastsimon.com. By submitting Feedback, you hereby grants to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Miscellaneous

Fast Simon Inc. reserves the right, in its sole discretion, to suspend, modify, add or erase at any time parts of its web content. Moreover, Fast Simon Inc. has the right to modify the terms of the present Agreement, at any time and without prior warning. You are to verify the Agreement from time to time, because you acknowledge that you are subject to the modifications as soon as they are posted on the web. If at any moment, some services provided by Fast Simon Inc. can be subject to other terms than these stated above, Fast Simon Inc. shall post a visible announcement on the website, regarding the specific regulations for that matter.
You may not assign or transfer this agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this agreement, without such consent, will be null and of no effect. We may freely assign or transfer this agreement without restriction. Subject to the foregoing, this agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of Fast Simon to exercise or enforce any right or provision of the agreement shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. This agreement constitutes the entire agreement between you and Fast Simon and govern your use of the Service, superseding any prior agreements between you and Fast Simon (including, but not limited to, any prior versions of the agreement). If for any reason a court of competent jurisdiction finds any provision of this agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this agreement will remain in full force and effect.
Questions about the agreement should be sent to info@fastsimon.com.
Any notices or other communications provided by us under this agreement will be given: by us (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
This agreement shall be governed by and construed in accordance with the laws of THE UNITED STATES. In the event that any portion of this agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the messages contained on the website, or the use of the website, must be filed within one year after such claim or cause of action arose.