Terms and Conditions

Overview

This site is made available for anyone. It is free to join, but if you are under 18, parental/guardian consent is required. You are not allowed to do is anything illegal, whether it is actions against the site or posting of information on the site. There are no guarantees as to the factuality of the information posted on this site and I am not responsible for any loss you might experience while using this site.

Introduction
1. These terms and conditions shall govern your use of the website.
2. By using the website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use the website.
3. If you register with the website, submit any material to the website or use any of the website services, you are asked to expressly agree to these terms and conditions.
4. You must be at least 18 years of age, or have parental/guardian consent to use the website; by using the website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age or have parental/guardian consent.
5. The website uses cookies; by using the website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
Credit
1. This document was created using a template from Docular (https://docular.net).
Copyright notice
1. Copyright (c) 2022 by Jason Sanborn.
2. Subject to the express provisions of these terms and conditions:
  1. I own and control all the copyright and other intellectual property rights in the website and the material on the website; and
  2. all the copyright and other intellectual property rights in the website and the material on the website are reserved.
Licence to use website
1. You may:
  1. view pages from the website in a web browser;
  2. download pages from the website for caching in a web browser; and
  3. print pages from the website, subject to the other provisions of these terms and conditions.
2. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from the website or save any such material to your computer.
3. You may only use the website for your own personal purposes, and you must not use the website for any other purposes.
4. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the website.
5. Unless you own or control the relevant rights in the material, you must not:
  1. republish material from the website (including republication on another website);
  2. sell, rent or sub-license material from the website;
  3. show any material from the website in public;
  4. exploit material from the website for a commercial purpose; or
  5. redistribute material from the website.
6. I reserve the right to restrict access to areas of this website, or indeed the whole website, at my discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
Acceptable use
1. You must not:
  1. use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  2. use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  3. use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the website without our express written consent;
  5. access or otherwise interact with the website using any robot, spider or other automated means, except for the purpose of search engine indexing;
  6. violate the directives set out in the robots.txt file for the website; or
  7. use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
  8. You must not use data collected from the website to contact individuals, companies or other persons or entities.
  9. You must ensure that all the information you supply to us through the website, or in relation to the website, is true, accurate, current, complete and non-misleading.
Registration and accounts
1. To be eligible for an account on the website under this Section 6, you must be at least 18 years of age or have parent/guardian consent.
2. You may register for an account with the website by completing and submitting the account registration form on the website, and clicking on the verification link in the email that the website will send to you.
3. You must not allow any other person to use your account to access the website.
4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
5. You must not use any other person’s account to access the website.
User login details
1. If you register for an account with the website, you will be asked to choose a user ID and password.
2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
3. You must keep your password confidential.
4. You must notify us in writing immediately if you become aware of any disclosure of your password.
5. You are responsible for any activity on the website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of account
1. I may:
  1. suspend your account;
  2. cancel your account; and/or
  3. edit your account details, at any time in our sole discretion without notice or explanation.
2. You may cancel your account on the website using your account control panel on the website.
Your content: licence
1. In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or the website for storage or publication on, processing by, or transmission via, the website.
2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and, with your specific consent, publish your content on and in relation to this website.
3. You grant to us the right to sub-license the rights licensed under Section 9.2.
4. You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6. You may edit your content to the extent permitted using the editing functionality made available on the website.
7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if I reasonably suspect that you have breached these terms and conditions in any way, I may delete, unpublish or edit any or all of your content.
Your content: rules
1. You warrant and represent that your content will comply with these terms and conditions.
2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
  1. be libellous or maliciously false;
  2. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  3. infringe any right of confidence, right of privacy or right under data protection legislation;
  4. constitute negligent advice or contain any negligent statement;
  5. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  6. be in contempt of any court, or in breach of any court order;
  7. be in breach of racial or religious hatred or discrimination legislation;
  8. be in breach of official secrets legislation;
  9. be in breach of any contractual obligation owed to any person;
  10. be untrue, false, inaccurate or misleading;
  11. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  12. constitute spam;
  13. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  14. cause annoyance, inconvenience or needless anxiety to any person.
Limited warranties
1. I do not warrant or represent:
  1. the completeness or accuracy of the information published on the website;
  2. that the material on the website is up to date; or
  3. that the website or any service on the website will remain available.
2. I reserve the right to discontinue or alter any or all of the website services, and to stop publishing the website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if I stop publishing the website.
3. To the maximum extent permitted by applicable law and subject to Section 12.1, I exclude all representations and warranties relating to the subject matter of these terms and conditions, the website and the use of the website.
Limitations and exclusions of liability
1. Nothing in these terms and conditions will:
  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law.
2. The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
  1. are subject to Section 12.1; and
  2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
3. To the extent that the website and the information and services on the website are provided free of charge, I will not be liable for any loss or damage of any nature.
4. I will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
5. I will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
6. I will not be liable to you in respect of any loss or corruption of any data, database or software.
7. I will not be liable to you in respect of any special, indirect or consequential loss or damage.
Breaches of these terms and conditions
1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if I reasonably suspect that you have breached these terms and conditions in any way, I may:
  1. send you one or more formal warnings;
  2. temporarily suspend your access to the website;
  3. permanently prohibit you from accessing the website;
  4. block computers using your IP address from accessing the website;
  5. contact any or all of your internet service providers and request that they block your access to the website; and/or
  6. suspend or delete your account on the website.
2. Where I suspend or prohibit or block your access to the website or a part of the website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Variation
1. I may revise these terms and conditions from time to time.
2. The revised terms and conditions shall apply to the use of the website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
Assignment
1. You hereby agree that I may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
Severability
1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
1. Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of the website and shall supersede all previous agreements between you and us in relation to your use of the website.
Law and jurisdiction
1. These terms and conditions shall be governed by and construed in accordance with California law.
2. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of California.
Our details
1. This website is owned and operated by Jason Sanborn
2. You can contact Jason by email, using jsanborn@simplicitypoint.com

Overview

Terms and Conditions

Introduction

Credit

Copyright notice

Licence to use website

Acceptable use

Registration and accounts

User login details

Cancellation and suspension of account

Your content: licence

Your content: rules

Limited warranties

Limitations and exclusions of liability

Breaches of these terms and conditions

Variation

Assignment

Severability

Entire agreement

Law and jurisdiction

Our details