Effective September 1, 2010
Thank you for visiting www.simplyregister.net (referred to herein as the "Site"). The Site is operated by or for SimplyRegister, Inc. ("SimplyRegister," "we," "our," or "us"). Use of the Site and its services is offered to you only if you accept these Terms of Use. These Terms of Use set forth the legally binding terms for your use of the Site. Please read the following Terms of Use carefully and print and save this document, and any linked documents, for future reference. If you do not agree with these Terms of Use, you should exit the Site immediately and you may not register for an event, create an account to utilize our services, or otherwise use our Site or its services.
By using the Site, you signify your agreement to all of the terms set forth herein. Please also read our Privacy Policy. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. If you do not agree with the terms and conditions set forth herein, you should exit the Site immediately.
This agreement includes SimplyRegister's policy for acceptable use of the Site and describes your rights, obligations and restrictions regarding your use of the Site. In order to participate in certain services on the Site, you may have to download software or content and/or agree to additional terms and conditions. For instance, you must accept the terms of our Event Management Agreement before you can utilize our event management services for your event.
SimplyRegister may modify these Terms of Use from time to time, and such modification shall be effective upon posting on the Site by SimplyRegister. You agree to be bound to any changes to the Terms of Use when you use the Site after any such modification is posted. It is therefore important that you review the posted Terms of Use regularly to ensure you are updated as to any changes.
DEFINITIONS
Certain terms that have specific meanings as used in these Terms of Use are defined throughout. In addition, the following terms have the following meanings when used in these Terms of Use:
"Event" is a participatory event, including but not limited to athletic events, meetings, and classes, whose organizers have chosen to utilize our services to provide online registration.
"Event Management" is a third party who operates or sponsors an Event, and who has chosen to utilize our services to allow individuals to register for that Event.
"Registrant" is an individual who utilizes our services to register for an Event.
ELIGIBILITY
Children under the age of 13 are not authorized to use the Site. By using the Site, you represent and warrant that you have the right, authority and capacity to agree to and abide by these Terms of Use.
GENERAL USE
The Site is an online event registration service. The Site may not be used for any other purpose. By using the Site, you agree not to use it for any unlawful or prohibited purpose, including but not limited to:
Any unauthorized use of the Site is strictly prohibited. Appropriate legal action may be taken for any illegal or unauthorized use of the Site.
If you become aware of misuse of the Site, please contact us directly at info@simplyregister.net.
SimplyRegister makes no claims that information on or provided via the Site is appropriate or may be used or accessed outside of the United States. If you access or use the Site from outside the United States, you do so at your own risk, and you are responsible for compliance with the laws of your jurisdiction. By providing us with your information when you are outside the United States, you acknowledge your consent to the transfer and use of that information outside your resident jurisdiction. If you do not consent to such transfer and use, or if it is illegal in your area, you may not use the Site.
If SimplyRegister has provided a translation of the English language version of these Terms of Use or any other policy or agreement available on the Site, you agree that the translation is provided for convenience only and that the English language version of such policies and agreements governs your relationship with SimplyRegister.
Despite the best efforts of SimplyRegister to provide accurate information, it is not possible to completely ensure that information on this Site is correct at all times. SimplyRegister assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Site.
LICENSE TO USE
For the limited purpose of your lawful and authorized use of the Site, SimplyRegister grants you a limited, revocable, personal and non-transferable license to use the Site for private viewing and in accordance with these Terms of Use, and for no other purpose. You must keep intact all copyright, trademark and other proprietary notices. Reproduction or redistribution of copyright and trademark-protected material is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the copyright and trademark-protected material to any other server or location for further reproduction or redistribution is expressly prohibited.
PASSWORDS
To utilize certain features on the Site as either a Registrant or Event Management, you may create or be provided with a user account and a password. You are fully responsible for all uses of your account and for any actions that take place using that account. You are solely responsible for maintaining the confidentiality of your password, and should not disclose that password to any third party. You must notify us immediately if you suspect that another person is using your account and/or password to access and/or use the Site, or if you suspect any unauthorized use of your account or access to your password.
INFORMATION YOU PROVIDE
You represent and warrant that any information you provide to the Site, as Event Management, a Registrant, or simply a user, is accurate, truthful, and complete and that you will update such information as necessary to maintain its accuracy, truthfulness, and completeness. You are solely responsible for any and all information you provide via the Site. You further represent and warrant that any information you provide does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party.
Please carefully consider any information you transmit to the Site. By transmitting content to the Site, including information about Events, you grant to SimplyRegister a non-exclusive, irrevocable, royalty-free, transferable, perpetual license to use and publish such content throughout the world in any manner or medium. You may not post any material to the Site that is offensive, threatening or violates any third party intellectual property rights (including copyright, trademark and right of publicity rights).
We reserve the right, in our sole discretion, to modify, review, reject, or remove any content, or to suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. However, SimplyRegister is under no obligation to monitor or modify the content of the Site and assumes no responsibility for any inappropriate content or conduct that is posted or occurs on the Site. We do not control or endorse any content posted on the Site by third parties or Event Management, and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Site.
Utilizing the Site as Event Management is subject to additional instructions and terms, which you must carefully review and agree to before setting up your Event with SimplyRegister. Please print and review the terms of our Event Management Agreement before deciding to use our services.
In order to register for an Event, you must provide certain information, including your name, address, credit card information and other information. Information provided by Registrants to register for Events will be shared with Event Management for that Event. Please carefully review our Privacy Policy for more information regarding the way SimplyRegister handles the personal information you submit through the Site. In accordance with our Privacy Policy, we reserve the right, at all times, to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request in our sole discretion.
SimplyRegister assumes no responsibility for inaccurate information provided by users, including Registrants or Event Management.
EVENT MANAGEMENT
Your registration for and participation in any Event, and your purchase of any products sold by Event Management, may be subject to separate terms and conditions between you and Event Management. These Terms of Use do not affect your legal relationship with Event Management or other companies or individuals.
Any Event, activity or service operated or sponsored by Event Management and any product sold by Event Management are the sole responsibility of Event Management. All Event information, including related products and services, is provided solely by Event Management. We will not be liable for any mistakes in the information provided or posted on our Site by Event Management.
You understand and acknowledge that SimplyRegister has no control whatsoever over Events or Event Management and that Event Management may, at its sole discretion, accept or decline any registration regardless of its acceptance or non-acceptance by SimplyRegister.
SimplyRegister provides simple registration services. You acknowledge that SimplyRegister does not endorse Events or Event Management, and all Events and related products and services are the sole responsibility of Event Management. SimplyRegister is not responsible for any Event or related products or services.
You agree to hold SimplyRegister harmless from any liabilities, claims and expenses (including legal fees) arising from or related to your interaction or relationship with Event Management, including without limitation your participation in any Event or use of any product or service offered by Event Management. You shall indemnify and hold harmless SimplyRegister against any claim or cause of action based on injury or death or damage to property resulting from or related to participation in any Event and any related product or service offered by Event Management.
Also, please remember that children under the age of thirteen (13) are not permitted to use the Site.
FEES AND PAYMENT
You will be charged fees for registering for an Event and otherwise using SimplyRegister's services according to the published fee schedule relating to that Event. All fees and prices are published and payable in U.S. Dollars unless otherwise specified in writing. You are responsible for the full payment of all fees due as specified. Payment may be collected and processed by SimplyRegister or by Event Management. You authorize SimplyRegister and Event Management (if applicable) to charge and collect all such fees from you using your designated payment method. Unless otherwise specified in writing, all fees due in connection with registration for an Event are non-transferable and non-refundable.
You understand that policies regarding cancellation and refund of payments are the responsibility of Event Management and that SimplyRegister is under no obligation to refund or credit any payments of any kind. You further understand and agree that if the Event is canceled or postponed for any reason whatsoever, Event Management is solely responsible for any liability to Registrants for reimbursement of registration fees.
You understand and agree that if a payment is refunded, charged back, returned or otherwise disputed, any registrations or purchases associated with that payment will be canceled. You further understand and agree that SimplyRegister and Event Management reserve the right to cancel any registrations or purchases associated with any transactions not paid in full as specified (including without limitation ACH transactions and transactions with separate off-line payment).
You understand and agree that registrations or purchases not paid in full will be considered incomplete and may not be honored or fulfilled.
You are solely responsible for and shall report and pay any and all applicable taxes imposed as a result of the Event or any related product or service. SimplyRegister has no responsibility of any kind whatsoever to collect or pay any such taxes or other liabilities.
PROCESSING OF TRANSACTIONS
You expressly appoint, authorize, approve and consent to SimplyRegister and its designees processing all payment transactions. You authorize SimplyRegister to collect, use, process, and transfer information, including without limitation, credit card numbers and other financial account information relating to transactions. You hereby authorize SimplyRegister to make reports concerning the transactions to its designees.
You are solely responsible and liable for the merit, legitimacy and validity of all registrations, purchases and transactions. SimplyRegister is not responsible for any data-entry errors, misrepresentations or any other errors resulting from your or third parties' actions or failure to act.
INTELLECTUAL PROPERTY
All Site design, text, graphics, logos, icons, the selection and arrangement of these elements, and all software, technology, ideas, concepts, methodologies and content posted on the Site are the property of SimplyRegister or its licensors or suppliers, and are protected by U.S. and international intellectual property laws, including, but not limited to, copyright. Any suggestions you offer regarding improvement of the Site, or any customization of the Site for Event Management, are a "work made for hire" under United States copyright law. If, for any reason, such suggestions or customizations are excluded from the definition of a "work made for hire" under such copyright laws, then you hereby irrevocably assign, transfer and convey to SimplyRegister without further consideration all rights, title and interests in and to such suggestions and improvements, including any and all copyright and other intellectual property rights therein. You shall, at no cost to SimplyRegister, execute any documents that we deem necessary to aid in securing intellectual property protection in and to such suggestions and improvements.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to SimplyRegister or any other person or entity without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SimplyRegister to terminate access to any user of the Site who repeatedly infringes the copyright rights of others, upon receipt of proper notification to SimplyRegister by the copyright owner or the copyright owner's legal agent.
If you believe that your proprietary work has been copied and/or posted on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent, Keith Lively, at info@simplyregister.net or P.O. Box 294, Jamestown, Indiana 46147, with the following information:
LINKS
Any links on the Site are provided only as a convenience, and SimplyRegister does not endorse any third party sites, unless explicitly stated. SimplyRegister is not responsible for the contents of any third party sites, or the links within them. You are solely responsible for abiding by the terms of use of any third party site. We are not responsible for transmissions you receive from third party websites or for their failure to work properly.
MODIFICATIONS TO SITE AND SERVICES
SimplyRegister reserves the right to modify, suspend, delay or discontinue, temporarily or permanently, this Site (or any part thereof) or any of its products or services, with or without notice. You agree that SimplyRegister shall not be liable to you or to any third party for any modification, suspension, delay or discontinuance of this Site or any of its products or services.
GENERAL DISCLAIMER
SimplyRegister is not responsible for any incorrect or inaccurate submissions or postings on the Site, whether caused by SimplyRegister, other users of the Site or by any of the equipment or software used in or associated with the Site. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. SimplyRegister is not responsible for any problems or technical malfunction of any telephone or communication lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or Internet slowdowns or any combination thereof, or any other circumstance beyond SimplyRegister's control, including any injury or damage to your or to any person's device or equipment related to or resulting from use of or downloading materials in connection with the Site.
The Site and related services are provided AS-IS and, to the fullest extent permitted by law, WITHOUT WARRANTIES OF ANY KIND, either express or implied. This means, without limitation, that SimplyRegister DOES NOT WARRANT that the Site is fit for any particular purpose; that the content of the Site is non-infringing; that the services available via the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses or other harmful components; or that the information and content of the Site are accurate, error-free, secure or reliable. You acknowledge that SimplyRegister and its affiliates, together with their respective employees, agents, directors, officers and shareholders, ARE NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT SIMPLYREGISTER IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN CONNECTION WITH OR ARISING FROM AN EVENT, FROM YOUR USE OR FROM YOUR INABILITY TO USE THE SITE. THIS LIMITATION APPLIES TO ALL POTENTIAL CLAIMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SIMPLYREGISTER'S TOTAL LIABILITY UNDER THESE TERMS OF USE EXCEED THE AMOUNT SIMPLYREGISTER HAS BEEN PAID BY YOU FOR SERVICES RENDERED ON THE SITE.
INDEMNIFICATION
You hereby agree to indemnify and hold SimplyRegister, its affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, damages, claim or demand (including court costs and reasonable attorneys' fees) made by any third party due to or arising out of your use of the Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.
GENERAL
Your access to this Site is governed by all applicable federal, state and local laws, including but not limited to the laws of obscenity, the right of privacy, fraud, and intellectual property. These Terms of Use and our relationship are governed by the laws of the State of Indiana, U.S.A. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the state and federal courts in the State of Indiana, in all disputes arising out of or relating to these Terms of Use and/or the use of the Site. Use is unauthorized in any jurisdiction that does not give effect to these Terms of Use, including this paragraph. No joint venture, employment, or other legal relationship exists between you and SimplyRegister as a result of these Terms or Use or your use of the Site. If any of these terms is held invalid or unenforceable, then it will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the agreement shall continue in effect. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Unless otherwise specified and acknowledged by us in these Terms of Use, this is the entire agreement between you and SimplyRegister with respect to the Site. These Terms of Use supersede all prior or contemporaneous communications between you and SimplyRegister concerning any matters set forth herein. A printed version of these Terms of Use and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents originally in printed form. Please contact us at info@simplyregister.net with any questions regarding these Terms of Use.
BY USING THIS SITE, I ACKNOWLEDGE THAT I HAVE READ THESE TERMS OF USE IN THEIR ENTIRETY AND THAT I UNDERSTAND AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.