Terms & Conditions
A. TERMS AND CONDITIONS OF SERVICE. PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. SIMPLYZIPCODES.COM reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by SIMPLYZIPCODES.COM and shall be of no force or effect.
1. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of service ("TOS") for WWW.SIMPLYZIPCODES.COM. You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS; (b) not to use the Service for illegal purposes; and (c) not to interfere or disrupt networks connected to the Service.
2. Intellectual Property. This Web site, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
3. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of SIMPLYZIPCODES.COM. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by SIMPLYZIPCODES.COM and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of SIMPLYZIPCODES.COM and such others. You agree to protect the proprietary rights of SIMPLYZIPCODES.COM and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by SIMPLYZIPCODES.COM or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify SIMPLYZIPCODES.COM in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.
4. Further Restrictions on Use. UNLESS MATERIALS ON THE SITE ARE SPECIFICALLY DESIGNATED AS DOWNLOADABLE, YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR ACCOUNT USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT PRIOR WRITTEN CONSENT FROM SIMPLYZIPCODES.COM. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF SIMPLYZIPCODES.COM. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY TRADEMARKS, TRADE NAMES OR SERVICE MARKS BELONGING TO SIMPLYZIPCODES.COM IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH THE CONSENT OF SIMPLYZIPCODES.COM, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY TRADEMARKS, TRADE NAMES OR SERVICE MARKS BELONGING TO SIMPLYZIPCODES.COM IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE, INCLUDING THE LINKING AND FRAMING POLICY.
5. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by SIMPLYZIPCODES.COM ONLY for your account's use in accordance with the TOS and does not transfer any other rights to you.
6. Rights Reserved. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and SIMPLYZIPCODES.COM, at all times be and remain the sole and exclusive property of SIMPLYZIPCODES.COM. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to SIMPLYZIPCODES.COM for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use SIMPLYZIPCODES.COM's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without the prior written approval of SIMPLYZIPCODES.COM.
7. Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment, you will select a username and a password. You will provide SIMPLYZIPCODES.COM with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that SIMPLYZIPCODES.COM, in its sole discretion, deems offensive or inappropriate. SIMPLYZIPCODES.COM reserves the right to deny creation of your account based on SIMPLYZIPCODES.COM 's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify SIMPLYZIPCODES.COM by submitting feedback of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage or activity on your SIMPLYZIPCODES.COM account, including but not limited to use of the account by any third party authorized by you to use your username and password. SIMPLYZIPCODES.COM reserves the right to terminate your account, in its sole discretion, at any time without notice. You agree to maintain only one account with the Service at any time and you certify that you currently have no other account(s) with the Service.
8. Disclaimer and Limitation of Liability. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and "AS AVAILABLE," and that SIMPLYZIPCODES.COM makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. SIMPLYZIPCODES.COM does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that SIMPLYZIPCODES.COM, its Suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of SIMPLYZIPCODES.COM, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against SIMPLYZIPCODES.COM by any other party; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by SIMPLYZIPCODES.COM. SIMPLYZIPCODES.COM is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. SIMPLYZIPCODES.COM does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. SIMPLYZIPCODES.COM is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Service. You understand that SIMPLYZIPCODES.COM and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
9. Further Disclaimer and Limitation of Liability. You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) SIMPLYZIPCODES.COM does not guarantee the sequence, accuracy, completeness or timeliness of the Service; and (iii) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which SIMPLYZIPCODES.COM is a party. Accordingly, anything to the contrary herein set forth notwithstanding, SIMPLYZIPCODES.COM, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (ii) delays, errors or interruptions in the transmission or delivery of the Service; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
10. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL SIMPLYZIPCODES.COM, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF SIMPLYZIPCODES.COM HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall SIMPLYZIPCODES.COM.s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
11. Representations and Warranties. You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TOS.
12. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless SIMPLYZIPCODES.COM and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against SIMPLYZIPCODES.COM, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against SIMPLYZIPCODES.COM, its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. SIMPLYZIPCODES.COM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SIMPLYZIPCODES.COM in asserting any available defense. You acknowledge and agree to pay SIMPLYZIPCODES.COM's reasonable attorney fees incurred in connection with any and all lawsuits brought against you by SIMPLYZIPCODES.COM under the TOS and any other terms and conditions of service on WWW.SIMPLYZIPCODES.COM, including without limitation, lawsuits arising from your failure to indemnify SIMPLYZIPCODES.COM pursuant to the TOS.
13. Governing Law. The TOS shall be governed by and construed in accordance with the laws of the State of California, U.S., and you agree to submit to the personal jurisdiction of the courts of the State of California, County of Los Angeles. In the event that any portion of these terms and conditions is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect.
14. International Use. SIMPLYZIPCODES.COM makes no representation that materials or services available on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
15. Service E-mails. SIMPLYZIPCODES.COM reserves the right to send Members service e-mails notifying the Member of operational or other changes that may affect or significantly change the current services offered. Please note that Members cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of Members' Accounts.
16. Miscellaneous. You accept that SIMPLYZIPCODES.COM has the right to change the content or technical specifications of any aspect of the Service at any time at SIMPLYZIPCODES.COM's sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of SIMPLYZIPCODES.COM to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
17. Headings. The section titles in the TOS are used solely for the convenience of you and SIMPLYZIPCODES.COM and have no legal or contractual significance.
18. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
19. Entire Agreement. The TOS and any other terms and conditions of service on WWW.SIMPLYZIPCODES.COM, and its successor, constitute the entire agreement between you and SIMPLYZIPCODES.COM and govern your use of the Service.
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