TERMS OF USE

Welcome to Simpli.com. Before using the Simpli.com Web site (“Simpli,” “Simpli.com,” the “Web site,” or “site”), please read the following Terms of Use.

By using Simpli, you agree to be bound by these Terms of Use. ValueClick, Inc., the owner and operator of Simpli and the licensee of certain third party content distributed through Simpli (“ValueClick”), reserves the right to review and revise these Terms of Use from time to time without prior notice. By using Simpli subsequent to any revision of these Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of Simpli.

Content Linked to Simpli
The search results displayed on Simpli are for sites over which Simpli has no control. Simpli’s algorithms and the algorithms of its third party content providers generate the search results. Simpli does not screen the search results of its third party content providers and only screens its own sponsored listings for keyword relevancy. A search using Simpli may result in search results and links to sites that some people may find objectionable, inappropriate or offensive. In fact, we do not currently provide any filtering technology that allows users to adjust the maturity level of the search listings that we publish. So, we cannot guarantee that a search on Simpli will not produce results or links to sites that are objectionable, inappropriate or offensive to some users. Further, we assume no responsibility for the search results, including the site titles, descriptions or text within domain names or links, or the content of the sites that are listed within our search results.

Also, we make no representation or warranty as to the accuracy, value, integrity, completeness or authenticity of the information or opinions contained in any Web site that appears within the Simpli search results; no search result shall in any manner be construed as an endorsement by Simpli of that Web site, or of the information, products or services described therein.

Personal Use
Simpli is made available for your personal, non-commercial use only. You may not take the results from any type of search conducted on Simpli and reformat and display them, or mirror the Simpli home page or results pages on your own Web site, whether or not you are generating any revenue by doing so. If you want to make commercial use of Simpli, you must enter into an agreement with ValueClick to do so in advance. Please contact us for more information.

No Representations or Warranties
SIMPLI, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SIMPLI SEARCH RESULTS ARE PROVIDED TO USERS ON AN "AS IS" BASIS WITH NO WARRANTIES WHATSOEVER. VALUECLICK AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. VALUECLICK AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SIMPLI, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH SIMPLI, ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SIMPLI OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SIMPLI, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLI.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SIMPLI AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL VALUECLICK OR ITS LICENSORS BE LIABLE TO ANY USER AS A RESULT OF THAT USER'S USE, MISUSE OF OR RELIANCE ON THE SIMPLI SEARCH RESULTS OR OTHERWISE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF VALUECLICK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SIMPLI SEARCH RESULTS, FROM INABILITY TO USE THE SIMPLI SEARCH RESULTS, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SIMPLI SEARCH RESULTS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SIMPLI SEARCH RESULTS OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLI SEARCH RESULTS, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SIMPLI SEARCH RESULTS OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SIMPLI SEARCH RESULTS. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SIMPLI SEARCH RESULTS OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SIMPLI SEARCH RESULTS. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY VALUECLICK, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, LICENSORS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

Ownership
Applicable copyright laws protect all content of Simpli.com. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in Simpli and all names, terms, logos, slogans, images and other manners of identifying ValueClick's products or services, are proprietary marks belonging exclusively to ValueClick. The names of companies, services and products not owned by ValueClick and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted material or the trademarks belonging to ValueClick, our licensors and others providing content to Simpli, without the express written permission of ValueClick or the appropriate owner of such copyrighted material or trademarks is strictly prohibited.

General Terms
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Simpli. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to conflict of laws provisions or your actual state or country of residence. You irrevocably consent and waive all objection to personal jurisdiction and venue in the state and federal courts located in Los Angeles county, California, and you shall not commence or prosecute any suit or action except in the foregoing courts. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, the remainder of the Terms of Use will continue in full force and effect.