Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

All users ("Customers") of this site agree that access to and use of this site is subject to the following terms and conditions set forth by JustPlainSimple Technologies Inc. ("JustPlainSimple") and other applicable laws. If you do not agree to these terms and conditions, please do not use this site.

Indemnification

Each party shall indemnify and hold harmless the other party from all claims arising from or related to any breach or default of the performance of any obligation of the party to be performed under the terms of this agreement, or arising from any negligence of the party, or any of the party’s agents, contractors, or employees, and from all costs, attorney’s fees, expenses, and liability incurred in the defense of any such claim and any action or proceeding involving such claim. A party making a request for indemnification must:

  1. Promptly inform the indemnitor in writing and furnish a copy of each communication, notice or other action relating to the alleged infringement; provided that failure to provide timely notice will not impact the indemnitor’s indemnification obligations unless such untimely notice impacts the indemnitor’s ability to defend the claim.
  2. Give the indemnitor control over the defence and negotiations for a settlement or compromise;
  3. Give the indemnitor all reasonable authority, information and assistance, at the indemnitor’s expense, necessary to defend or settle such suit or proceeding, provided that the indemnitee may participate in the proceedings and settlement discussions with counsel of its own choosing at its own cost; and
  4. The indemnitee incurs no obligation or liability with respect to any alleged infringement claim that is not covered under an indemnity or will result in reputational impact without the prior written consent of the indemnitee.

Warranties

JustPlainSimple warrants that it will exercise reasonable care in performing the services set forth in this proposal. Except for this limited warranty, JustPlainSimple does not make any other representations, warranties or conditions of any kind, whether oral or written, whether express, implied, or arising by statute, custom, course of dealing or trade usage, with respect to the subject matter of this proposal. JustPlainSimple specifically disclaims all implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement.

JustPlainSimple does not warrant that its deliverables or any services provided under this agreement will meet Customer’s requirements, that the operation of the deliverables will be uninterrupted or error free, or that defects in the deliverables will be corrected. In no event will either party be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or related to this agreement, including but not limited to damages for lost data, revenue or profits. In no event shall JustPlainSimple’s aggregate liability arising out of or related to this proposal exceed the net amount JustPlainSimple has actually received from Customer under this proposal.

Force Majeure

Any failures or delays in performance under this proposal by either party shall be excused, and the time for performance extended, to the extent such failure or delay is caused by acts of nature, war, terrorism, disasters, strikes, curtailment of transportation facilities, civil disorder, emergency, or any other interim events rendering performance impossible by such party. If JustPlainSimple’s performance hereunder is prevented or delayed for more than thirty (30) consecutive calendar days, Customer may terminate these terms by providing JustPlainSimple with written notice.

Limitation of Liability

In no event shall either party be liable to the other party hereunder for any indirect, incidental, punitive, exemplary, special or consequential damages of any nature or kind whatsoever including, without limitation, loss of revenue or profits, business interruption or failure to recognize expected savings howsoever caused and regardless of the form or cause of action, even if such damages are foreseeable or such party has been advised of the possibility of such damages.

Refunds & Guarantees

JustPlainSimple offers the following guarantee. If you purchase a JustPlainSimple course, product or service, and for some reason you decide that you would like a refund, you have 14 days to request a refund. If you request a refund within 14 days from the date of purchase, JustPlainSimple will give you a full refund of your purchase price for the course, product or service. If you do not request a refund within the 14 day refund period, you forfeit this option and will not be eligible for a refund.

Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Canada and other international copyright laws, and is the property of JustPlainSimple Technologies Inc ("JustPlainSimple"). The collective work includes works that are licensed to JustPlainSimple. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with JustPlainSimple or purchasing our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by JustPlainSimple. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Typographical Errors

In the event that a JustPlainsimple product or service is mistakenly listed at an incorrect price, JustPlainSimple reserves the right to refuse or cancel any orders placed for products or services listed at the incorrect price. JustPlainSimple reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, JustPlainSimple will issue a credit to your credit card account in the amount of the incorrect price.

Applicability and Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by JustPlainSimple without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a JustPlainSimple or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

JustPlainSimple does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, JustPlainSimple is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, JustPlainSimple reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to JustPlainSimple in its sole discretion.

Third-Party Links

In an attempt to provide increased value to our visitors, JustPlainSimple may link to sites operated by third parties. However, even if the third party is affiliated with JustPlainSimple, JustPlainSimple has no control over these linked sites, all of which have separate privacy and data collection practices, independent of JustPlainSimple. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, JustPlainSimple seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

How to Contact us

If you have any questions, concerns or complaints about these terms, please contact us.