Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site (www.SimonSell.com), you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. SimonSell reserves the right, at its sole discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site following the posting of changes to these terms will mean you accept and agree to the changes. RESTRICTIONS ON USE This site, www.SimonSell.com is owned and managed by SimonSell LLC (SIMONSELL), and contains material which is derived in whole or in part from material supplied by SIMONSELL and other sources, and is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software (\"Material\"). You may download Material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. INTERACTIVE CONTENTS This service may include interactive areas that allow content from users. SIMONSELL does not control the messages, information or files uploaded to these interactive areas. It is a condition of your use of the interactive areas of this website that you do not: restrict or inhibit any other user from using and enjoying the interactive areas; post or transmit any unlawful, threatening, abusive, hateful, offensive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder post or transmit any information, software or other material which contains a virus or other harmful component; post or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising. You understand that SIMONSELL has no obligation to monitor the interactive areas. However, SIMONSELL reserves the right at all times (without needing further permission from you) to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in SIMONSELL's sole discretion are objectionable or in violation of these Terms and Conditions. For our policy in responding to subpoenas, see our Privacy Policy DISCLAIMER SIMONSELL HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES\") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. SIMONSELL DOES NOT OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED \"AS IS\" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SIMONSELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMONSELL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SIMONSELL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT SIMONSELL) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

 

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall SIMONSELL be liable to you for any damages of any kind (including, but not limited to, compensatory damages, lost profits, lost data or any form of special, incidental, indirect, consequential or punitive damages whether based on breach of contract or warranty, tort, product liability or otherwise) that result from the use of, or the inability to use, this site or the Materials. You specifically acknowledge and agree that SIMONSELL is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any SIMONSELL material, or with any of SIMONSELL's terms and conditions, your sole and exclusive remedy is to discontinue using SIMONSELL. You agree to indemnify, defend and hold SIMONSELL, directors, officers, employees, and applicable third parties(collectively "Indemnified Person(s)\") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of all services, the Materials, and/or Your breach of any term of this Agreement.

  

TERMINATION

This agreement is effective until terminated by SimonSell LLC, at any time without notice. CHANGED TERMS SIMONSELL reserves the right at its discretion to change or modify these Terms and Conditions or to impose new conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any lawful means including, without limitation, posting of such changes on this page. OTHER This agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.