Welcome to the website of Simple Verity Inc. ("Simple Verity") located at www.simpleverity.com (the "Site"). Please read these Terms of Service (the "Terms") carefully because they govern your use of our Site and our service of collecting, validating, and compiling business credit data. To make these Terms easier to read, the Site and our services are collectively called the "Services."
By using our Services, you agree to be bound by these Terms. If you don't agree to these Terms, do not use the Services.
Users who use our Services to make inquiries about one or more businesses are called "Creditors." Creditors may make a single inquiry, or may have a monitoring subscription to make inquiries on an ongoing basis.
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the modified Terms because if you continue to use the Services after we've let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if (i) you are 18 years or older and capable of forming a binding contract with Simple Verity and are not barred from using the Services under applicable law and (ii) do not reside in a European Union member country.
If you want to use certain features of the Services you'll have to create an account ("Account"). It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
By providing any information ("Information") other than a confidential Watchlist through the Services, and subject to these Terms, you hereby grant to Simple Verity a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, to use, copy, distribute, publicly display, publicly perform and distribute your Information in connection with operating and providing the Services to you and to other Account holders to whom you grant access.
You represent and warrant that you own all your Information. You also represent and warrant that the use of your Information will not result in the violation of any applicable law or regulation.
Subject to your compliance with these Terms, Simple Verity grants you a limited, non-exclusive, non-transferable license to download, view, copy, display and print certain Information solely in connection with your permitted use of the Services.
You acknowledge that Information we provide to you may be covered by copyright or other intellectual property protections, and agree and stipulate that the original creative choices by Simple Verity as to the selection, coordination, presentation and arrangement of the Information render even factual Information an original work of authorship.
When and if we provide you Information about a business, and prior to you taking any adverse action regarding that business, you agree to take reasonable measures to verify the Information. You further agree that any Information we provide you in connection with an inquiry or monitoring will be used, if at all, only to initiate or inform a more thorough investigation. You agree not to make any credit decision solely in reliance upon Information we provide.
When you register for an Account and purchase a subscription to the Services, all information that you provide in connection with a purchase to access the Services must be accurate, complete, and current. You agree to pay the fees applicable to your use of the Services and give Simple Verity permission to charge your credit card or allow Simple Verity to use a third party service provider to do so. If we approve you for open account terms, you agree to pay all invoices as presented when due. You will pay the applicable taxes, if any, relating to such purchases.
You agree not to do any of the following:
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: "Use of Information," "Warranty Disclaimers," "Indemnity," "Limitation of Liability," and "General Terms."
THE SERVICES AND INFORMATION ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Information that is provided by, or provided to, a Creditor, Subject or Reference.
You will indemnify and hold harmless Simple Verity and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Information; (ii) your Information; or (iii) your violation of these Terms.
NEITHER SIMPLE VERITY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR INFORMATION WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIMPLE VERITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SIMPLE VERITY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR INFORMATION EXCEED THE AMOUNTS YOU HAVE PAID TO SIMPLE VERITY FOR USE OF THE SERVICES OR INFORMATION OR [ONE HUNDRED DOLLARS] ([$100]), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SIMPLE VERITY, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SIMPLE VERITY AND YOU.
These Terms constitute the entire and exclusive understanding and agreement between Simple Verity and you regarding the Services and Information, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Simple Verity and you regarding the Services and Information. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms and any action related thereto will be governed by the laws of the State of Washington without regard to its conflict of laws provisions.
You may not assign or transfer these Terms, by operation of law or otherwise, without Simple Verity's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Simple Verity may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Simple Verity under these Terms, including those regarding modifications to these Terms, will be given: by Simple Verity (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Simple Verity's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Simple Verity. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please contact Simple Verity at email@example.com or (855) 583-7489.This service is operated by Simple Verity Inc., Seattle, Washington, 98104. If you have any questions, please contact us at firstname.lastname@example.org.