Terms of Use
Last Updated: 17 January 2024
Welcome to the website for Simply QMS LLC and the SimplyQMS service (“SimplyQMS” or “we”). The following terms and conditions, together with any documents they expressly incorporate by reference, including without limitation the Privacy Policy (collectively, these “Terms of Use”), govern your access to and use of simplyqms.com including any content, functionality, and services therein (the “Site”). “You” means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (a) you have full legal authority to bind your employer or such entity to these Terms; (b) you have read and understand these Terms; and © you agree to these Terms on behalf of the party that you represent. Please note that if you sign up for an account using an email address from your employer or another entity, you will be deemed to represent such party. Your acceptance of these Terms will bind your employer or that entity to these Terms.
Please read the Terms of Use carefully before you use the Site. BY ACCESSING, BROWSING AND/OR USING THE SITE (INCLUDING YOUR SUBMISSION OF INFORMATION TO THIS SITE), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH IS INCORPORATED HEREIN BY REFERENCE), AND TO COMPLY WITH ALL APPLICABLE UNITED STATES LAWS AND REGULATIONS. You agree that the Terms of Use, combined with your act of using the Site, have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet this requirement, you must not access or use the Site.
What These Terms Cover
These Terms govern our Site, Products, related Support, and Additional Services. These Terms include Our Policies, the Product-Specific Terms, and your Orders. Some Products may be subject to additional terms specific to that product as set forth in the Product specific Terms. By accessing or using a product covered by the Product specific Terms, you also agree to the Product specific Terms.
Intellectual Property
The text and images on the Site are for the personal, noncommercial use of the public. All content, data, logos, and trademarks, including without limitation the name SIMPLYQMS and all other intellectual property used on this Site are subject to the copyright and/or trademark laws of the United States and, except where noted otherwise, are the exclusive property of Simply QMS LLC. Commercial use, electronic re-publication, or print publication of text, logos, images, or other content is strictly prohibited without prior written permission. We respect the intellectual property of others. If you believe that our Site infringes your intellectual property, please contact us at: info@simplyqms.com.
Security and Data Privacy
We implement and maintain physical, technical, and administrative security measures designed to protect Your Data from unauthorized access, destruction, use, modification, or disclosure.
We collect certain data and information about you and your End Users in connection with your and your End Users’ use of the Site and otherwise in connection with these Terms. We collect and use all such data and information in accordance with our Privacy Policy, which you acknowledge.
Nothing in these Terms prevents us from disclosing Your Data to the extent required by law, subpoenas, or court orders, but we will use commercially reasonable efforts to notify you when permitted to do so. We strive to balance your privacy rights with other legal requirements.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter” or “spam” or any other similar solicitation;
• To impersonate or attempt to impersonate SimplyQMS, a SimplyQMS employee or representative, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• To engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by us, may harm the Site or users of the Site or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
• Use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.
Your Privacy Rights
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links to Other Sites
We are not responsible for the contents of any linked website that may be contained on our Site, any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by SimplyQMS of that website and is provided only for informational purposes.
Warranty & Disclaimer
THE CONTENT, SERVICES, INFORMATION, AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. SIMPLYQMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SIMPLYQMS DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL BE UNINTERRUPTED, CONTINUOUS, OR ERROR-FREE. IN NO EVENT SHALL SIMPLYQMS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR RELATED ENTITIES, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE OR ANY LINKED SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification and Limitation of Liability
You shall indemnify, defend, and hold harmless SimplyQMS and its affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, from and against any and all damages, claims, and actions resulting from your use of the Site in violation of these Terms of Use or the infringement by you of any intellectual property rights or other proprietary rights of any person or entity. IN NO EVENT WILL SIMPLYQMS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION PROVIDED ON THIS SITE OR FOR ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Modifications to Terms of Use
SimplyQMS, in its sole discretion, reserves the right to update, revise, supplement, or otherwise modify these Terms of Use, and, from time to time, to impose new or additional terms and conditions on your use of the Site. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in these Terms of Use as “Additional Terms”) will be effective immediately and incorporated into these Terms of Use upon notice thereof, which may be given by any reasonable means, including by posting to the Site. Your continued viewing or use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
Waiver
SimplyQMS’ failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement, and no delay or omission on the part of SimplyQMS to exercise or take advantage of any right or remedy that we have or may have hereunder will operate as a waiver of any right or remedy.
Breach and Termination
If you breach any provision of these Terms of Use, we may issue a warning, temporarily suspend, or permanently prevent your access to all or certain parts of the Site. In any event, we may terminate these Terms of Use (and your right to use the Site) at any time and for any reason without prior notice to you.
No agency
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and us by these Terms of Use.
Severability
In the event that any of the provisions of these Terms shall be held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portion hereof shall remain in full force and effect and such a provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provisions valid and enforceable.
Jurisdiction
This Site is controlled by Simply QMS LLC, which is headquartered in the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Site both you and SimplyQMS agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Site or the information contained herein. You and SimplyQMS also agree and hereby submit to the exclusive, personal jurisdiction and venue of state and federal courts residing in California, and waive any jurisdictional or venue defenses otherwise available. SimplyQMS makes no representation that materials on the Site are appropriate or available for use in other locations, 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. If you are located anywhere outside of the United States, please be aware that information we collect, including personal information, will be transferred to, processed, and stored in the United States.
How to Contact Us
If you have any questions or comments about these Terms of Use please contact info@simplyqms.com.