Web Site Terms and Conditions of Use

1. Terms

By registering with www.simplecardsort.com ("the Site") , you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

a. Simple Card Sort shall provide the card sort software service ("the Service") for the period purchased ("the Term"). The Service shall be supplied by allowing you to create card sort projects and collect participant test results at the Site.

b. Subject to the terms of this Agreement, Simple Card Sort hereby grants you a limited, non-exclusive, personal, non-sub-licensable, non-assignable license to access and use the Service for the Term on any browser or other applicable device owned or controlled by you, as described in the documentation, and subject to and in strict compliance with the restrictions described in this Agreement.

3. Termination

These Terms of Use and the Service may be terminated at the discretion of Simple Card Sort without notice to you. Simple Card Sort shall not be liable to you or any third party in any manner for termination of the Service. If you are dissatisfied with the service, the materials available on or through the Service or the Site, or with any of the terms of this agreement, your sole and exclusive remedy is to discontinue using the Service, give notice to Simple Card Sort of these actions, and leave the Site immediately. Upon termination, the right to use the Service and the Site cease immediately and Simple Card Sort shall have no obligation whatsoever to forward or make available any card sort projects, responses or results.

4. Disclaimer

a. You expressly acknowledge and agree that use of the Service and the Site is at your sole risk. The Service and the Site are provided on an "as is" and "as available" basis. Simple Card Sort makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Simple Card Sort does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or otherwise relating to such materials or on any sites linked to this site. The contents of the Service or the Site may contain bugs, errors, problems or other limitations. Simple Card Sort assumes no liability or responsibility for any errors or omissions in content.

b. Simple Card Sort does not warrant or make any representations regarding the use or the consequences of the use of any card sorts, responses or results ?nor does Simple Card Sort warrant the correctness, usefulness, reliability, accuracy or otherwise of any study, responses or results. Simple Card Sort is not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on any card sort projects, responses or results created on or through the Service or the Site. It is your sole responsibility to evaluate the accuracy, reliability, completeness and usefulness of any card sort projects, responses or results or other information received while using the Service or Site.

c. Simple Card Sort makes no warranty that the Service or Site will meet your requirements or that the Service will be uninterrupted, timely, secure, virus-free, error-free, accurate or reliable; nor does Simple Card Sort make any warranty as to any information that may be obtained through the service or site or that defects in the software for the service will be corrected or that the site is free of viruses or other harmful components.

d. Simple Card Sort makes no warranty regarding any goods or services purchased or obtained through the Service or Site or any transactions entered into through or based upon the Service or the Site. No advice or information, whether oral or written, obtained from the Service or Site or through the Service or Site shall create any warranty not expressly made herein.

5. Limitations

In no event shall Simple Card Sort or its suppliers be liable for any indirect, special, incidental, consequential or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of access to, use of, inability to use, or reliance on the Service, materials, or content on the Site, even if Simple Card Sort or a Simple Card Sort authorized representative has been notified orally or in writing of the possibility of such damage.

6. Revisions and Errata

The materials appearing on the Site could include technical, typographical, or photographic errors. Simple Card Sort does not warrant that any of the materials on its web site are accurate, complete, or current. Simple Card Sort may make changes to the materials contained on the Site at any time without notice. Simple Card Sort does not, however, make any commitment to update the materials.

7. Links

Simple Card Sort has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Simple Card Sort of the site. Use of any such linked web site is at your own risk.

8. Indemnification

You agree to defend, indemnify and hold harmless Simple Card Sort, its officers and employees, from any and all claims and demands brought by a third party, including attorneys fees, due to or arising from the use of the Service, projects, responses, results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use.

9. Site Terms of Use Modifications

Simple Card Sort may revise these Terms of Use for the Site at any time without notice. By using the Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

10. Prohibited Uses.

You acknowledge, warrant and agree that:

You will comply with all laws, rules and regulations regarding transmission of technical data exported from the United States. If you engage in any activity set forth in this paragraph or violate any terms or conditions of the Terms and Conditions of Use, your account will be terminated and use of the Service and Site prohibited. We may report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities. Simple Card Sort reserves the right to pursue any and all legal remedies available to it for the violation of these Terms and Conditions of Use or any other applicable federal, state, or local laws.

11. Governing Law

Any claim relating to the Site shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. Any claim or demand under these Terms of Use must be made within 6 months of the occurrence of the underlying facts.