Terms of use
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ACCEPTANCE OF TERMS
simplePDM ("simplePDM") welcomes you. simplePDM provides
the simplePDM Services (defined below) to you subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. By accessing and using the simplePDM Services, you
accept and agree to be bound by the terms and provision of the TOS. In
addition, when using particular simplePDM owned or operated services, you
and simplePDM shall be subject to any posted guidelines or rules
applicable to such services, which may be posted and modified from time to
time. All such guidelines or rules are hereby incorporated by reference
into the TOS. simplePDM may also offer other services that are governed by
different Terms of Service. -
DESCRIPTION OF simplePDM SERVICES
simplePDM provides users with access to a rich collection of
resources, including without limitation various communications tools,
forums, shopping services, through its network of properties which may be
accessed through any various medium or device now known or hereafter
developed (the "simplePDM Services"). You also understand and agree that
the simplePDM Services may include advertisements and that these
advertisements are necessary for simplePDM to provide the simplePDM
Services. You also understand and agree that the simplePDM Services may
include certain communications from simplePDM, such as service
announcements, administrative messages and the simplePDM Newsletter, and
that these communications are considered part of simplePDM membership and
you will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the current
simplePDM Services, including the release of new simplePDM properties,
shall be subject to the TOS. You understand and agree that the simplePDM
Services is provided "AS-IS" and that simplePDM assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for
obtaining access to the simplePDM Services, and that access may involve
third-party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with
the display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the simplePDM
Services.You understand that the technical processing and transmission
of the simplePDM Services, including your Content, may involve (a)
transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices. -
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the simplePDM Services, you
represent that you are of legal age to form a binding contract and are not
a person barred from receiving the simplePDM Services under the laws of
the United States or other applicable jurisdiction. You also agree to: (a)
provide true, accurate, current and complete information about yourself as
prompted by the simplePDM Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or simplePDM has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, simplePDM has the right to suspend or terminate
your account and refuse any and all current or future use of the simplePDM
Services (or any portion thereof). -
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon
completing the simplePDM Service's registration process. You are
responsible for maintaining the confidentiality of the password and
account and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify simplePDM of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end of
each session. simplePDM cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section 5. -
MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages, tags, or other
materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content
originated. This means that you, and not simplePDM, are entirely
responsible for all Content that you upload, post, email, transmit or
otherwise make available via the simplePDM Services. simplePDM does not
control the Content posted via the simplePDM Services and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the simplePDM Services, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will simplePDM be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via the
simplePDM Services.You agree to not use the simplePDM Services to:
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upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable; -
harm minors in any way;
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impersonate any person or entity, including, but not
limited to, a simplePDM official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person
or entity; -
forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the
simplePDM Service; -
upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available under any
law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements); -
upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party; -
upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, except in those areas (such as shopping) that
are designated for such purpose; -
upload, post, email, transmit or otherwise make available
any material that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment; -
disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the simplePDM Services are able to
type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges; -
interfere with or disrupt the simplePDM Services or
servers or networks connected to the simplePDM Services, or disobey
any requirements, procedures, policies or regulations of networks
connected to the simplePDM Services, including using any device,
software or routine to bypass our robot exclusion headers; -
intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities
exchange; -
provide material support or resources (or to conceal or
disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United
States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act; -
"stalk" or otherwise harass another; and/or
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collect or store personal data about other users in
connection with the prohibited conduct and activities set forth in
paragraphs a through m above.
You acknowledge that simplePDM may or may not pre-screen
Content, but that simplePDM and its designees shall have the right (but
not the obligation) in their sole discretion to pre-screen, refuse, or
remove any Content that is available via the simplePDM Services. Without
limiting the foregoing, simplePDM and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you
may not rely on any Content created by simplePDM or submitted to
simplePDM, including without limitation information in simplePDM Message
Boards and in all other parts of the simplePDM Services.You acknowledge, consent and agree that simplePDM may access,
preserve and disclose your account information and Content if required to
do so by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (i) comply with legal process; (ii)
enforce the TOS; (iii) respond to claims that any Content violates the
rights of third parties; (iv) respond to your requests for customer
service; or (v) protect the rights, property or personal safety of
simplePDM, its users and the public.You understand that the simplePDM Services and software
embodied within the simplePDM Services may include security components
that permit digital materials to be protected, and that use of these
materials is subject to usage rules set by simplePDM and/or content
providers who provide content to the simplePDM Services. You may not
attempt to override or circumvent any of the usage rules embedded into the
simplePDM Services. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the
simplePDM Services, in whole or in part, is strictly prohibited. -
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INTERSTATE NATURE OF COMMUNICATIONS ON simplePDM
NETWORKWhen you register with simplePDM, you acknowledge that in
using the simplePDM Services to send electronic communications (including
but not limited to email, search queries and other Internet activities),
you will be causing communications to be sent through simplePDM's computer
networks, portions of which are located in the United States and portions
of which are located abroad. As a result, and also as a result of
simplePDM's network architecture and business practices and the nature of
electronic communications, even communications that seem to be intrastate
in nature can result in the transmission of interstate communications
regardless of where you are physically located at the time of
transmission. Accordingly, by agreeing to this TOS, you acknowledge that
use of the service results in interstate data transmissions. -
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND
IMPORT COMPLIANCERecognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable
Content. Use of the simplePDM Services and transfer, posting and uploading
of software, technology, and other technical data via the simplePDM
Services may be subject to the export and import laws of the United States
and other countries. You agree to comply with all applicable export and
import laws and regulations. In particular, you: (a) represent that you
are not a party identified on any government export exclusion list,
including but not limited to the U.S. Denied Persons, Entity, and
Specially Designated Nationals Lists, nor will you transfer software,
technology, and other technical data via the simplePDM Services to parties
identified on such lists; (b) agree not to use the simplePDM Services for
military, nuclear, missile, chemical or biological weaponry end uses in
violation of U.S. export laws; (c) agree not to transfer, upload, or post
via the simplePDM Services any software, technology or other technical
data in violation of U.S. or other applicable export or import laws.
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CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
simplePDM SERVICESsimplePDM does not claim ownership of Content you submit or
make available for inclusion on the simplePDM Services. However, with
respect to Content you submit or make available for inclusion on publicly
accessible areas of the simplePDM Services, you grant simplePDM the
following worldwide, royalty-free and non-exclusive license(s), as
applicable:-
With respect to Content you submit or make available for
inclusion on publicly accessible areas of simplePDM, the license to
use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the simplePDM Services solely for the
purposes of providing and promoting the specific simplePDM Group to
which such Content was submitted or made available. This license
exists only for as long as you elect to continue to include such
Content on the simplePDM Services and will terminate at the time you
remove or simplePDM removes such Content from the simplePDM
Services. -
With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of
the simplePDM Services, the license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on
the simplePDM Services solely for the purpose for which such Content
was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the simplePDM
Services and will terminate at the time you remove or simplePDM
removes such Content from the simplePDM Services. -
With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion on publicly
accessible areas of the simplePDM Services, the perpetual, irrevocable
and fully sublicensable license to use, distribute, reproduce, modify,
adapt, publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later
developed.
"Publicly accessible" areas of the simplePDM Services are
those areas of the simplePDM network of properties that are intended by
simplePDM to be available to the general public. By way of example,
publicly accessible areas of the simplePDM Services would include
simplePDM Message Boards that are open to both members and visitors.
However, publicly accessible areas of the simplePDM Services would not
include portions of simplePDM Groups that are limited to members,
simplePDM services intended for private communication or areas off of the
simplePDM network of properties such as portions of World Wide Web sites
that are accessible via hypertext or other links but are not hosted or
served by simplePDM. -
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CONTRIBUTIONS TO simplePDM
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to simplePDM through its suggestion or feedback
webpages, you acknowledge and agree that: (a) your Contributions do not
contain confidential or proprietary information; (b) simplePDM is not
under any obligation of confidentiality, express or implied, with respect
to the Contributions; (c) simplePDM shall be entitled to use or disclose
(or choose not to use or disclose) such Contributions for any purpose, in
any way, in any media worldwide; (d) simplePDM may have something similar
to the Contributions already under consideration or in development; (e)
your Contributions automatically become the property of simplePDM without
any obligation of simplePDM to you; and (f) you are not entitled to any
compensation or reimbursement of any kind from simplePDM under any
circumstances. -
INDEMNITY
You agree to indemnify and hold simplePDM and its
subsidiaries, affiliates, officers, agents, employees, partners and
licensors harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post, transmit, modify or otherwise make available through the
simplePDM Services, your use of the simplePDM Services, your connection to
the simplePDM Services, your violation of the TOS, or your violation of
any rights of another. -
NO COMMERCIAL REUSE OF simplePDM SERVICES
You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion or use of, or
access to, the simplePDM Services (including Content, advertisements,
Software and your simplePDM ID). -
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that simplePDM may establish general
practices and limits concerning use of the simplePDM Services, including
without limitation the maximum number of days that group posts, message
board postings or other uploaded Content will be retained by the simplePDM
Services, the maximum number of email messages that may be sent from or
received by an account on the simplePDM Services, the maximum disk space
that will be allotted on simplePDM's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may
access the simplePDM Services in a given period of time. You agree that
simplePDM has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content maintained
or transmitted by the simplePDM Services. You acknowledge that simplePDM
reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that simplePDM reserves the right
to modify these general practices and limits from time to time. -
MODIFICATIONS TO simplePDM SERVICES
simplePDM reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the simplePDM
Services (or any part thereof) with or without notice. You agree that
simplePDM shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the simplePDM Services (or
any part thereof). -
TERMINATION
You may terminate your simplePDM account and access to the
simplePDM Services by submitting such termination request to simplePDM.
You agree that simplePDM may, without prior notice,
immediately terminate, limit your access to or suspend your simplePDM
account and access to the simplePDM Services. Cause for such termination,
limitation of access or suspension shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or
guidelines, (b)requests by law enforcement or other government agencies,
(c) discontinuance or material modification to the simplePDM Services (or
any part thereof), (d) unexpected technical or security issues or
problems, (e) extended periods of inactivity, (f) engagement by you in
fraudulent or illegal activities, and/or (g) nonpayment of any fees owed
by you in connection with the simplePDM Services. Further, you agree that
all terminations, limitations of access and suspensions for cause shall be
made in simplePDM's sole discretion and that simplePDM shall not be liable
to you or any third party for any termination of your account, any
associated email address, or access to the simplePDM Services.Termination of your simplePDM account includes any or all of
the following: (a) removal of access to all or part of the offerings
within the simplePDM Services, (b) deletion of your password and all
related information, files and content associated with or inside your
account (or any part thereof), and (c) barring of further use of all or
part of the simplePDM Services. -
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the
simplePDM Services, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser.
You agree that simplePDM shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the simplePDM
Services. -
LINKS
The simplePDM Services may provide, or third parties may
provide, links to other World Wide Web sites or resources. You acknowledge
and agree that simplePDM is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree
that simplePDM shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such site or resource. -
simplePDM'S PROPRIETARY RIGHTS
You acknowledge and agree that the simplePDM Services and any
necessary software used in connection with the simplePDM Services
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in advertisements or
information presented to you through the simplePDM Services or by
advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly permitted by
applicable law or as authorized by simplePDM or the applicable licensor
(such as an advertiser), you agree not to modify, rent, lease, loan, sell,
distribute, transmit, broadcast, publicly perform or create derivative
works based on the simplePDM Services, such Content or the Software, in
whole or in part.simplePDM grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on
a single computer; provided that you do not (and do not allow any third
party to) copy, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any
right in the Software. You agree not to modify the Software in any manner
or form, nor to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
simplePDM Services. You agree not to access the simplePDM Services by any
means other than through the interface that is provided by simplePDM for
use in accessing the simplePDM Services. -
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE simplePDM SERVICES AND SOFTWARE ARE AT
YOUR SOLE RISK. THE simplePDM SERVICES AND SOFTWARE ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. -
simplePDM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i)
THE simplePDM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
THE simplePDM SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE simplePDM SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE simplePDM
SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS
IN THE SOFTWARE WILL BE CORRECTED. -
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE simplePDM SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY
WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY
DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY
DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. -
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM simplePDM OR THROUGH OR FROM THE simplePDM
SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT simplePDM AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF simplePDM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE
simplePDM SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE simplePDM
SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE simplePDM SERVICE. -
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 19 AND 20 MAY NOT APPLY TO YOU. -
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in
this TOS, there shall be no third-party beneficiaries to this
agreement. -
NOTICE
simplePDM may provide you with notices, including those
regarding changes to the TOS, including by but not limited to email,
regular mail, SMS, MMS, text message, postings on the simplePDM Services,
or other reasonable means now known or hereafter developed. Such notices
may not be received if you violate this TOS by accessing the simplePDM
Services in an unauthorized manner. Your agreement to this TOS constitutes
your agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed the simplePDM Services in
an authorized manner. -
TRADEMARK INFORMATION
You agree that all of simplePDM’s trademarks, trade names,
service marks and other simplePDM logos and brand features, and product
and service names are trademarks and the property of simplePDM (the
"simplePDM Marks"). Without simplePDM's prior permission, you agree not to
display or use in any manner the simplePDM Marks. -
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENTsimplePDM respects the intellectual property of others, and
we ask our users to do the same. simplePDM may, in appropriate
circumstances and at its discretion, disable and/or terminate the accounts
of users who may be repeat infringers. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide
simplePDM's Copyright Agent the following information:-
an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright or other
intellectual property interest; -
a description of the copyrighted work or other
intellectual property that you claim has been infringed; -
a description of where the material that you claim is
infringing is located on the site; -
your address, telephone number, and email address;
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a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent,
or the law; -
a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the
copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
simplePDM's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By email: info@simplepdm.com -
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GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire
agreement between you and simplePDM and governs your use of the simplePDM
Services, superseding any prior version of this TOS between you and
simplePDM with respect to the simplePDM Services. You also may be subject
to additional terms and conditions that may apply when you use or purchase
certain other simplePDM services, affiliate services, third-party content
or third-party software.Waiver and Severability of Terms. The failure of
simplePDM to exercise or enforce any right or provision of the TOS shall
not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.No Right of Survivorship and Non-Transferability. You
agree that your simplePDM account is non-transferable and any rights to
your simplePDM ID or contents within your account terminate upon your
death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.Statute of Limitations. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the simplePDM Services or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.The section titles in the TOS are for convenience only and
have no legal or contractual effect. -
VIOLATIONS
Please report any violations of the TOS by
email: info@simplepdm.com

