When using the services of Surfsimple Technologies, Inc. ("Surfsimple Technologies") you agree to the following terms and conditions (the "Terms of Service"). You may view the most current version of these Terms of Service at this page. In addition, when using particular Surfsimple Technologies services, you will be subject to any posted guidelines applicable to such services. All such guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service please do not use the site and do not register to be a member of Surfsimple Technologies. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the Surfsimple Technologies Service following the posting of changes to these terms will mean you accept those changes.

Overview
Surfsimple Technologies provides telephone notification services through its website and software modules (collectively these services and website are referred to as "Surfsimple Technologies Service"). These Terms of Service apply to the Surfsimple Technologies Service as well as any new products or services that we may add in the future (unless stated otherwise).

General Terms of Service and Restrictions on Use of Materials
By using the Surfsimple Technologies Service, you agree to be legally bound and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, Surfsimple Technologies reserves the right to terminate your access to the Surfsimple Technologies Service. Surfsimple Technologies may discontinue or alter any aspect of the Surfsimple Technologies Service, including, but not limited to, (i) restricting the time the Surfsimple Technologies Service is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Surfsimple Technologies Service, at Surfsimple Technologies's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Surfsimple Technologies Service through an available access number. You are also responsible for obtaining or providing all access lines, telephone and computer equipment (including modem), or other device, necessary to access the Surfsimple Technologies Service. You are responsible for payment of the applicable fee for the Surfsimple Technologies Service.

In order to permit Surfsimple Technologies to protect the quality of its products and services, you hereby consent to Surfsimple Technologies employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse.

You acknowledge that the Surfsimple Technologies Service contains information, software, hardware, text, voice, technology or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or here after developed of Surfsimple Technologies or third party providers. Content is copyrighted as a collective work under the U.S. copyright laws, and Surfsimple Technologies owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The Surfsimple Technologies name and logo are trademarks of Surfsimple Technologies, Inc. All other trademarks appearing on the Surfsimple Technologies Service are trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content or Surfsimple Technologies Service, in whole or in part. In the event you are authorized to download software provided by Surfsimple Technologies, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Surfsimple Technologies. Surfsimple Technologies does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Third party software provided as part of or in connection with Surfsimple Technologies Services are subject to terms of the end user license that accompanies such software. Additional license terms may be set forth in specific supplemental terms that accompany Software. To the extent of any conflict between the terms of the Agreement and terms of any supplemental terms, the supplemental terms will prevail.
Surfsimple Technologies grants you a limited license to access and make personal use of its website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Surfsimple Technologies. You may not access, download or use the Content, products or services contained on Surfsimple Technologies's website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations. You agree to abide by all state, federal, and all other applicable laws and regulations.

You further agree not to use the Surfsimple Technologies Service for any of the following activities: (i) sell or resell; (ii) collection or use of any product or services listings, descriptions, or prices without the written consent of Surfsimple Technologies; (iii) derivative use; (iv) downloading or copying of account information for the benefit of another merchant; or (v) use data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Surfsimple Technologies and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Surfsimple Technologies's name or trademarks without the express written consent of Surfsimple Technologies. Any unauthorized use terminates all permissions or licenses granted by Surfsimple Technologies. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Surfsimple Technologies so long as the link does not portray Surfsimple Technologies, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Surfsimple Technologies logo or other proprietary graphic or trademark as part of the link without express written permission.

Registration
If you elect to register to use the Surfsimple Technologies Service you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Surfsimple Technologies Service's registration form (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data to keep it accurate; (c) and maintain one account. If you provide any information that is untrue, inaccurate, or incomplete, or Surfsimple Technologies has reasonable grounds to suspect that such is the case, Surfsimple Technologies has the right to suspend or terminate your account and refuse any and all current or future use of the Surfsimple Technologies Service (or any portion thereof).

Surfsimple Technologies's Privacy Policy
Surfsimple Technologies takes steps to ensure that your information is treated securely and in accordance with our Terms of Service. Unfortunately, no data transmission over the Internet can be guaranteed secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us or from our online products or services, and you use these services at your own risk. We recommend that you do not divulge your password to anyone. Surfsimple Technologies will not ask you for your password in an unsolicited phone call or in an unsolicited email. You the consumer are ultimately responsible for the security of your member name and password. We use the personal information you supply us, including your registration data, to enhance our services, fulfill your requests for products, programs, or services, personalize your experience and provide you with special offers via email that we think you will find valuable. Furthermore, Surfsimple, Inc. retains the right to use the data to provide targeted advertising to you. You the consumer also give Surfsimple the right to use or share your data for the purposes of creating an emergency contact profile. You may opt-out at any time from receiving e-mail messages from us. Surfsimple Technologies may be required by law enforcement or judicial authorities to provide personally identifiable information to appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information upon receipt of the appropriate documentation. Surfsimple Technologies may also provide information to law enforcement to protect its property and the health and safety of individual as permitted by statute. Surfsimple Technologies may also disclose personally identifiable information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the public or under confidentiality agreements with certain third parties which assist us in developing, operating and maintaining the Surfsimple Technologies Service.

DISCLAIMER
Surfsimple Technologies uses diligent efforts to maintain the Surfsimple Technologies Service, but Surfsimple Technologies is not responsible for any defects or failures associated with the Surfsimple Technologies Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE Surfsimple Technologies SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. Surfsimple Technologies EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, Surfsimple Technologies MAKES NO WARRANTY THAT THE Surfsimple Technologies SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE Surfsimple Technologies SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE Surfsimple Technologies SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Surfsimple Technologies SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM Surfsimple Technologies PERSONNEL OR THROUGH THE Surfsimple Technologies SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Surfsimple Technologies SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Surfsimple Technologies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCURRED BY YOU OR ANY THIRD PARTY RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE Surfsimple Technologies SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Surfsimple Technologies SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE Surfsimple Technologies SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE Surfsimple Technologies SERVICE OR OPERATION OF THE Surfsimple Technologies. IN NO EVENT SHALL Surfsimple Technologies'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE Surfsimple Technologies SERVICE.

Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Surfsimple Technologies, ITS AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF Surfsimple Technologies SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY Surfsimple Technologies OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and Modification
You agree that Surfsimple Technologies, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Surfsimple Technologies Service, and remove and discard any Content within the Surfsimple Technologies Service, for any reason, including, without limitation, for lack of use or if Surfsimple Technologies believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Surfsimple Technologies may also in its sole discretion and at any time discontinue providing the Surfsimple Technologies Service, or any part thereof, with or without notice. You agree that any termination of your access to the Surfsimple Technologies Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Surfsimple Technologies may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Surfsimple Technologies Service. Further, you agree that Surfsimple Technologies shall not be liable to you or any third-party for any termination of your access to the Surfsimple Technologies Service.

Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Clara County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Surfsimple Technologies relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Surfsimple Technologies's successors, assigns and licensees.