This Website and the Simpletrace services offered at this site (collectively, the “Site”)
are provided to you by OpenTek, LLC (together with its affiliates, successors and assigns, the “Company”), subject
to the following terms and conditions of use.
, for disclosures relating to the collections
and use of your personal information. You agree not to provide any information to the Company via this Site or via e-mail unless
you are at least 13 years old.
The Company reserves the right to change the terms, conditions and notices under which Simpletrace services are offered including,
the Terms as changed.
Copyright and Trademarks
All content and software included on this Site, and the Site itself, is owned by the Company or its content providers and is
protected by United States and international copyright law. You agree not to display or use the Company’s trademarks in
any manner without the Company’s prior written consent. You should assume that everything you see, hear, or otherwise receive
from or on this Site is copyright, trademark, trade dress or other intellectual property owned or licensed by the Company. You
may create hyperlinks to the home page of the Site, provided that you do not portray the Company in a false, misleading or derogatory
manner and you do not use any Company trademark as part of the link without express written permission. You may not use any “framing”
or similar techniques to enclose any portion of the Site. The Company reserves all rights not expressly granted herein.
Disclaimer of Warranties and Limitation of Liability
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED WITHIN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE PRODUCTS, AND SERVICES
ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE, THE
OPERATION OR FUNCTION OF THE SITE, OR ANY SERVICES OFFERED THROUGH OR FROM THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. THE COMPANY WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATING TO YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL,
COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Dispute Resolution and Governing Law
This Site is created and controlled by the Company from the State of Washington, USA. The laws of the State of Washington will
between you and the Company relating to your use of this Site shall be adjudicated in the state or federal courts located in
Seattle, Washington, and you consent to the exclusive jurisdiction and venue of such courts. You agree to defend, indemnify and
hold harmless the Company and its officers, directors, employees and licensors from and against any and all claims, damages,
costs and expenses, including attorneys' fees, arising from or related to your use of this Site in violation of any of the Terms
Links to Other Sites
This Site may provide links to third party sites as a convenience. Your use of such links is at your sole risk. No link from
this Site should be construed as the Company’s endorsement of any third party, its Website, or its goods or services, and
the Company expressly disclaims all liability relating to your use of third party sites.
Third Party Account Information
By using the Site, you authorize the Company and its agents to access third party sites designated by you or on your behalf,
to retrieve information requested by you, and you appoint the Company and its agents as your agent for this purpose. Each time
you enter the Site with your login information, you are permitting the Company to process your request and use information submitted
by you to accomplish the foregoing.
We welcome your comments regarding this Site. If you are dissatisfied with the Site, your sole and exclusive legal remedy is
to discontinue use. YOU AGREE THAT any comments, ideas, suggestions or other information (other than personal information) that
you transmit to the Company via the Site or e-mail are not confidential or proprietary, SHALL AUTOMATICALLY BECOME THE PROPERTY
OF THE COMPANY, WITHOUT COMPENSATION TO YOU, and the Company shall be free to use such information on an unrestricted basis (EVEN
GIVE THEM TO OTHERS).
Termination Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Site at any time, without notice.