Terms of Service

Thank you for visiting us at www.simplyfyi.com ("Website"). Use and access of this Website, and the email, text and voice messaging services described below (the "Service"), is subject to these terms and conditions of use (the "Terms") as well as our Privacy Policy.

YOU MUST ACCEPT THE BELOW TERMS OF SERVICE TO USE simplyFYI™.

IF YOU DO NOT AGREE WITH ANY OF THE TERMS, PLEASE LEAVE THIS WEBSITE NOW. IF YOU DO NOT INTEND ON USING simplyFYI™ WITH THE TERMS DESCRIBED BELOW, YOU MAY NOT UTILIZE THIS SERVICE PROVIDED BY simplyFYI™ Communications. THANK YOU.

Overview

simplyFYI™ Communications' acceptance of your enrollment and registration for the use of the Service is expressly conditioned upon your assent to these Terms, and your use of this Website and communication services. Your registration for and use of the Service represents your implicit acceptance and consent to be bound by these Terms. Please read these Terms carefully. As noted below, simplyFYI™ Communications reserves the right to modify and update these Terms, from time to time, by posting any such new or modified Terms to the Website.

simplyFYI™ Service

The simplyFYI™ communications Service consists of one or more of the following: a web-based interface, mobile interface, access to incoming telephone number or keywords, messaging applications, email, SMS and voice gateway access, data transmission, data access, and data storage. We provide MT outbound messages through different routes, and the level of reliability and support varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g. ISP, telecommunications) incurred while using the Service.

simplyFYI™ Communications only provides that the text messages you send through the Service are processed correctly and delivered to the applicable network. simplyFYI™ Communications is not responsible for the final delivery of the message or broadcast, as this is out of our control and is the responsibility of the cell telephone operator.

simplyFYI™ Communications sends and receives text messages and voice broadcasts via major telecommunications companies and mobile network operators, and thus simplyFYI™ Communications' influence over the timing of the transmission of your messages and broadcasts are within the technical constraints imposed upon simplyFYI™ Communications. While simplyFYI™ Communications shall use commercially reasonable efforts to deliver your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the GSM network. You should know that mobile network operators assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the mobile network operator without any notice. simplyFYI™ Communications is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from simplyFYI™ Communications for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.

Usage Policy

You represent and warrant that the owners of the phone numbers you provide to simplyFYI™ Communications, or add to your distribution list to which outbound messages and broadcasts are sent through the Service, have consented or otherwise opted-in to the receipt of such messages and broadcasts. You acknowledge and agree that you will send messages and broadcasts only to individuals who have given you their express permission to be contacted and you will update your contacts list immediately in order to remove any phone number that has opted-out from receiving messages or broadcasts from the Service.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through simplyFYI™ Communications.

simplyFYI™ Communications is in no way attempting to interpret the TCPA of 1991 or any other laws, rules or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the Website or Service. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts and campaigns.

You further agree that any individual requesting "Do-Not-Call" ("DNC") status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Services and the Website. You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Website or Service.

As part of the registration process you will select a unique username and password. You shall provide simplyFYI™ Communications with accurate, complete, and regularly updated member profile information. You agree to notify simplyFYI™ Communications of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, at simplyFYI™ Communications' sole discretion, and you may be reported to appropriate law-enforcement agencies.

You accept that the Service is provided for professional use only, and you agree that your use of the Website and Service shall not include:

Sending unsolicited marketing messages or broadcasts (i.e. spam);
Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility-related telephone numbers;
Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
Harvesting, or otherwise collecting information about others, without their consent;
Misleading others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, libelous, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
Transmitting any material that contains viruses, trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs;
Interfering with, or disrupting, networks connected to the Service or violating the regulations, policies or procedures of such networks;
Attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
Interfering with another's use and enjoyment of the Service or Website; or
Engaging in any other activity that simplyFYI™ Communications believes could subject it to criminal liability or civil penalty/judgment.

You agree that simplyFYI™ Communications is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and simplyFYI™ Communications will only transmit them on a basis of good faith that you use the Service in accordance with these Terms. simplyFYI™ Communications will not be liable for any misuse of the Service by you. simplyFYI™ Communications is not responsible for the views and opinions contained in any of your messages or broadcasts.

We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Service, including the web pages that are part of the Service and the Website. Except as expressly provided in these Terms, the availability of the Service and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Website are the sole property of simplyFYI™ Communications or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not modify, alter, create any derivative works, reverse engineer, decompile or disassemble any portion of the Service or Website, including any proprietary communications protocol used by the Service or Website.

Trial Period

LIMITATIONS OF SERVICES DURING TRIAL PERIOD
simplyFYI™ Communications may provide a trial period for any of its Services. If a trial period is provided, simplyFYI™ Communications may, at its sole discretion, offer this trial at any price and for any length of time.

TERMINATION OF TRIAL SERVICES
simplyFYI™ Communications may, at its sole discretion, terminate a Client's trial period at any time during the trial period. Reasons for termination of trial period include, but are not limited to:

A) Violating the terms of this Agreement,
B) Creating an Account with invalid contact information, such as name, email address or phone number, or
C) Creating an Account that is inactive (not logged into) for thirty (30) days.

Free Trial Period

1. In the event Customer elects to use the Services on a trial basis, Customer may be billed for the contracted period customer agrees to prior to accepting trial offer. Billing may commence on the date Customer accepts this Agreement (the "Trial Period"). During the Trial Period, Customer will be limited to one keyword. The subscriber limits for the Trial Period are subject to change at any time.

2. Purchase. Pricing for the Services is based upon standard subscriber level Customer chooses to purchase as indicated in the Service Order or a negotiated Service Order. The Service Order is the portion of the software that records the Customer's subscriber level, term, subscription fee, payment method and other account information. If the customer is going to publish a text that exceeds the limits of the agreed plan for the month, the customer will be billed overage charges as set forth in customer’s pricing plan. Customer's subscriber level may be upgraded (but not downgraded) at any time during the term of their Agreement. The total number of Customer subscribers multiplied by the number of monthly messages equals the total messages sent. For example, if a Customer's subscriber list is 100 and they send seven text messages out in a month, the total messages equals 700.

3. Fees and Payment. In consideration for the Services to be provided by simplyFYI™ Communications, Customer agrees to pay the annual or monthly subscription fees set forth in the Service Order (the "Subscription Fees"). Paid Subscription Fees are non-refundable. Customer acknowledges that from time to time, delivery of email, SMS or voice messages sent using the Services may be blocked or prevented at destination cell phone carriers and email servers. Customer's payment obligation set forth herein continues regardless of whether delivery of such email, SMS or voice messages is prevented or blocked by a third party. In consideration for the Professional Services to be provided by simplyFYI™ Communications, if any, Customer agrees to pay the fees. Payments for Fees and reimbursements for expenses, if any, will be billed on Customer's credit card, or may be pre-paid in advance. The Fees shall include all applicable foreign, federal, state and local taxes payable with respect to this Agreement. simplyFYI™ Communications will charge your credit card on an annual or monthly basis, depending on your chosen package and contract. Customer requests cancellation of service via email or mail. Contracts can only be cancelled after the term of the agreed upon term. No refund will be made on any remaining balance of pre-paid credits on the account. If credit card payment is declined, simplyFYI™ Communications may, at its election, discontinue, terminate or suspend the Services and delete all Customers' Recipient Data (as defined below) from its systems, in each case, without incurring any liability to Customer.

4. Customers' Recipient Data. In offering the Services, we may collect personal information about Recipients. simplyFYI™ Communications will own all data, information, and material for all end-users who are entered into the simplyFYI™ Communications opt-in database by Customer, or who directly opt-in to any Customer “Keyword” and adjoining account. ("Customers' Recipient Data"). Customers are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customers' Recipient Data, and Customers are responsible for maintaining, securing and storing all Customers' Recipient Data in accordance with applicable law. simplyFYI™ Communications will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure of any Customers' Recipient Data.

5. At any time, either party may cancel a user's simplyFYI™ Communications account for any reason. The user must request cancellation by emailing support@simplyfyi.com.

Amounts paid are not refundable. Subscriptions to our service are pre-paid. As such, any cancellations that occur in the middle of a payment term (month, quarter, or year depending on payment schedule) will be made effective on the final day of the prepaid term. Any email communication regarding the cancellation of an account must be from the email address on record in the account to complete the cancellation.

Data Protection & Privacy

In order to ensure your compliance with these Terms and to ensure that simplyFYI™ Communications complies with national and international laws, we may, from time to time, randomly check the messages and broadcasts that you send. Nonetheless, we are committed to maintaining the privacy of your information, pursuant to our Privacy Policy provided on the Website. Except as otherwise required for your use of the Service as contemplated herein, simplyFYI™ Communications does not want you to, and you should not, send any confidential or proprietary information to simplyFYI™ Communications via the Website or the email addresses referenced on the Website. You agree that any information or materials that you or individuals acting on your behalf provide to simplyFYI™ Communications (other than information required for your use of the Service as contemplated herein) will not be considered confidential or proprietary. By providing any such information or materials to simplyFYI™ Communications (other than information required for your use of the Service as contemplated herein), you grant to simplyFYI™ Communications an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works and distribute such information and materials, and you further agree that simplyFYI™ Communications is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to simplyFYI™ Communications. You further recognize that simplyFYI™ Communications does not want you to, and you warrant that you shall not, provide any information or materials to simplyFYI™ Communications that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

simplyFYI™ UNITS

simplyFYI™ UNITS are paperless vouchers that you may purchase and which facilitate the sending of email, SMS messages or voice broadcasts. The chosen communication channel (email, SMS messages or voice) as well as the destination of a message or broadcast causes the amount of credits required to vary but, in either case, will always be made known beforehand through the Message Pricing page of our Website. The submission of a seemingly valid message or broadcast will cause an associated quantity of credits to be debited from your account and you can obtain the real-time status of your account at any time through the online interface.

simplyFYI™ UNITS Expiration

simplyFYI™ UNITS purchased in advance of actual usage do not expire, unless otherwise stated at the time of purchase. Additionally, the value of credits may change over time (as noted below in the Price Adjustments section), and thus you acknowledge that the number of credits needed to send an email, text or voice message or other broadcast may change correspondingly.

Purchase of Credits; Payments

Your payment for credits shall be deemed completed when simplyFYI™ Communications receives the full amount. Thereafter, your account will be credited within 24 hours of simplyFYI™ Communications verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by simplyFYI™ Communications.

Price Adjustment

simplyFYI™ Communications may adjust our prices from time to time with at least 30 days prior notice to customer. Pricing changes may be conditioned upon changing email, text and voice message cost from carriers and service providers.

No Warranty; Limitation of Liability

You acknowledge that email messages, text messages and voice broadcasts are transmitted unencrypted and that eavesdropping of cell phone communications, including SMS and voice delivery, by third parties is possible. simplyFYI™ Communications recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.

simplyFYI™ Communications shall use commercially reasonable efforts to make access to the Service available through the required access protocols, but makes no warranty or guarantee that (i) the Service will be available at any particular time; or (ii) you will be able to access the Service at any particular time or from any particular location. simplyFYI™ Communications will not be liable for any act or omission of any other company or companies furnishing a portion of the Service (including, without limitation wireless carriers), or from any act or omission of a third party, including those vendors participating in simplyFYI™ Communications offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, simplyFYI™ Communications DOES NOT WARRANT THAT THE USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THAT THE WEBSITE OR SERVICE WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS, OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. simplyFYI™ Communications MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. simplyFYI™ Communications SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE WEBSITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, simplyFYI™ Communications IS NOT RESPONSIBLE FOR THOSE COSTS. simplyFYI™ Communications' TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU IN THE MONTHLY PERIOD GIVING RISE TO THE FIRST CLAIM MADE.

User Warranties; Indemnification

You warrant and represent to simplyFYI™ Communications that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the Website and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.

You agree to indemnify, hold harmless, and defend simplyFYI™ Communications and its affiliates and each of their respective officers, directors, shareholders, employees, agents, representatives, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to any actual or threatened claim, suit, action or proceeding based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the Website or Service. You agree to cooperate as fully as reasonably required in the defense of any claim and we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to simplyFYI™ Communications by you as a direct result of a violation of local, state, national or international laws and regulations.

Modification of Terms

We frequently update, modify and otherwise continually seek to improve the Service and such changes often require an update or revision to these Terms. Accordingly, we reserve the right to change or discontinue any aspect or feature of the Service, as well as modify, change and/or update these Terms, from time to time, as we deem appropriate. Any updates to these Terms shall be posted on this Website, from time to time. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place. If you do not agree with any such changes, your use of the Service may be cancelled in accordance with the procedures for cancellation set forth herein.

Promotions

The Company (simplyFYI™ Communications) may run promotions from time to time. These promotions are only open to authorized simplyFYI™ Communications users aged 18 or over. Employees (and their immediate families) of simplyFYI™ Communications (the Promoter) are ineligible. Any promotion run by simplyFYI™ Communications will entitle any authorized user of simplyFYI™ Communications to receive one valid entry if they are eligible. Promotion details and terms will be included in these TOS and available at www.simplyfyi.com.

Termination, Cancellation and/or Suspension by simplyFYI™ Communications

If at anytime you breach these Terms, we may elect to suspend, terminate and/or cancel your use of the Service and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your Service at any stage for any reason we may deem necessary to continue to provide our Service in a way that may be hindered by your status as being our client, your financial status or the content of the messages or broadcasts originating from you. Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Service (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Service and simplyFYI™ Communications shall have no obligation to you after any termination or cancellation of these Terms .

Should such a termination take place when you still have credits in your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by simplyFYI™ Communications, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties. The provisions regarding ownership, payments, warranties and indemnifications will survive any suspension, termination or cancellation of your use of the Services or Website.

Termination by the User

You are free to terminate or cancel your use of the Service at any time, and for any reason, provided that you notify us, in writing, of any such termination. Notwithstanding the foregoing, unless due to a breach solely by simplyFYI™ Communications that it fails to cure within thirty (30) days of its receipt of your written notice, in no event shall simplyFYI™ Communications be obligated to refund to you the reasonable value of any unused credits previously purchased by you.

Links to other Websites

The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by simplyFYI™ Communications of the contents on such third-party websites. simplyFYI™ Communications is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

simplyFYI™ Communications cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Website, since these websites are owned and operated by independent third-parties. simplyFYI™ Communications does not endorse any of the products/services, nor has simplyFYI™ Communications taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. simplyFYI™ Communications does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. simplyFYI™ Communications strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third-parties.

All links to the Website must be approved in writing by simplyFYI™ Communications, except that simplyFYI™ Communications consents to links in which: (a) the link is a text-only link containing only the name "simplyfyi.com"; (b) the link "points" only to www.simplyfyi.com and not to deeper pages; (c) the link, when activated by a user, displays the Website's homepage in a full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked website; and (d) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by simplyFYI™ Communications nor be such as to damage or dilute the goodwill associated with the name and trademarks of simplyFYI™ Communications or its affiliates. simplyFYI™ Communications reserves the right to revoke this consent to link at any time in its sole discretion, without notice.

Security Rules

You are prohibited from violating or attempting to violate the security of the Website and Service and from using the Website and Service to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Website or Service, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any simplyFYI™ Communications packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. simplyFYI™ Communications may investigate violations of these Terms and Conditions, and may involve and cooperate with law enforcement authorities in prosecuting users of the Website who are involved in such violations.

Force Majeure

simplyFYI™ Communications shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of simplyFYI™ Communications. In addition, simplyFYI™ Communications shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Service.

Miscellaneous

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind simplyFYI™ Communications in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. simplyFYI™ Communications may give notice to you by means of a general notice on the Website or Service, electronic mail to your e-mail address on record in simplyFYI™ Communications' account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in simplyFYI™ Communications' account information. You hereby grant simplyFYI™ Communications the right to use your name and/or logo within a publicly viewable list of clients or in press releases applicable to simplyFYI™ Communications, the Website or the Service.

These Terms shall be governed by and construed in accordance with the laws of the State of California notwithstanding its laws governing conflicts of laws. The parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the courts of the State of California.

The terms and conditions of Service are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to email, SMS text messaging and voice messaging service providers are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms.

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