Terms of Use

Acceptance of Terms

Welcome to ITsimple LC. These Terms and Conditions of Use (the "Terms of Use) apply to the ITsimple’s ITsMyTown App (mobile and web), and all associated sites linked to the ITsMyTown App, and its affiliates (collectively, the "App"). The App is the property of ITsimple LC (ITsimple) and its licensors. By using the app, you agree to these Terms of Use.

1. Description of App Service

ITsimple provides users access such as public information and issue reporting, which may be accessed through the App (the “Services”). You also understand and agree that the App may include advertisements and that these advertisements are necessary for ITsimple to provide the Services. You also understand and agree that the App may include certain communications from ITsimple, such as announcements, administrative messages and the ITsimple Newsletter, and that these communications are considered part of the Service and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current App shall be subject to these Terms of Use. You understand and agree that the App is provided “as-is” and that ITsimple 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 App, 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 App.

2. Authorized Usage of the App

In consideration of your use of the App, you represent that you are of legal age to form a binding contract and are not a person barred from receiving 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 App. If you provide any information that is untrue, inaccurate, not current or incomplete, or ITsimple has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ITsimple has the right to suspend or terminate use of the App and refuse any and all current or future use of the App (or any portion thereof). Legal guardians of minors who wish to allow minors access to the App must take legal responsibility for the minors use of the App.

3. ITsimple Privacy Policy

ITsimple’s Privacy Policy applies to use of the App, and its terms are made a part of these Terms of Use by this reference. ITsimple’s Privacy Policy is available at www.itsimple.io.

4. User Conduct

You understand that all information, data, text, software, pictures, graphics, 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 ITsimple, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the App. Under no circumstances will ITsimple 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 App. You agree to not use the App and/or the Service to 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; impersonate any person or entity, including, but not limited to, a ITsimple official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; harm minors in any way; 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); forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted; 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; intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; 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; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service. You acknowledge that ITsimple may or may not pre-screen Content, but that ITsimple 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 Service. Without limiting the foregoing, ITsimple and its designees shall have the right to remove any Content that violates the Terms of Use 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. You acknowledge, consent and agree that ITsimple may access, preserve and disclose your 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: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ITsimple, its users and the public. You understand that the technical processing and transmission of the Service, 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. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ITsimple and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

5. International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.

6. Content submitted or made available for inclusion on the service

ITsimple does not claim ownership of Content you submit or make available for inclusion on the App. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the App, you grant ITsimple worldwide, royalty-free and non-exclusive license(s), as applicable including but not limited to photos, graphics, or audio you submit or make available for inclusion on publicly accessible areas of the App, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the App or in any format or medium.

7. Contribution to ITsimple

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to ITsimple through its suggestion or feedback web pages or emails, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ITsimple is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ITsimple 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) ITsimple may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of ITsimple without any obligation of ITsimple to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ITsimple under any circumstances.

8. Indemnity

You agree to indemnify and hold ITsimple 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 or otherwise make available through the App, your use of the App, your connection to the App, your violation of the Terms of Use, or your violation of any rights of another.

9. No Resale

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service and/or App, use of the Service or the App, or access to the Service or the App.

10. General practices regarding use and storage

You acknowledge that ITsimple may establish general practices and limits concerning use of the App, including without limitation the maximum disk space that will be allotted on ITsimple’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the data in a given period of time. You agree that ITsimple has no responsibility or liability for the deletion or failure to store any reports and other communications or other content maintained or transmitted by the App. You further acknowledge that ITsimple reserves the right to modify these general practices and limits from time to time.

11. Modification to the Service

ITsimple reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App and/or Service (or any part thereof) without notice. You agree that ITsimple shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or Service.

12. Dealing with advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the App, 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 ITsimple 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 App.

13. Links to other online resources

The App may provide, or third parties may provide, links to other websites or resources. Because ITsimple has no control over such sites and resources, you acknowledge and agree that ITsimple 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 ITsimple 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 the use of or reliance on any such content, goods or services available on or through any such site or resource.

14. ITsimple proprietary rights

You acknowledge and agree that the App and/or Service and any necessary software used in connection with the App (“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 sponsor advertisements or information presented to you through the App or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by ITsimple or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App and/or Service, in whole or in part. ITsimple grants you a personal, non-transferable and non-exclusive right and license to use the object code of its App on a single computer and/or mobile device; 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 App. You agree not to access the App and/or Service by any means other than through the interface that is provided by ITsimple for use in accessing the service.

15. Disclaimer of warranties

You expressly understand and agree that: (a) your use of the App and/or Service is at your sole risk. The App is provided on an “as is” and “as available” basis. ITsimple 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 merchantability, fitness for a particular purpose and non-infringement; (b) ITsimple and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the App will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the App will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the App will meet your expectations; and (v) any errors in the App will be corrected; (c) Any material downloaded or otherwise obtained through the use of the App is accessed at your own discretion and risk, and you will be solely responsible for any damage or loss of data; (d) No advice or information, whether oral or written, obtained by you from ITsimple or through or from the App and/or Service shall create any warranty not expressly stated in the Terms of Use.

16. Limitation and liability

You expressly understand and agree that ITsimple and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, 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 ITsimple has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the App; (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 App; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the App; or (v) any other matter relating to the App.

17. Notice

ITsimple may provide you with updates, including those regarding changes to the Terms of Use. We will alert that changes have been made by indicating on the Terms of Use policy the date it was last updated. We encourage users to review this Policy from time to time on the www.itsimple.io website.

18. General Information

18.1 The current Terms of Use constitutes the entire agreement between you and ITsimple and governs your use of the App and/or Service, superseding any prior versions between you and ITsimple with respect to the App and/or Service. You also may be subject to other terms and conditions that may apply when you use or purchase certain ITsimple services, affiliate services, third-party content or third-party software.
18.2 The Terms of Use and the relationship between you and ITsimple shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and ITsimple agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, GA.
18.3 The failure of ITsimple to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Terms of Use remain in full force and effect.
18.4 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 Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. Please report any violations of the Terms of Use to customer service at Ask@ITsimple.io.

19. Feedback and information

Any feedback you provide at this site shall be deemed to be non-confidential. ITsimple shall be free to use such information on an unrestricted basis.

20. Questions or Comments

If you have any questions or comments about the Terms of Use or the practices relating to the apps, or you wish to verify, correct or delete any information we may have collected, please contact us at Ask@ITsimple.io.

21.The information contained in this web site is subject to change without notice. All rights reserved.

 

Date of revision: June 24, 2018