YOUR USE OF THE SIMPLESET PRO SOFTWARE CONTAINED IN THIS WEB SITE CONSITUTES YOUR EXPRESS AND UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD NOT CLICK "AGREE" AND NOT USE SIMPLESET PRO SOFTWARE.
This agreement is made between 329design Inc. (hereinafter "329design"), a corporation incorporated pursuant to the laws of the Province of Saskatchewan and you ("the User"). This agreement is a legally binding agreement.
329design has created a web based software by the name SimpleSet Pro (hereinafter the "Software"), which is designed to be used by licensed healthcare practitioners. The User wishes to subscribe for and use the Software, subject to the terms and conditions as set out herein.
The Software is and remains wholly owned by 329design. All materials and content contained in the Software shall remain the property of 329design and are protected by intellectual property laws, including copyright that may apply to software throughout the world.
(b) Limited License
By subscribing for the use of the Software, 329design grants the User a limited, revocable, non-transferrable, non-exclusive license (hereinafter may also be referred to as "account"), to use the Software corresponding to the terms as outlined in Section 2(C) 'Types of Licenses'.
Without limiting the generality of the foregoing, the User is expressly prohibited from:
(a) distributing or copying the Software;
(b) including the Software in or with any product or service that the User sells;
(c) reverse engineering the Software.
(d) use of the Software outside the boundaries of the type of License as described in section (C) Types of licenses
(b) Types of Licenses
Health Sciences Student License:
(a) Limited Student License granted to one single individual Health Sciences Student attending fulltime health sciences study at a legitimate educational institution. Users must provide a valid confirmation of enrollment prior to receiving a Health Sciences Student License. Focus of the program of study shall include any of the following: Human Kinetics, Exercise Physiology, Kinesiology, or Healthcare professions.
(b) Student Licenses with be valid for the duration of the current educational term in which the license is applied for.
(c) Only one Health Sciences Student License will be granted per User during the lifetime of Simpleset Pro. Individual health sciences student Users are expressly prohibited from: registering multiple trial accounts or providing other individuals access to their account.
(d) Health Sciences Student Licenses will be limited to: one active session of the Software open at any given time; a maximum of five of the following services per day: pdf generations, prints, emailing of programs; and any other restrictions as expressed at anytime by 329design.
(a) Limited license granted to one single individual User healthcare practitioner.
(b) Trial accounts will be valid for 30 days immediately following the creation of the account.
(c) Only one Trial License will be granted to any given User during the lifetime of Simpleset Pro. Individual Users are expressly prohibited from: registering multiple trial accounts or providing other individuals access to their account.
(d) Trial licenses will be limited to: one active session of the Software open at any given time; a maximum of five of the following services per day: pdf generations, prints, emailing of programs; and any other restrictions as expressed at anytime by 329design.
Individual Professional License:
(a) Individual Professional License will be granted to one single individual healthcare practitioner User.
(b) Individual Professional License will be valid for the time frame established in the User's contract.
(c) Individual Professional License Users are expressly prohibited from providing other individuals access to their account.
(d) Individual Professional License Users will be limited to: one active session of the Software open at any given time to be used only by the account owner; and any other restrictions as expressed at anytime by 329design.
Custom Professional License:
(a) Custom Professional Licenses are reserved for the use of the Software within facilities containing multiple individual users. Within these facilities, multiple healthcare practitioners can be granted access to the Software under the terms of the Custom Professional License Contract.
(b) the terms of the Custom Professional License Contract will be agreed upon between 329design and the User. These terms will include: The number of healthcare practitioners and facilities permitted to use the Software under the Custom Professional License; the term of the Custom Professional License.
(c) Custom Professional License Users are expressly prohibited from: providing access to the Software any individual who is not expressly agreed upon under the terms of the Custom Professional License Contract; using the Software at facilities not defined in the Custom Professional License Contract; and any other conditions as expressed in the Custom Professional License Contract.
In no event shall 329design, its directors, employees, agents and assigns be held liable for any direct, indirect, special, incidental, punitive or consequential damages (including without limitation loss of profits, cost of replacement of goods, loss of or damage to data) claimed by any person or entity, arising out of or in any way connected with the User's use of the Software, the User's inability to access the Software or the User's reliance on the Software, whether such liability is based on contract, tort, statute, strict liability or other legal theory.
The User agrees to indemnify, defend and hold harmless 329design, and its representatives from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable solicitor fees and costs) arising out of, based upon or in connection with the User's use of the Software.
This Software is provided on an "as is" and "as available" basis. 329design assumes no responsibility for accuracy, correctness, timeliness or content of the Software. The User should not assume that the Software will be continuously updated. 329design is not responsible for supplying content or materials that have expired or have been removed from the Software.
329design does NOT accept any liability whatsoever for the User's use or access to the Software. To the fullest extent available at law, 329design disclaim making any representations and warranties of any kind whatsoever in respect of the Software. 329design disclaims all express and implied warranties including, without limitation, those of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights and those arising by law, under statute, in trade, by course of dealing or otherwise.
Without limiting the generality of the foregoing, 329design does not represent or warrant that:
(a) access to the Software will be secure, timely, error or virus-free, continuous or uninterrupted;
(b) the Software will be accurate, complete and current;
(c) errors, defects and inaccuracies in the Software will be corrected.
329design, in its sole and absolute discretion, may change, suspend or discontinue any aspect of the Software at any time, including the availability of any feature, database or other material. 329design may also impose limits on certain features and services, or restrict the User's access to parts or all of the Software, without notice to the User.
A valid credit card is required for all paying accounts with respect to the Software. Subscriptions will be billed to the User's credit card once per month on an ongoing basis until cancelled by the User. Payment is non-refundable, even if the User cancels the User's subscription part way through a period for which the User has already paid.
Any changes to the User's account requiring a change in the amount billed for any subscription or subscriptions will be billed automatically to the User's credit card.
All listed fees are exclusive of taxes, levies or duties imposed by any taxing authority.
The User is solely responsible for properly cancelling the User's account. Cancellation will take effect immediately upon the User cancelling the User's account.
The User's data will not be stored by 329design after cancellation or termination of this agreement.
329design may terminate this agreement at any time for any reason. 329design reserves the right to refuse the Software to the User at any time.
329design does not accept liability with respect to any loss that may be incurred by the User or any third party with respect to cancellation or termination of this agreement.
This agreement shall be governed by the Laws of the Province of Saskatchewan. The User does hereby attorn to the jurisdiction of the Courts of the Province of Saskatchewan. Any action commence pursuant to this agreement shall be brought through the Courts of the Province of Saskatchewan.
This agreement shall not be assigned by the User without written approval from 329design.
If any portion of this agreement is found to be invalid or unenforceable at law, the remainder of the agreement not found invalid or unenforceable shall remain in force and be of full effect.
This agreement is the entire agreement between the parties with respect to the Software. No other representations, warranties, covenants, agreements or communications, whether express or implied, either oral or written, shall form part of this agreement.
This agreement shall enure to the benefit of, and be binding upon, the User and the User's heirs, executors, administrators, personal representatives, successors and permitted assigns, and upon 329design and its successors and assigns.
The foregoing terms and conditions were last amended on August 16th, 2013
© 329design Inc. All rights reserved.