Last Revised: April 2nd, 2019
SimplexCC Ltd. and its affiliates (collectively, “SimplexCC”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our online services and to our website at: simplex.cc or simplex.com (collectively, the “Service”).You may use the Service (or any part thereof) only in accordance with the terms and conditions hereunder.
1. Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SERVICE.
The Service is not allowed for use by individuals who are under the age of eighteen (18) years old (see Section 7 below).
2. The Service
The Service enables its registered Users an option to transfer fiat payments to certain third parties, including cryptocurrency exchange, marketplace and brokerage services carrying the Service (collectively, the “Exchange(s)”), in consideration for cryptocurrencies, as well as an option to transfer cryptocurrencies to the Exchange(s) in consideration for fiat payments, by using the User’s existing credit card or debit card (as available and applicable).
By accepting these Terms, you represent that any and all information you provide us through the Service is true and accurate. Any false or fraudulent information and/or use of Service is prohibited.
Sell Service (i.e., sale of cryptocurrency by User to the Exchange)
After Simplex and the applicable Exchange inspect the records of the applicable User’s transaction and the information of the applicable blockchain, Simplex shall have the absolute and full right to cancel any User’s transaction at any time, at its sole discretion. In the event that prior to such cancellation a cryptocurrency has already been transferred by User to the applicable Exchange, Simplex shall make commercially reasonable efforts to ensure that such Exchange provides a refund to User, to the wallet address provided by User in advance (if applicable) (“Refund Wallet Address”), less any applicable blockchain transaction fees. User acknowledges and agrees that time shall not be of the essence for the purposes hereof and Simplex does not warrant or guarantee timely delivery and shall not be liable to User for any delays in providing the refund.
If the credit of User’s credit or debit card is refused by the bank, and the fiat consideration is transferred back to the Exchange, it is the absolute and exclusive responsibility of User (and in no situation of Simplex) to communicate with the Exchange in connection with an alternative mechanism to transfer the fiat consideration to User. In no event shall User be entitled to receive back the cryptocurrency transferred to the Exchange.
PLEASE READ CAREFULLY: YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE IS INTENDED FOR TRANSFERRING FIAT PAYMENTS TO EXCHANGE(S) IN CONSIDERATION FOR CRYPTOCURRENCIES AND TRANSFERRING CRYPTOCURRENCIES TO THE EXCHANGE IN CONSIDERATION FOR FIAT PAYMENTS. SIMPLEX IS NOT THE OPERATOR OF SUCH EXCHANGE(S), NOR IS IT THE PROVIDOR OF ANY GOODS OR SERVICES (INCLUDING CRYPTOCURRENCY) NOT EXPLICITLY DETERMINED TO BE PROVIDED BY IT HEREUNDER.
SIMPLEX IS NOT IN ANY WAY RESPONSIBLE FOR THE CONDUCT OR BEHAVIOUR OF ANY EXCHANGE OR OTHER THIRD PARTY SERVICES (AS DEFINED HEREUNDER) OR ANY USERS THEREOF AND/OR OF THE SERVICE, NOR IS IT RESPONSIBLE OR INVOLVED IN ANY WAY WITH ANY TRANSACTION OR TRANSFER OF ANY RIGHT TO, OR LEGAL OWNERSHIP OF, ANY CRYPTOCURRENCY OR FIAT CONSIDERATION WHATSOEVER. SIMPLEX SHALL NOT BE RESPONSIBLE NOR LIABLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM YOUR OR ANY OTHER USERS’ USE OF THE SERVICE, ANY EXCHANGES AND/OR THIRD PARTY SERVICES, AND/OR FOR ANY SUBSEQUENT USE OF ANY MONEYS OR CRYPTOCURRENCIES DEPOSITED AND/OR TRANSFERRED BY YOU THROUGH THE SERVICE, INCLUDING FOR ANY THIRD PARTY CONTENT DISPLAYED, MAINTAINED, TRANSMITTED OR LINKED BY OR IN CONNECTION WITH THE SERVICE.
SIMPLEX DOES NOT IN ANY WAY ENDORSE ANY APPLICATION, PRODUCT, GOOD, SERVICE OR ADVERTISMENT WHICH MAY BE MENTIONED OR OTHERWISE PRESENTED OR LINKED ON, THROUGH AND/OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR ANY EXCHANGE, THIRD PARTY SERVICES AND/OR CRYPTOCURRENCY.
SIMPLEX WILL NOT BE RESPONSIBLE FOR THE CONTENT, EXCHANGE RATE, QUALITY, RELIABILITY, USABILITY, OR THE LEVEL OF SERVICE PROVIDED BY THE EXCHANGE AND WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE ANY GOODS OR SERVICES OFFERED BY AND/OR THROUGH THE EXCHANGE, INCLUDING BY OTHER USERS OF THE SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
3. User Representations and Undertakings
Your use of the Service (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
3.1. The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
3.2. You will not infringe or violate any of the Terms;
3.3. You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder;
3.4. If you connect to, access or use the Service on behalf of an entity or any third party, you represent and warrant that you are duly authorized under any applicable law to represent such entity or third party in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf;
3.5. You possess the knowledge and judgment necessary to decide whether to use the Service or otherwise engage with other Users of the Service;
3.6. You acknowledge that you are solely responsible for complying with applicable laws regarding use of the Service, or any other interaction and/or transaction you make through or in connection with the Service, including the determination of whether a transaction made through or following your use of the Service complies with the terms of the jurisdictions and laws applicable to you and all other parties of your engagement;
3.7. You will not rely on Simplex and fully understand that we do not provide any endorsement, support, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any goods, services, information or content that may be available to you in connection with the Exchange, including with respect to any cryptocurrency;
3.8. You will obtain appropriate professional advice (including legal, accounting, commercial and any other advice) to protect your interests before engaging in any matter in which you may benefit from such advice. You acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and Simplex or any other Users, unless you and any such User specifically agree otherwise, and that you may not solely or fundamentally rely on any information, content or any features you find on or through the Service;
3.9 You acknowledge that there are risks in using the Service and/or connecting and/or dealing with other Users and/or any Exchange, through or in connection with Service, and that Simplex cannot and does not guarantee any specific outcomes from such use, interactions and/or transactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such use, interactions and/or transactions. Such risks may include, among others, misrepresentation of information about and/or by any Exchange(s), goods, services and/or other Users, breach of warranty and/or contract, violation of rights and any consequent claims; and
3.10 You are responsible to provide Simplex with an appropriate Refund Wallet Address (if applicable).
4. Use Restrictions
There are certain conducts which are strictly prohibited on and/or with respect to the Service. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at Simplex’s sole discretion) in the termination of your access to the Service and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
(i) copy, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Service, including any information, material and data available on the Service (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without Simplex’s prior written consent;
(ii) copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble the Service (or any part thereof), and/or permit others thereto;
(iii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Simplex’s prior written consent;
(iv) create a browser or border environment around the Service and/or Content, link, including in-line linking, to elements on the Service, such as images, posters and videos, and/or frame or mirror any part of the Service, unless as expressly permitted hereunder;
(v) interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
(vi) defame, abuse, harass, stalk, threaten and/or violate in any way the legal rights of others;
(vii) use and/or display the Service (or any part thereof) on and/or with respect to any good or service, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Content or any reference to Simplex and/or the Service might be perceived as damaging to Simplex’s reputation and goodwill or actually bring Simplex into disrepute;
(viii) transmit, distribute, display or otherwise make available through or in connection with the Service any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
(ix) impersonate any person or entity or provide false information on the Service, whether directly or indirectly;
(x) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Simplex or any third party endorses you, your business, or any statement you make, or present false or inaccurate information about and/or through the Service;
(xi) transmit or otherwise make available in connection with the Service, and/or use the Service to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
(xii) interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
(xiii) sell, license, or exploit for any commercial purposes any use of or access to the Content and/or Service;
(xiv) use the Service for and/or in connection with any form of spam, unsolicited mail or similar conduct;
(xv) create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Service without the prior written consent of Simplex;
(xvi) bypass any measures which may be used to prevent or restrict access to the Service and/or certain functionalities therein;
(xvii) use the Content and/or the Service for any illegal, immoral or unauthorized purpose;
(xviii) use the Service and/or the Content for non-personal or commercial purposes without Simplex’s prior express written authorization; or
(xix) infringe or violate any of these Terms.
6. Intellectual Property
The Service, the Content, Simplex’s proprietary software and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service and any part thereof), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Simplex, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Simplex’s proprietary rights, including Simplex’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
“Simplex” and all logos and other proprietary identifiers used by Simplex in connection with the Service (“SimplexCC Trademarks”) are all trademarks and/or trade names of Simplex, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Service, including on or in connection with the Exchange, belong to their respective owners (“Third Party Marks”). No right, license, or interest to Simplex Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Simplex Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Simplex and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Simplex’s marks and logos, whether registered or not.
You may use the Service only if you are at least eighteen (18) years old. If you are under the age of eighteen (18) or under the legal age to form a binding contract in the jurisdiction in which you are located, you may only use the Service under the supervision of a parent or legal guardian who has agreed to stand behind any agreement you enter into while using the Service, including these Terms. We reserve the right to require you at any stage to provide proof of age, and, if applicable, approval of your use of the Service by your parent or legal guardian, so that we can verify that only eligible Users are using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, we will prohibit and block such User from accessing the Service.
8. Third Party Services
The Service may be available on and/or linked to through certain third party Exchanges, websites and other third party services (collectively, “Third Party Services”). Such Third Party Services are independent from the Service. You hereby acknowledge that Simplex has no control over such Third Party Services, and further acknowledge and agree that Simplex is not responsible for the availability of Third Party Services, and does not endorse and is not responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services.
The Service’s availability and functionality depend on various factors, such as communication networks, software, hardware, Simplex’s service providers and contractors, and such Third Party Services carrying the Service. Simplex does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
10. Changes to the Service
Simplex reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Simplex shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Service (or any part thereof).
11. Disclaimer and Warranties
SIMPLEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE (OR ANY PART THEREOF).
THE SERVICE (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING WITHOUT LIMITATION, THE QUALITY OF PRODUCTS AND SERVICES PROVIDED BY THIRD PARTY SERVICES AND/OR EXCHANGES.
SIMPLEX AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “SIMPLEX AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY SIMPLEX AND/OR ANY USER RELATED TO YOUR OR ANY USER’S USE OF THE SERVICE.
SIMPLEX DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED ON THE SERVICE OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, INCLUDING ANY THIRD PARTY SERVICES AND/OR ANY EXCHANGES USING THE SERVICE.
SIMPLEX DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. SIMPLEX MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME OR TO DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE, INCLUDING THE TRANSFER OF ANY PAYMENT OR CRYPTOCURRENCY THROUGH THE SERVICE AND/OR YOUR USE OF THE EXCHANGE AND/OR OF ANY CRYPTOCURRENCY FROM THE EXCHANGE, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
FURTHER, YOU AGREE AND ACKNOWLEDGE THAT SIMPLEX AND/OR ANY OF THE SIMPLEX AFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER, DIRECTLY OR INDIRECTLY, FOR ANY CHARGES OR FEES INCURRED BY THE ISSUING BANK NOR FROM THE CREDIT OR DEBIT CARD COMPANY.
12. Limitation of Liability
IN NO EVENT SHALL SIMPLEX AND/OR ANY OF THE SIMPLEX AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF SIMPLEX TO PERFORM UNDER THESE TERMS, AND OTHER ACT OR OMISSION OF SIMPLEX BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS, THIRD PARTY SERVICES AND/OR EXCHANGES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR SIMPLEX’S SERVICE TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF SIMPLEX AND/OR ANY SIMPLEX AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITES AND/OR DAMAGES.
13. Indemnification and Setoff
You hereby agree that except as explicitly provided otherwise herein, upon delivery of the cryptocurrency purchased or sold by you from or to the Exchange, as the case may be, you will not be entitled to any credit or refund and all such purchases and sales are final. Simplex’s obligations towards you will be absolutely discharged upon delivery of the cryptocurrency to you (in case of a buy transaction), or the consideration for the cryptocurrency to you (in case of a sell transaction), as the case may be, and you shall have no claim or right against Simplex upon such delivery.
You agree to defend, indemnify and hold harmless Simplex and any Simplex Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising from: (i) your use of the Service (or any part thereof); (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service, including without limitation any damage related to cryptocurrency purchased and/or sold by you from or to an Exchange and in connection with the Service; (iv) your violation of any third party rights; and (v) any charge-back or cancellation of any monetary deposit, cryptocurrency transfer or payment made by you through the Service.
You further agree that any funds or other assets which you have deposited with an Exchange and/or which you are entitled to from and/or through such Exchange may be setoff by either the Exchange and/or Simplex and used as collateral in order to secure the fulfilment of your obligations herein.
In addition, you hereby agree that any payment to be made by you with respect to the Service which is not made by its due date shall bear interest thereon at the maximum rate permitted by law at the time payment is due, computed from the original due date until paid, and that you shall be liable to pay any payments or fees arising from such late payments.
14. Amendments to the Terms
15. Termination of Service’s Operation
At any time, Simplex may block your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to Simplex under any applicable law. Such actions may be taken if Simplex deems that you have breached any of these Terms in any manner.
Additionally, Simplex may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Simplex does not assume any responsibility nor liability with respect to, or in connection with the termination of the Service and/or loss of any data.
16.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Simplex and you.
16.2. These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related transaction shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles, and shall be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts in Tel Aviv, Israel.
16.3. Simplex may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without Simplex’s prior explicit and written consent will be null and void.
16.4. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
16.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
16.6. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
16.7. These Terms constitute the entire terms and conditions between you and Simplex relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Simplex and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Service. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Simplex in entering into these Terms.
16.8. The provisions of Section 3 (User Representations and Undertakings), Section 4 (Use Restrictions), Section 6 (Intellectual Property), Section 8 (Third Party Services), Section 9 (Availability), Section 11 (Disclaimer and Warranties), Section 12 (Limitation of Liability), Section 13 (Indemnification and Setoff) and Section 16 (General), will survive the termination or expiration of these Terms.
If you have any questions (or comments) concerning the Terms or the Service, you are welcome to contact us and we will make an effort to reply within a reasonable timeframe.