Web Site User Terms Agreement for SimaFore, LLC
This User Terms Agreement (“Agreement”) contains terms and conditions which govern use of the webSites at http://www.simafore.com and http://Vistasc.simafore.com
(“Sites”), as provided and maintained by SimaFore LLC (“SimaFore”).
The Agreement and related legal agreements and policies referenced herein constitute the entire agreement between SimaFore, along with its successors, assigns and licensees, and end users of the Sites (“User” or “Users”). “User” is defined for purposes of this Agreement as 1) a consumer or 2) a potential consumer, vendor or other affiliate with respect to information, products and services referenced on the Sites.
Right to revise terms
SimaFore reserves the right to change these terms and conditions at any time. Notice of such changes will be provided solely through revisions to this Agreement as posted on the Sites. Accordingly, users who access the Sites agree to engage in periodic review of this and other referenced legal statements on the Sites.
Confirmation of Acceptance and Legal Age
Users’ continued acts of accessing the Sites serve to confirm the following:
1) User consents to the terms of this or any subsequent revision of the Agreement,
2) User is 18 years of age or older, or has secured permission of a parent, guardian or other legally responsible individual to view materials posted therein.
Privacy and Confidentiality
Any information we gather regarding users of the Sites is regarded as confidential, in conformity with the Data Protection Act of 1998, and therefore will not be divulged by SimaFore to any third party unless legally required to do so by the appropriate authorities.
Where applicable, users who set up accounts on the Sites
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within SimaFore on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Assignment of rights and obligations
SimaFore may at its discretion assign or subcontract any rights and obligations under these User Terms to a third party.
Linguistic Inconsistency or Conflict
In the event of conflict or inconsistency between the English language version of this Agreement and a localized version in a different language as provided by SimaFore, the English version shall prevail.
Governing Law and Jurisdiction
This Agreement, as well as related SimaFore Agreements and Policies, urges compliance with local law throughout all jurisdictions served by SimaFore, but it is exclusively subject to United States Law, specifically the State of Michigan, which shall govern its interpretation and implementation. The Courts of Michigan, U.S.A. shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with the subject matter.
However, prior to either party seeking resolution of a dispute in any court of law, User and Simafore shall first attempt to resolve the matter cost effectively through 1) informal negotiation, and/or 2) retaining a mutually acceptable provider of long distance mediation services for up to four hours of mediation sessions via telephone or videoconferencing technology. Otherwise, where these more informal measures are not effective, the usual legal and equitable remedies are available. In situations where SimaFore is required to seek an injunction or restraining order, SimaFore may seek legal remedies without prior negotiation or mediation.