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.
Information obtained via the Sites, which implement SimaFore’s mission as a global provider of analytics wisdom, is intended available only for personal non-commercial use of an educational nature and is not intended to be relied upon by Users to make business decisions. Users are otherwise invited to engage with SimaFore to obtain professional analytics services.
Enforcement of Terms
In the event that any User fails to conform to these terms, in addition to pursuing other legal remedies permitted in local jurisdictions, SimaFore shall exercise its right to terminate access to the Sites and related services.
Waiver and Severability
The failure of SimaFore to exercise or enforce any provision of these User Terms shall not constitute a waiver of such right or provision. If any provision of this or any related Agreement is found to be unenforceable or invalid in any jurisdiction, the remaining provisions of the Agreement shall retain their full force and effect in that jurisdiction.
Questions and Concerns
Users with questions or concerns regarding the use of the Sites, or services related to the Sites, should inquire via email@example.com.
Ownership of Intellectual Property
Unless stated otherwise, all intellectual property related to the contents of the Sites, including text, audio, images, video, trademarks, logos and other components, is owned by SimaFore and is protected by copyright and trademark laws and international treaty provisions. The general structure, look and feel, underlying program code and metadata are also subject to these ownership rights. No such components of the Sites, whether owned by SimaFore or third parties, may be copied, uploaded, published, distributed or otherwise disseminated in any form, including derivative or modified materials, without the express permission of SimaFore. Where such permission is granted, grantees will obtain and/or use materials only as specified by SimaFore. No rights to patents, copyrights, trademarks, trade secrets or other proprietary information or materials is granted in the absence of an express written grant of rights made by SimaFore to a specific party.
Users may, however, print or download the text of individual pages on SimaFore’s Sites for personal non-commercial or educational use. Fair Use exceptions to SimaFore’s ownership of Intellectual Property, as interpreted under U.S. law shall also be reasonably accommodated. Users who are in doubt as to desired uses of content owned by SimaFore or third party content providers should inquire via firstname.lastname@example.org.
Site Content and Representations
The Sites are provided ‘as is.’ SimaFore declines to make representations or warranties regarding the accuracy, reliability or completeness of information published on its Sites. As for the quality, performance and fitness of services and/or products referred to or advertised on the Sites, SimaFore makes no representations or warranties of any kind other than those express warranties provided in reference to specific products and services, and additional warranties that may be imposed by U.S. or other local law.
SimaFore will strive to maintain consistent service and high quality. However, due to the imperfect nature of the Internet and its underlying technologies, SimaFore does not warrant that it will maintain any of its services in an uninterrupted manner and does not accept any related liability.
Further, while SimaFore shall make reasonable efforts to reduce risks related to computer viruses that may be transmitted over the Internet, it does not warrant that the Sites are free of such risks.
Liability for all such content related risks is expressly excluded to the extent permitted under local law.
Availability of Content, Products and Services Internationally
The Sites are controlled and operated from the United States and while SimaFore intends to extend its global reach to the greatest extent possible, it makes no representations that content, products and services described therein are available in all locations or jurisdictions. SimaFore will abide by local law that prohibits access to specific content, products or services.
Users shall refrain from using the Sites in any manner constituting a breach of any local laws or regulations, or in contravention of international treaties. This includes but is not limited to uses of the Sites that willfully cause transmission of viruses or other technologies that damage the integrity of computer networks and related technologies, as well as the propagation of content which causes defamation, personal offense, annoyance or inconvenience to any group or individual.
Third Party content and relationships
Where the Sites direct Users to external websites not subject to SimaFore’s control, SimaFore is not responsible or liable in any way for the content of such websites and cannot vouch for their suitability or accuracy.
Where Users form relationships with any third party as a consequence of using the Sites, the Terms and Conditions applicable to the third party relationship shall have full force and effect. SimaFore shall not in any way be liable for losses and/or damages incurred in the course of such a third party relationship. Where Users attempt to make use of any such third party’s intellectual property in a manner that causes SimaFore to be held liable for infringement, Users shall indemnify and defend SimaFore accordingly.
SimaFore’s Liability and Indemnity
Neither SimaFore nor any of its officers, employees or representatives shall be liable for any damages arising from or in connection with the use of the Sites. This exclusion of liability applies to all damages of any kind, including, but not limited to compensatory, direct, indirect or consequential damages, data loss or corruption, income loss or reduction, property loss or damage and claims of third parties.
Users agree to defend and indemnify SimaFore against all claims and expenses resulting from their breach of this or other Agreements with SimaFore relating to use of the Sites. Users will cooperate fully and in good faith with SimaFore in its defense of any matter subject to such indemnification.
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.