Terms of use

These terms of use (“Agreement”) govern your enrollment in and use of the online program (the “Program”) available through your educational institution and hosted by Simversity, LLC (“Simversity”). You must be of legal age (over eighteen years of age in the United States) to use the Program’s Website (as defined below).

  1. Acceptance of this Agreement. Any use of the Program, including viewing or using proprietary content provided by the Program (the “Program’s Content”), posting material on any website controlled or operated by Simversity and used in conjunction with the Program (the “Program’s Website”) (whether such Program’s Website is accessed through a computer or through a mobile communications device) or emailing content to Simversity is governed under this Agreement. Simversity reserve the right to modify this Agreement. The most recent version of the Agreement will always appear on the Program’s Website and You will always be bound by the most recent version of this Agreement even if You are not notified of any changes.
  2. Privacy Policy. The Privacy Policy appearing on the Program’s Website is a part of this Agreement and incorporated into this Agreement by reference.
  3. Enrollment in the Program and Use of the Program’s Content.
      1. You will be required to create a username/password combination to use the Program, the Program’s Website and Program’s Content. You agree and understand that You are solely responsible for maintaining the confidentiality of any username/password combination You create. You will be held accountable for any postings on the Program’s Website or for any other actions taken through Your access to the Program’s Website based upon Your username/password combination. If You become aware of any abuse of Your username/password combination, contact Simversity immediately using the contact information on the Program’s Website.
      2. You agree to participate in the Program and to use the Program’s Content and the Program’s Website only as set forth in this Agreement and according to applicable laws and regulations. You are responsible for any content, postings and comments that You may submit to the Program’s Website, to other users enrolled in the Program or to Simversity. You are responsible for any of Your actions which breach or could be reasonably construed as a breach of this Agreement and You may be held responsible for any damages caused by such breach. You may not use the Program’s Website in a manner that would disrupt the use of the Program’s Website or enjoyment of the Program or Program’s Content by other users or persons. Simversity reserves the right to investigate any breach or alleged breach of this Agreement and to report any breach or alleged breach of this Agreement to law enforcement authorities should Simversity believe that an illegal or unlawful act has taken place as a result of any breach or alleged breach.
      3. Simversity may prevent You from using the Program’s Website if Simversity becomes aware of any of Your actions which breach or which can reasonably be construed as a breach of this Agreement. Simversity may limit or terminate your participation in the Program or Your use of the Program’s Website should Simversity determine that Your conduct or actions are detrimental to the Program or to others users enrolled in the Program. Simversity reserves the right to refuse to accept, post, display or transmit any content You submit to the Program or to the Program’s Website should Simversity believe that such content submitted by You is or could be deemed to be offensive to other users of the Program or disruptive to the Program.
    1. Copyrighted Information. You may not post or submit to the Program or to the Program’s Website any proprietary information of another party which is protected under copyright or trademark law. Simversity will respond to any notice Simversity receives alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content from the Program’s Website should Simversity determine that an infringement has occurred.
    2. Third Party Websites. The Program’s Website may include links to websites operated by third parties (“Third Party Websites”) and such links may be posted to the Program’s Website by Simversity, You, other users, or third parties. Simversity has no control over any Third Party Websites that may be linked from the Program’s Website. Simversity is not liable for any losses or damages You may incur by navigating to any Third Party Websites which may be linked from the Program’s Website. The presentation of any Third Party Website on the Program’s Website is not an endorsement by Simversity of any such Third Party Websites.
    3. WARRANTY DISCLAIMER.
      1. SIMVERSITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE PROGRAM, THE PROGRAM’S CONTENT OR THE PROGRAM’S WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE PROGRAM, THE PROGRAM’S CONTENT AND THE PROGRAM’S WEBSITE ARE PROVIDED “AS-IS” AND YOU ENROLL IN THE PROGRAM AND USE THE PROGRAM’S CONTENT AND WEBSITE SOLELY AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE COMMUNICATIONS DEVICE WHICH OCCURS AS A RESULT OF YOUR USE OF THE PROGRAM, THE PROGRAM’S CONTENT OR THE PROGRAM’S WEBSITE. SIMVERSITY MAKES NO WARRANTY THAT THE PROGRAM’S WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS.
      2. SIMVERSITY MAKES NO WARRANTY THAT ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE PROGRAM OR ON THE PROGRAM’S WEBSITE (INCLUDING THE PROGRAM’S CONTENT) IS TRUE, RELIABLE OR ACCURATE. SIMVERSITY MAKES NO WARRANTY THAT SIMVERSITY WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS IN THE PROGRAM, IN THE PROGAM’S CONTENT OR ON THE PROGRAM’S WEBSITE. SIMVERSITY MAKES NO WARRANTY THAT ANY USER OF OR ENROLLEE IN THE PROGRAM IS INDEED WHO THEY PURPORT TO BE.
    4. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIMVERSITY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INTANGIBLE LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS, LOST JOBS OR CONSULTING ARRANGEMENTS WHICH YOU MAY INCUR OR SUFFER AS A RESULT OF (1) YOUR ENROLLMENT IN THE PROGRAM, (2) YOUR USE OF THE PROGAM’S CONTENT, (3) YOUR USE OF THE PROGRAM’S WEBSITE OR (4) YOUR RELIANCE ON ANY INFORMATION ON THE PROGRAM’S WEBSITE, INFORMATION SUPPLIED TO YOU BY OTHER USERS ENROLLED IN THE PROGRAM OR YOUR DEALINGS WITH ANY THIRD PARTY WEBSITE WHICH MAY BE LINKED TO OR FROM THE PROGRAM’S WEBSITE. SIMVERSITY SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES THAT YOU INCUR AS A RESULT OF YOUR FAILURE TO PROTECT YOUR USERNAME/PASSWORD COMBINATION. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF SIMVERSITY HAS BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES. IF YOU BELIEVE THAT YOU ARE AT RISK OF ANY TYPE OF LOSS, WHETHER TANGIBLE OR INTANGIBLE, THEN YOU SHOULD NOT USE THE PROGRAM’S WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    5. Indemnification. You agree to hold Simversity harmless and indemnify Simversity from and against any third-party claim arising from or in any way related to Your enrollment in the Program, use of the Program’s Content or use of the Program’s Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
    6. Policies Regarding Program’s Content and Content Submitted by You.
      1. You acknowledge that You enroll in the Program, use the Program’s Content and the Program’s Website solely at Your own risk.
      2. Simversity takes no responsibility for any content, including any malicious software programs, which are posted or submitted by other users or third parties to the Program or to the Program’s Website or any damages that such content may cause to You. It is Your responsibility to review any content which You submit to or download from the Program’s Website. Simversity does not endorse or support any content that is submitted to the Program’s Website by You or other users enrolled in the Program.
      3. You represent and warrant that You have all the rights, power and authority necessary to submit Your content to Simversity, to the Program’s Website or to other users enrolled in the Program.
      4. Simversity reservesthe right to edit and/or remove any content submitted to the Program’s Website by You or other users enrolled in the Program which contains or references (i) pornography or obscene materials, (ii) pedophilia, incest or bestiality; (iii) threats of violence; (iv) hateful references to race, ethnic groups, religions, disabled persons, gender, age or sexual orientation; (v) violates the copyright, trademark or other proprietary rights of another; (vi) the private or confidential information of another person; and (vii) Spam, marketing for other services or products or malicious software code (such as viruses or malware).
      5. Simversity retains the right to retain an archived copy of any removed content or to report any removed content, or content deemed to contain or reference any materials referenced in Section 9(d)(i)-(vii), above, to law enforcement authorities or to comply with applicable laws or regulations. Simversity may also retain such content in order to preserve its rights.
    7. Proprietary Nature of Program’s Website and Program’s Content.
      1. You acknowledge that Your educational institution owns all right, title and interest in and to the Program’s Content and that such rights are protected by U.S. and international intellectual property laws, including laws prohibiting the misappropriation of trade secrets, copyright infringement and trademark infringement. You acknowledge that Simversity owns all right, title and interest in and to the underlying software code of the Program’s Website and that such rights are protected by U.S. and international intellectual property laws, including laws prohibiting the misappropriation of trade secrets, copyright infringement and trademark infringement. Accordingly, You agree that You will not reproduce, reverse engineer, copy, alter, modify, or create derivative works from the Program’s Content or the Program’s Website, including any content posted on the Program’s Website. You also agree that You will not use any robot, spider, other software or manual process to monitor or copy any Program’s Content or other content available on the Program’s Website.
      2. The marks “simversity” and the Simversity logo are trademarks of Simversity. These trademarks and other trademarks are protected under U.S. and international intellectual property laws. Other marks that may appear on the Program’s Website are proprietary to their respective owners.
      3. Nothing in this Agreement gives You any right or license to use any of the Program’s Content, underlying software code of the Program’s Website, content available on the Program’s Website, Simversity’s trademarks or any other proprietary information of Simversity.
    8. Your Rights in and to Submitted Content.
      1. You retain the rights to any comments, stories, posts or other proprietary content (“Your Proprietary Content”) You submit, post or display on or to the Program’s Website or the Program. By submitting, posting or displaying Your Proprietary Content on or to the Program’s Website or to the Program, (i) You represent that You hold title to Your Proprietary Content, (ii) Your submission or posting of Your Proprietary Content does not violate the privacy or proprietary rights of others, and (iii) You grant Simversity and your educational institution a perpetual, worldwide, non-exclusive and royalty-free license to reproduce, publish, create derivative works from, publicly display and distribute Your Proprietary Content through the Program or on the Program’s Website and to incorporate it into the Program’s Content.
      2. You understand and acknowledge that Simversity may transmit or distribute Your Proprietary Content submitted to the Program’s Website over various public electronic networks and in various media and may make such changes to Your Proprietary Content as necessary to conform and adapt to the Program’s Website. You agree that the license to Your Proprietary Content that You grant to Simversity includes these rights.
      3. After it has been submitted, posted or displayed, Your Proprietary Content may remain on the Program’s Website even if You decide to cease participating in the Program.
    9. General. This Agreement constitutes the entire agreement between You and Simversity regarding Your enrollment in the Program, Your use of the Program’s Content or use of the Program’s Website. Any failure by Simversity not to exercise or enforce any legal right or remedy available to Simversity shall not be construed as a waiver of such right or remedy. If any court of competent jurisdiction rules that any provision of this Agreement is invalid, then such provision shall be removed from this Agreement without affecting the remainder of the Agreement and this Agreement will continue to be valid and enforceable. This Agreement shall be governed under the laws of the State of Texas without regard to its conflict of laws provisions. Any claim or cause of action You may have against Simversity must be filed within one (1) year of the date on which the claim or cause of action occurred or such claim or cause of action shall be forever barred. The Program and Program’s Website have been designed to comply with the laws of the United States and Simversity does not make any representation or warranty that use of the Program, Program’s Content or Program’s Website is legal or lawful in other jurisdictions. You will be solely responsible for complying with applicable law should You access or use the Program, Program’s Content or Program’s Website from outside the United States.

    v.2010.12.28

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