This website terms of use agreement ("Website Terms of Use") governs your use of the website www.Simversity.com (the "Website"). If You do not agree to these Website Terms of Use, You may not use the Website.

1) Acceptance of the Website Terms of Use.

(a) Any use of the Website operated by Simversity, LLC ("Simversity") is governed under these Website Terms of Use. The most recent version of the Website Terms of Use will always appear on the Website and You will always be bound by the most recent Website Terms of Use, even if you are not notified of any changes. You must be of legal age (over eighteen years of age in the United States) to use the Website.

(b) Any online courses in which You may enroll will be governed under a separate terms of use governing Your enrollment in that online course. Should the terms of use of any online course conflict or differ with these Terms of Use, including any circumstances not addressed by these Terms of Use, the terms of use of such online course shall control.

2) Website Privacy Policy. The Website Privacy Policy is a part of these Website Terms of Use and incorporated into the Website Terms of Use by reference.

3) Use of the Website.

(a) You agree to use the Website only as set forth in these Website Terms of Use and according to applicable laws and regulations. You are responsible for any content that You may submit to the Website. You are responsible for any of Your actions that breach or could reasonably be construed as a breach of these Website Terms of Use and You may be held responsible for any damages caused by such breach. You may not use the Website in a manner that would disrupt the use of the Website by other users or persons. Simversity reserves the right to investigate any breach or alleged breach of these Website Terms of Use and to report any breach or alleged breach of these Website Terms of Use to law enforcement authorities.

(b) Simversity may prevent You from using the Website if Simversity becomes aware of any action which breaches or which may be reasonably construed as a breach of these Website Terms of Use. Simversity may also limit Your use of the Website for any other reason and retains the right to terminate Your use of the Website at its sole discretion. Simversity reserves the right to refuse to accept, post, display or transmit any content submitted to the Website.

(c) Simversity has no responsibility to store or maintain any content submitted to or posted on the Website and will not be held liable for any failure to store or maintain any such content.

4) Copyrighted Information. You may not post or submit to the Website any proprietary information of another party which is protected under copyright or trademark law. Simversity will respond to any notice we receive alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred.

5) Third Party Links. The Website may include links to websites operated by third parties ("Third Party Websites"). Simversity has no control over any Third Party Websites that may be linked from the 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 Website.

6) WARRANTY DISCLAIMER. SIMVERSITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE 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 WEBSITE IS PROVIDED "AS-IS" AND YOU ARE TO USE THE WEBSITE SOLELY AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) WHICH OCCURS AS A RESULT OF YOUR USE OF THE WEBSITE. SIMVERSITY MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS. SIMVERSITY MAKES NO WARRANTY THAT ANY INFORMATION AVAILABLE ON THE WEBSITE IS TRUE, RELIABLE OR ACCURATE. SIMVERSITY MAKES NO WARRANTY THAT IT WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE.

7) 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 YOUR USE OF THE WEBSITE OR YOUR RELIANCE ON ANY INFORMATION ON THE WEBSITE OR YOUR DEALINGS WITH ANY THIRD PARTY WEBSITE WHICH MAY BE LINKED TO OR FROM THE WEBSITE. 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.

8) 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 use of the 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.

9) Content Policy. Simversity takes no responsibility for any content posted or submitted to the Website by You or third parties or any damages that such content may cause to You. It is Your responsibility to review any content which You submit to the Website. Simversity does not endorse or support any content that You or third parties submit to the Website. You represent and warrant that You have all the rights, power and authority necessary to submit any content submitted to the Website. Simversity reserves the right to review and/or remove any content submitted to the Website. Simversity retains the right to report any content deemed to violate the rights of another to law enforcement authorities or to comply with applicable laws or regulations. Simversity retains the right to retain an archived copy of any content in order to preserve its rights.

10) Proprietary Nature of Website. You acknowledge that Simversity owns all right, title and interest in and to the Website and such rights are protected by U.S. and international intellectual property laws. Accordingly, You agree that You will not reproduce, reverse engineer, copy, alter, modify, or create derivative works from the Website, including any content posted on the Website. You also agree that you will not use any robot, spider, other software or manual process to monitor or copy any content available on the Website. The logos and trademarks on the website are Simversity’s intellectual property and are protected under U.S. and international intellectual property laws. Nothing in these Website Terms of Use gives You any right or license to use any of Simversity’s proprietary information, including its trademarks.

11) Your Rights in and to Submitted Content. By submitting, posting or displaying content on or to the Website, You grant Simversity a perpetual, worldwide, non-exclusive and royalty-free license to reproduce, publish, create derivative works from, public display and distribute such content on the Website, even if Simversity receives compensation or remuneration through its operation of the Website, through any derivative works prepared from the Website or through any content submitted, posted or displayed on the Website. You understand and acknowledge that Simversity may transmit or distribute content submitted to the Website over various public networks and in various media; and make such changes to content as necessary to conform and adapt content to the Website. You understand and acknowledge that Simversity may make submitted content available to other companies, business firms, organizations or individuals for its own business purposes. You agree that the license You grant to Simversity includes these rights.

12) General. Except as enumerated herein, these Website Terms of Use constitute the entire agreement between You and Simversity regarding use of the Website. Any failure by Simversity not to exercise or enforce any legal right or remedy available to it shall not be construed as a waiver of such right or remedy. If any court of competent jurisdiction rules that any provision of these Website Terms of Use is invalid, then such provision shall be removed from these Website Terms of Use without affecting the remainder of the Website Terms of Use and these Website Terms of Use will continue to be valid and enforceable. These Website Terms of Use 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.

Website Privacy Policy

This Website Privacy Policy is part of the Website Terms of Use and, except as described in the Website Terms of Use, governs Your use of the Website. You may not use the Website if You do not agree to this Website Privacy Policy. Simversity recognizes that privacy is important and our goal is to protect Your information.

1) Information the Website Collects and How Simversity Uses It.

(a) Simversity may use cookies, which are small data files containing a string of characters and which are stored on Your computer, to improve Your experience with the Website. Cookies will not contain any of Your personal information. If You set your browser not to accept cookies, Your experience of the Website might be different.

(b) Should You email Simversity with questions, complaints or comments, it may retain such email communications. Simversity will protect such email communications and will not disclose any contents of the email communications unless the sender explicitly agrees to such disclosure.

(c) When You access the Website, the Website might record information sent by Your browser, including IP addresses of the computer You use, the kind of browser You use, and cookie information. Simversity may use this information to improve users’ experience with the Website or to identify persons who may violate this Website Privacy Policy or the Website Terms of Use of the Website. Simversity reserves the right to prevent any identified individuals who may violate the Website Privacy Policy or the Website Terms of Use from using the Website.

(d) Simversity only processes information submitted to the Website for the purposes described in this Website Privacy Policy or in the Website Terms of Use for the Website. These purposes include: display of submitted content; to improve our advertising efforts; research and analysis to improve the Website and the services Simversity offers through the Website; ensuring the proper functioning of the Website; developing new services or content for the Website; and protecting Your rights and the rights of other users of the Website.

2) Information Security. Although Simversity takes appropriate security measures to protect information submitted to the Website, its security efforts are dependent upon the security procedures of the hosting provider used to host the Website. Simversity cannot warrant or ensure that the hosting provider’s security measures will protect information submitted to the Website.

3) Third Party Websites. Simversity may present links to Third Party Websites on the Website. This Website Privacy Policy only applies to the Website. It does not govern the use of any Third party Website. If You believe You have an issue or complaint with an operator of a Third Party Website then You should contact such operator directly.

4) Enforcement. Simversity will enforce this Website Privacy Policy, and if You violate any of its terms, Simversity may prevent You from using the Website. If You believe that a person has violated this Website Privacy Policy then contact Simversity. If Simversity believes that You or another person may have used the Website for illegal or unlawful purposes then Simversity reserves the right to submit any and all information related to the alleged incident to law enforcement entities.

5) Changes to this Website Privacy Policy. This Website Privacy Policy may change from time to time. The most current version of the Website Privacy Policy will always appear on the Website.

v. 2011.8.2