INTRODUCTION
The Terms and Conditions (“Terms”) describe how Customer Simulation Technologies, LLC (“CustomerSIM”, “Company,” “we,” and “our”) regulates your use of the website “www.customersim.com” (the “Site”). Please read the following information carefully to understand our practices regarding your use of the Site. CustomerSIM may change these Terms of Use at any time. We recommend you check the Site frequently to see the most current version of the Terms.
By accessing, using, or downloading materials from this Site you agree to follow and be bound by these terms and conditions (“Terms of Use”) and CustomerSIM’s Privacy Policy. Your permission to access the CustomerSIM Simulations is contingent upon your active employment by an active client of CustomerSIM. If you disagree with any of the stated terms of use, or cease to be employed by a CustomerSIM customer, you are prohibited from using or accessing this site. The materials contained in this site are secured by relevant copyright and trademark law.
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS SITE MAY BE OUT OF DATE OR INCLUDE INACCURACIES, OMISSIONS OR OTHER ERRORS. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CUSTOMERSIM HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL CUSTOMERSIM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS SITE OR ANY OTHER HYPERLINKED WEB SITE.
INDEMNIFICATION
In exchange for accepting the benefits you receive by accessing this Site, you agree to defend, indemnify and hold harmless CustomerSIM, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Site.
GOVERNING LAW AND JURISDICTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in California and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between CustomerSIM and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
PRIVACY POLICY
Our Privacy Policy is available on a separate page, www.customersim.com/privacypolicy.html. Our Privacy Policy explains to you how we process information about you. You shall understand that through your use of the Site you acknowledge the processing of this information shall be undertaken in accordance with the Privacy Policy.
SECURE AND PASSWORD PROTECTED AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. You are responsible for maintaining the confidentiality of any password(s) you are given to access such areas of the Site and are fully responsible for all activities that occur under your password(s). You agree to notify CustomerSIM immediately of any unauthorized use of your password(s) or account. Unauthorized persons attempting to access these areas of the Site may be subject to prosecution.
Your permission to access the CustomerSIM Simulations is contingent upon your active employment by an active client of CustomerSIM. If you disagree with any of the stated terms of use, or cease to be employed by a CustomerSIM customer, you are prohibited from using or accessing this site.
TERMINATION AND ACCESS RESTRICTION
The Company may terminate your access and account to the Site and its related services or any part at any time, without notice, and without liability to you or any third-party. In addition, access to the Site may be monitored by CustomerSIM.
The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the Site and may not enter into the Terms under any circumstances.
PROHIBITED USES AND INTELLECTUAL PROPERTY
You shall not use the Site for unlawful or prohibited purpose. You may not use the Site in a way that may disable, damage, or interfere with the Site.
All content present on the Site includes text, code, graphics, logos, images, compilation, and software used on the Site (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your use of the Site shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. The Company does not grant you any licenses to the intellectual property of the Company.
Your use of the Site, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to, not causing an unreasonable or disproportionately large processing load on our Site or systems, not engaging in any conduct that restricts or inhibits use of the Site by others, and not introducing or transmitting any virus, worm, Trojan horse or other material that may harm or disrupt our Site or systems. Unauthorized use of the Site, misuse of passwords, or misuse of any information or material posted on this Site is strictly prohibited.
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send CustomerSIM a notice requesting us to remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the Digital Millennium Copyright Act permits you to send CustomerSIM a counter-notice. Learn more at the U.S. Copyright Office site.
THIRD PARTY SITES
The Site may contain hyperlinks to Web sites controlled by parties other than CustomerSIM. CustomerSIM is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites. You should refer to the policies posted by these Web sites regarding privacy and other topics before you use them.
REGISTRATION INFORMATION
You may be invited to register at the Site to help us tailor the services for your personal and business needs and to alert you of other products and services for you or your business. In registering for the services, you agree to provide accurate, true, current, and complete information about you and your business as requested by the registration screens. As a convenience to you, a profile for you or your business may be created based on the registration information that you provide.
MISCELLANEOUS
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and CustomerSIM with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and CustomerSIM with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with CustomerSIM, CustomerSIM will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. CustomerSIM’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by CustomerSIM of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between CustomerSIM and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
COOKIES
“Cookies” are pieces of data that a Web site transfers to the hard drives of users’ computers to better serve them when they return to a Web site. Cookies do not identify people; they identify computers. The use of cookies is common and intended to provide users with better and more personalized features. CustomerSIM reserves the right to use cookies in conjunction with the site, at its discretion. If you prefer not to receive cookies, you can set your browser to warn you before accepting cookies and refuse the cookie when alerted by your browser. You do not need to have cookies turned on to use any area of a Web site.
FEEDBACK
You agree that any and all suggestions, comments, and feedback that you submit at or via this Site in connection with any CustomerSIM products and services (“Feedback”) shall be deemed to be non-confidential, except as otherwise specifically agreed or required by law. CustomerSIM also shall be free to use any Feedback without any restriction of any kind. Such Feedback may include ideas for new or improved products or services, concepts, know-how, techniques, etc.
CONTACT INFORMATION
If you have any questions regarding these Terms of Use, our Privacy Policy or other aspects of the Site, please contact CustomerSIM through our website at www.customersim.com/contact.html