Last Updated March 8, 2018
These terms of use are the entire agreement between you and Simantex in relation to your use of and access to the website (the “Site”). When you gain access to or use the site, you accept and agree to these terms of use. Simantex may revise these terms of use at any time and will change the last updated date accordingly. manner.
OWNERSHIP
All copyrights and other intellectual property rights in the Site, including without limitation all software and content included, are owned by Simantex, Inc. ("Simantex") and are hereby reserved.
USE OF WEBSITE AND DOCUMENTS
No permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Site, except for internal evaluation purposes. Use for any other purpose is expressly prohibited and may result in civil and criminal penalties. You agree to use any communication or information sharing features of the Site only to post, send and receive messages and material that are proper. For example, you agree that when using the Site, you will not (i) send surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) post language that may violate the legal rights of others or may be defamatory, obscene, racist, lewd, lascivious, violent, harassing, unlawful, or otherwise objectionable material; (iv) post files that contain material protected by intellectual property laws unless you own rights thereto (v) advertise or offer to sell or buy any goods or services for any business purpose, unless specifically authorized by Simantex in writing; (vi) restrict or inhibit any other user from using Site; (vii) collect data about other Site visitors; or (viii) violate any applicable laws or regulations. Simantex may not monitor the Site, although Simantex reserves the right to remove and/or edit any materials in our sole discretion. Simantex reserves the right to terminate your access to the Site at any time, without notice. Simantex may be required to disclose information to satisfy any applicable law, regulation, legal process or governmental request.
TRADEMARKS/COPYRIGHTS
Simantex®, Simantex (SM), the Simantex logo, and any other marks used on the Site are trademarks of Simantex or their respective owners. Such marks may not be used without the prior written consent of Simantex. Any use of those marks, or any others displayed on the Site will inure solely to the benefit of their respective owners.
NO UNLAWFUL OR PROHIBITED USE
You may not use the Site for any unlawful purpose or as otherwise prohibited by these terms of use. You may not damage, disable, overburden or otherwise impair any Simantex server or the network(s) connected to any Simantex server, or interfere with any other person's use of the Site. You may not attempt to gain unauthorized access to the Site, systems or networks connected to any Simantex server.
LINKS
Links to third party websites are provided for convenience only, and Simantex makes not recommend or endorse as to such websites or the products or services offered thereon.
You may link to the Simantex Site, unless notified otherwise in writing by Simantex. However, you may not (i) frame the Site; (ii) cause confusion to Simantex customers; (iii) interfere or attempt to interfere in any way with the operation of the Website; (iv) engage in any data mining or use of a robot, scraper or other automated device; or (v) circumvent or attempt to circumvent any Site security features.
SPAM EMAIL AND POSTINGS
Use of the Site in connection with the transmission of spam, newsgroup postings or unsolicited email is strictly prohibited and Simantex is entitled to seek injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Simantex reserves the right to block, filter or delete unsolicited email.
U.S. EXPORT ADMINISTRATION LAWS AND REGULATIONS
You agree that material on the Site is subject to the U.S. Export Administration Laws and Regulations and diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Site is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You represent and warrant that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
DISCLAIMER
THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT.
ANY CONTENT PROVIDED THROUGH THE SITE THAT IS RELATED TO SUPPORT OF SIMANTEX SERVICES IS SUBJECT TO THE TERMS AND CONDITIONS OF THE MASTER SERVICES AGREEMENT BETWEEN YOU AND SIMANTEX, AND NOT TO THESE TERMS OF USE.
LIMITATION OF LIABILITY
AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL SIMANTEX BE LIABLE TO YOU OR ANY OTHER PARTY IN ANY MANNER WHATSOEVER FOR USE OF OR ACCESS TO THE SITE; AND (ii) SIMANTEX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF SIMANTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTICES OF COPYRIGHT INFRINGEMENT
If you believe that material posted on the Site infringes your copyright, you should provide notice of such infringement to the following person, who is Simantex's designated agent for the purposes of the Digital Millennium Copyright Act (17 U.S.C. 512): Simantex General Counsel, available at the following email address: info@simantex.com.
GOVERNING LAW AND JURISDICTION
This site is controlled and operated solely within the United States. You are responsible for compliance with compliance with applicable law should you access the Site from outside the United States. Your use of the Site shall be governed by the laws of Rhode Island, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. Any proceeding arising out of or in connection with this Site shall be in the state or federal courts located in Providence, Rhode Island.
