Terms & Conditions
Thank you for visiting the SIM USA, Inc. (“SIM”) web site (the “Site”). This page sets out the terms and conditions (“Terms and Conditions”) which govern use of the Site and compliance with these rules is a condition of use.
By using the Site, you agree: (1) that you have reviewed and understood our Privacy Policy and these Terms and Conditions, (2) that you accept and are subject to our Privacy Policy and these Terms and Conditions, and (3) that SIM is permitted to use your personal information as set forth in our Privacy Policy.
Ownership of the Site
All content included on the Site (including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) (the “Site Content”), and the compilation of all such Site Content on the Site, is the property of SIM or its content suppliers and may be protected by United States and international copyright laws.
You may not frame or utilize framing techniques to enclose any name, trademarks, service marks, Site Content, or other proprietary information of SIM without the express written consent of SIM.
Trademarks
All trademarks not owned by SIM or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SIM or its subsidiaries.
Accuracy and Integrity of Information
Although SIM attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform SIM so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Disclaimer of Warranties
SIM DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NONINFRINGEMENT. SIM SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. SIM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
SIM DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT SIM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OF INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
Limitation of Liability Regarding Use of the Site
SIM AND ANY THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnity
You agree to defend, indemnify and hold harmless SIM, its partner organizations, and affiliates (together with their respective employees, agents, directors, officers and members) from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site; your failure to use the Site; your breach or alleged breach of these Terms and Conditions or the Privacy Policy; and/or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.
Links or Pointers to Other Sites
The Site may contain links to websites operated by parties other than SIM. Such links are provided for the users’ convenience only. Their inclusion does not imply any endorsement of the linked site or any association with its operators. Such websites are not under the control of SIM, and as such, SIM is not responsible for their contents, including without limitation any link contained in them, or any changes or updates to them. SIM is not responsible for any form of transmission received from such websites.
SIM is not responsible for the terms, conditions and policies of such websites. You are encouraged to review the terms, conditions, and privacy statements of such websites so that you can know how those websites collect, use and share your information. You are solely responsible for evaluating the accuracy and completeness of any information contained on third party websites, and also the value and integrity of any goods and services offered by such websites.
Your sole remedy for dissatisfaction with the site, site related services, and/or hyperlinked websites, is to stop using the site and/or those services. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
General
SIM reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without cause, and with or without notice. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. The Site, the Privacy Policy, and these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina exclusive of its choice of law rules. By using the Site, you agree to submit to the exclusive jurisdiction of, and agree that all disputes directly or indirectly related to the Site, the Privacy Policy, and these Terms and Conditions shall be litigated solely in, the state and federal courts sitting in the County of Mecklenburg in the State of North Carolina and no other place, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts. These Terms and Conditions constitute the entire agreement between SIM and you pertaining to the subject matter hereof. In its sole discretion, SIM may from time-to-time revise these Terms and Conditions by updating this posting. You should, therefore, periodically visit this page to review the current Terms and Conditions, so you are aware of any such revisions to which you are bound. Your continued use of the Site following posted changes of these terms indicates your acceptance of these changes. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within the Site.
Contacting the Site
If you have any questions about these Terms and Conditions, the practices of SIM, or your dealings on the Site, you can contact us here or by the methods listed below:
Mailing Address
SIM USA
14830 Choate Circle
Charlotte, NC 28273-9105
Phone Number
Toll-Free 1-800-521-6449