SIMA

SIMA Terms of Use

Welcome to SIMA (the "Application"). These Terms of Use govern your use of the Application and its contents. The terms "Neuone," "we," "us" and "our" refer to Neuone, LLC.

BY USING THIS APPLICATION, YOU AGREE TO THESE TERMS OF USE, THE Neuone PRIVACY STATEMENT, AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE APPLICATION.

1. Registration

You must register in order to use certain parts of the Application's services and functions.
During registration, you will be required to provide contact information consisting of an email address, username, password, mobile number, etc.
You may select any username you want. Exceptions are that your username cannot be an impersonation, the same or confusingly similar to a famous trademark, or be a term that is offensive in any way. You may, but are not obligated to, use your own name. If you do use your own name, you consent to it being passed to others by use of the functions of the Application. Neuone reserves the right to reject or remove any username that does not meet applicable standards.

2. Age of Users

Children under the age of 13 may not use this Application and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
If you are under the age of 18 but at least 13 years of age, you may use this Application only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Application, including all financial charges and legal liability that he or she may incur.

3. Non-Commercial Use

This Application and its contents are for your own personal non-commercial use only.

4. Neuone Privacy Statement

Your use of this Application signifies your continuing consent to the Neuone Privacy Statement , which you can examine any time by clicking on the "Privacy" link within the Application.
Personal information that you supply to Neuone, and any information about your use of the Application that we obtain will be subject to the Neuone Privacy Statement.

5. Changes to Application

We may discontinue or change any Application content, service, function or feature at any time with or without notice.

6. Proper Use of This Application

You may use the Application for lawful purposes only and may use the Application only in ways consistent with the law.
You may not use any program, spider or "bot" to gather or "harvest" information from this Application.

7. Proprietary Rights

Neuone and/or its suppliers reserve all rights under intellectual property law in the Application and its associated products and in any content accessible within or through use of the Application.
Except as Neuone may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from Neuone or its suppliers without our express prior written consent.

8. Changes to the Terms of Use

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Application's "Terms of Use" link. If you continue to use this Application after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

9. Electronic Delivery Statement and Your Consent

You agree that we may provide to you notices and other information concerning Neuone or this Application electronically, including notice to any email address that you may provide.

10. Content That You Supply

Neuone may allow you to supply content for the Application or its functions that can be accessed and viewed by others. You agree not to post any content that violates these terms. Content that violates applicable rules may be removed.
You grant us and our affiliate companies the perpetual sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote this content in any way and in any commercial or non-commercial medium or form without charge.

11. No Duty to Monitor

You agree that we are not liable for content that may be provided by others. We have no duty to screen content that you may supply, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove any content for any reason at any time.

12. Third Party Sites and Advertisers

Neuone may include on its Application links to third party web sites or applications. You agree that we are not responsible or liable for any content, functions or other materials on third party sites or applications. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that Neuone is not responsible for any claim or loss due to a third party site or any advertiser.

13. Disclaimer of Warranties

We provide this Application and any contents therein or services provided thereby "AS IS." We and our suppliers make no express warranties or guarantees about this Application. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE APPLICATION IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS APPLICATION OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
You may not assert claims for money damages arising from use of this Application or reliance upon its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Neuone and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Application. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16. International Use

We make no representation that this Application or its content is appropriate or available for use in locations outside the United States. If you choose to use this Application from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

17. Choice of Law and Location for Resolving Disputes

You agree that the laws of the state of Texas and US Federal law govern these terms of use, its subject matter, your use of the Application, and any claim or dispute that you may have against us, without regard to its conflict of laws and rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Texas in the city of Austin, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

18. Binding Arbitration

You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Neuone will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and Neuone may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

19. Severability and Integration

This contract and any supplemental terms, policies, rules and guidelines posted within or through the Application constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

20. Termination

We reserve the right to terminate your use of the Application if you violate the Terms of Use or any rules or guidelines posted within or through the Application or for any other reason in our discretion.

21. Claims of Copyright Infringement

If you believe that your work has been copied and is accessible on or through the Application in a way that constitutes copyright infringement, we welcome you to contact our Customer Service Team at support@sima.io for information on how to report possible copyright infringement.