Site Terms of Use 

Welcome to the SimStore website, available at www.simstore.com (this "Site"). This Site is owned and operated by HealthStream, Inc. and Laerdal Medical A/S, who are together doing business as (d/b/a) SimVentures (collectively, "SimVentures"). Please read these Terms of Use carefully before using this Site. By accessing or using this Site in any way, including browsing this Site, using any information, using the site to manage Applications with simulators and/or submitting any content or personal information via this Site, you agree to and are bound by the terms, conditions, policies, and notices contained on this page (these "Terms").

 

Site Content

 

Except as otherwise provided by a third party, all content on this Site is © 2011 SimVentures and/or its licensors. This Site contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including text, software, applications, sound, photographs, buttons, images, logos, video, and graphics (the "Content"), and the entire selection, coordination, arrangement and "look and feel" of this Site and the Content are copyrighted as a collective work under copyright laws (collectively, "Intellectual Property Rights").

 

Neither these Terms nor your use of this Site transfers any right, title or interest in the Site, Content, or Intellectual Property to you. SimVentures and its third-party licensors retain all of its and their respective right, title, and interest to the Site, Content, and Intellectual Property. Any rights not expressly granted are reserved.

 

Except as expressly provided in these Terms or in any other written agreement between you and SimVentures, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part, without the express written permission of SimVentures.

 

This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service, or other unforeseen circumstances. Further, a reference to a product or service on this Site does not imply that the product or service is or will be available in your location. The Content of this Site is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. This Site is provided from the United States of America, and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of this Site. SimVentures does not make any representations regarding the legality of this Site in any other country, and it is your sole responsibility to ensure that your use complies with all applicable laws.

 

Certain materials on this Site may be furnished by third parties. Certain company designations for companies other than SimVentures may be mentioned in this Site for identification purposes only. Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.

 

User Conduct

 

By using this Site, you agree that you shall not:

 

  • delete, modify, hack or attempt to change or alter any of the Content on this Site;
  • attempt to access accounts, computer systems, or networks connected to any SimVentures servers or to this Site, through hacking, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through this Site;
  • use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of this Site or servers or networks connected to this Site, or take any other action that interferes with other parties' use of this Site;
  • use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on this Site for purposes other than for a generally available search engine;
  • use any SimVentures names, service marks, logos, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
  • use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; or
  • upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

 

Permissible Use

 

Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit, and print the Content available on this Site subject to the following conditions:

 

  • you may only use the Content for personal, informational, or internal business purposes;
  • you may not provide, sell, license, or lease the Content for any fee or other consideration;
  • you must ensure all copyright, trademark, and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
  • you may not modify or alter the Content in any way; and
  • you may not use any graphics separately from accompanying text.

 

Unless you and SimVentures have agreed otherwise in writing, you may link or hyperlink to the top-level home page of the Site from any website, but only if:

 

  • you do not frame the Site or any portion of the Site;
  • the hyperlink to the Site is not used in a way that suggests that SimVentures endorses you or your website;
  • the link to the Site is not used or presented in any way that disparages SimVentures or tarnishes, blurs, or dilutes the quality of SimVenturesís name or trademarks or any associated goodwill; and
  • the link to the Site is not displayed on any web page that displays objectionable content or links, including but not limited to, any content or information that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful, or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any personís privacy or publicity rights, a misrepresentation of facts, hate speech, or an infringement of any third partyís intellectual property or proprietary rights; or (iv) violates or encourages others to violate any applicable law.

 

Username and Password; Submissions And Contributions

 

In order to access certain features on this Site and to post content on this Site, you may be required to create or obtain an account. By setting up or using an account, you agree to provide SimVentures with accurate and complete information. You are responsible for protecting and maintaining the secrecy of your username and password. SimVentures will not be responsible or liable for any loss or damage resulting from your failure to comply with this security obligation. You are solely responsible for any and all activities or actions that occur under your account, whether or not you have authorized the activities or actions. You agree to notify SimVentures of any unauthorized use of your username or password immediately.

 

Except as otherwise provided in any applicable written agreement, SimVentures does not seek or accept unsolicited ideas or suggestions relating to the development, design, manufacture, or marketing of its products applications and content. If you choose to submit feedback or any ideas regarding the products applications and content offered through the Site, you acknowledge and agree that you do so voluntarily without creating any contract or confidentiality obligations. The content of your submission, including remarks, suggestions, ideas and other content will become and remain the sole property of SimVentures, and SimVentures shall be entitled to use the submission and any ideas for any purpose whatsoever, without restriction and without compensation to you. You warrant that any materials, information and/or images you contribute or submit to SimVentures are original or are in the public domain and that you are the sole author with the full power to submit the same and to grant the above rights to SimVentures.

 

Ratings and Public Comments

 

There may be opportunities for rating and public comment on this Site (the "Ratings"). The Ratings offer an opportunity for communication and information sharing among a variety of participants. SimVentures hopes the Ratings provide visitors with a wealth of information from fellow participants and public commentators. However, please take a moment to read these guidelines for participation in the Ratings.

 

When participating in the Ratings, please share your thoughts politely and constructively. While SimVentures encourages discussion of challenging topics, we want to make sure that they take place in a climate of mutual respect. User-generated content that is abusive, vulgar, racist, slanderous, harassing, misleading, irrelevant, or otherwise objectionable, or any comment that calls for unlawful or illegal behavior or might result in harm to others is strictly prohibited.

 

User comments do not represent the professional advice or opinions of SimVentures or its personnel. The results of any actions you take based on the comments available in the Ratings are your responsibility alone. You are solely responsible and liable for all activities conducted by you in connection with the Ratings and for the content of your comments.

 

Users are solely responsible for ensuring that they do not act in any manner that constitutes, or forms a part of a course of conduct amounting to, a violation of any state, federal or other applicable competition law. If you violate these Terms, you may have your access to the Ratings suspended and may permanently be banned from using the Ratings. In the event that any user has concerns that posted information is objectionable, the user is encouraged to contact SimVentures at webmaster@simstore.com. SimVentures will make reasonable efforts to remove the comment if removal is necessary.

 

You are not allowed to upload, post, or transmit any message, data, code, or software that would violate the proprietary rights of SimVentures or others, including unauthorized copyrighted text, images or programs, trade secrets, or other confidential proprietary information, or use any trademarks or service marks in an infringing fashion.

 

You are not allowed to upload, post, or transmit photos or video of any third party without its express permission. By uploading, transmitting, or posting any photo or video on the Site or Ratings, you warrant that you have express permission from all persons appearing in the media.

 

You are not allowed to upload, post, or transmit any materials, data or media that includes your personal health information (ìPHIî) or the PHI of any third party.

 

You are not allowed to upload, post, or transmit any advertisements or solicitations of business, chain letters, or pyramid schemes, or to upload, post, or transmit the same posting more than once.

 

SimVentures has no obligation to monitor any Ratings on this Site. However, SimVentures reserves the right to review, modify, distribute, remove, or delete any public comment at any time. SimVentures also reserves the right at all times to disclose any information as SimVentures deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in SimVentures's sole discretion.

 

By uploading, transmitting, or posting any content, you grant SimVentures a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the content in its entirety or in part for any purpose. You also certify that any person appearing or referenced in the transmitted or posted content has authorized SimVentures to use copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute the content in its entirety or in part for any purpose. SimVentures is not obliged to maintain back-up copies of any material submitted or posted on the Ratings.

 

Other Sites; Third-Party Content

 

As a convenience to you, this Site may provide links to websites and access to content, products, and services of third parties, including SimVentures' affiliates, strategic partners, and other entities with which our connection consists of only a hyperlink ("Linked Sites"). All Linked Sites are provided only because they may be of interest to Site users. Information and views contained in Linked Sites are not adopted or endorsed by SimVentures.

 

You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. SimVentures does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on the Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by SimVentures, or vice-versa; (b) third-party content accessible through the Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with advertisers other than SimVentures found on or through this Site.

 

Modifications to Terms

 

SimVentures may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of the changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to terminate your use of this Site immediately.

 

Termination /Modifications of Site

 

SimVentures reserves the right to modify or terminate your access to this Site or portions of this Site, at any time, temporarily or permanently, with or without notice to you, for any reason, and is not obligated to support or update this Site. Sections 1, 10 - 19 and this Section 8 of these Terms shall survive any termination. SimVentures also may impose limits on certain features and services, restrict your access to parts or this entire Site, or charge fees for access to portions of this Site without notice or liability. You acknowledge and agree that SimVentures will not be liable to you or any third party in the event that SimVentures exercises its right to modify or terminate access to this Site or portions of this Site.

 

Your Privacy

 

SimVentures will treat any information it collects or receives from you through this Site in accordance with its online Privacy Statement (the ìPrivacy Statementî), which is incorporated by reference. Please review the Privacy Statement before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Statement, please do not use this Site.

 

Copyright Infringement

 

In accordance with the US Federal Digital Millennium Copyright Act ("DMCA"), SimVentures has designated an agent to receive notifications of alleged copyright infringement associated with this Site. SimVentures will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at copyright@simstore.com or through the address at the end of this page. When notifying SimVentures of the alleged copyright infringement please provide SimVentures with the following information:

 

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
  • identification of the copyrighted work alleged to have been infringed;
  • a description of the material that is claimed to be infringing and information sufficient to locate the material on this Site;
  • information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
  • a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright ownerís behalf.
  • If material is believed in good faith by SimVentures to infringe a copyright or otherwise violate any intellectual property rights, SimVentures will remove or disable access to the material.

 

Typographical Errors

 

Our goal is to provide complete, accurate, and up-to-date information on this Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. SimVentures therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

 

No Medical Advice

 

The Site is designed for educational and informational purposes only. This Site does not provide medical advice, diagnoses or recommendations about medical treatment, and does not recommend or endorse any products or information for any particular circumstances. You expressly acknowledge and agree that SimVentures is not responsible for the results of any decisions made based on your use of this Site or any Forum.

 

THE CONTENT ON THIS SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.

 

Disclaimer

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. SIMVENTURES AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. SIMVENTURES SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS SITE AND ALL CONTENT, TOOLS, APPLICATIONS, PRODUCTS, AND SERVICES PROVIDED ON THIS SITE. SIMVENTURES MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) ANY PARTICULAR RESULTS MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, TOOLS, APPLICATIONS, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) DEFECTS, IF ANY, WILL BE CORRECTED.

 

Limitation of Liability

 

IN NO EVENT SHALL SIMVENTURES OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS OR USE THIS SITE OR ANY CONTENT, INTELLECTUAL PROPERTY, APPLICATIONS, TOOLS, PRODUCTS, INFORMATION, OR SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF SIMVENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE LIMITATIONS SET FORTH IN THIS SECTION 17 ARE HELD TO BE UNENFORCEABLE FOR ANY REASON, SIMVENTURESíS LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00 USD).

 

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation on Actions

 

You agree that any dispute arising out of these Terms or your use of this Site must be filed within one (1) year after the claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by SimVentures to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

 

Dispute Resolution

 

You agree that any dispute arising out of or relating in any way to your use of this Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, SimVentures may seek injunctive or other appropriate relief. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

 

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

 

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of New York, or to any Federal Court located within the State of New York for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section 20 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in New York.

 

Acknowledgement

 

You acknowledge (a) that you have read and understood these Terms and (b) that these Terms have the same force and effect as a signed agreement.

 

General

 

If any provision in these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. SimVenturesís failure to act with respect to a breach by any visitor using this Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of New York without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws, rules and regulations of the United States will govern. These Terms of Use and the Privacy Statement as posted from time to time by SimVentures on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to the subject matter.

 

Contact Information

 

If you have any questions about these Terms of Use, the practices of SimVentures, or your dealings with this Site, please contact us at webmaster@simstore.com. You may also contact us to update your personal information by notifying us when you change your name or email address.