SIMSOL® WebI2V™ Website Terms of Use and Notices

Last updated on August 5th, 2004

1. THIS IS AN AGREEMENT BETWEEN YOU AND SIMSOL

This is an agreement ("Agreement") between you and Simultaneous Solutions ("SIMSOL"), a Florida Corporation. This Agreement governs your use of any Web site or Web page operated by SIMSOL (each, a "SIMSOL Web Site," and collectively, the "SIMSOL Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

SIMULTANEOUS SOLUTIONS OFFERS THE SIMSOL WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SIMSOL WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW SIMULTANEOUS SOLUTIONS MAY MODIFY THIS AGREEMENT

Simultaneous Solutions reserves the right to change the terms, conditions, and notices under which it offers the SIMSOL Web Sites, including any charges associated with the use of the SIMSOL Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any SIMSOL Web Site. Your continued use of the SIMSOL Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any SIMSOL Web Site may itself contain additional terms (for example, codes of conduct) that further govern use of that SIMSOL Web Site, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a SIMSOL Web Site, then the terms in this Agreement shall control.

4. NO UNLAWFUL OR HARMFUL USE OF THE SIMSOL WEB SITES

The SIMSOL Web Sites are only for your personal use. You will not use the SIMSOL Web Sites in any way that is unlawful, or harms Simultaneous Solutions, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Simultaneous Solutions Party" and collectively, the "Simultaneous Solutions Parties") or any customer of a Simultaneous Solutions Party, as determined in Simultaneous Solutions's sole discretion. Simultaneous Solutions may tell you about certain specific harmful uses in a code of conduct or other notices available through a SIMSOL Web Site, but has no obligation to do so. You may not use the SIMSOL Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the SIMSOL Web Sites. Without limiting the generality of this section, you may not use the SIMSOL Web Sites in any manner that could damage, disable, overburden, or impair any SIMSOL Web Site (or the network(s) connected to any SIMSOL Web Site) or interfere with any other party's use and enjoyment of the SIMSOL Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the SIMSOL Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the SIMSOL Web Sites in any way that violates the Simultaneous Solutions Anti-Spam Policy as stated in section 20. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Simultaneous Solutions may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the SIMSOL Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the SIMSOL Web Sites even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING

For materials you post or otherwise provide to Simultaneous Solutions related to the SIMSOL Web Sites (a "Submission"), you grant Simultaneous Solutions permission to (1) use, copy, distribute, transmit, reproduce, edit, modify, translate and reformat your Submission, each in connection with the SIMSOL Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Simultaneous Solutions will not pay you for your Submission. Simultaneous Solutions may remove your Submission at any time unless otherwise stated in another agreement between you and Simultaneous Solutions regarding the storage of such Submissions. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Simultaneous Solutions may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Simultaneous Solutions Parties or any customer of a Simultaneous Solutions Party. None of the language in this section is meant to circumvent any Privacy Laws or policies in effect (for example, HIPPA) at the time a Submission is made by you.

7. SOFTWARE

Your use of any software associated with the SIMSOL Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Simultaneous Solutions grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the SIMSOL Web Sites and in accordance with this Agreement. Simultaneous Solutions reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Simultaneous Solutions or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Simultaneous Solutions may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the SIMSOL Web Sites.

8. INFORMATION AVAILABLE FROM THE SIMSOL WEB SITES

Simultaneous Solutions and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the SIMSOL Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the SIMSOL Web Sites. Simultaneous Solutions and its suppliers do not authorize the use of information available from the SIMSOL Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale of this information. Simultaneous Solutions is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the SIMSOL Web Sites constitute an offer or solicitation to buy or sell any security. Simultaneous Solutions does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the SIMSOL Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.

9. SIMULTANEOUS SOLUTIONS MAKES NO WARRANTY

SIMULTANEOUS SOLUTIONS PROVIDES THE SIMSOL WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SIMULTANEOUS SOLUTIONS PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SIMULTANEOUS SOLUTIONS PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SIMSOL WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

SIMSOL WEB I-2V

The SIMSOl Web I-2-V tool will prove a valuable asset when developing an opinion of replacement cost, but the range of competitive bids on any job can exceed 10% or 15%, even when labor and material costs are identical for all bidders. There is no single 'right' cost for any construction project. Good valuations are the result of analysis, experience and the exercise of good judgment. The SIMSOL I-2-V site should not be considered a substitute for either common sense or sound professional practice.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY SIMULTANEOUS SOLUTIONS PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SIMSOL WEB SITES, EVEN IF SUCH SIMULTANEOUS SOLUTIONS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SIMSOL WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SIMULTANEOUS SOLUTIONS PARTY WITH RESPECT TO THIS AGREEMENT OR THE SIMSOL WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SIMSOL WEB SITES.

11. CHANGES TO THE SIMSOL WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE SIMULTANEOUS SOLUTIONS PARTIES MAY CHANGE THE SIMSOL WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the SIMSOL Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Simultaneous Solutions and persons other than Simultaneous Solutions (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE SIMULTANEOUS SOLUTIONS PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT SIMULTANEOUS SOLUTIONS IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SIMSOL WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE SIMSOL WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SIMSOL WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SIMSOL WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

Simultaneous Solutions may terminate this Agreement, or terminate or suspend your access to the SIMSOL Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the SIMSOL Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE SIMSOL WEB SITES MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with Simultaneous Solutions Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Florida, without reference to conflict of laws principles. If this Agreement is with a Simultaneous Solutions affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Simultaneous Solutions affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject SIMSOL Web Sites are directed. If this Agreement is with Simultaneous Solutions Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Orange County, Florida, USA in all disputes arising out of or relating to the use of the SIMSOL Web Sites. If this Agreement is with a Simultaneous Solutions affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Simultaneous Solutions affiliate in all disputes arising out of or relating to the use of the SIMSOL Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Simultaneous Solutions may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the SIMSOL Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Simultaneous Solutions with respect to the SIMSOL Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Simultaneous Solutions with respect to the SIMSOL Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND SIMULTANEOUS SOLUTIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SIMSOL WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the SIMSOL Web Sites are Copyright © 2012 Simultaneous Solutions Corporation and/or its suppliers, 3452 Lake Lynda Drive, Suite 420, Orlando, Florida 32817 U.S.A. All rights reserved. Simultaneous Solutions, SIMSOL, SIMSOL logo, and/or other Simultaneous Solutions products and services referenced herein may also be either trademarks or registered trademarks of Simultaneous Solutions in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

17. OTHER NOTICES

Third Party Account Information You authorize Simultaneous Solutions and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Simultaneous Solutions and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Simultaneous Solutions and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.

18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:

To be effective, the Notification must include the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
  1. Service Provider shall remove or disable access to the material that is alleged to be infringing;
  2. Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
  3. Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Counter Notification:

To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
  1. A physical or electronic signature of the Subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
  1. Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
  2. Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
  3. Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
  4. SIMSOL's Privacy Statement. Please refer to SIMSOL.COM for the details of SIMSOL's Privacy Statement.
  5. SIMSOL's Anti-spam Policy, last updated on August 5th, 2004.
Simultaneous Solutions prohibits the use of the SIMSOL Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any SIMSOL services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of Simultaneous Solutions'Services or customers. In addition, e-mail sent, or caused to be sent, to or through the SIMSOL Services may not:

Simultaneous Solutions does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the SIMSOL Services. Simultaneous Solutions does not permit or authorize others to use the SIMSOL Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. Use of the SIMSOL Services is also subject to the SIMSOL Privacy Statement and the SIMSOL Website Terms of Use and Notices.

Simultaneous Solutions does not permit or authorize any attempt to use the SIMSOL Services in a manner that could damage, disable, overburden or impair any aspect of any of the SIMSOL Services, or that could interfere with any other party's use and enjoyment of any SIMSOL Service. If Simultaneous Solutions believes that unauthorized or improper use is being made of any SIMSOL Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Simultaneous Solutions may immediately terminate any account on any SIMSOL Service, which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the SIMSOL Services. Failure to enforce this policy in every instance does not amount to a waiver of Simultaneous Solution's rights.

Simultaneous Solutions maintains computer equipment in Florida, and unauthorized use of the SIMSOL Services will lead to use of equipment in these states. Unauthorized use of the SIMSOL Services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.