Conduct and Obligations
If you use the Website, you represent and warrant that you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into a binding contract and are not a person barred from receiving services under the laws of United States or other applicable jurisdiction. Furthermore, considering the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content, including but not limited to all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition to the above, you agree and understand that you are not to use the Website to:
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way; identifying personal information about another person without that person's explicit consent; upload, post, email, transmit or otherwise make available any content that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch"; promote racism, bigotry, hatred, or physical harm of any kind against any group or individual; advertise any illegal services or the sale of any items which are prohibited or restricted by applicable law; provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; provide instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing or creating computer viruses; upload, post, email or transmit any pornographic or sexually explicit material of any kind; impersonate any person or entity, including, but not limited to, a Simcare PLLC employee, official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; and upload, post, email, transmit or otherwise make available any content that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. "stalk" or otherwise harass another user; collect or store personal data about other users; purposefully cheat the karma system; and, make any attempt to gain unauthorized access to Simcare PLLC's system and/or engage in activity that distorts the quality of the Website.
Proprietary Rights in Content of Simcare PLLC
The Website is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Website is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website or the collective work is prohibited. Copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy any content from Website, and agree to abide by any and all copyright notices displayed on the website. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Website.
Notification of Claims of Infringement
Simcare PLLC respects the intellectual property rights of others. If you believe that your copyright or other intellectual property rights have been violated, please notify Simcare PLLC's Copyright Agent with the following information ("Notice"):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work or intellectual property that you claim has been infringed;
A description of the material that you claim is infringing as well as instructions on how to locate it.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on that owner's behalf.
Your address, telephone number, and email address; and
Your physical or electronic signature.
Simcare PLLC will remove the infringing posting(s), subject to the procedural requirements outlined in the Digital Millennium Copyright Act (DMCA). Please note that due to security concerns, attachments cannot be accepted. As such, any Notice submitted electronically with an attachment will not be received or processed.
Disclaimer of Warranties
Simcare PLLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on its Website. Simcare PLLC disclaims any responsibility for the deletion, failure to store, failure to delivery, or untimely delivery of any information or material. Simcare PLLC disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through its Website. No advice or information, whether oral or written, obtained by user from Simcare PLLC or through or from its Website shall create any warranty not expressly stated herein.
THE WEBSITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICE INCLUDED IN THE WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Simcare PLLC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Simcare PLLC DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE. Simcare PLLC DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. Simcare PLLC DISCLAIMS ANY WARRANTIES FOR SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitations of Liability