TERMS OF SERVICE
Effective Date: August 11, 2016
Last Updated: February 8, 2019
BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES PROVIDED THROUGH THE WEBSITE OR BY THE COMPANY.
1. Description of Our Website and Service
Our Website and Services makes available online training courses regarding a variety of software programs, including but not limited to Microsoft programs.
In order to access features of our Service, you will need to register and create an account. When you register, you will be asked to provide the following information: first name, last name, and email address.
At registration, you will also be required to select a password. You should not disclose your password to any third party. You are solely responsible for keeping your password confidential and for the activity that occurs on your account. We will never ask you to send your password or other sensitive information to us in an email. If you suspect any unauthorized use of your account or access to your password, please change your password immediately and contact us at [email protected].You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You are solely liable for any loss or damage that you suffer as a result of your failure to comply with this Section 2.
All information provided by you in your registration or account must be truthful and complete. We may suspend or cancel your registration or account without notice if we have any reason to believe that this is not the case. In addition, we may suspend or cancel your registration or account with us at any time without prior warning if you fail to comply with these Terms of Service, without limiting any other remedies to which we may be entitled. Furthermore, if we determine that you have committed fraud or engaged in any other illegal activity, we may report you to the appropriate law enforcement authorities.
Only adults, who are at least eighteen (18) years of age, are eligible to register, create an account, and/or use our Website and Services. You must also be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Service. If you register on behalf of an organization, you warrant and represent that you have the right and authority to enter into an agreement and a subscription on behalf of the organization and to bind the organization to the terms and conditions set forth herein.
(a) Access. We grant access to use our Service, via a license, on a per user basis. Accordingly, each employee, contractor, or individual is required to maintain an individual subscription to use our Service.
(b) Scope of Subscription. We grant each subscriber a non-exclusive, non-transferable license to (a) access, use, and display the Service for such subscriber’s sole business or personal use, and (b) to make a single copy of any written content to print for such subscriber’s sole business or personal use or to store on such subscriber’s individual workstation for the subscriber’s sole business or personal use.
(c) Restrictions. Neither you nor any subscriber may share, rent, resell, lease, sublicense, or otherwise permit any third party to access, use, or display our Service. The Service, any content contained therein, and the underlying software platform contains our know-how and trade secrets, and in order to protect that know-how and those trade secrets, you agree not to take any action to create derivative works of, reproduce, republish, perform, modify, copy, distribute, transmit, display, reverse engineer, compile, translate, or disassemble the content and/or code comprising our Service in whole or in part, nor to permit any third party to do so.
(d) Subscription Options. For individual subscribers purchasing their own subscriptions, we make available two different subscription options: (i) Our monthly membership plan is priced at $29.00 per month and provides a single user access to all online training courses, (ii) Our annual membership plan is priced at $250.00, per year, and provides a single user access to all online training courses. For business subscribers requiring access for multiple users, we offer monthly and annual membership plans based on the number of users. In the case of either an individual subscribers purchasing their own subscriptions, and/or business subscribers, we offer a 14 day money back guarantee, which means that we will refund the purchaser’s money if the individual or entity signs up for a membership subscription, and notifies us within the first 14 days immediately following sign-up that the individual or entity would like a full refund of the subscription fees. For businesses purchasing memberships on behalf of one or more individual subscribers, we offer monthly and annual membership plans providing a single user access to all online training courses, which will be charged to the business. We accept all major credit cards for payment.
(e) Free Trial Subscription. From time to time we may offer a free trial subscription, in which case, unless you notify us otherwise, at the end of free trial period, you will be assessed the applicable fee for the membership plan you selected.
(f) Subscription Period. Subscriptions commence immediately when you sign up for our Service and shall expire, subject to the provisions of this section (i) in the case of our monthly membership plan on the same day you signed up for the membership or the last day of the month, regardless of the number of days in a month (ii) in the case of our annual membership plans, 365 days later. You also have the option to notify us of your wish to terminate a subscription prior to the expiration of the subscription. Upon expiration of a monthly or annual subscription plan, the subscription will automatically renew for an additional monthly or annual period unless (1) you cancel your subscription by selecting “Cancel” located in the “Manage Subscriptions” option in your account settings or (2) a business purchased a membership plan on your behalf, in which case the subscription will not renew upon expiration.
(g) Cancellations. You may cancel your subscription by selecting “Cancel” located in the “Manage Subscriptions” option in your account settings. You may also cancel your subscription at any time by emailing us at [email protected]. We also reserve the right to cancel your subscription at any time in the event that you materially breach any term or condition of our Terms of Service. All cancellations will be effective at the end of the applicable subscription or renewal period. Following the initial 14-day period of your subscription, all payments will be non-refundable.
4. Course Purchase
We also sell individual courses for those who believe the subscription option is not an appropriate alternative.
(a) Access. We grant access to use our Service, via a license, on a per user basis. Each employee, contractor, or individual is required to maintain an individual subscription to use our Service.
(b) Restrictions. You may not share, rent, resell, lease, sublicense, or otherwise permit any third party to access, use, or display our Service. The Service, any content contained therein, and the underlying software platform contains our know-how and trade secrets, and in order to protect that know-how and those trade secrets, you agree not to take any action to create derivative works of, reproduce, republish, perform, modify, copy, distribute, transmit, display, reverse engineer, compile, translate, or disassemble the content and/or code comprising our Service in whole or in part, nor to permit any third party to do so.
(c) Payment. You agree to pay the fees for courses that you take, and hereby authorize us to charge your credit card or PayPal account for these amounts.
(d) Refunds. We offer a 14-day money back guarantee, which means that we will refund your money if you purchase a course and notify us within the first 14 days immediately following the purchase date that you would like a full refund of the price of your course purchase.
5. Operation of our Website and Service
We use commercially reasonable efforts to maintain our Website and Service and to keep them operating on a 24-hour, 7 day a week basis, free from bugs, errors, technical problems, or defects. If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will assign technicians to address and resolve the issue.
If you become aware of an error, bug, or other technical problem, then you should notify us immediately of the incident and provide us with the following information:
(a) Description of the Incident. The specific sequence of events which generated the incident, and a full description;
(b) Description of Error Message. The exact wording of any error messages, if applicable; and
(c) Description of Discovery of Incident. Any special circumstances surrounding the discovery of the incident for which you are seeking technical support.
We cannot guarantee that your access to the Website or Service will be uninterrupted, or that the Website and/or Service will be available at all times. We disclaim any and all liability or responsibility for any delay, interruption, or downtime.
We use commercially reasonable efforts to ensure that our Website and Service are protected from viruses and other destructive software, but we cannot guarantee that either will always be free from viruses. We assume no responsibility for any damage to computer equipment or other property that may result from the access and use of the Website and Services.
We reserve the right to modify or discontinue the Website and/or Services with or without notice to you or any other person. We shall not be liable to you or any third party should if at any time we exercise our right to modify or discontinue the Website and/or Service.
6. Acceptable Use Policy
Our Website and Service should only be used for lawful purposes. We specifically prohibit any other use of the Website or Service, including but not limited to the following:
(a) Impersonation; Misrepresentation: Submitting any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
(b) Providing Unauthorized Access to the Website or Service: Disclosing or sharing your password with any third party or allowing such third party access to the password-protected features of the Website or Service;
(c) Illegal Activity: Using the Website or Service for any illegal purpose;
(d) Tampering with the Website or Service: Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s or platform’s infrastructure, servers, data, or network or those of any third party via our Website;
(e) Using Unauthorized Search Tools: Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website or platform other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, and Safari);
(f) Uploading Viruses: Posting any computer code, files, or programs designed to interrupt, destroy, or limit functionality of the Website, or Service, or of any computer software, hardware, or telecommunications equipment;
(g) Infringing Intellectual Property: Deciphering, decompiling, disassembling, copying, duplicating, aggregating, or reverse engineering any of the software, content, information, or other materials comprising or in any way making up part of the Website or Service;
(h) Mining Data: Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
(i) Stalking or Harassment: Stalking, harassing, or threatening any user or subscriber to the Website and Service;
(j) Harvesting Personal Information: Collecting or storing personal information about any user or subscriber to the Website or Service; or
(k) Using Botnets and Related Activities: Using your account or host name as a command and control point for any botnets.
We reserve the right (but do not have the obligation) to suspend or cancel the account of any user who is found to be in violation of these Terms of Service or who does not appropriately use the Website of our Services. In the event that you are using botnets, we also reserve the right to direct your account or host name to a honeypot, loopback address, logging facility, or any other destination in our sole and absolute discretion.
If you become aware of any inappropriate use, please notify us at our email address at [email protected].
7. Lifetime Access
Lifetime access means that when you purchase courses, you will have access to the courses purchased without any additional costs. The “Lifetime Access” is subject to the occurrence of a force majeure event, pursuant to section 17 of the Terms of Service. For any other reason apart from a force majeure event, if we are unable to honor the “Lifetime Access” feature, we shall provide downloadable videos in its place.
8. Intellectual Property
We, or our licensors, shall retain all right, title, and interest in the marks, logos, code, databases, content, text, designs, photos, videos, and other materials posted to our Website, made available through our Services, and comprising our software platform, as well as social media pages set up on behalf of Simon Sez IT or our Website ( collectively “Intellectual Property”). Except as otherwise expressly stated herein, you may only display, view, and listen to the Intellectual Property and you may not reproduce, display, copy, republish, download, upload, post, transmit, publicly perform, make available, or display, distribute, create derivative works of, misappropriate, or otherwise use for any purpose any portion of our Website, the Service, the software platform or our social media pages without the express written consent of us or our licensors as appropriate. Using the Intellectual Property for any other purpose or on any other website or service for any commercial purpose is expressly prohibited.
9. Copyright Infringement Complaints
We respect the copyrights of others. If you ever suspect that your copyrighted work has been copied on this Website or Service in any manner that constitutes copyright infringement, then please notify us immediately, providing the following information:
(a) Identification of the Copyrighted Work. The name of the owner of the copyrighted work and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right. A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item. A description of where the allegedly infringing item is located on the Website or Service;
(d) Contact Information. Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury. A statement by you confirming that you are the copyright owner or are authorized to act on the copyright owner’s behalf, made under penalty of perjury.
You should submit all such complaints to the following email address: [email protected].
10. Third Parties
(b) Doing Business with Third Party Contributors or Third Parties Linked through a Third Party Site. Your business dealings with any third party with whom you connect through this Website or Service are solely between you and such third party. You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any third party with whom you connect through this Website. You agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with such third parties. You assume the sole risk of loss and liability in doing business with any third parties. In the event that you ever have a complaint against such third party, you should contact such third party directly regarding your issue.
(c) Affiliate Marketing Relationships. Third parties linked to our Website may have an affiliate marketing relationship with us. An affiliate relationship shall not be construed as endorsement of the affiliate’s products or Service.
We have implemented commercially reasonable security measures and follow generally accepted industry standards to protect all information collected, both during transmission to our Website and afterwards.
In addition, you play an important role in keeping your personal information secure. You should not share your username, password, or other security information for your account with anyone. If we receive instructions using your username and password, we will consider that you have authorized the instructions.
You agree and acknowledge that like any web application, our Website, the Services, and the underlying software platform may be susceptible to hacker attacks and security breaches. In furtherance of this acknowledgement you agree to ensure that any server, computer workstation, tablet, or smartphone using the Service is in a secure environment. You agree and acknowledge that we are not responsible or liable for any loss of data, damage, or other liabilities that occur as a result of a security breach, denial of service, or hacker attack.
12. Warranty and Disclaimer
The Website and Service are provided on an “AS IS” and “AS AVAILABLE BASIS.” Your use of this Website and Service and your reliance on any information contained herein shall be at your sole risk. We make no warranty that your access to the Website or Service will be continuous, uninterrupted, bug-free, error-free, virus-free, free of defects, or free of technical problems, or that any information provided to you through our Service will be of a particular quality, accurate, up-to-date, or complete. We make certain assumptions about your hardware and software environment with respect to any information that we provide through our Service, and we cannot anticipate all interoperability issues, hardware and software failures, and other bugs, errors, and technical issues that you may encounter with your particular system. Also, we rely on product specifications and other information that has either been provided by the vendors or collected from publicly available sources, and we cannot guarantee that any such information will remain accurate, up-to-date, or complete when you receive the information. We make no warranties regarding the information or contents of any Third Party Sites linked to or on this Website, nor with respect to any decision to enter into a business relationship with such third parties.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT, WARRANTIES REGARDING THE INFORMATION, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, CONDITION OR QUALITY, DESCRIPTION, OPERATION, ADEQUACY, TITLE, OR OTHERWISE. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable. WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED. FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR TYPOGRAPHICAL ERRORS OF ANY KIND AND ANY ALL WARRANTIES REGARDING ANY CERTIFICATION PROCESS THAT WE MAKE AVAILABLE ON THIS WEBSITE. You acknowledge and agree that any certifications provided on our Website solely pertain to the content made available on our Website and are not affiliated in any way with any third party software certification process. WE EXPRESSLY DISCLAIM ANY ALL WARRANTIES THAT ANY CURRENT OR POTENTIAL EMPLOYER WILL ATTACH ANY SIGNIFICANCE TO YOUR RECEIPT OF A CERTIFICATE OF COMPLETION FOR ANY COURSE TAKEN ON OUR WEBSITE.
13. Limitation of Liability; Consequential Damages
SIMON SEZ IT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SIMON SEZ IT SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, THE SERVICE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, AND EVEN IF SIMON SEZ IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.
OUR TOTAL LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT PAID TO US DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM.
14. Release of Claims
To the maximum extent permitted by applicable law, you hereby release and waive our officers, employees, independent contractors, representatives, and agents from any and all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to Simon Sez IT, our Website, or our Services. If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
YOU AGREE TO INDEMNIFY AND HOLD SIMON SEZ IT AND ITS MEMBERS, MANAGERS, OFFICERS, PARENTS, SUBSIDIARIES, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR SERVICES, THE VIOLATION OF THESE TERMS OF SERVICE, YOUR INFRINGEMENT OF THE INTELLECTUAL PROPERTY, OR ANY OTHER USE OF THE WEBSITE OR SERVICE USING YOUR COMPUTER WORKSTATION OR SERVER.
16. Feedback; Idea Submissions
We are pleased to hear from you and welcome your feedback about the Website and our Services. If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our Website and Service at our sole discretion without any obligation to you.
In the event that you submit any ideas to us about the Website or our Service, you grant to us an exclusive, perpetual, royalty-free, transferable, worldwide license with the right to grant sublicenses to use, display, copy, publish, republish and to incorporate into our Intellectual Property your idea.
17. Force Majeure
We shall not be deemed in default of this Agreement, nor shall you hold us responsible for, any cessation, interruption or delay in the performance of its obligations, including, without limitation providing the website and course (excluding payment obligations) due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, boycott or other similar events beyond the reasonable control of the Party.
If a force majeure event extends for a period in excess of 14 days in the aggregate, either Party may immediately terminate this Agreement upon written notice.
18. Governing Law; Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles. All disputes arising under this Agreement shall be submitted to binding arbitration under the Rules of Arbitration of the American Arbitration Association in Christmas, Florida by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules. The prevailing party shall be entitled to the recovery of reasonable attorney’s fees and costs. The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction. All claims you bring against us, the Website, or Services must be resolved in accordance with this Section. All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed. Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim. Any dispute in connection with us or these Terms of Service must be arbitrated within twelve (12) months after the underlying claim arises. By using our Website or Services, you expressly agree to waive trial by jury for all disputes.
19. Compliance with Laws
You are solely responsible for knowing and complying with all applicable law. You acknowledge and agree that you may not use the Website or Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material through our Website or Services that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
21. Contact Us
In the event that you have any questions about these Terms of Service, or that you need further assistance with respect to the access or use of the Website or Service, please notify us at [email protected] or write to our corporate address at Simon Sez IT, PO Box 68, Christmas, FL, 32709.