Conditions of Use
Welcome to SimonTech.me and associated sites! SimonTech and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
When you visit SimonTech or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSES & COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SimonTech or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SimonTech, with copyright authorship for this collection by SimonTech, and protected by international copyright laws.
- Software used in SimonTech.me services and software are offered under an open source license that is made available to you. There may be provisions in the open source license that expressly override some of these Terms, but never to such an degree that you the end user can be held liable for the right to use the software as you see fit.
- License Cost : Using the provided platform with its software on SimonTech.me managed servers under any SaaS agreements hold you the end user free of software license infringement, as any possible license cost and maintenance is covered by your continuous payment towards the subscription of this Service Agreement - should any license cost towards a third-party licenser ever be necessary.
- Your Content : SimonTech CMS platforms and managed services allow you to upload, store, submit, download and publicly display content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours. When you upload, submit, store, download or display content publicly on SimonTech provided CMS platforms or through SimonTech.me provided systems and platforms, you give SimonTech provided CMS platform and systems used with your website domain a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. Make sure you have the necessary rights to grant us this license for any content that you submit through SimonTech provided platforms and services.
Copyright ProtectionSimontech.me is not acting as a content provider, but acts as a service and technology provider. In this context simontech.me provides a platform where the party to this agreement the receiver of these managed services and the user of the platforms and software and their associates, can display their content in the form of services or products using images, graphics and text all not provided by simontech.me, thus holding the user and their associates liable in the unlikely event that an actual infringement of copyright has occurred.
Only in the event a specific graphic or image that can not be obtained by the receiver of these managed services / user of the platforms, and simontech.me is specifically requested to provide them, by generating new original work or by combining resources from stock footage or licensed graphics from stock services, is simontech.me then in control of making certain of its own work being royalty free and adequately licensed, and only then liable for the the work in the unlikely event that actual infringement of copyright has occurred.
No matter the circumstances, as a fully managed service provider SimonTech Development will respond to notices of alleged copyright infringement and terminate services and remove content that infringes on copyright according to the process set out in the U.S. Digital Millennium Copyright Act, with the same quick response and high priority you can expect from a fully managed service provider.
If you think somebody is violating your copyrights and want to notify us, you can contact us through the website https://simontech.me/contact or email [email protected]
SimonTechs trademarks and trade dress may not be used in connection with any product or service that is not SimonTechs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SimonTech. All other trademarks not owned by SimonTech or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SimonTech or its subsidiaries.
LICENSE AND SITE ACCESS
SimonTech grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SimonTech. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SimonTech. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SimonTech and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing SimonTechs name or trademarks without the express written consent of SimonTech. Any unauthorized use terminates the permission or license granted by SimonTech. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SimonTech so long as the link does not portray SimonTech, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SimonTech logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. SimonTech and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SimonTech reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant SimonTech and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SimonTech and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify SimonTech or its associates for all claims resulting from content you supply. SimonTech has the right but not the obligation to monitor and edit or remove any activity or content. SimonTech takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from SimonTech are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
SimonTech and its associates attempt to be as accurate as possible. However, SimonTech does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SimonTech itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SimonTech ON AN "AS IS" AND "AS AVAILABLE" BASIS. SimonTech MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SimonTech DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SimonTech DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SimonTech ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SimonTech WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Services Auto Cancellation: Our Fully Managed Service plans or other subscription based plans and contracts will remain in effect for the duration of time described under “Services and Charges” in that specific agreement with the start date being the first payment date as the beginning of the terms of the service contract, with automatic cancellation when the service contract renewal invoice payment has not been received within 30days of it being generated.
Your cancellation or downgrade will apply to the next billing period after the current service term expires. If you don't pay for your Fully Managed Service plan or other subscription based plans and contracts, we reserve the right to downgrade your account and reduce or suspend your services without further notice.
If you receive a notice before changes in service coverage takes effect, to allow reversal of a service downgrade and/or cancellation in a timely fashion, it will be done out of courtesy only.
SimonTech Fully managed service plan purchases are non-refundable. The amount of services you purchased is yours for the length of the subscription, even if you decide to cancel it. The software you aquired through our services is yours to use for as long as you see fit, as there are no licenses or royalties exchnaged in any of our transactions. If you’re not sure you can trust SimonTech.me or whether it is worth signing up with the services SimonTech provides, it is recommended that you start with a month-to-month service plan starting at $75/month to get acquainted with the quality, reliability and ROI of these services.
In the event it is perceived or found that SimonTech.me, its associates or its 3rd party service providers have been negligent or even malicious in connection with any of the services agreed to in any service contract you made upon purchase, and any specfically mentioned beneficiary party to a contract agreed to between you and SimonTech.me that has been determined to have suffered financial losses due to these actions or in-actions, it is required that a new agreement is reached to properly compensate any determinable financial losses suffered by any party to these specific agreements which are outside of the scope of these general terms.
SimonTech Development and its associates will work diligently to assure that all our obligations to any contracts are met and that all shortcomings are vigorously compensated, to meet new terms and to give the parties to the agreement renewed confidence.
If no agreement can be reached as to proper compensation or to what the actual financial losses are from the perceived actions or in-actions in connection with the services in any specific agreements, those agreements and all services provided by SimonTech.me and associates will be discontinued and all future obligations of all parties to those agreements will come to an immidiate stop.
Any party to any specfic agreements shall by their own means determine whether or not they want to pursue legal action in the case that no agreement for compensation can reasonably be reached between the parties of those specific agreements alone, in case of a service fall-out or failure to meet obligations outlined in those specific agreements.
Warranties and Disclaimers
We provide Fully Managed web-site CMS Services and Programming Services and software packages using a reasonable level of skill and care and we hope that you will enjoy SimonTech’s Fully Managed web-site CMS Service level and their software products. But there are certain things that we don’t promise about SimonTech’s Fully Managed web-site CMS Services or the products posted on this site. Other than as expressly stated, we don’t make any commitments about the specific functionality available through our Fully Managed web-site CMS Services or products posted on this site, its reliability, availability, or ability to meet your needs.
- SimonTech Development and its associates and service providers are not responsible or liable for:
(a) losses that were not caused by our breach of these Terms;
(b) any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of SimonTech Development and its associates breaching the Terms; or
(c) losses relating to any business of yours including lost profits, revenues, opportunity or data.
The total liability of SimonTech Development and its associates, and its service providers, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if the subject of the claim is the free service, to supplying you the services again).
Nothing in these terms is intended to exclude or limit the liability of SimonTech Development and its associates and service providers for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.
- Force Majeure. No party to this agreement shall be held liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
(Force Majeure - read:. Natural disasters, Civil Unrest, war or debilitating outbreaks of disease)
By visiting SimonTech, you agree that the laws of the state of California, U.S.A., without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SimonTech or its associates.
These Terms control the relationship between SimonTech Development and the visitor and/or client of this site. They do not create any third party beneficiary rights, other than those specifically mentioned in the terms of this agreement.
Any dispute relating in any way to your visit to SimonTech or to products you purchase through SimonTech shall be submitted to confidential arbitration in California, U.S.A., except that, to the extent you have in any manner violated or threatened to violate SimonTechs intellectual property rights, SimonTech may seek injunctive or other appropriate relief in any state or federal court in the state of California, U.S.A., and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to SimonTech. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.