Terms Of Use

Last updated: May 1, 2024

This page explains our Terms and Conditions of Use (“Terms of Use”), which apply to persons who access and use our Sites and persons who download any related Mobile Application or Software that we may make available.  These Terms of Use contain important information about your legal rights and responsibilities when accessing or using the Sites. When you access or use the Sites, you agree to these Terms of Use. The effective date of these Terms of Use is the date upon which you access a Site (the “Effective Date”).

1. PLEASE READ THESE TERMS OF USE OF USE CAREFULLY. THESE TERMS ARE A LEGAL CONTRACT BETWEEN EACH PERSON REFERENCED IN THE FOREGOING PARAGRAPH (“YOU” OR “YOUR”) AND SIMTUTOR, INC. (“SIMTUTOR”). THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SITES. BY USING THE SITES, AND/OR BY CLICKING ANY “I ACCEPT” CHECKBOX OR BUTTON TO ACCESS ANY SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS, AS WELL AS BY ANY OTHER AGREEMENTS OR POLICIES THAT MAY BE POSTED ON OR WITHIN THE SITES (COLLECTIVELY, “SITE POLICIES”). UNTIL YOU HAVE AGREED TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITES. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITES. 

2. Purchase of Services. Your purchase of Services is governed by the SimTutor Author Master Subscription and Professional Services Agreement available at https://www.simtutor.com/terms-conditions/ unless you have entered into another written agreement with SimTutor.  These Terms of Use govern your access and use of the Sites and any Mobile Application or Software. 

3. Definitions. Certain capitalized terms are used in these Terms of Use and such terms have the meanings set forth in Section 14, unless otherwise defined within the body of these Terms of Use. 
   
   
4. Using the Sites. 
   
   4.1 You can simply view certain parts of the Sites and you do not need authorization from SimTutor to visit and view the non-password protected parts of the Sites. 
   
   4.2 To access certain password-restricted areas of the Sites, you must be authorized to do so. Unless you are accessing the Sites through a free trial, your authorization to access the password-restricted areas of the Sites is pursuant to a written or electronic agreement between SimTutor and the legal entity with which you are associated as an employee, student or independent contractor or in certain cases, a written or electronic agreement with you as an individual (each, a “Purchasing Entity”). If you are authorized to access and use password-restricted areas of the Sites, you will be prompted to create a password-protected account via a method directed by SimTutor. 
   
   4.3 To access and use password-restricted areas of the Sites, you will use your own unique login credentials, which include your password (“Password”).
   
   4.4 You are responsible for maintaining the confidentiality of your Password and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify SimTutor if your Password for a Site is lost, stolen, if you are aware of any unauthorized use of your Password on any Site or if you know of any other breach of security in relation to any Site.
   
   4.5 SimTutor offers a free trial of one sample module, per individual customer, for a limited period so you can evaluate the Sites and decide whether the e-learning format is suitable for your personal study requirements. SimTutor reserves the right to withdraw access from any user who abuses the free trial offer. If you are an educator and you want to evaluate SimTutor for academic or enterprise use, please go to the Educators page to request a guest educator login.
   
   
5. Access. Your access to the Sites is strictly conditioned on all of the following:
   
   5.1 You agree that these Terms of Use do not grant you any right to use the Sites or any part thereof other than as authorized in these Terms of Use. 
   
   5.2 You agree to comply with these Terms of Use and with any Site Policies.
   
   5.3 You represent that you have not, and throughout your access to the Sites you will not: 
   
   (a) use the Site in any way that violates any applicable federal, state, local, or international law or regulation; 
   
   (b) use the Site for the purpose of exploiting, harming, or attempting to exploit or harm any other user of the Site in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
   
   (c) except as otherwise provided herein, copy or reproduce, display, download, modify, distribute, re-sell, or share with third parties all or any part of the Sites; 
   
   (d) make any Modifications to the Sites or create any derivative works thereof, except to the extent the Site directs or invites you to do so by presenting you with (i) questions, frameworks or templates to answer or complete or (ii) any templates and/or software interfaces designed and provided by SimTutor that enable you to create custom content ((i) and (ii) collectively, the “SimTutor Templates”);
   
   (e) attempt to reverse engineer, decompile, disassemble or access the source code for the Sites or any component thereof; 
   
   (f) with respect to password-restricted areas of the Sites, share your Site login information with any other party or otherwise permit anyone else to access the Sites through your account; 
   
   (g) send or otherwise transmit the Sites, in whole or in part, electronically by any means; 
   
   (h) access password-restricted areas of the Sites via any means other than your Password or other authorized login credentials, if other authorized login credentials are applicable;
   
   (i) alter or delete any copyright, trademark, patent or other notices or markings appearing within the Sites; or
   
   (j) use the Sites for any purpose that is unlawful or prohibited by these Terms of Use.
   
   

   5.4 Additionally, you agree not to:
   
   (a) use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites;
   
   (b) use any robot, spider, or other automatic device, process, or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
   
   (c) use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
   
   (d) use any device, software, or routine that interferes with the proper working of the Sites;
   
   (e) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
   
   (f) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer, or database connected to the Sites;
   
   (g) attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or 
   otherwise attempt to interfere with the proper working of the Sites.

   5.5 In order to use the non-public portions of the Sites, you need to be 16 years of age or older. If you are younger than 16, you may not use the non-public portions of the Sites.

    
6. Ownership and Intellectual Property. Your access to the Sites is also strictly conditioned on all of the following requirements.
   

   6.1 These Terms of Use permit you to use the Site for your personal and non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:
   
   (a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 
   
   (b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and
   
   (c) you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

   6.2 If we provide social media features such as a blog with certain content, you may take such actions as are enabled by such features.
   
   6.3 You agree that SimTutor owns all right, title and interest in and to the Sites, information, simulated data, and resources made available by and generated through the Sites (collectively, “Content”), the SimTutor Templates, and any Modifications related to any of the foregoing (collectively, “SimTutor Intellectual Property”), including all copyrights, trademarks, patents and trade secrets relating thereto (collectively, “Intellectual Property Rights”). 
   
   6.4 You agree that these Terms of Use do not grant you or any other party any right, title or interest in the SimTutor Intellectual Property, in whole or in part, or in or to any related Intellectual Property Rights, whether expressly, by implication, estoppel, or otherwise. You hereby irrevocably waive, forfeit and relinquish any right, title, or interest in the SimTutor Intellectual Property and in any related Intellectual Property Rights.
   
   6.5 You agree that with respect to password-restricted areas of the Sites, your access to such password-restricted areas is governed by the written or electronic agreement between SimTutor and the Purchasing Entity that purchased SimTutor Services.  If such access has not been purchased and/or access rights are not current, you will not be allowed to access password-restricted areas of any Site. Notwithstanding the foregoing, certain password-restricted areas of the Sites may be accessed through a guest login or free trial. In such cases, your access is governed by these Terms of Use and the terms of any such guest login or free trial.
   
   6.6 SimTutor, SimTics, and all related names, logos, product and service names, designs, and slogans are trademarks of SimTutor or its affiliates or licensors. You must not use such marks without the prior written permission of SimTutor. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
   
   6.7 You agree that in the event you provide any comments, requests, suggestions, code contributions, or any other feedback (collectively, “Feedback”) to SimTutor concerning the SimTutor Intellectual Property, SimTutor shall, in its sole determination, have the right to accept, reject, modify, use or decline to use such Feedback for any purpose whatsoever. You further agree that regardless of 
   SimTutor’s determination with regard to Feedback, SimTutor shall hold any and all rights in such Feedback, and you irrevocably waive, forfeit and relinquish any rights therein.
   
   6.8 Except solely as necessary for you to access the Sites for the intended purpose pursuant to these Terms of Use, you may not copy, collect, modify, create derivative works or uses of, translate, distribute, transmit, publish, re-publish, perform, display, post, download, upload, sublicense, transfer, dispose of, resell or sell any part of the SimTutor Intellectual Property. Except as expressly set forth in these Terms of Use, these Terms of Use do not grant to you any license to any SimTutor Intellectual Property, including any implied licenses or licenses granted by estoppel or otherwise. You agree that SimTutor owns the SimTutor Intellectual Property and that you will neither use the Sites nor permit or assist anyone else in using the Sites in any way, intentional or otherwise, that competes, as determined by SimTutor in its sole discretion, with the Sites.

7. Mobile Applications.
   
   7.1 SimTutor may make available Mobile Applications to access certain of the Sites via a mobile Device. To use the Mobile Application you must have a Device that is compatible with the Mobile Application. SimTutor does not represent or warrant that the Mobile Application will be compatible with your mobile Device. Standard carrier data charges may apply to your use of the Mobile Application.
   
   7.2 SimTutor hereby grants you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile Device owned or leased solely by you, for your personal use. The license grant is not a sale of the Mobile Application or any copy thereof, and SimTutor and its third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). 
   
   7.3 You shall not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. 
   
   7.4 You acknowledge that SimTutor may from time to time issue upgraded versions of the Mobile Application and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile Device. You consent to such automatic upgrading on your mobile device and agree that these Terms of Use will apply to all such upgrades. 
   
   7.5 The following additional terms and conditions apply with respect to Mobile Applications designed for use on an Apple iOS-powered mobile Device (an “iOS App”), an Android-powered mobile Device (an “Android App”), or an Android-powered mobile Device and obtained from the Amazon App Store (an “Amazon Android App”, collectively with an iOS App and an Android App, “App Downloads”):
   
   (a) you acknowledge that these Terms of Use are between you and SimTutor only, and not with the third party who made any App Download available to you; 
   
   (b) your use of any App Download will comply with that third party’s then current terms of use;
   
   (c) you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; and
   
   (d) you agree to comply with all applicable third-party terms of agreement when using any App Download (e.g., you must not be in violation of your wireless data service terms of agreement when using any App Download).
   
   
8. Software. 
   

   8.1 In addition to or in lieu of Mobile Applications, SimTutor may make certain Software available to you for download on a Device if a license to such Software has been purchased from SimTutor by a Purchasing Entity. Subject to your compliance with these Terms of Use, SimTutor hereby grants you a non-exclusive, non-transferable, non-sublicensable, license to download a single copy of the Software to your Device for your personal use to access the Sites. The foregoing license will terminate immediately on the earlier to occur of:
   
   (a) the expiration or earlier termination of the agreement between SimTutor and the Purchasing Entity; or
   
   (b) your ceasing to be authorized by the Purchasing Entity to use the Software for any or no reason.

   8.2 You shall not, directly or indirectly:
   
   (1) use the Software except as set forth in these Terms of Use or in the written or electronic agreement between SimTutor and the Purchasing Entity;
   
   (b) copy the Software, in whole or in part;
   
   (c) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Software or any part thereof;
   
   (d) combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs;
   
   (e) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;
   
   (f) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices included on or in the Software, including any copy thereof;
   
   (g) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise provide any access to or use of the Software or any features or functionality of the Software, for any reason, to any other person or entity, whether or not over a network and whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service;
   
   (h) use the Software in violation of any law, regulation, or rule; or
   
   (i) use the Software for purposes of competitive analysis of the Software, the development of a competing software product or service, or any other purpose that is to SimTutor’s commercial disadvantage.

   8.3 You acknowledge that SimTutor may from time to time issue upgraded versions of the Software and may automatically electronically upgrade the version of the Software that you are using. You consent to such upgrades and agree that these Terms of Use will apply to all such upgrades. The foregoing license grant is not a sale of the Software or any copy thereof, and SimTutor and its third-party licensors or suppliers retain all right, title, and interest in and to the Software (and any copy of the Software).

9. Data Protection.  During the course of providing the Services and in connection with your use of the Sites, SimTutor may collect personal information as described in SimTutor’s Privacy Policy available at https://www.simtutor.com/privacy-policy.   The SimTutor Privacy Policy constitutes a Site Policy as defined in these Terms of Use. Any personal information collected via the Sites may be accessed and stored globally and will be treated in accordance with the SimTutor Privacy Policy. You understand that SimTutor collects, uses, processes, possesses, and otherwise stores your personal information and utilization data and may share such data with third party service providers for the purpose of improving or providing the Services subject to the SimTutor Privacy Policy. By using the Services and the Sites, you acknowledge that any personal information about you, regardless of whether provided by you or obtained from a third party, is being provided to SimTutor in the U.S. and will be hosted on U.S. servers, and you authorize SimTutor to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S.
   
   
10. Third Party Sites and Resources. We may from time-to-time at our discretion host or provide links within the Sites to services, products, web pages, websites or other content of third parties (“Third-Party Content”). The inclusion of any link to, or the hosting of, any Third Party Content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of the Third-Party Content. We make no claims or representations regarding, and accept no responsibility or liability for, Third-Party Content including without limitation its quality, accuracy, nature, ownership or reliability. Your use of Third-Party Content is at your own risk. When you leave the Sites to access Third Party Content, you should be aware that our policies, including the Privacy Policy, no longer govern. You should review the applicable terms and policies, including privacy and data gathering policies, of any website to which you navigate from the Sites.
    
    
11. Term and Termination.
    
    11.1 These Terms of Use commence on the Effective Date and continue until and unless your access to the Sites is terminated hereunder, by operation of law, or otherwise. 
    
    11.2 We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Sites or any functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Sites if you violate these Terms of Use. 
    
    
12. Warranty Disclaimer, Indemnification, and Limitation of Liability.
    
    12.1 You understand that we cannot and do not guarantee or warrant that the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. SimTutor is not responsible for any interruption in services or unavailability of the Sites resulting from Internet failures, your inability to access the Internet, or inadequate bandwidth in your Internet connection.
    
    12.2 TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITES, OR ON ANY WEBSITE LINKED TO IT.
    
    12.3 YOUR USE OF THE SITES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SIMTUTOR NOR ANY PERSON ASSOCIATED WITH SIMTUTOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER SIMTUTOR NOR ANYONE ASSOCIATED WITH SIMTUTOR REPRESENTS OR WARRANTS THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    
    12.4 TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
    
    12.5 You will indemnify, defend, and hold harmless SimTutor and its directors, officers, employees, representatives, agents and affiliates from and against, any and all claims, losses, damages and expenses, including attorney’s fees, arising from a third-party claim to the extent that such third-party claim is based upon your use of the Sites or any content or materials contained therein, or upon a breach of these Terms of Use, or upon your negligence or other act or omission in connection with your use of the Sites.
    
    12.6 LIMITATION OF LIABILITY.  
    
    12.6.1 YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL SIMTUTOR OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR CONTINGENT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE OR INCOME; LOSS, THEFT, DISCLOSURE OR DEGRADATION OF DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, OR ANY LOSSES RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE ALL OR PART OF THE SITES. THIS NON-LIABILITY FOR DAMAGES APPLIES WHETHER IN AN ACTION BASED ON CONTRACT, TORT OR ANY OTHER SUCH THEORY, EVEN IF SIMTUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
    
    12.6.2 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SIMTUTOR AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT A PURCHASING ENTITY HAS PAID TO SIMTUTOR IN THE LAST TWELVE (12) MONTHS WITH RESPECT TO SECURING YOUR ACCESS TO THE SITES. IF A PURCHASING ENTITY IS NOT ASSOCIATED WITH YOUR ACCESS TO THE SITES, AND YOU ONLY ACCESS THE PUBLIC PORTIONS OF THE SITES, SIMTUTOR’S LIABILITY UNDER THIS SECTION IS LIMITED TO ONE HUNDRED DOLLARS ($100). 
    
    
13. Copyright Infringement.  SimTutor views claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If any person or entity believes any materials accessible on or from the Sites infringe the copyright of such person or entity, such person or entity may request removal of those materials from the Sites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
    
    

    - Physical or electronic signature.
    - Identification of the copyrighted work believed to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
    - Identification of the material believed to be infringing in a sufficiently precise manner to allow us to locate that material.
    - Adequate information by which we can contact the person or entity alleging copyright infringement (including name, postal address, telephone number, and, if available, email address).
    - A statement that the person or entity claiming copyright infringement has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
    - A statement that the information in the written notice is accurate.
    - A statement, under penalty of perjury, the individual or entity submitting the claim of copyright infringement is authorized to act on behalf of the copyright owner.

    Our designated agent to receive DMCA Notices is:

    SimTutor, Inc.
    Attn: Legal Department
    1700 Northside Drive, Suite A7
    Atlanta GA 30318

    Failure to comply with all of the requirements of Section 512(c)(3) of the DMCA, may render the DMCA Notice ineffective. Please be aware that if you knowingly materially misrepresent that material or activity on Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.  

    In accordance with the DMCA and other applicable law, SimTutor may at our discretion limit access to the Sites and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

14. Miscellaneous.
    
    14.1 Headings.  Headings used in these Terms of Use are solely for the convenience of the parties and shall have no effect in the construction or interpretation of these Terms of Use.
    
    14.2 Choice of Law, Jurisdiction and Binding Arbitration. These Terms of Use shall be construed and enforced under the laws of the State of Georgia, excluding her choice of law provisions, and it shall be construed in a manner so as to conform with all federal, state, and local laws and regulations. Any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity hereof, shall be determined by final and binding arbitration in Atlanta, Georgia (except for an action for interim equitable relief otherwise permitted under these Terms and/or unless otherwise agreed by the parties), before a sole arbitrator, in accordance with the laws of the State of Georgia for agreements made in and to be performed in that State. The arbitration shall be administered by JAMS (or its successor) pursuant to its Comprehensive Arbitration Rules and Procedures; provided, however, if the Parties mutually elect, the arbitration can be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures instead of its Comprehensive Arbitration Rules and Procedures. The arbitrator’s decision shall be reduced to writing, signed by the arbitrator, and mailed to each of the parties and their legal counsel. All decisions of the arbitrator shall be final and binding. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator’s judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof. The Parties will pay their own costs (including, without limitation, attorneys’ fees) and expenses in connection with such arbitration.
    
    14.3 Assignment.  Neither party may assign its rights and obligations under these Terms of Use without the prior written consent of the other party, except in the case of merger or acquisition of a substantial amount or all of its assets. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. Any attempted assignment in breach of this section shall be void.
    
    14.4 Amendment.  SimTutor can in writing modify, add, remove, or otherwise change any portion of the Terms of Use or of any other Site Policies, at any time in its reasonable discretion. Except as otherwise expressly provided in these Terms of Use or in the Site Policies, the changes will become effective and will be deemed to have been accepted by you upon the public posting of such changes to the online version of these Terms of Use or Site Policies. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. 
    
    14.5 Modification of the Sites or Services. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Sites, or their functionality; (b) we may suspend or discontinue parts or all of the Sites; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Sites; (d) we may terminate, suspend, restrict or disable access to your accounts; and (e) we may change our eligibility criteria to use the Sites (and if such eligibility criteria changes are prohibited by law where you reside, we may revoke your right to use the Sites in that jurisdiction).
    
    14.6 Force Majeure. SimTutor shall not be in breach of these Terms of Use or liable to you if there is any total or partial failure of performance of the Sites resulting from any act, circumstance, event or matter beyond the reasonable control of SimTutor. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, pandemic, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond the reasonable control of SimTutor.
    
    14.7 Support. SimTutor may offer support services by separate written or electronic agreement. No support services are offered under these Terms of Use.
    
    14.8 Waiver. The waiver of any breach or default under these Terms of Use does not constitute the waiver of any subsequent breach or default. 
    
    14.9 Survival. The provisions contained in the Terms of Use that by their sense and context are intended to survive the expiration or termination of the Terms of Use, will survive such expiration and termination, including but not limited to provisions relating to Intellectual Property Rights in or relating to the Sites. 
    
    14.10 Export Restrictions. You acknowledge that the Sites are of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Sites, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
    
    14.11 Severability.  Should any provision(s) of the Terms of Use be invalid, unlawful, or unenforceable, this shall not affect the validity of any other provision(s) of the Terms of Use to the Terms of Use as a whole.
    
    14.12 Entire Agreement.  These Terms of Use, together with any other agreements or policies that may be posted or displayed on the Sites, supersede all earlier agreements between the parties and contain the final and entire agreement between the parties with respect to the subject matter hereof.  
    
    14.13 Notices. Any notice hereunder shall be in writing and addressed to SimTutor, Inc., Attn: Legal Department, 1700 Northside Drive, Suite A7, Atlanta GA 30318, or to you at the email associated with your account. Written notice shall include notice to you by email.
    
    
15. Definitions.

15.1 “SimTutor Platform” collectively means the online service and platform provided by SimTutor for operating and managing SimTutor Author Software (“SimTutor Author”), any off-the-shelf or customized simulations available through the Sites, any programmed instructional presentations, all Content and SimTutor Templates, all applicable documentation provided by SimTutor (“Documentation”) or available within any of the foregoing, and all improvements, modifications, and derivative works thereto, together with all related Software. 

15.2 “Device” means a desktop computer, laptop or other portable computer, workstation, smartphone, tablet or any other device capable of running an instance of the Sites.

15.3 “Mobile Application” means software that SimTutor provides to you that allows you to access the Sites from a mobile Device.

15.4 “Modifications” means any work based on or incorporating all or any portion of the Sites, including, without limitation, modifications, updates, enhancements, customizations, supplements and any derivative works made to the Sites.

15.5 “Services” means the SimTutor Platform and any other services provided by SimTutor that are available or accessed via the internet or in the cloud, via the SimTutor Platform, or via any related downloadable Mobile Application or Software, including but not limited to access through the Sites.  

15.6 “Site” or “Sites” means the series of webpages located at the URL www.simtutor.com and any other associated websites of SimTutor. Unless otherwise specified in these Terms of Use, the term “Site” or “Sites” also includes the Services, the Mobile Applications and any Software. 

15.7 “Software” means code, cloud software, interfaces, functionality, web-services, supplements, add-on components, corrections, bug fixes and modifications, enhancements, updates, new versions or releases of any of the foregoing that SimTutor makes available to you.