Terms of Service.
This Terms of Service and our Privacy Policy (together, this “Agreement”) describe the terms and conditions on which Strategic Income Management, LLC, a Washington Limited Liability Company with offices at 1200 Westlake Ave N, Suite #713, Seattle, WA 98109 (“SiM,” “we,” “us” or “our”) offers you www.sim-llc.com or any related website or service in or to which this Agreement is linked or referenced (collectively, the “Services”). These Terms do not apply to any application, website or service that does not display or link to these Terms.
Before accessing and using the Services, please read this Agreement carefully because it is a legal agreement between SiM and you.
BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
• YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
• YOU WILL COMPLY WITH THIS AGREEMENT; AND
• YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT
IMPORTANT NOTE
Please read carefully the sections titled “DISCLAIMER OF WARRANTIES,” “LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION.” These provisions limit SiM’s liability to you and affect how disputes are resolved.
If you do not agree to any term of this Agreement, please do not use the Services.
1. CHANGES TO TERMS
The Effective Date of this Agreement is set forth at the top of this webpage. As we add new features, we may revise or supplement this Agreement. We will provide you with advance notice of material revisions to this Agreement. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of this Agreement, as amended. As of the Effective Date, the amended Agreement supersedes all previous versions of our agreements, notices or statements about
this Agreement.
2. ADDITIONAL TERMS
Certain features of the Services may be subject to additional terms (“Additional Terms”) presented in conjunction with the features. Regardless of how they are presented to you, you must agree to Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in Additional Terms, all Additional Terms are incorporated into this Agreement. If you do not agree to Additional Terms, then you may not use the Services to which they relate. This Agreement and Additional Terms apply equally but, if any Additional Term is inconsistent with any provision of this Agreement, the Additional Term will prevail for the Services to which the Additional Terms apply.
3. SIM CONTENT
SiM and its licensors retain full and complete title to all information and materials provided on or through or submitted to the Services, including any artwork, graphics, text, video and audio clips, trademarks, logos and other content (collectively, “SiM Content”). The name "Strategic Income Management" and the Strategic Income Management logo, and other trademarks used in the Services are trademarks of SiM or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by SiM that appear in the Services are the property of their respective owners.
If you agree to this Agreement (as well as any Additional Terms), then you may download, print and/or copy SiM Content solely for your own personal use.
Except for content that is in the public domain or unless SiM provides you with written authorization to do so, you may not:
▪ Incorporate any SiM Content into any other work (such as your own website) or use SiM Content in any public or commercial manner;
▪ Copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell SiM Content in any form or by any means;
▪ Change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the SiM Content; or
▪ ‘Deep link’ to any of the Services (i.e., link to any page other than the home page of one of the Services).
EXCEPT FOR SIM CONTENT PROVIDED BY US OR OUR AGENTS, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY THIRD PARTY. SIM IS AN INDEPENDENT, NONPARTISAN ORGANIZATION. SIM TAKES NO INSTITUTIONAL POSITIONS ON POLICY ISSUES. ALL STATEMENTS OF FACT AND EXPRESSIONS
OF OPINION CONTAINED IN ANY OPINIONS EXPRESSED ON THIS SITE ARE THE SOLE RESPONSIBILITY OF THE AUTHOR. REFERENCES TO SPECIFIC NONPROFIT, PRIVATE OR GOVERNMENT ENTITIES ARE NOT AN ENDORSEMENT.
4. USING THE SERVICES
Age of Eligibility: You must be the age of legal majority or older in your place of residence to use the Services.
Accessing the Services: You are responsible for the software, hardware and Internet service needed to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device (“Mobile Device”), you are solely responsible for any and all data and other fees related to use of the Services through your Mobile Device.
We do not guarantee availability of the Services at all times of the day. SiM may from time to time perform upgrades, updates or otherwise make the Services unavailable. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Services at any time and without notice. Except as provided in our customer agreements, SiM has no obligation to provide access to or support for the Services.
Restrictions on Your Use of Services: You may use the Services for lawful, non-commercial purposes only.
You agree that you will not (and you agree not to encourage or allow any third party to):
▪ Breach, test, circumvent (or attempt to breach, test or circumvent) any security, copy protection or rights management feature in the Services or otherwise attempt to gain unauthorized access to the Services, or SiM’s computer systems or networks,
▪ Copy, modify, translate, adapt or otherwise create derivative works or improvements (whether or not patentable) of any part of the Services;
▪ Decompile, reverse engineer, disassemble or decode the Services or otherwise attempt to derive or gain access to the source code of any part of the Services (unless applicable laws specifically prohibit such restriction);
▪ Remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services;
▪ Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
▪ Use the Services to advertise, buy or sell any products or services;
▪ Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including though time-sharing, use of service bureau or by otherwise making the Services available on a network on which it is accessible by more than one device at any time;
▪ Reformat or frame any portion of the web pages that are part of the Services without SiM’s written consent;
▪ Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services, or;
▪ Collect or store Personal Data (as defined in the Privacy Policy about any other user without his or her express prior written consent.
7. DISCLAIMER OF WARRANTIES
SiM warrants that SiM has validly entered into this Agreement and has the legal power to do so. You warrant that you have validly entered into this Agreement and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SIM SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SiM specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. SiM does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by SiM or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SIM AND ITS REPRESENTATIVES,
AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (“SIM PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING ANY LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICES INTERRUPTIONS AND PROCUREMENT OF SUBSTANTIVE SERVICES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES. YOU FURTHER WAIVE AND AGREE NOT TO ASSERT AGAINST SIM ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, EVEN IF SIM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EACH CASE, ARISING OUT OF OR RELATING TO (I) THE USE OR INABILITY TO USE THE SERVICES OR (II) THE CONDUCT OF YOU OR ANY OTHER REGISTERED USER IN CONNECTION WITH THE USE OF THE SERVICES.
EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL SIM PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATION TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED, IN THE AGGREGATE, ONE HUNDRED UNITED STATES DOLLARS ($100.00).
The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in this Agreement that limit liability are essential terms and that SiM would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
9. DISPUTE RESOLUTION
If you have a complaint about the Services, please contact SiM via email at info@sim-llc.com. To the maximum extent permitted by applicable law, you and SiM agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BOXLIGHT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of this Section 10 of this Agreement, you and Boxlight agree that nothing in this Agreement will be deemed to waive, preclude or otherwise limit the right of either of us to: (i) bring an individual action in small claims court within its jurisdictional limits; (ii) file a complaint with the applicable federal, state or local agency; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of the Services or address an intellectual property infringement claim. Except where prohibited, this Agreement is governed by and construed and enforced in accordance with the internal laws of the State of Washington, without
giving effect to the principles of conflicts of laws of such state, and is binding upon the parties hereto in the United States and worldwide.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
If you are a resident of the US: Any dispute between you and SiM and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement shall be finally settled in accordance with the Rules of Arbitration of the American Arbitration Association (“AAA”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with AAA’s rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Such arbitration contemplated by this Agreement shall take place in Seattle Washington.
If you are not a resident of the US: If local law requires, you may bring an action against SiM in the local courts of your place of domicile and nothing in this Agreement is intended to limit your rights to do so. All disputes arising under the Agreement between you and SiM are subject to the non-exclusive jurisdiction of the courts located in your place of domicile and you and SiM hereby submit to the personal jurisdiction and venue of these courts.
10. NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is:
Strategic Income Management, LLC
1200 Westlake Ave N
Suite #713
Seattle, WA 98109
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of “Legal Department” at the above address.
11. INTERNATIONAL USE
If you are not a United States resident and you are accessing our Services from outside the United States, you agree to transfer certain information outside your home country to us and that you will follow all the laws that apply to you.
SiM’s servers and operations are located primarily in the United States and our policies and procedures are based primarily on United States law. Because of this, the following provisions apply specifically to users located outside of the United States: (i) you consent to the transfer, storage, and processing of your information (including Personal Data) to and in the United States and/or other countries; (ii) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or use the Services; and (iii) you agree to comply with all local laws, rules, and regulations including all laws, rules,
and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject SiM or its affiliates to any registration requirement within such jurisdiction or country.
12. TERMINATION
Termination will not limit any of SiM’s other rights or remedies. The sections titled SiM Content, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, General Terms and any other provision that is intended to survive termination shall survive termination of this Agreement.
13. LINKS TO OTHER WEBSITES AND SERVICES
The Services contain links to other websites and services that we think may interest you, including social networking (collectively, “Linked Services”). Linked Services are not under the control of SiM, and SiM is not responsible for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by SiM of the Linked Services or any association with the operators of the Linked Services. SiM does not investigate, verify or monitor the Linked Services. SiM provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
14. GENERAL TERMS
▪ This Agreement (i) inures to the benefit of and will be binding upon SiM’s and you and your
successors and assigns, respectively and (ii) may be assigned by SiM but you may not assign them without the prior express written consent of SiM.
▪ This Agreement, together with our Privacy Policy contain the entire understanding by and
between SiM and you with respect to the matters contained herein.
▪ If any provision of this Agreement is or becomes unenforceable or invalid, the remaining
provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
▪ If SiM fails or you fail to perform any term of this Agreement and you do not enforce the term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
▪ Nothing contained in this Agreement will be deemed to constitute SiM or you as the agent or representative of the other or as joint venturers or partners.
▪ If SiM is or you are prevented from performing or unable to perform any obligation under this Agreement due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence.
▪ The headings and captions contained herein are for convenience only.
▪ This Agreement and all related documentation will be drafted in English. While certain text in this Agreement may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls.
15. QUESTIONS ABOUT THE SERVICES
If you have a question about the Services, please contact SiM via email at info@sim-llc.com.