Date of Last Revision: 9 August 2011
PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These terms and conditions of use ("Site Terms") govern your access to, and use of, this Web site (the "Site"), owned by GoldSim Technology Group, LLC (“GoldSim "), and the information and other online and offline services (the "Services") provided at the Site. These Site Terms do not alter in any way any printed written agreement signed by you and GoldSim, or its subsidiaries or affiliates. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf.
GoldSim reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. You warrant and attest that you are at least eighteen (18) years of age.
All other questions or comments about the Site or its contents should be directed to software@goldsim.
1. Posted Content
In posting Content on the Site, you agree to grant GoldSim an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such posted Content. This license is non-exclusive, except you agree that GoldSim shall have the exclusive right to practice this license to the extent of combining your posted Content with the posted Content of other GoldSim users.
The following is a list of the type of Content that is prohibited on the Site; unacceptable content is not limited to this list. GoldSim reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violated this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators, however GoldSim is not obligated to do so. The following list is deemed unacceptable.
- Incitement of illegal activity.
- Harassment or perceived harassment of another person.
- Unsolicited mass mailings or “spam”.
- Content determined by GoldSim to be illegal, or to violate any local, state or federal law or regulation or the rights of any person or entity.
- Harmful, offensive and abusive language, including but not limited to: hate speech, expletives, harassment, obscenities, vulgarities and sexually explicit language.
- personal information or messages including email addresses, URLs, postal addresses and phone numbers.
- Content that is inappropriate based on the subject matter.
- Any content that is encrypted or that contains viruses or any other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
- Any content that violates intellectual property rights of any person.
You agree that you will only provide Content that you believe to be true and you will not purposefully provide false or misleading information.
You agree that you will not:
- remove any trademark, copyright or other proprietary rights notices contained in or on the GoldSim Site or in or on any Content or other material obtained via the GoldSim Site;
- modify, adapt, translate, or reverse engineer any portion of the GoldSim Site;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the GoldSim Site;
- take any action that creates an unreasonably large load on our IT infrastructure;
- use the GoldSim Site to violate the security of any computer network, crack passwords or security encryption codes; transfer or store illegal material including that are deemed threatening or obscene;
- create user accounts by automated means or under false or fraudulent pretenses;
- collect information about other users for any purpose;
- access, retrieve or index any portion of the GoldSim Site for purposes of constructing or populating a searchable database containing materials from this Site.
Please report any offensive or abusive behavior on this Site to email@example.com. Regarding Copyright violations, please see section 8 below.
4. Copyright and Limited License
Unless otherwise indicated, the Site and all content on the Site, including, without limitation, the GoldSim logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the property of GoldSim, its licensors or its industry partners and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Site. Such license is subject to these Site Terms and does not include or authorize: (a) any resale or commercial (non-personal) use of the Site or the Materials therein; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Site or the Materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or Service; (e) downloading (other than page caching) of any portion of the Site, the Materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to GoldSim's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site; or (g) any use of the Site or the Materials other than for their intended purpose. Any use of the Site or the Materials other than as specifically authorized herein, without the prior written permission of GoldSim, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. All rights not explicitly granted herein are reserved by GoldSim.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray GoldSim, any of its products or services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a GoldSim logo or other proprietary graphic to link to this Site without the express written permission of GoldSim. Further, you may not use, frame or utilize framing techniques to enclose any GoldSim trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without GoldSim' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of GoldSim or any third party.
6. Third Party Content
GoldSim or its industry partners may provide links to Web pages and content of third parties as a service to those interested in such links and content, and GoldSim may post third party content or allow users to post their content or third party content to the Site. GoldSim does not monitor or have any control over any Third Party Content or third party Web sites. GoldSim does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. GoldSim does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. Users use these links, Third Party Content and third party Websites at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
7. Third Party Services
The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the "Third-Party Services"). GoldSim is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, GoldSim makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and GoldSim assumes no responsibility or liability for any Third Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and GoldSim is not responsible or liable for any Third-Party Services.
8. Digital Millenium Copyright Act
GoldSim responds to notices of alleged copyright infringement. This page describes the procedures related to allegations of infringement. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website, http://www.copyright.gov).
GoldSim’s response to these notices may include removing or disabling access to allegedly infringing Materials and/or terminating access. If we remove Materials or terminate access in response to such a notice, we will make a good-faith attempt to contact the party that uploaded such Materials so that they may make a counter notification.
To file a notice of infringement with us, please provide a written communication (by fax or regular mail -- not by email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that GoldSim has infringed your copyrights.
To expedite GoldSim’s ability to process your request, please use the following format (including section numbers):
Identify in sufficient detail the copyrighted work that you believe has been infringed (for example, "The copyrighted work at issue is the text that appears on http://www.______.com/_______.html") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is the book titled “My Summer at Camp” by Dawn Early, published by _________, ISBN #___________").
Identify with specificity the Material that you claim infringes the copyrighted work.
Provide your contact information (email address is preferred).
Provide contact information, if possible, for the owner/administrator of the allegedly infringing Materials (email address is preferred).
Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Sign the notice.
Send the written communication to the following address:
GoldSim Technology Group, LLC
Attn: GoldSim Legal Support, DMCA Complaints
22500 SE 64th Place, Suite 240
Issaquah, WA 98027-8111
Phone number: 1-425-295-6985
The law permits the publisher of the allegedly infringing Materials or a site administrator of an affected site to make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When GoldSim receives a counter notification, we may reinstate the complained-of Materials.
To file a counter notification, please provide a written communication (by fax or regular mail -- not by email) that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that Materials are not infringing the copyrights of others.
To expedite our ability to process your counter notification, please use the following format (including section numbers):
Identify the specific URLs or other unique identifying information of Materials that GoldSim has removed, to which GoldSim has disabled access or to which GoldSim referred in a communication with you.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or King County, WA if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
Sign the paper.
Send the written communication to the following address:
GoldSim Technology Group, LLC
Attn: GoldSim Legal Support, DMCA Complaints
22500 SE 64th Place, Suite 240
Issaquah, WA 98027-8111
Phone number: 1-425-295-6985
“GoldSim”, the GoldSim logo and any other product or service name or slogan displayed on the Site or Service are trademarks of GoldSim and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of GoldSim or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "GoldSim" or any other name, trademark or product or service name of GoldSim without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of GoldSim and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and GoldSim names or logos displayed on the Site or through the Service are the property of their respective owners.
10. Disclaimers and Acknowledgements Regarding Use of Site Information
THE SITE, THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GOLDSIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS. GOLDSIM DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. GOLDSIM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
GOLDSIM IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE OR ACCESSED THROUGH THE SERVICE. WHILE GOLDSIM ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, GOLDSIM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
GoldSim reserves the right to change any and all content contained on the Site and any products or Services offered through the Site at any time without notice.
11. Limitation of Liability
IN NO EVENT SHALL GOLDSIM OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SITE, THE PRODUCTS OR SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM GOLDSIM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GOLDSIM'S RECORDS, PROGRAMS PRODUCTS OR SERVICES. THE AGGREGATE LIABILITY OF GOLDSIM, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SITE OR THE SERVICE, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GOLDSIM FOR ACCESS TO OR USE OF THE SITE OR THE SERVICE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE 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.”
You and GoldSim agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Site Terms or the Service Terms or the breach of either, or arising out of or relating to the Site and/or GoldSim products or Services shall be resolved exclusively by arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Site Terms or Service Terms, injunctive or other appropriate relief may be sought from any court specified in the next Section (Applicable Law and Venue). The place of arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding related in any way to the Site or Service be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section (Arbitration) is held by a court or arbitrator to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified to comply with such provision and the remainder of this Section shall not be affected.
13. Applicable Law and Venue
These Site Terms the Service Terms and your use of the Site shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth above), any action at law or in equity arising out of or relating to the Site, GoldSim products or Services or these Site Terms or Service Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
If any of these Site Terms or the Service Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and GoldSim.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
17. Force Majeure
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
18. Entire Agreement