Terms and Conditions
Terms of Service
Last Updated: March 2, 2017
These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by ESC Region 13 (“esc13.net”, “we”, “our” or “us”) located at http://www.mysimtoolbox.com (the “Site”) and the services available thereon, including without limitation the ability to search, stream, and download SIM Toolbox resources (the “Services”). This Agreement forms a legally binding contract between you and ESC Region 13. Please review this Agreement carefully.
By accepting this Agreement, you agree to be bound by the terms and conditions of this Agreement and all other policies posted on the Site or otherwise provided by us, as they may be amended from time to time in the future. All of these policies, as amended, are hereby incorporated by reference into this Agreement.
If you do not agree to this Terms of Service, you should not continue to set up your My SIM Toolbox account.
1. Ability to Use the Site and Services
By using the Site or the Services, you represent and warrant that you meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Site or Services. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it.
2. Your Profile Information and Account
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Services. That e-mail address and password, together with any or other user information you provide, form your “Profile Information” and allow you to access your account (“Account”). You agree to provide true, accurate, current and complete information about yourself and to immediately provide updated information as your circumstances change. You may not misrepresent your Profile Information.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying us immediately.
By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change your e-mail address, as appropriate.
3. Intellectual Property Rights
All right, title, interest and ownership and intellectual property rights in and to the trademarks and the Site, including but not limited to its “look and feel” (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than user Content, are and will remain the property of esc13.net or its software or content suppliers. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ESC Region 13.
Subject to the terms and conditions of this Agreement, we grant to you, during the term of this Agreement, a personal, non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access the Site and use the Services that are subject to a valid Subscription.
You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to us related to the Services, the Site or esc13.net or its business (“Feedback”) shall become our property without any compensation or other consideration payable to you by us, and you do so of your own free will and volition. We may or may not, in its sole discretion, use or incorporate the Feedback (in whatever form or derivative we may decide) into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to us in any Feedback and, as applicable, waive any moral rights.
We own any test results, data information and other output generated by your use of the Site and/or the Services during the term of this Agreement. You may not disclose to any third party any test results or performance information regarding the Site or the Services, whether generated by you, us or a third party, except where expressly permitted.
4. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Associate Director of Center Support with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us or our service provider to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be sent to the attention of Associate Director of Center Support, ESC Region 13, at email@example.com. For clarity, only DMCA notices should go to the Associate Director of Center Support; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
5. Confidential Information
You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from us during the term of this Agreement or following the expiration or termination of this Agreement. “Confidential Information” means any non-public information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any downloadable content, streaming video, operation procedures, trade secrets, know-how and processes, technical documentation and data, and inventions, discoveries, and improvements of any kinds.
6. Acceptable Use and Conduct:
You agree that that you will not publish or make available any Content that (or promotes or links to content or materials that), use the Site in a manner that, or use information obtained from the Site (including email addresses) in a manner that:
infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
contains software viruses, Trojan horses, worms, Easter eggs, spyware, malware, or any other computer code, files or programs that are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that are designed to access, disclose, monitor or destroy data without authorization;
is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy; collects personally identifiable, is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by us;
impersonates an ESC Region 13 employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, for any reason, including to obtain access to the Site or a portion thereof without proper authorization;
interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons’ ability to use the Site, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or any other site or system in use by another user of the Site;
uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the information or content contained therein (including any form of e-mail address harvesting);
facilitates the unlawful distribution of copyrighted Content;
licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or commercially exploits the Services;
includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers, in order to disguise the origin of Content transmitted through the Site to users;
constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests (including, without limitation, any form of spamming);
stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
attempts to gain unauthorized access to the computer systems of the Site or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
contains adult or pornographic Content;
decompiles or reverse engineers or attempts to access the source code of the software underlying the Site, the Services or any other technology, or that merges or combines any such software or technology with any other data or materials to form a new product or service;
copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivative works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site;
accesses the Site for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes;
accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site; or
promotes any business or business activity other than the launch of the business that is the stated purpose of your launch page (including creating a launch page for a fictitious business, product, service or event in order to create a marketing list by collecting email addresses).
Because your privacy is important to us, ESC Region 13 operates by these principles:
The mysimtoolbox.com website (“Site”) is maintained by ESC Region 13, 5701 Springdale Road, Austin, TX 78723. We can be reached by e-mail at email@example.com.
We explicitly ask when we need information that personally identifies you (“Personal Information”). ESC Region 13 collects information online primarily to make it easier and more rewarding for you to use our services. Depending on the service you are accessing, you could be asked at various times to provide information such as your name, email address, or information about what you like and do not like. On other occasions such as when we provide online registration for events, we may request your credit card number to conclude the transaction, or your mailing address to ensure proper delivery. We request this information to provide our strongest value to you – a personalized online experience. We use your Personal Information to operate ESC Region 13 websites and we may occasionally inform you of new features, services, and products from ESC Region 13.
We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the Site to relate your use of the Site to information that you have specifically and knowingly provided to the Site.
If at any time you believe a Site has not adhered to these principles, please notify us by email to firstname.lastname@example.org and we will use all reasonable efforts to promptly determine and correct the problem.
ESC Region 13 will not sell or rent your personal information to anyone.
8. Disclaimer of Warranties
YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
WE DISCLAIM ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, THE FAILURE OF THIRD-PARTY SERVICE PROVIDERS, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT WE, IN OUR SOLE DISCRETION, MAY ELECT TO TAKE, AS WELL AS THE MALICIOUS ACTIONS OF HACKERS AND OTHER THIRD PARTIES. WE MAKE NO GUARANTEE REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE, OR (B) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE.
WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY ESC REGION 13, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY US.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
THE SITE IS OFFERED AND CONTROLLED BY ESC REGION 13 FROM ITS FACILITIES IN THE UNITED STATES. ESC REGION 13 MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
9. Third Party Sites and Content
ESC Region 13 has provided links and pointers to Internet sites maintained by third parties. Neither ESC Region 13, its parent or subsidiary companies nor their affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, ESC Region 13 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ESC Region 13 does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. ESC Region 13 does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not ESC Region 13) assume the entire cost of all necessary maintenance, repair or correction.
10. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall ESC Region 13 be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, ESC Region 13 materials. You specifically acknowledge and agree that ESC Region 13 is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any ESC Region 13 material, or with any of ESC Region 13’s terms and conditions, your sole and exclusive remedy is to discontinue using ESC Region 13.
We reserve the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, we may at any time, with or without notice, suspend or terminate your Account and your ability to access the Services and your Content and data, if we, in our sole and absolute discretion, believes that you have violated the terms of this Agreement or applicable law or that you are engaging in activity that may harm the Site, us, our reputation, our customers or users, or other third parties; in such event, we may immediately delete your account. We shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension, termination, discontinuance or deletion.
11. Cancellation and Termination
We reserve the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Notice of termination will be provided to the e-mail address you currently have on file with us. We also reserve the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of the United States. We reserve the right to terminate any portion of the Site at any time, for any reason, with or without notice.
If there is any dispute between you and us about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the United States and of the State of Texas, without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Austin, Texas with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided, however, that we may seek and obtain injunctive relief in any jurisdiction.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages or the necessity of posting bond.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Any waiver of our rights or remedies, or of any breach of this Agreement, must be in writing and signed by us.
The sections of “Intellectual Property Rights”, “Digital Millennium Copyright Act”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability”, and “Miscellaneous” will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
In summary, this agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
If we made a mistake somewhere, we’ll work with you to quickly resolve the matter. The Site does not offer refunds outside of an internal error.
Under no circumstances shall the Site or its affiliates be held responsible for overdraft charges incurred from your financial institution as a result of any purchases or renewals through or in connection with our websites. It is the sole responsibility of you as a customer to ensure “overdraft fees,” “overage fees,” or “overlimit” or any other fees from your financial institution do not occur by taking the necessary action to avoid them. Furthermore, esc13.net is not liable for any fees incurred due to billing errors.
Subscriptions are billed on a one-time, at purchase basis. We will not refund “unused” portions of a Subscription. For all other subscription and billing inquiries, visit our Return Policy at https://store.esc13.net/pages/return-policy.