The SERVICES are defined as the Simon Sez IT, LLC website, CD, DVD, or USB device including technical training. The Effective Date is November 1, 2009.

Please read the following terms and conditions carefully, as this Terms of Use Agreement sets forth the standards of use between Simon Sez IT, LLC (“Simon Sez” or “we”) and you (the “Member”). If you do not agree to these terms and conditions, you may not use the Services and should not proceed to use the Services – do not insert the CD, DVD or USB device into your computer or other media player and do not play the technical training portion from our website. By using the Services after the Effective Date above, in other words by using this CD, DVD or USB device, the Member agrees to these terms and conditions, including all amendments made to date. Again, if the Member does not agree to the terms and conditions of this agreement, you should immediately cease all usage of this material. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at SimonSezIT.com website. Your continued use of the Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service
Subject to payment of the license fee(s) and compliance with this Terms of Use Agreement, Simon Sez is providing (a) a single Member with a fully paid-up, royalty-free, non-exclusive, non-transferable, non-redistributable right and license to personally (non-commercial) use the Services which includes playing a media recording of technical training, or (b) a group Member with a specific number of seat licenses of a fully paid-up, royalty-free, non-exclusive, non-transferable, non-redistributable right and license to use the Services which includes playing a media recording of technical training. Member must provide all equipment necessary including computer and related equipment. Simon Sez retains all ownership of the media recording of technical training provided to you including all copyrights, patents, trademarks, trade secrets and know how. The license fee is not refundable at any time after the initial purchase.

Member may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software, products or services obtained from Simon Sez’s Services or its website. The use of the Services on any other web site or networked computer environment is prohibited, except for a group Member who has paid for a specific number of seat licenses, and then such group Member may only upload the Services onto one server for use a limited number of times pursuant to the paid seat licenses. Member recognizes that he/she may not reverse engineer, or reverse assemble the Services, Simon Sez’s website software, or otherwise attempt transfer of any right in the software. Member recognizes that unauthorized use of website content may subject said user to civil or criminal liability.

Disclaimer of Warranties.
The Services provided by Simon Sez C on an “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, Simon Sez makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services or its website in terms of its correctness, accuracy, reliability, or otherwise. Simon Sez shall have no liability for the use of the Services or its website. SIMON SEZ DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, CONDITION OF QUALITY, DESCRIPTION, OPERATION, ADEQUACY, TITLE, INTERFERENCE WITH USE OR ENJOYMENT OF USE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable. Further, Simon Sez is NOT responsible for typographical errors or omissions of any kind. The information provided in the Services and technical training media is provided for informational purposes only. Member bears the entire risk of using the Services, including any content on the Simon Sez website. All materials and content contained within the Services and the Simon Sez website are subject to change, without notice.

Limitation of Liability
SIMON SEZ SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SIMON SEZ SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF SIMON SEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE, HOWEVER, SIMON SEZ’S TOTAL LIABILITY TO MEMBER FOR BREACH OF ANY AND/OR ALL SUCH WARRANTIES SHALL BE LIMITED TO THE AMOUNT PAID FOR THE LICENSE FEE.

Indemnification
Member agrees to indemnify and hold Simon Sez, its parents, subsidiaries, affiliates, officers and employees, agents, and contractors harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Services, the violation of this Agreement, or infringement by Member, or other user of the Services using Member’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service
Simon Sez reserves the right to modify or discontinue the Services with or without notice to the Member. Simon Sez shall not be liable to Member or any third party should Simon Sez exercise its right to modify or discontinue the Services. Member acknowledges and accepts that if Member uses its license via the Simon Sez website, that Simon Sez does not guarantee continuous, uninterrupted or secure access to its website and operation of the website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites
Our website and training material (CD, DVD or USB device) may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Member acknowledges that Simon Sez is not responsible for the availability of, or the content located on or through, any third-party site and Member hereby releases Simon Sez of any liability regarding such third party sites and their services. Member should contact the site administrator or webmaster for those third-party sites if Member has any concerns regarding such links or the content located on such sites. Member’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and Simon Sez is not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Simon Sez makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Simon Sez website.

Simon Sez makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and Member acknowledges that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Security

All group Members are responsible for all usage or activity of the Services by seat license users, including but not limited to their activities under the license and using a password if one is provided, including but not limited to use of your password by any third party.

Further, if Member is accessing the Services via the Simon Sez website, Member acknowledges that like any web application, the Simon Sez website may be susceptible to hacker attacks and security breaches. It is the Member’s responsibility to ensure that the servers and computers using the Services are in a secure environment with appropriate firewalls, database encryption, virus protection, security patches including windows update in place. Simon Sez is not liable for any loss of data or any other damages from security breaches, denial of service or other hacker attacks.

Governing Jurisdiction of the Courts California

The Simon Sez website is operated and provided in the State of California. The Services and any claim related to the website are subject to the laws of the State California, and such laws will govern this Terms of Use Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if Member chooses to access our site or purchased training material (CD, DVD or USB device) you agree to do so subject to the internal laws of the State California.

Any action against Simon Sez in connection with this Terms of Use Agreement and the Services must be brought within 12 months after the cause of action arises. In all events, we each waive trial by jury. In any proceeding to enforce the terms hereof, the prevailing party shall be entitled to recovery of an attorney fee, in addition to other costs of suit.

Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information
All content included or available on the Simon Sez website or training material (CD, DVD or USB device), including website and material (CD, DVD or USB device) design, text, graphics, interfaces, and the selection and arrangements thereof is © 2009 Simon Sez IT, LLC, with all rights reserved, or is the property of Simon Sez IT, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website or training material (CD, DVD or USB device), including reproduction for purposes other than that included in the License above, modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Simon Sez, is strictly prohibited. Member agrees he/she will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Simon Sez.

The logo service marks, trademarks, and/or trade dress of Simon Sez are owned exclusively by Simon Sez. All other trademarks displayed on Simon Sez websites and training material (CD, DVD or USB device) are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Simon Sez IT, LLC. No license is granted herein for use of any service mark, trademark and/or trade dress of Simon Sez and/or owner.

Botnets
If member uses the website to access the Services, Simon Sez IT, LLC retains the right, at our sole discretion, to terminate any Member accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Simon Sez IT, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Member agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Simon Sez in our sole discretion. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. No clause of this Terms of Use Agreement will be deemed waived, and no breach of this Terms of Use Agreement excused, unless the waiver or consent is in writing signed by the party granting such waiver or consent. Waiver of the breach of any provision of this Term of Use Agreement will not operate or be construed as a waiver of any other or subsequent breach. No failure or delay in exercising any right, remedy or power under this Terms of Use Agreement will operate as a waiver of any other right, remedy or power. The clauses if this Terms of Use Agreement which by their nature are to survive this agreement will survive its expiration or termination.

AND FINALLY...

We thank you for choosing SimonSezIT.com and we look forward to helping your learn IT!