Terms of Use

Last revised on November 26, 2018

TERMS OF USE AGREEMENT

This terms of use agreement (the “Terms of Use” or “Agreement”) is made, entered into and effective the date of your first use of SimulationDeck, by and between SimulationDeck, LLC, a Colorado limited liability company (the “Company” or “Licensor”) on the one hand, and you, the employee, staff member or other authorized personnel associated with the Licensee of the SimulationDeck software (collectively, the “Users”, “You” or “Licensee”) on the other, for the suite of information services, mobile applications, Content and any related materials, documentation, updates or modifications that may be provided to User by the Company or its licensees or agents (collectively, the “Software” or “SimulationDeck”). This Terms of Use agreement is hereby incorporated into that certain software license Agreement by and between the Company and the Licensee (the “Software License Agreement”).

RECITALS:

WHEREAS, the mission of the Company is to provide responders and crisis management personnel (“Responders”) with a training resource (“Software” or “SimulationDeck”),

WHEREAS, SimulationDeck simulates command-center and field-operations conditions during catastrophic events, natural disasters, epidemic outbreaks, and other emergency situations (collectively “Incidents”),

WHEREAS, Responders are confronted by scenarios that depict various aspects and phases of an evolving Incident as they would be experienced in a command-center or field-operations personnel,

WHEREAS, SimulationDeck’s Incidents are conveyed to Users via multiple communications platforms including simulations of telephone, television, text, wire, email, internet, social media, online video, news crawlers, radio transmissions, mobile apps, feeds, blogs, online postings, print media, wire reports and other websites owned or operated by SimulationDeck (collectively, the “Website”), and

NOW THEREFORE, in exchange for the mutual promises herein, the value mutual consideration of which is hereby acknowledged, the Parties hereto agree as follows:

  1. Scope of Agreement and of Acceptance of Agreement.

    If You are using SimulationDeck on behalf of a company, government agency or other legal entity, You are nevertheless individually bound by this Agreement even if your company or agency has a separate agreement with SimulationDeck. If you do not want to register an account and become a SimulationDeck User, do not accept this Agreement as noted below. By accepting this Agreement, You acknowledge that you have read and understood all of the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

    BY USING ANY PART OF THE SOFTWARE, LICENSEE CONSENTS TO BECOME A PARTY TO THIS AGREEMENT AND TO BE BOUND BY ITS
    TERMS AND CONDITIONS. LICENSEE’S WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. IF LICENSEE DOES NOT WANT TO BECOME A PARTY TO THIS AGREEMENT OR DOES NOT AGREE WITH OR CANNOT COMPLY WITH ALL OF ITS TERMS, DO NOT USE ANY PART OF THE SOFTWARE, AND LICENSEE WILL NOT BE LICENSED TO THE SOFTWARE OR BE AUTHORIZED TO USE ANY PART OF THE SOFTWARE.

  2. Your Acceptance of Terms of Service

    Your use of this Website, the Services provided and the viewing of the content available at the Website including without limitation, the messages, software, scripts, emails, text messages, graphics, images, renderings, thermal maps, topographic maps, depictions, other maps, charts, data, text, video, simulated television and radio, overlays photos, clip art, sounds, music, interactive features et cetera (the “Content”), is subject to the Terms of Use and the Privacy Policy published at https://nusura.com/privacy-policy, which is incorporated herein by reference. Each time you use the Website, you agree to be bound by the Terms of Use and the Privacy Policy may be updated by SimulationDeck from time to time without notice to you.

  3. Users of Website

    These Terms of Use and the definition of “You” and “Users” above applies to all customers, visitors, users, and others who view the Website, including those who are also contributors of images, video, information, and other materials or services on the Website. The Website may contain links to third-party websites, software, content or services (“Third Party Website”) that are not owned or controlled by SimulationDeck. SimulationDeck has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Websites. In addition, SimulationDeck will not and cannot censor or edit the content of any Third Party Website. By using the Website, You expressly relieve SimulationDeck from any and all liability arising from your use of any Third Party Website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms of use and privacy policy of each Third Party Website that you visit.

  4. Use of the Website

    1. SimulationDeck hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:
      1. Your use of the Website as permitted is solely for your personal, noncommercial use (except as set forth in Section 4(f) below);
      2. You will not copy or distribute any part of the Website in any medium without SimulationDeck’s prior written authorization;
      3. You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
      4. You will otherwise comply with the terms and conditions of these Terms of Use.

    2. In order to access some features of the Website, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SimulationDeck immediately of any breach of security or unauthorized use of your account. Although SimulationDeck will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SimulationDeck or others due to such unauthorized use.
    3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the servers operating the Website in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, SimulationDeck grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. SimulationDeck reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems and/or the navigation systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to their User Submissions (see Section 6 below).
    4. SimulationDeck may permanently or temporarily terminate, suspend, or otherwise refuse to permit Users’ access to the Website without notice and liability, if, in SimulationDeck’ sole determination, User violates any of the Terms of Use, including the following prohibited actions;
      1. Use the Website for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person's view, objectionable;
      2. Submit, transmit, promote or distribute information or content that is illegal;
      3. Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website;
      4. Take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
      5. Upload invalid data, viruses, worms, or other software agents through the Website; (vi) use any robot, spider, scraper or other automated access the Service for any purpose without our express written permission;
      6. Impersonate another person or otherwise misrepresent Users’ affiliation with a person or entity, conduct fraud, hide or attempt to hide Users’ identity;
      7. Submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to make available under any law or under contractual or fiduciary relationships;
      8. Interfere with the proper working of the Website; or,
      9. Bypass the measures we may use to prevent or restrict access to the Website. Upon termination for any reason, User continues to be bound by this Agreement.
    5. Website and Content generated by it, including emails, reports, video conferences, videos, recordings, depictions, graphics, maps, debriefing materials, any maps, navigation information, photographic imagery and other data, is made available for your personal, non-commercial use only. For business Users, the Website and data generated by it, including maps, navigation information, videos, reports, graphics, messages, photographic imagery and other data is made available for your internal use only and may not be commercially redistributed.
  5. Intellectual Property Rights

    The Content on the Website, the trademarks, service marks and logos contained therein ("Marks"), and the Services provided by or carried out by the systems and methods incorporated into the Website, are owned by or licensed to SimulationDeck and are subject to copyright, trademark, patent and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SimulationDeck reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (see Section 5 below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

  6. User Submissions

    1. The Website may now or in the future permit the submission of images, sounds, videos, images, maps, charts, overlays, data, or other communications submitted by you and other Users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, SimulationDeck does not guarantee any confidentiality with respect to any User Submissions.
    2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
      1. You own or have the necessary licenses, rights, consents, and permissions to use and authorize SimulationDeck to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and
      2. You have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to SimulationDeck, you hereby grant SimulationDeck a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of (which SimulationDeck shall be the sole and exclusive owner), display, perform and otherwise exploit the User Submissions in connection with the Website and SimulationDeck’ (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each and every other third party user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use,
    3. In connection with User Submissions, you further agree that you will not:
      1. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SimulationDeck all of the license rights granted herein;
      2. Publish falsehoods or misrepresentations that could damage SimulationDeck or any third party;
      3. Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
      4. Post advertisements or solicitations of business:
      5. Impersonate another person. SimulationDeck does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SimulationDeck expressly disclaims any and all liability in connection with User Submissions. SimulationDeck does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and SimulationDeck will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. SimulationDeck reserves the right to remove Content and User Submissions without prior notice. SimulationDeck will also terminate a User's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content or a User Submission removed from the Website more than twice. SimulationDeck also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. SimulationDeck may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
    4. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. 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;
      3. 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 the service provider to locate the material;
      4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
      5. 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
      6. 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.

      SimulationDeck’ Designated Agent to receive notifications of claimed infringement is:

      Send mail to the postal address that can be found on our contact us website page https://nusura.com/contact/ and should be addressed as follows:

      Attn: Designated Agent for SimulationDeck Copyright Matters

    5. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

    6. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that SimulationDeck is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SimulationDeck with respect thereto, and agree to indemnify and hold SimulationDeck, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
    7. SimulationDeck permits you to link to your own User Submissions, if any, hosted on the Website or User Submissions of other third parties available on the Website, for professional business purposes only. You understand that the User Submissions, whether or not linked or embedded into other websites, are provided to you only on an as-available basis, and SimulationDeck does not guarantee that their availability will be uninterrupted or bug free. SimulationDeck reserves the right to discontinue any aspect to the Website at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
    8. SimulationDeck may use your information to notify you of important changes to the Website, services, and special offers. If you do not want to receive such notices, you may use the following options to opt out of receiving future communications:
    9. Send an email message to [email protected] with the word "Remove" in the subject field; or

      Send mail to the postal address that can be found on our contact us website page https://nusura.com/contact/ and should be addressed as follows:

      Attn: Remove

      Opting out may prevent you from receiving email messages regarding the Services updates, improvements, or special offers. In the event that SimulationDeck provides any third-party with your personal information, You will have to contact the Third Party Website directly with any opt-out request.

  7. Map and Navigation Information

    Any Content or other information that is simulated for Users through the Website is intended for training and/or analytical purposes only and not as the basis, or part of the basis for deciding how to respond to an actual Incident, to make personnel deployment decisions or as to determine the methodologies for mitigating the damage or threats of damage from an Incident or potential Incident. The simulations provided in SimulationDeck may differ from actual weather conditions, emergency situations, construction projects, traffic conditions or other events. The simulations depicted in SimulationDeck may differ from actual road or travel conditions as suggested by the graphic depictions and data shown in the Content. The transit information contained in and/or provided by the Website includes information provided by third parties, and is intended for training and analytical purposes only. SimulationDeck makes no representations or warranties regarding the accuracy, completeness of Content or other information.

  8. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMULATIONDECK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE SERVICES AND ANY SERVICES ARE PROVIDED “AS IS” AND SIMULATIONDECK MAKES NO WARRANTY OF ANY KIND WITH REGARD TO SIMULATIONDECK OR ANY SERVICES PROVIDED BY SIMULATIONDECK HEREUNDER. SIMULATIONDECK EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

    FURTHER, SIMULATIONDECK DOES NOT WARRANT RESULTS OF USE OR THAT THE SERVICES ARE BUG FREE OR THAT ITS USE WILL BE UNINTERRUPTED. SIMULATIONDECK AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE SERVICES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

    YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SIMULATIONDECK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SIMULATIONDECK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

    SIMULATIONDECK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SIMULATIONDECK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  9. Restrictions, Disclaimers and Liability Limitations re Delivery of the Services.

    The SimulationDeck and/or the Services are subject to the following restrictions, disclaimers and liability limitations:

    1. Third Party Products, Data and Content. The Services may work in conjunction with (or rely upon) third party products, data or content that is not owned or controlled by SIMULATIONDECK (“Third Party Products”). When the Services are used (or relies upon) Third Party Products, by agreeing to be bound by the terms and conditions of this Agreement, You hereby acknowledge that You accept both the Services and the Third Party Products at Your risk. Conflicts may develop between the Services and such Third Party Products that may inhibit the Website’s performance, accuracy, functionality or operation. SIMULATIONDECK disclaims all liability that may arise from the use of (or reliance upon) the Services and/or the use of (or reliance upon) such Third Party Products. SimulationDeck does not verify the validity or accuracy of the Services nor its messages or graphic images, renderings, thermal maps, topographic maps, depictions, text, video, photos, images, clipart, etc. (“Content”) in association with the SimulationDeck. Nor does SimulationDeck verify the accuracy, performance, functionality or operation of Third Party Products or data provided to SimulationDeck or the Services from such Third Party Products. Your right to use, copy or do anything with such Third Party Products is solely at the discretion of the Third Party Provider of such Third Party Products. SimulationDeck’s use and reliance upon such Third Party Products may result in erroneous data or Content being provided to You by the Website. You are hereby admonished to rely solely (if at all) on independently verifiable information that You know and trust and not to rely on the Content, the Website, the Services or SimulationDeck. It is Your responsibility to only use SimulationDeck in the context of Incident simulations and not training exercises or actual operations and to decide, independent of the Services, what if any simulated actions to take (or not to take) in a given simulated Incident based on the factors that you deem relevant in a given simulated Incident based on your experience and established protocols for your industry. SimulationDeck admonishes You that the Content generated by the Services and the data upon which it is based may be inaccurate, corrupted, misleading or erroneous due to erroneous assumptions, inaccurate information, or poor choices provided by You, partner agencies and organizations that provide you data, and external sources which you authorize, or hackers.
    2. Cloud-based Service, Back-up, Incompatibility & Help-Desk Support. Licensee’s access to the Software will be deployed through a software-as-a-service (“Saas” or “Cloud”) format whereby the Software is hosted on third party servers, including, but not limited to, servers operated by MacHighway, Liquid Web, Nusura and/or their affiliates. SimulationDeck makes no representations or warranties regarding the stability, compatibility, integrity or privacy of MacHighway, Liquid Web and/or Nusura or other Cloud-based hosting services. While SimulationDeck takes every precaution to provide a secure, stable platform according to industry standard best practices for information security, no software application can be considered completely secure. The Software, Content, Third Party Products, social media products and other related or relied upon Cloud-based SaaS may be vulnerable to hacking, spoofing, phishing, software viruses, privacy breaches, denial of service attacks, acts of God, acts of war, force majeure events, system crashes, platform connectivity and SimulationDeck disclaims any and all liability for such problems. The Software is extensively tested and is proven to be compatible on most major computer hardware devices, operating systems, mobile apps, laptops, notebooks, desktops, mobile devices or other systems or software (“Other Systems”). Due to local conditions such as the age and maintenance condition of User and Licensee device hardware, SimulationDeck does not guarantee that the Software will always function properly. These issues may cause the Software or the Other Systems to crash or operate improperly. SimulationDeck makes every effort to protect Licensee data. SimulationDeck is hosted on a dedicated server, with full backups performed daily. Continuous, off- site backups are performed every minute, utilizing replication and synchronization, with point-in-time snapshots. SimulationDeck provides 24/7 on-call technical and user general support. Support includes but is not limited to setting up and maintaining overall functionality of the portal; creating accounts, resetting passwords, turning off accounts, repairing broken links, creating or updating pages, and providing assistance with uploading content. SimulationDeck does not guarantee access to a live person, but rather to respond to requests for support within two hours of receipt of an email or voicemail support request.

    3. Erroneous Assumptions, Improper Use, Erroneous Inputs and Data. In addition to other disclaimers of liability herein, Content generated by (and data supplied to) SimulationDeck or the Services may be based on erroneous assumptions, improper usage or erroneous interpretation of the previous Content or data by You, partner agencies and organizations that provide you data, and external sources which You authorize (“Decision Makers”). SimulationDeck disclaims responsibility for the actions or simulated actions of such Decision Makers as well as their assumptions and interpretations of the Content and other information.
    4. Utilization of Website under Dangerous Conditions. Your use of the Website under certain conditions including simulations, such as walking, driving or in other conditions where Your attention may be impaired, can lead to Your injury or death or to the injury or death of third parties and You accept all risk associated with such use. SimulationDeck disclaims all liability that might arise from Your use of the Website under any circumstances where doing so might put You, Your possessions, or third parties at risk or in any kind of danger.
    5. Dangerous Environments. SimulationDeck does not control who or how data can be supplied to SimulationDeck or the Website or who can send You a message containing information, instructions, recommendations, directions and/or maps. Only follow instructions, recommendations, directions or maps that have been received from people You trust and in accordance with the applicable protocols, chains of command and incident information management requirements. All simulated responses, decisions and actions (even simulated actions) based upon the use of the Services are subject to Your verification of the data, Content and assessment of dangerous environments. All decisions, actions or simulated actions made by You are subject to Your professional judgment and are the sole responsibility of You and not the Services, SimulationDeck its maps, depictions, databases or Content. By agreeing to by bound by the terms and conditions of this Agreement, You acknowledge and accept all risk associated with such use. SimulationDeck disclaims all liability that might arise from Your use of the Services to give or follow directions, develop a course-of-action, develop a risk mitigation strategy, travel to a location or meet with another person.
    6. Dangerous Locations. SimulationDeck does not provide information regarding the safety or acceptability of locations for which You have received directions or a map during a training exercise. Even during a training exercise or simulation, only follow directions or maps to locations that You know and trust and do not follow directions or maps to locations with which you are unfamiliar or uncomfortable or inconsistent with established protocols. The relative safety of a location (even during training Incident or simulation) is dynamic and may change from safe to unsafe at any time without notice. Your use of the Services to travel to an unsafe location can lead to Your loss of possessions, to Your injury or death, or to the injury or death of third parties. By agreeing to by bound by the terms and conditions of this Agreement, You accept all risk associated with such use. SIMULATIONDECK disclaims all liability that might arise from Your use of the Software to deploy personnel or assets to any location where doing so might put You, Your possessions, or third parties at risk or in any kind of danger.
  10. Limitation of Liability.

    NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL SIMULATIONDECK OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE OR THE SERVICES PROVIDED BY OR ON BEHALF OF SIMULATIONDECK, OR (II) FOR ANY MATTER BEYOND SIMULATIONDECK OR ITS LICENSORS' REASONABLE CONTROL. SIMULATIONDECK AND ITS LICENSORS' MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO (I) THE PURCHASE PRICE PAID BY YOU FOR THE SERVICES, OR (II) IF YOU RECEIVED THE SERVICES FREE OF CHARGE, TWENTY DOLLARS ($20.00), EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE SIMULATIONDECK’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF SIMULATIONDECK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

    IN NO EVENT SHALL SIMULATIONDECK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

    1. ANY OF THE ABOVE LIMITATIONS OF LIABILITY,
    2. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
    3. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR SERVICES,
    4. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
    5. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES,
    6. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
    7. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

      YOU SPECIFICALLY ACKNOWLEDGE THAT SIMULATIONDECK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

      THE TRANSIT INFORMATION CONTAINED IN CONTENT AND/OR PROVIDED BY THE WEBSITE OR SERVICES INCLUDES INFORMATION PROVIDED BY THIRD PARTIES, AND IS INTENDED FOR SIMULATION, TRAINING AND/OR PLANNING PURPOSES ONLY. SIMULATIONDECK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF THE INFORMATION.

      SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

      The Website is controlled and offered by SimulationDeck from its facilities in the United States of America. SimulationDeck makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

  11. No Third-Party Beneficiaries

    You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third-party beneficiaries to this agreement.

  12. Indemnity

    You agree to defend, indemnify and hold harmless SimulationDeck, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, patent, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

  13. Ability to Accept Terms of Use

    By your use of the Website, you affirm that you are either are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. There are lots of other great websites for you. Talk to your parents about what websites are appropriate for you. Minors over the age of 13 must ask their parents or guardians for permission before using or visiting the Website or sending any personal information to anyone over the Internet.

  14. Assignment

    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SimulationDeck without restriction.

  15. Government Restricted Rights.

    If you are an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Website, or any related documentation of any kind, including technical data or related manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. This Website is a commercial website and the related documentation is commercial website documentation. The use of the website and related documentation is further restricted in accordance with the terms of this Terms of Use, or any modification hereto.

    SimulationDeck, LLC
    Contact information for SimulationDeck, LLC can be found on our website: https://nusura.com/contact/

  16. Proprietary Rights.

    SimulationDeck and its licensors shall own and retain all rights, title and (except as expressly licensed hereunder) interest in and to the Content and Services, all associated copyrights, Marks, trade secrets and all copies or portions thereof, original works of authorship, look and feel, and any derivative works thereof (by whomever created). The Content and Services and SimulationDeck are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Notwithstanding anything else, SimulationDeck is licensed and not sold. All rights in the Services and SimulationDeck that are not specifically granted in this Agreement are reserved by SimulationDeck and its licensors.

  17. Term and Termination.

    This Agreement is effective pursuant to the term set forth in the Software License Agreement. You may terminate the Terms of Service at any time by terminating Your account, or failing to make requisite payments for the Services SimulationDeck will have the right to terminate the license granted herein immediately if You fail to comply with any term or condition of this Agreement. The Terms of Use Agreement will terminate automatically upon User’s breach of any terms of this Agreement. SimulationDeck will also have the right to terminate the license granted herein immediately upon its sole discretion. Upon termination of this Agreement for any reason, You shall immediately stop using the Services and shall destroy and remove from all computers, hard drives, networks, and other storage media all Content. Sections 3 through 18 shall survive any termination of this Agreement.

  18. General

    These Terms of Service represents the complete agreement concerning the Websites between the parties and supersedes all prior agreements and representations between them. The Terms of Service may be amended only by a writing executed by both parties. If any provision of the Terms of Service is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary to make it legal and enforceable and the Terms of Service shall otherwise remain in full force and effect and enforceable. The failure of SimulationDeck to act with respect to a breach of the Terms of Service by User or others does not constitute a waiver and shall not limit SimulationDeck’s rights with respect to such breach or any subsequent breaches. The Terms of Service are personal to User and may not be assigned or transferred for any reason whatsoever without SimulationDeck’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. SimulationDeck expressly reserves the right to assign the Terms of Use and to delegate any of its obligations hereunder. The Terms of Use shall be governed by and construed under Colorado law (without regard to its conflicts of laws provisions) as such law applies to agreements between Colorado residents entered into and to be performed within Colorado. The sole and exclusive jurisdiction and venue for actions arising under these Terms of Use shall be the State and Federal courts in Jefferson County, Colorado. User hereby agrees to service of process in accordance with the rules of such courts.

    EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS OF USE ARE MATERIAL BARGAINED FOR BASES OF THE TERMS OF USE AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS OF USE AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS OF USE.