THE WEBSITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAWS. IN ADDITION, SIMSBURY.COM DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE, OR THE OPERATION OR FUNCTION OF THE WEBSITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN SIMSBURY.COM AND SIMSBURY.COM DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION. SIMSBURY.COM, AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, VENDORS, AND/OR SUPPLIERS ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, RESULTING FROM ANY USE OF OR RELIANCE ON, THE CONTENT, THE WEBSITE, MATERIALS OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, THE SOFTWARE, OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, SOFTWARE, OR CONTENT, OR USE OF ANY OF THE FOREGOING, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SIMSBURY.COM HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL SIMSBURY.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING, REPAIRS OR REPLACEMENT OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR DATA YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE AND THAT SIMSBURY.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE.
SIMSBURY.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, CONTENT, SOFTWARE OR ANY PRODUCT OR SERVICE OFFERED OR PURCHASED THROUGH THE WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OR ACCESS IN LOCATIONS OUTSIDE OF THE UNITED STATES.
IN ADDITION, SIMSBURY.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE, ITS CONTENT, THE SOFTWARE AND THE PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, SIMSBURY.COM DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OR SERVICES OFFERED ON THE WEBSITE.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, THE CONTENT OR THE SOFTWARE, YOU AGREE THAT YOUR SOLE REMEDY SHALL BE TO CEASE USE OF THE WEBSITE.
Indemnification
You agree to defend, indemnify and hold Simsbury.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website.
Notice of Copyright Infringement
Simsbury.com respects the rights of copyright holders. However, materials may be made available on or via the Website by third parties not within the control of Simsbury.com. If you believe any materials on the Website infringe your copyright or the copyright of a third party, you should notify Simsbury.com. To be effective, the notice must be a written communication that includes the following: (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 us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of the exclusive right that in allegedly infringed. Upon our receipt of a proper notice of claimed infringement, Simsbury.com may give notice of a claim of copyright infringement to the user who provided the materials at issue in a manner determined by Simsbury.com. Simsbury.com may, where applicable, remove or disable access to materials claimed to be infringing or remove or disable access to links to such materials.
General
These Terms of Use are governed by and shall be construed in accordance with the laws of The State of Connecticut without regard to any conflict of law provisions. Any action or proceeding arising out of or related to the Terms of Use or your use of the Website must be brought in the state or federal courts of Connecticut and you consent to the exclusive personal jurisdiction of such courts.
Rules for Chat rooms, Message Boards, and Other User-Supplied Material
Portions of this site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the site or others ("Post" or "Postings"). Postings do not reflect the views of Simsbury.com, and Simsbury.com does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in these Rules of Conduct, Simsbury.com should not be seen as endorsing any Post in any way. Neither Simsbury.com nor its parent company, its respective officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any Posting that is in violation of this agreement.
You acknowledge that anything you submit to the Simsbury.com site is routed through Simsbury.com's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on Simsbury.com sites are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. (Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards. As set forth in Simsbury.com's Terms and Conditions of use, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.)
If a Posting originates from you or your account, you hereby agree not to post any materials that (1) interfere with anyone else's use of the site; (2) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone's copyright, trademark or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this site or any subsite within the website.
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although Simsbury.com may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the site, Simsbury.com is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Simsbury.com may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate Simsbury.com's policies in any way. Further, Simsbury.com reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. Simsbury.com will fully cooperate with any law enforcement authorities or court order requesting or directing Simsbury.com to disclose the identity of anyone posting such materials.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the site (including, without limitation, Postings) violates any of the terms of this agreement, please send an e-mail to
to inform us about it. We will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. Simsbury.com reserves the right to terminate the account or suspend the posting privileges of anyone who violates these terms of usage.
This statement was last updated as of June 14, 2006.
