XMLforAnalysis.com (the “Site”) is maintained by Simba Technologies Inc. (the “Company”) with offices located at 938 West 8th Avenue, Vancouver, BC Canada, V5Z 1E5.
By using and accessing the Site in any manner, you expressly acknowledge that you have read, understood and agreed to the following Terms of Use (the “Terms”). If you do not agree with these Terms, do not use or access the Site.
The Company reserves right to revise these Terms as its discretion. Notification of such revisions shall solely entail posting of the revisions here. By continuing to use/access the Site subsequent to the revisions, you accept that you have read, understood and agreed to the revision of the Terms. If you do not agree with the revised Terms, do not use or access the Site.
Violations
If you believe that any content on the Site violates these Terms, please notify the Company by sending an email to: solutions at simba.com. The Company does not guarantee that any action will be taken as a result of your email.
Site Usage and Content
Content on the Site is offered for general information and discussion purposes and may be used for informational and personal or non-commercial use. Some of the content is unmoderated on the Site and reflects the personal opinions of the posters. You should be sceptical about any information on the Site because the information may be offensive, harmful, and/or wrong.
By posting to or otherwise engaging in any communication within the Site, you are granting the Company (or any of its assignees) a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, and create derivative works from any such information. The Company may also edit, refuse to post, or remove any posting at its sole discretion. The Company reserves the right to restrict access by any users whom it believes, in its sole discretion, are engaged in inappropriate, unprofessional, or unlawful conduct.
Links to other Web Sites
The Site includes links to other web sites that are not owned or under the control of the Company. By clicking on any such third-party link, you acknowledge that you are leaving the Site and that you wish to view the content at the third-party web site. You acknowledge and agree that clicking on any third-party link is entirely at your own risk. Any third-party link and/or its associated information posted on the Site is in no way an endorsement of any content, product or service. You acknowledge that determining the accuracy or suitability of any content, product or service is entirely your responsibility. These Terms apply to the Site only. Usage and/or access to any third-party web site linked within the Site will be subject to the terms and conditions of such third-party web site.
Disclaimer of Warranties
You acknowledge and agree that usage of and access to the Site is entirely at your own risk. The Site is provided ‘as-is’ without warranty (either express or implied), including any express or implied warranty or condition of merchantability or fitness for a particular purpose. The Company makes no representation, warranties, guarantees, and/or conditions: as to the accuracy, reliability, quality, relevancy, and/or timeliness of any content on the Site; that the Site will be completely operational and/or error-free; that any error(s) in the Site will be corrected; that the Site will be free from including, but not limited to, viruses, hackers and/or any other malicious security threats; and, that any communication between you and the Site will be secure.
You assume full risk of any damage or loss of information and data to your computer system that results from accessing the Site and the content, including, but not limited to, those from viruses, worms and/or other malicious security threats.
Limitation of Liability
To the full extent permitted by law, the Company is not liable for any direct, indirect, punitive, special, incidental, consequential or exemplary damages resulting from loss or damages relating, but not limited, to any of the following: lost business; lost savings; lost data; lost profits; breach of contract, including fundamental breach (regardless of the cause); and, tort (including negligence).
Indemnification
You agree to fully indemnify and defend the Company from and/or against any/all claims, demands, liabilities, costs or expenses whatsoever, including, but not limited to, legal fees and disbursements resulting directly or indirectly from: your breach of any of the Terms; your access and use of the Site; your placement of any content onto the Site; your connection to the Site; or, your breach or violation of any rights of another.
Trademarks
Simba, the Simba logo, SimbaEngine, SimbaEngine C/S, SimbaExpress and SimbaLib are registered trademarks of the Company. All other trademarks and/or servicemarks are the property of their respective owners.
Jurisdiction and Severability
These Terms shall be governed and construed in accordance with the laws of the Province of British Columbia. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If any provision or portion of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision or portion will be severed from the Terms, and the remainder of the Terms shall remain in full force and effect.
