Terms and Conditions

THIS IS IMPORTANT — PLEASE READ

STRATEGIC INTERNET MARKETING CORP (“THE COMPANY”) REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS TO SIMCCORP.COM, WWW.SIMCCORP.COM, STRATEGICIMCORP.COM OR WWW.STRATEGICIMCORP.COM (“THE WEBSITE”).

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THE WEBSITE ARE REQUIRED CONSIDERATIONS FOR COMPANY SERVICES AND THE COMPANY GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH THE WEBSITE.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE OR COMPANY SERVICES UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

BY VIEWING, VISITING, USING, OR INTERACTING WITH THE WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THE WEBSITE.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THE WEBSITE.  IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THE WEBSITE OR ITS CONTENTS IN ANY MANNER.  THIS COMPANY SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

THE COMPANY RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON.  UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE COMPANY IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME.  VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THE WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.

DEFINITIONS:

SIMC Corp, and its owners, employees, and/or operators hereinafter “Company”.

Customer, Client, Visitor, Viewer, User, Subscriber, Member, Affiliate, Buyer, or Purchaser of products and/or services (with or without cost), hereinafter “Client”.

PARTIES TO THE TERMS OF USE AGREEMENT 

The Company and Client are parties to this agreement not only by passive acceptance but by virtue of the Purchase Agreement contract.

USE OF INFORMATION FROM THE WEBSITE 

Unless you have entered into an express written contract with the Company to the contrary, Visitors have no right to use information obtained in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of The Website.  By viewing the contents of The Website you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.  Again, Visitors have no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever.  Nothing.  Visitors agree to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision.  Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THE WEBSITE

The website and its contents are owned or licensed by The Company.  Material contained on the website must be presumed to be proprietary and copyrighted.  Visitors have no rights whatsoever in the site content.  Use of website content for any reason is unlawful unless it is done with express contract or permission of The Company.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by The Company, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason.  Further, you are not allowed to reference the URL (website address) of The Website in any commercial or non-commercial media without express permission, nor are you allowed to ‘iframe’ the site.  You specifically agree to cooperate with The Company to remove or de-activate any such activities and be liable for all damages.  You hereby agree to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE 

The website disclaims any responsibility for the accuracy of the content of The Website. Visitors assume the all risk of viewing, reading, using, or relying upon this information.  Unless you have otherwise formed an express contract to the contrary with The Company, you have no right to rely on any information contained herein as accurate.  The Company makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH The Website OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS. 

The Company assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer.  Again, Visitors that view and interact with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitors download information from this site at this own risk.  The Company makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with The Website, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitors forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

GUARANTEE AND WARRANTY 

Products and services are sold ‘as is’ without warranty or guarantee of any kind, either express or implied, including no warranty as to merchantability or fitness for a particular purpose.  The Company warrants and guarantees absolutely nothing.  There is no ‘warranty period’.

CANCELLATIONS AND REFUNDS

All Website Design, Social Networking, and Search Engine Optimization Services require 50% of the estimated project cost in advance and the balance upon acceptance of product but prior to uploading to your server. For all services less than $5,000, we require 100% payment before services can commence. The 50% balance payment for services over $5,000 is due not later than 10 days after project completion. After 30 days of payment delinquency, your project may be deleted, you will be considered in default of contract and you agree that no refund will be issued.

Cancellation of monthly services requires a 30-day notice. Such 30-day notice must be sent to support on or before the client’s billing date for that month. Cancellation notices received after the client’s billing date will effectively cancel service 30 days following the next upcoming billing date. Cancellation without a 30-day notice incurs a cancellation fee equal to two months of service which is due and payable immediately upon cancellation of service.

There are NO REFUNDS. Deposits are non-refundable. Monthly service fees are non-refundable. Monthly membership fees are non-refundable. ALL Boot Camps and/or e-courses are non-refundable. All downloadable products are non-refundable. If a product or service is not specifically mentioned in these terms and conditions, the product or service is non-refundable.

NO CANCELLATIONS on physical products. Once a product order is placed and payment or deposit is received, there will be no refunds or cancellations.

Customer expressly agrees to waive his/her right to chargeback. If a client initiates a chargeback on any amount owed Company, all accounts, services, and orders will be immediately canceled with no refund due Client. Cooperation with the Client will then cease in favor of cooperation with the chargeback investigation. In the case of a chargeback resolved in Company’s favor, Company has the right to charge the client for any processing fees imposed by payment processors in addition to full restitution for expenses incurred in successfully defending the chargeback. These fees and costs are immediately due and payable by the client at the time of chargeback resolution. If not paid within 15 days of demand, the account will be subject to third party collection activity and an additional $150 third-party collection fee.

If the Client is purchasing, through this site, a product, including membership, that is to be provided by a third-party, the Client must look to the third party for additional warranties or guarantees, and understands that the warranties available through this site, if any are offered or construed, are extremely limited, restrictive, and short. There are no cancellations or refunds for third-party products or services whatsoever.

LATE FEES AND PAYMENT DECLINED FEES

All payments are due on the 1st, 10th, or 20th of each month as established at the commencement of services. Customers must maintain a payment method for automatic payment to avoid a monthly $5 manual billing fee. Any payment declined or reversed for any reason, including but not limited to NSF (non-sufficient funds), will incur an additional $25 NSF fee per payment decline. NSF fees will not exceed $75 in any one month period. All payments not paid by the payment due date will incur a late fee of $25. Late fees and NSF fees combined will not exceed $100 for any one month period. Any account that becomes 2 months overdue will be canceled for non-payment and referred to a third-party collection agency with a total balance of two months fees plus NSF fees, late fees, cancellation fees, and an additional $150 third-party referral collection fee.

INDEMNIFICATION

Visitor agrees that in the event he causes damage, which the Company is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Company for all.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission.  All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind.  Visitor agrees to only communicate that information to The Company, which it wishes to forever allow The Company to use in any manner as it sees fit.  “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the Website.

DISPUTES

As part of the consideration that The Company requires for viewing, using or interacting with The Website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the International Centre for Dispute Resolution (ICDR).  Information about the International Centre for Dispute Resolution (ICDR).  Hearing will take place in the city or county of Company

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial.  Client will not have the right to engage in pre-trial discovery except as provided in the rules; Client will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.

Company reserves its right to file a civil suit in Indian River County Small Claims court for amounts owed less than $5,000. The prevailing party shall be reimbursed by the other party for any and all costs associated with the civil suit, including attorney fees, collection fees, investigation fees, and travel expenses.

JURISDICTION AND VENUE 

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Client agrees to that the sole and proper jurisdiction to be Indian River County Florida. In the event that litigation is in a federal court, the proper court shall be the closest federal court to Vero Beach, Indian River County Florida.

APPLICABLE LAW 

Client agrees that the applicable law to be applied shall, in all cases, be that of the state of Florida and the County of Indian River.

LATEST UPDATE

These Terms and Conditions of Service were last updated on: 04/01/2017. These Terms and Conditions may be changed from time to time with no notice. It is the customer’s responsibility to review these Terms and Conditions for changes upon every use of the website. Use of The Website or Company services constitutes acceptance of these changes.

CONTACT INFORMATION

If there are any questions regarding these policies you may contact us using the information below.
SIMC Corp
2040 Old Dixie Hwy SE Ste 1
Vero Beach, FL 32962
support [@] strategicimcorp.com
USA

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