Updated: March 27, 2023
These Terms apply to your use of https://www.simmsmanninstitute.org (the “Site”) which is owned and/or operated by or on behalf of the Simms/Mann Institute for Higher Education and
Community Development, Inc., the Simms/Mann Family Foundation, and the Simms Mann Institute Products LLC (collectively, with all of their subsidiaries and affiliates, “SMI,” “we”,
“us” or “our”).
When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization. You represent and warrant to us that you are authorized to bind your employer, if applicable, to these Terms.
- General. We appreciate your visit to our Site. We may, from time to time, in our sole discretion introduce new features to this Site, or modify or delete existing features, in our sole discretion. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification.
- Changes to Terms. SMI has the right in our sole discretion, at any time without prior notice, to modify these Terms with respect to your access to or use of the Site. Such modifications and additions shall be effective immediately upon posting the modified Terms to the Site, which
posting shall be deemed notice to you. If you disagree with the changes to these Terms, you should discontinue your use of the Site. Any access to or use of the Site after posting of modifications or additions to these Terms shall constitute and be deemed to be your agreement to such modified Terms. Therefore, you should frequently revisit this Site to determine the present terms and conditions to which you are legally bound. The most current version of the Terms will be available to you by clicking the link at the bottom of the Site.
- SMI Materials. All trademarks, service marks, trade names, trade dress and related intellectual property right (the “Marks”) displayed on the Site are proprietary to SMI or our licensors or licensees. You may not use, reproduce or display any of the Marks except upon SMI’s prior written consent. The Site and its entire contents, features, and functionality, including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, videos, and audio recordings, and the design, selection, and arrangement thereof (the “Content”) are owned, controlled, or licensed by SMI or its subsidiaries and affiliated entities and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable, non-sublicensable license to use the Site and the Content solely for your personal use. You may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the Content of the Site without the prior written consent of SMI, which consent may be withheld, conditioned or delayed in SMI’s sole discretion, except that you may print or download a copy of the Content solely for your own personal, non-commercial use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, Marks or any other proprietary notice or legend appearing on any of the Content. You acknowledge that you do not acquire any ownership rights by downloading or printing any Content or information from the Site. You are not permitted to use the information and Content on the Site except as expressly set forth herein. Any use of the information or Content provided on the Site that does not comport with these Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
- Respecting SMI’s Rights. You must respect SMI’s rights and adhere to these Terms and any other guidelines, support pages, or FAQ’s published by SMI on the Site. That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following:
- use branding, logos, icons, user interface elements, designs, photographs, videos, or any other Content or materials SMI makes available on the Site, except as explicitly allowed by these Terms;
- violate or infringe SMI’s or our affiliates’ copyrights, trademarks, or other intellectual property rights;
- copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Content on the Site, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Site’s intended functionality;
- use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information;
- use the Site in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden, or impair the functioning of the Site;
- upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Site;
- deface, shut down or otherwise damage the Site;
- attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Site and/or SMI’s servers, computer systems, and networks that you are not authorized to access;
- pretend to be someone else or to spoof someone else’s identity when using the Site;
- probe, scan, or test the vulnerability of our Site or any system or network;
- “mirror” any Content contained in the Site or any other server without SMI’s prior written permission;
- create a hyperlink to any page or portion of the Site or frame any page or portion of the Site without the prior written permission of SMI;
- violate any applicable law or regulation in connection with your access to or use of the Site; or
- access or use the Services in any way not expressly permitted by these Terms.
SMI has the right to modify, suspend or discontinue, temporarily or permanently, this Site and/or your right to access or use any portion of this Site, in SMI’s sole discretion, at any time and without prior notice, for any reason, including without limitation for failure to abide by these Terms or pursuant to requests by law enforcement or other government agencies.
- Digital Millennium Copyright Act Notice. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), under 17 U.S.C. §§ 512(b)–(d), any copyright holder may send us a valid notification of claimed copyright infringement under the DMCA if they believe that their work has been copied and has been posted, stored, or transmitted on the Site in a way that constitutes copyright infringement. Our designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is:
SIMMS/MANN INSTITUTE FOR EDUCATION AND COMMUNITY DEVELOPMENT
9320 Wilshire Blvd. Suite 300, Beverly Hills, CA 90212
Under DMCA subsection 512(c)(3), a notification of claimed copyright infringement must be provided in writing to the above-listed designated agent and must include substantially the following:
A. A physical or electronic signature of the owner of or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
C. 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.
D. A clear description of where the infringing material is located on our web site, including its URL, so that SMI can locate the material;
E. Information reasonably sufficient to permit us to contact the complaining party, including, an email address, telephone number, and, if available, an address at which the complaining party may be contacted.
F. 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.
G. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is the owner of or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of appropriate written notification from the complaining party, as described above, we will remove or disable access to the material that is claimed to be infringing. In addition, for notifications provided under DMCA subsection 512(c)(1)(C), we will take reasonable steps to forward the written notification to the alleged infringer.
Under federal law, you may be subject to severe civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties include court costs and monetary damages, as well as attorneys’ fees. Such attorneys’ fees include those incurred by parties who are injured as a result of SMI relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner’s licensee, or (c) us.
7. Indemnification. You agree to defend, indemnify, save and hold harmless SMI, its respective directors, members, shareholders, officers, employees, agents, subsidiaries and affiliated entities from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms.
8. DISCLAIMER OF WARRANTY. YOU USE THE SITE AND THE INFORMATION AND CONTENT OFFERED ON THE SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT OFFERED THROUGH THE SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION AND CONTENT OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Without limiting the above disclaimers, SMI and its respective directors, members, shareholders, officers, employees, agents, subsidiaries and affiliated entities make no warranties or representations whatsoever about the Site’s accuracy, relevance, timeliness or completeness, and do not warrant that the Site and Content will meet your requirements in any respect, operate securely or be available at all times, or that the operation of the Site will be uninterrupted or error-free, or that defects or errors in the Site and Content can or will be corrected, or that this Site is, or the information or Content on this Site from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components.
9. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT SMI AND ITS RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATED ENTITIES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE OR ANY CONTENT OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE. IN NO EVENT WILL SMI OR ITS RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATED ENTITIES BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE THE SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF SMI OR ITS RESPECTIVE DIRECTORS, MEMBERS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATED ENTITIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST SMI IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. The above limitations of liability reflect the allocation of risk between you and SMI, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of SMI and all of its subsidiaries and affiliated entities.
11. Choice of Law/Arbitration. Except to the extent they are preempted by U.S. federal law, the laws of California, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. By using this Site, you agree to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth herein. The arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
12. Severability. If any part of these Terms is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
13. Waiver. Failure by SMI to enforce any right or provision of these Terms or otherwise prosecute any right with respect to a default hereunder will not constitute a waiver by SMI of the right to enforce rights with respect to the same or any other breach.