Sitesimon Website Terms of Service as of September 27, 2011.

SITESIMON INC. TERMS OF SERVICE

Sitesimon Website Terms of Service as of January 13, 2012

The following Terms of Service (“Terms”) is a legal agreement (“Agreement”) between you and Sitesimon, Inc. (“Sitesimon”, “Us”, or “Our”) that governs your use of www.sitesimon.com (the “Sitesimon Site” or the “Site”) and our products and services. By accessing the Site, or by using any products or services provided by Sitesimon, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Sitesimon Site and Our products and services. These Terms apply only to your use of the Sitesimon Site and the products and services we provide.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THE SITESIMON SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ACCESSING THE SITESIMON SITE ON BEHALF OF AN ENTITY OR BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR BUSINESS TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

Note: This Agreement is subject to change by Sitesimon, in its sole discretion, at any time, with or without notice. Your continued use of the Site after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the date posted at the top of this Agreement to determine when the Agreement was last revised. The current version will always be available on the Sitesimon Site.

Services
Privacy
Eligibility
Becoming a Sitesimon User
Content
General Rules of Conduct
Disclaimer
Limitation of Liability
Indemnification
Termination
Notice and Electronic Communications
Digital Millennium Copyright Act Notice
Miscellaneous Terms and Dispute Resolution
Feedback and Questions

Services

Sitesimon is an internet browser add-on and website that enables those utilizing Sitesimon (the “User” or “Users”) to receive and share individually tailored, continually updated, content recommendations (collectively, “Services”). The recommendations are based on Our private analysis of a User’s browsing history and online activity. Users may also engage in other interactive and social functions by allowing Sitesimon to interface with a User’s Twitter and/or Facebook account.

Privacy

Your privacy matters greatly to Us. For important disclosures regarding our collection and use of your information, you should visit Our Privacy Policy. We encourage you to read the Privacy Policy and to use it to help make informed decisions regarding your use of Our Site. Please feel free to email contact@Sitesimon.com with any questions or concerns regarding Our privacy and data security practices.

Eligibility

Minimum Age. You must be at least 13 years old to use the Sitesimon Site. By using and/or providing information to the Sitesimon Site, you represent and warrant that you are at least 13 years old.

Geographic Restrictions. By requesting to use, registering to use, and/or using the Site, you represent and warrant that you reside in the United States.

Becoming a Sitesimon User

You must create an account before you can obtain Sitesimon Services. By creating an account and using our Services, you consent to this Agreement and Our Privacy Policy, both of which govern your use of the Sitesimon Site and our Services. During the registration process, you will be required to provide certain information, including, but not limited to, your name, email address, username, and a password. You may also choose to provide Sitesimon with access to certain information via your Facebook and Twitter accounts (See Privacy Policy link).

Users agree to provide accurate, current, and complete information during the registration process, and to update such information if and when that information becomes inaccurate. Sitesimon reserves the right to suspend or terminate your Account if any information provided during the registration process, or thereafter, proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Sitesimon of any unauthorized use of your Account.

Content

The Sitesimon Site and Services include content provided by Sitesimon (“Sitesimon Content”) and content that is submitted or otherwise transmitted by users of the Sitesimon Site and/or Services (“User Content”).

Sitesimon Content: All Sitesimon Content is owned by or licensed to Sitesimon and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Sitesimon Content is provided to you AS IS 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 Site Simon. Sitesimon reserves all other rights in the Sitesimon Content that are not expressly granted in the Terms. Users agree not to engage in the use, copying, or distribution of any of the Sitesimon Content, other than as is expressly permitted herein. You may download or print Sitesimon Content solely for your own personal use, but you must otherwise respect all copyright and any other proprietary rights contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the Sitesimon Site or features that prevent or restrict use or copying of any Sitesimon Content or enforce limitations on use of the Sitesimon Site or Sitesimon Content.

User Content: You retain all rights in any User Content that you provide to the Sitesimon Site. You are solely responsible for your User Content and the consequences of providing it. Users grant Sitesimon a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform, transmit and access your User Content in connection with the operation of Sitesimon. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions and releases to grant the foregoing licenses. For the sake of clarity, Sitesimon shall in no case be held liable for content published by its users. Sitesimon reserves the right to remove any User Content that Sitesimon, in its sole discretion, deems inappropriate.

Links: Our Site and Services contain links to third party sites. Despite our intent to provide the best possible experience for our users, Sitesimon is not responsible for the content of any links provided. Sitesimon cannot check the content of all links, which may be inaccurate, inappropriate, offensive, sexually explicit, or otherwise objectionable. Sitesimon has no control over such content and assumes no responsibility or liability for the same. Sitesimon is not responsible for the privacy policies and/or practices on other sites, including those sites to which it links. Users are urged to read the privacy policy presented on any site that they choose to visit.

Disclaimer: Unless clearly specified, Sitesimon does not endorse any User or Sitesimon Content or link, or any opinion, recommendation, or advice expressed in any User or Sitesimon Content or link. Your use of, and reliance on, any User or Sitesimon Content or link is at your own risk.

General Rules of Conduct

The Sitesimon Site may only be used for lawful purposes. In connection with Users’ use of the Site, Users agree to abide by all applicable local, state, national and foreign laws and treaties and regulations. Users agree not to:

Conduct or promote any illegal activities while using the Sitesimon Site
Upload, distribute, post, transmit or otherwise make available, including through the Sitesimon Site, any User Content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
Circumvent, disable or otherwise interfere with security related features of the Sitesimon Site or features that prevent or restrict use or copying of any content
Modify, change or alter in any way, the proprietary content of a third party using the Sitesimon Site or Sitesimon Services
Attempt to gain access to secured portions of the Sitesimon Site or Sitesimon Services to which you do not possess access rights
Load or transmit any form of virus, worm, Trojan horse, or other malicious code
Use the Sitesimon Site in any manner which interferes with the performance or functionality of the Sitesimon Site or Sitesimon Services.
Tamper with, interfere with or disrupt,or attempt to tamper with, interfere with or disrupt, the availability of any aspect of the Sitesimon Site, any servers or networks connected to the Sitesimon Site, or the technical delivery systems of Sitesimon
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sitesimon Site or Services
Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud while using the Sitesimon Site
Mirror or frame the Site or any portion of the Sitesimon Site, place pop-up windows over its pages, or otherwise affect the display of its pages

Disclaimer

THE SITESIMON SITE AND ALL SITESIMON SERVICES AND CONTENT MADE AVAILABLE THROUGH THE SITESIMON SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND. SITESIMON EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITESIMON SITE, SITESIMON SERVICES, USER CONTENT AND SITESIMON CONTENT, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ADDITION, SITESIMON, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITESIMON SITE OR SITESIMON SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT SITESIMON IS ONLY WILLING TO PROVIDE ACCESS TO THE SITE, AND TO PROVIDE THE SERVICES, IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL SITESIMON, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR LIKE DAMAGES, INCLUDING, LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SITESIMON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SITESIMON'S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE AMOUNTS PAID BY YOU FOR YOUR ACCOUNT. SITESIMON WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY ERRORS OR ANY SCHEDULED OR UNSCHEDULED SERVICE INTERRUPTIONS RELATING TO THE SITESIMON SITE.

Indemnification

You agree to defend, indemnify and hold Sitesimon, its affiliates, and their respective officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Sitesimon Site, Sitesimon Services, misuses of Sitesimon Content and/or User Content; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that your User Content caused damage to a third party, including, without limitation, claims that your User Content is infringing.

Termination

To terminate your account with Sitesimon, go to the Settings page and choose Cancel Account. You will be asked if you are sure you wish to cancel your account. If you are sure you want to terminate, click Yes to delete the record of your account. Previously generated user recommendations and atomic feed information may remain on our servers, but Sitesimon will not associate it with the original user. Termination is your sole right and exclusive remedy if you are not satisfied with the Sitesimon Site or any of our products and/or Services.

You acknowledge and agree that Sitesimon, at our sole discretion, for any reason and at any time, may terminate your use of the Sitesimon Site, products, and/or Services without first notifying you. Such termination will not limit any other rights or remedies which are available to us. You agree that we shall not be liable to you or any third party for termination of your access to the Sitesimon Site, products, and/or Services.

Notice and Electronic Communications

Sitesimon may provide you with notice of a violation of this Agreement by email, by posting on the Sitesimon Site, or by other reasonable means chosen in Our sole discretion. Users agree to report any Sitesimon violation of this Agreement to Sitesimon via an email to: contact@Sitesimon.com.

You (i) consent to receive communications from Sitesimon in an electronic form and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications ("Communications") that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. Please keep us informed of any changes in your email so that you continue to receive all Communications without interruption.

Digital Millennium Copyright Act Notice

Users may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary or intellectual property rights. It is the policy of Sitesimon to terminate all privileges of any user who repeatedly infringes the copyright of others upon receipt of prompt notification to Sitesimon by the copyright owner or the copyright owner's legal agent.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Sitesimon Site or is being used in Sitesimon Services in a manner that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sitesimon Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Sitesimon’s designated copyright agent for notice of claims of copyright infringement on the Sitesimon Site can be reached by email at contact@Sitesimon.com or by mail at:

Demetri Karagas

DMCA Claims

Sitesimon, Inc.,

15 East 30th Street Apt 200

New York, New York 10016

361-563-4978

Please note that, pursuant to 17 U.S.C. 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by Sitesimon in connection with the written notification and allegation of copyright infringement.

Miscellaneous Terms and Dispute Resolution

You are responsible for compliance with all applicable laws. This Agreement and the relationship between you and Sitesimon, Inc. will be governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. Any legal action, suit or proceeding arising out of or relating to this Agreement, or your use of the Sitesimon Site or Sitesimon Services must be commenced exclusively in the federal or state courts located in New York County, New York and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. You acknowledge that we have the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in this Agreement, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Sitesimon with respect to the Sitesimon Service and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and Sitesimon with respect to the Sitesimon Service.

You agree that: (i) the Site shall be deemed solely based in New York; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Sitesimon, either specific or general, in jurisdictions other than New York. If a dispute arises under or relating to this Agreement, the parties agree to promptly notify each other of the dispute and work in good faith to attempt to resolve it. If they are unable to resolve the dispute, either party shall commence binding arbitration before the American Arbitration Association under the Rules of Commercial Arbitration, before a panel of three arbitrators in New York. The Agreement shall be governed by the laws of the State of New York without regard to its conflicts of laws provisions.

Feedback and Questions

We welcome and encourage you to provide comments and suggestions for improvements to the Sitesimon Site. You may submit Feedback by emailing us at: contact@Sitesimon.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Sitesimon. If you have questions regarding any aspect of the Sitesimon Site or these Terms of Service, please contact: contact@Sitesimon.com.