Terms of Use - WELSIM | Quantify the Uncertain

Please read these terms of use before using these Websites.

As of July 27, 2022

1. Acceptance of the Terms of Use.

1.1 WelSimulation LLC (“WelSim,” “we,” “us,” or “our”) makes available the following websites: welsim.com, and docs.welsim.com (together, the “Websites”). The following terms of use, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Websites, including any content, functionality and services offered on or through the Websites. By accessing, viewing, browsing, or otherwise using the Websites, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, in addition to our Privacy Policy. If you do not accept these Terms of Use or the Privacy Policy, you must not access, browse, or otherwise use the Websites.

1.2 From time to time, and at WelSim's sole discretion, we may revise these Terms of Use. Any changes to the Terms of Use will become effective at the time of posting, and your continued use of the Websites means you accept all the revisions and changes. You may access the updated copy of the Terms of Use by clicking on the Terms of Use tab on the Websites. You agree that if any change to these Terms of Use is not acceptable to you, your sole remedy is to cease accessing, viewing, browsing, and using the Websites.

2. Use of the Websites.

2.1 This Websites is not intended for children under thirteen (13) years of age. By accessing, viewing, browsing, or using the Websites, you represent and warrant that you (a) are at least thirteen (13) years of age or older; (b) are using the Websites only for your own personal use; and (c) are not barred to use the Websites under any applicable law. If you do not meet these requirements, you must not access, browse, or otherwise use the Websites.

2.2 The Websites contain material (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) owned in whole or in part by WelSim (the “Content”). The Content is protected by Intellectual Property laws of the United States and other foreign jurisdictions, as well as other federal and state laws. Any unauthorized use of the Content may result in violation of WelSim's copyright, trademark, or patent rights. You agree not to use, copy, or display the Content, except as permitted under these Terms of Use. No other use is permitted without WelSim's prior written consent. You must retain all proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, assign, license, sublicense, sell or modify the Content. You may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Do not use any of the Content on any of the Websites without the express written consent from WelSim, which must be obtained for each instance of use.

2.3 Your rights to access, download and/or use any WelSim products or services made available through the Websites will be subject to the terms of use identified on the Websites and/or in connection with such products and services applicable to each such product or service. By using such products or services, you agree to comply with those terms of use.

2.4 The trademarks, service marks, and logos of WelSim (the WelSim Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of WelSim. Other WelSim product and service names located on the Websites may be trademarks or service marks owned by third-parties (the “Third-Party Marks,” and, collectively with the WelSim Trademarks, the “Trademarks”). Nothing on the Websites or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Websites without the prior written consent of WelSim, or, where applicable to Third-Party Marks, without the prior written consent of respective third-parties, specific for each such use. The Trademarks may not be used to disparage WelSim or a third-party, WelSim's or third-party’s products or services, or in a manner that may damage the goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any Websites is prohibited without WelSim's prior written authorization. All goodwill generated from the use of any WelSim Trademarks shall inure to WelSim's benefit.

2.5 You agree not to: (a) take any action that imposes an unreasonable load on the Websites’ infrastructure; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Websites; (d) delete or alter any material posted on the Websites by WelSim or any other person or entity with WelSim's permission; or (e) frame or link to any of the materials or information available on the Websites.

2.6 The Websites contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. Because WelSim does not develop the content of such External Sites, WelSim is not responsible for the content of any linked External Sites. If you decide to access any External Sites, you do so at your own risk. Any questions or concerns about the content located on External Sites should be directed to the webmaster or administrator of such External Sites.

2.7 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Websites infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter notices with respect to the Websites should be sent to WelSim at:

By Mail:

By Email:

[email protected]

3. Limitation of Liability and Disclaimer of Warranties.

3.1 WELSIM, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE WELSIM PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE WELSIM PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITES AND THE CONTENT AT YOUR OWN RISK.

THE WELSIM PARTIES DO NOT WARRANT THAT THE WEBSITES WILL OPERATE ERROR FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO WELSIM PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

THE WEBSITES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE WELSIM PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

3.2 IN NO EVENT SHALL ANY WELSIM PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH WELSIM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY, AND THE LIABILITY OF ANY OTHER WELSIM PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.

3.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE WELSIM PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4. Indemnification.

You agree to defend, indemnify, and hold harmless the WelSim Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use or misuse of the Content or Websites. WelSim shall provide notice to you of any such claim, suit, or proceeding. WelSim reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting WelSim's defense of such matter.

5. Termination, Suspension and Restriction of Use.

5.1 WelSim reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Websites or the Content at any time and for any reason without prior notice or liability. WelSim reserves the right to change, suspend, or discontinue all or any part of the Websites or the Content at any time without prior notice or liability.

5.2 Sections 2, 3, 4, 5, and 8 shall survive the restriction, suspension or termination outlined in Section 5.1.

6. User Must Comply with Applicable Laws.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

7. U.S. Government Restricted Rights.

The Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 C.F.R. 52.227-19, and 48 C.F.R. 252.227-7013 et seq. or its successor. Use of the Websites or Content by the Government constitutes acknowledgement of our proprietary rights in the Websites and Content.

8. Miscellaneous.

These Terms of Use are governed by the internal substantive laws of the State of California, United States, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Santa Clara in the State of California. If any provision in these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions in these Terms of Use, which shall remain in full force and effect. Failure of WelSim to act on or enforce any provision in these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against WelSim unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by WelSim and you, these Terms of Use constitute the entire agreement between you and WelSim with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors and assigns. Any information submitted or provided by you to the Websites might be publicly accessible. Important and confidential information should be protected by you. WelSim is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.