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Privacy Statement and Terms and Conditions of Use

THE TERMS AND CONDITIONS SET FORTH BELOW SUPPLEMENT AND MODIFY ANY OTHER TERMS AND CONDITIONS OF ANY Simalytic Solutions, LLC WEB SITE WITH RESPECT TO THE USE OF Simalytic Solutions, LLC SERVICES, INCLUDING THE RTPSM and THE RTP-BuilderSM SERVICES. Simalytic Solutions, LLC SERVICES ARE OPERATED SEPARATELY FROM ALL OTHER Simalytic Solutions, LLC SITES AND HAVE DIFFERENT INFORMATION COLLECTION AND USE PRACTICES. YOUR USE OF ANY Simalytic Solutions, LLC SERVICE IS CONDITIONED UPON YOUR AGREEMENT TO BE BOUND BY Simalytic Solutions, LLC TERMS AND CONDITIONS AS MODIFIED BY THESE SUPPLEMENTAL TERMS AND CONDITIONS.

All results produced by any Simalytic Service or any Simalytic Solutions, LLC activity are supplied ASIS and the user of such results (including, but not limited to, measurements, forecasts, projections, predictions, advice or recommendations) agree to use such results at their our risk. The nature of the analysis provided by any Simalytic Service or any Simalytic Solutions, LLC activity include uncertainty in all input data which causes uncertainty in the results.
ALL USERS OF THESE RESULTS AGREE THAT THIS IS ACCEPTABLE AND THAT THEY ACCEPT TOTAL RESPONSIBILITY FOR DETERMINING THE ACCURACY AND USABILITY OF THE RESULTS.

You should read any Simalytic Solutions, LLC Terms and Conditions (the "Terms and Conditions") and these supplemental terms and conditions (these "Supplemental Terms and Conditions") carefully. By using a Simalytic Solutions, LLC Service, such as the RTP-BuilderSM Service, you affirmatively agree to abide by the Terms and Conditions as modified by these Supplemental Terms and Conditions with respect to all Simalytic Solutions, LLC Services. As used below, the terms "You" and "User" mean any Simalytic Solutions, LLC subscriber who activates an account to use any Simalytic Solutions, LLC Service.

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  • Privacy:
    • Types of Information Collected:
      In connection with your use of a Simalytic Solutions, LLC Service, such as the RTPSM Service, we ask for and may collect information from and about you and your company in different ways and at different points in the service. Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you).
      • First, in order to use a Simalytic Solutions, LLC Service, you must have an Simalytic Solutions, LLC subscription account, at which time we will collect certain personally identifiable information, including the company name, primary contact name, title, address (physical and email) and telephone number.
      • Second, when using Simalytic Solutions, LLC Service, such as the RTPSM Service, you will be asked to provide specific individual information, such as each time a new RTPSM is created.
    • Use of Information:
      No information provided in connection with creating a Simalytic Solutions, LLC subscription account or in connection with using a Simalytic Solutions, LLC Service, such as the RTPSM Service, will be give to any third-party unless required by law. Simalytic Solutions, LLC will use the information to provide product update information, resolve account issues or for security verification procedures.
    • Ownership and Use of Content:
      Simalytic Solutions, LLC or its licensors own exclusively all content on this Simalytic ServicesSM site including, but not limited to, graphics, logos, text, data, downloadable software, page layout and look and feel of the Simalytic Solutions, LLC or Simalytic ServicesSM web pages (the "Content"). The Content is protected under U.S. and international copyright laws. Except for the license granted herein, your use of any Simalytic Solutions, LLC Service gives you no rights in the Simalytic Solutions, LLC’s or its licensors’ copyrights, trademarks, trade secrets or any other intellectual property rights.

      Simalytic Solutions, LLC grants to you a personal, non-transferable and non-exclusive right to access and use the Content solely for your company's use in connection with analysis decisions that directly affect your company and in accordance with the Terms and Conditions and these Supplemental Terms and Conditions. No portion of the Content may be, disclosed to, or modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity.

      You agree not to incorporate the Content into another database, search engine or networked computer environment of any kind. You may not access the Content by means of any automated processes, spiders, bots or similar devices or interfere or attempt to interfere with the proper operation of any Simalytic Solutions, LLC Service. You agree not to modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from, any software accessible or available through any Simalytic Solutions, LLC Service, or sell, assign, sub-license or otherwise transfer any right in such software.

      Simalytic Solutions, LLC will terminate the accounts of any users, and block access to the Simalytic Solutions, LLC RTPSM Service of any users, who are infringers of the copyrights, or other intellectual property rights, of Simalytic Solutions, LLC and others. Simalytic Solutions, LLC reserves the right to take these actions at any time, in its sole discretions, with or without notice, and without any liability to the user or company whose account is terminated or to the user or company whose access is denied.

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  • Trademarks:
    Simalytic, Simalytic Service, Simalytic Modeling, Simalytic Modeling Technique, Simalytic Business Modeling, Simalytic Function, The Response Time Pipe, RTP, RTP-Builder, Business Technology Planning, and BTP are trademarks or service marks of Simalytic Solutions, LLC. Simalytic Solutions, LLC does not grant to you any rights under the Terms and Conditions or these Supplemental Terms and Conditions with respect to these trademarks or any other trademarks or service marks of Simalytic Solutions, LLC.
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  • Indemnification:
    You agree to promptly indemnify Simalytic Solutions, LLC and its officers, directors, employees, members, agents and affiliates ("Associates") for all damages, liabilities, costs, charges and expenses, including reasonable legal and accounting fees ("Costs"), that Simalytic Solutions, LLC or its Associates incur as a result of your breach of the Terms and Conditions, these Supplemental Terms and Conditions or any Costs relating to the Content or in any way relating to your conduct with any other user of Simalytic Solutions, LLC Services. Simalytic Solutions, LLC shall provide to you timely notice of any claim, suit or proceeding which could give rise to an indemnification obligation hereunder.
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  • Disclaimers:
    IN ADDITION TO THE OTHER PROVISIONS OF THE TERMS AND CONDITIONS FOR THE SITE, ALL DISCLAIMERS BY Simalytic Solutions, LLC SET FORTH IN THE TERMS AND CONDITIONS APPLY TO YOUR USE OF ALL Simalytic Solutions, LLC SERVICES.
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  • Termination:
    These Supplemental Terms and Conditions are effective until terminated by either Simalytic Solutions, LLC or you. If you no longer agree to be bound by these Supplemental Terms and Conditions, you must cease your use of all Simalytic Solutions, LLC Services and notify Simalytic Solutions, LLC, in writing, to deactivate all subscription accounts. Subject to applicable law, Simalytic Solutions, LLC reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of any Simalytic Solutions, LLC Service with or without notice. You agree that any termination of your access to a Simalytic Solutions, LLC Service may be effected without prior notice, and acknowledge and agree that Simalytic Solutions, LLC may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or any Simalytic Solutions, LLC Service. Further, you agree that Simalytic Solutions, LLC shall not be liable to you or any third party for any termination of your access, or your company's access, to any Simalytic Solutions, LLC Service.

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    Simalytic® is a registered Trademark and a registered Service Mark of Tim R. Norton.
    Simalytic Modeling™, Simalytic Modeling Technique™, Simalytic Business Modeling ™, and Simalytic Function™ are trademarks of Simalytic Solutions, LLC.
    SimalyticSM, Simalytic ServicesSM, The Response Time PipeSM, and Business Technology PlanningSM are servicemarks of Simalytic Solutions, LLC.
    All other trademarked names and terms are the property of their respective owners.


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