Terms of Use

Last Updated: July 31, 2014

THIS IS A LEGALLY BINDING CONTRACT. PLEASE REVIEW IT CAREFULLY.

By using the Stratasim.com web site (“stratasim.com”), or by downloading any software made available through Stratasim.com (the “Software”), you are agreeing with Zeus Learning Ltd. (the “Company”, “we” or “us”) to be bound by the following terms of use which address license and other terms for Stratsim.com and the Software (“Terms of Use”). The term “Service” includes Stratsim.com and the Software. You may not use the Service if you do not agree to these Terms of Use. The term “Simulation” refers to one or more high-fidelity applications that mimic the look and feel of Microsoft Excel and Word 2013.

The Company reserves the right to update and change the Terms of Use from time to time, and will notify you at your next log-in if it believes the changes are material in nature. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Use at any time by clicking here.

1.

Description of the Service and Types of Users

 

1.1

Stratsim.com is a cloud based software service that can be utilised by Users to gain familiarity with Microsoft Excel 2013 Office and Microsoft Word 2013 Office. This is done via a web based simulation of Microsoft Office Excel and Word (“Application”). The software exposes a wide variety of topics at different levels of complexity within each application, and guides the user audibly and visually through each task till the user has mastered it. The user is then provided with a series of tests to gauge his/her progress. Users are free to learn at their own pace, at any time of their choosing.

The software is available for a free 14 day trial by any user. Users do not need to enter their credit card details to access the software. Only a limited set of content will be available to trial users. Trial users can upgrade to fully-paid-up users (“Subscribers”) at any time during the subscription period. When the trial expires, the user must convert to a subscription model to gain access to the rest of the product.

Fully-paid-up users are those that have either purchased one or both versions of the simulations either for a period of one month or six months. At the end of the subscription period, or at a time close to the end of the subscription period, users will be expected to renew their subscription to retain access to the software. Failure to renew the subscription will result in the user being locked out of the product till a subscription is purchased.

 

1.2

The Service is intended for use by people (“Users”) that seek an economical, comprehensive, high-fidelity, web-based environment for mastering Microsoft Excel and Word. The software does not require users to possess an actual copy of Microsoft Word.

 

1.3

The term “Users” includes both trial users and subscribers.

 

1.4

Governmental entities or agencies with separate laws or regulations that may override these Terms of Use must contact us using this form about applicable Terms of Service before using the Service.

 

1.5

Only an English language version of the Service is currently supported.

2.

Age Requirements

 

2.1

Both trial users and subscribers must attain the age of majority in their country of residence (e.g. 18 years in the USA) and possess a valid credit card. Minors may only avail access to the software after receiving express consent from a Parent or Legal Guardian. The credit card used to purchase access to the software for minors must be registered under the name of the Parent or Legal Guardian.

 

2.2

As a Parent or Legal Guardians of a user, you hereby agree to indemnify, defend and hold harmless the Company against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your violation of any provision, representation or warranty this Section; (b) the use of the Services by the minor:

 

2.3

Personal Identifiable Information from minors. Please see our Privacy Policy for information about what information is collected from Users, and how to notify us if you are a parent or guardian and believe that your child has provided other personally identifiable information through the Service or has been registered as a User without your consent.

3.

Rules for Online Conduct

 

3.1

You agree that you are responsible for your own use of the Service and for all Content and Submissions (as such terms are defined below) that you provide to the Service.

 

3.2

You agree that you will use the Service in compliance with these Terms of Use, and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, United States, and European Union export control laws.

 

3.3

As a condition of your use of the Service, you agree that you will not use the Service in any manner intended to damage, disable, overburden or impair any computer server or the network(s) connected to any Company server or to interfere with any other party's use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to any Company server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Service, its servers or associated computers through any means not intentionally made available through the Service. You will not attempt to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or the Company. You will not attempt to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company. You agree not to scrape, or otherwise download in bulk, any content from the Service, including but not limited to a list or directory of users on the system, on-line Content, Submissions or user information.

 

3.4

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You must not knowingly allow others to use your account or password.

 

3.5

The following items are strictly prohibited on the Service:

  • Content that defames, harasses or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
  • Profane, pornographic, obscene, indecent or unlawful content;
  • Advertising or any form of commercial solicitation, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation;
  • Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property;
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
 

3.6

You agree not to misrepresent or attempt to misrepresent your identity while using the Service (although you are welcome to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).

4.

Transfer of your Data to third-party applications

 

4.1

Stratasim.com may provide the ability for the application to post Data on your behalf to external applications like Facebook, Google+ amongst others. Utilisation of this functionality is entirely optional and is up to the discretion of the User.

 

4.2

The term "Data" refers to your personal progress, awards and scores within the application. Personal information such as your credit card number, address details, date of birth, and so on will not be made available at any time to external applications.

 

4.3

You must explicitly authorise stratasim.com to post updates on your behalf to external applications. This usually needs to be done once for each external application.

 

4.4

The application's ability to post data to external applications can be revoked from the profile page after you log in.

 

4.5

By permitting stratasim.com to post on your behalf, you explicitly agree to the terms of use of each external application, including, but not limited to Facebook.com and Google+. The Terms of Use of these external applications can be usually found on the respective application’s website.

 

4.6

Posts made by stratasim.com on your behalf to external applications cannot be automatically deleted by this Service.

 

4.7

Posts published by external applications that originate from stratasim.com may have data (such as your social-media username) appended to each post. These additions cannot be controlled by stratasim.com

5.

Ownership of the Service; Software Included in the Service; Use of Third Party Functionality

 

5.1

The Service, and all software and other technology used in providing the Service, is owned in all respects by the Company and its licensors, and may be used solely for the limited purpose of using the functionality of the Service in the manner permitted by these Terms of Use. Accordingly, you are hereby granted a limited, personal, revocable, non-assignable, non-sublicensable, non-transferrable and non-exclusive license to use the Services, and to install and use the Software, for the limited purpose of using the Services in accordance with your Account subscription and this agreement during the term of such subscription. User shall not attempt, nor permit any other party to attempt, to reverse engineer, copy, modify, distribute, sell or use the Service, or the underlying technology, in any manner other than as expressly permitted hereunder. You shall not remove or alter any Company or third-party copyright notices in the Service and included software.

 

5.2

Use of Third Party Functionality. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Your use of such third party functionality is subject to the terms of use and conditions of such third party vendors, including, without limitation, the Google Terms of Service, and Facebook Terms of Service.

6.

Account Types, Payment, Refunds, Upgrading and Downgrading Terms

 

6.1

Information about the different types of user accounts, as well as their features and pricing, can be found here.

 

6.2

A valid credit card is required for paying subscribers. Trial users are not required to provide a credit card number.

 

6.3

Fees will be charged to your credit card in accordance with the account type selected. We offer a short period to change your mind and request a refund as described at Refund Policy. After that there will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an open account. In order to treat everyone equally, no exceptions will be made

 

6.4

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) income taxes.

 

6.5

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. The Company does not accept any liability for such loss.

7.

Cancellation and Termination

 

7.1

If you elect to “not renew”, then your subscription will expire at the end of the then current billing cycle for which you have already paid and you will not be charged again.

 

7.2

The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and termination of access to Content in your Account, and termination to all licenses granted by the Company hereunder. The Company reserves the right to refuse service to anyone for any reason at any time.

8.

Modifications to the Service and Prices

 

8.1

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof).

 

8.2

Prices of the Service are subject to change upon 30 days’ notice prior to the next billing cycle. Such notice may be provided at any time by posting the changes for viewing at the next log-in to the Service.

 

8.3

The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

9.

DISCLAIMER OF WARRANTIES

 

9.1

The Company does NOT warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (v) any errors in the Service will be corrected.

 

9.2

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

c. THE COMPANY FURTHER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH OR ARISING OUT OF CONTENT THAT IS PROPRIETARY TO THIRD PARTIES.

 

9.3

Exposure to Offensive Conduct or Content. While the Company prohibits certain types of conduct and Content on the Service, you understand and agree that the Company cannot be responsible for the conduct of Users or the Content posted by Users, and that you may be exposed to conduct or Content which do not conform to the Company’s requirements. You agree to use the Service at your own risk.

 

9.4

Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. The Company is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

10.

LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: ANY MATTER RELATING TO YOUR USE OF THE SERVICE. IN ANY EVENT, THE COMPANY’S TOTAL AND MAXIMUM LIABILITY TO YOU FOR ANY CLAIM FOR DAMAGES IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED $100.

THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT BEING ACCESSED THROUGH THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS CONTAINED THEREIN, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK RIGHTS, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS OR THE DISCLOSURE OF CONFIDENTIAL INFORMATION.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS LICENSE CONSTITUTE ESSENTIAL ELEMENTS OF THIS AGREEMENT AND IN THE ABSENCE OF THOSE ELEMENTS: (A) THE TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT; AND (B) COMPANY'S ABILITY TO OFFER AND YOUR ABILITY TO OBTAIN THE SERVICE OR ANY PORTION THEREOF UNDER THIS AGREEMENT WOULD BE IMPAIRED.

11.

INDEMNITY

 

You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms of Use, or your violation of any rights of another party.

12.

GENERAL PROVISIONS

 

12.1

Entire Agreement/Interpretation. These Terms of Use, and the other policies and agreements contemplated hereby, constitute the entire agreement between you and the Company with respect to your use of the Service, and may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting by the Company of a revised version.

 

12.2

Assignment. These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, and there shall be no third-party beneficiaries to this agreement.

 

12.3

Choice of Law and Forum. These Terms of Use and the relationship between you and the Company with respect to the Service shall be governed by English law. We and you agree that the English courts shall have exclusive jurisdiction to settle any claims or proceedings relating to these terms or their subject matter.

 

12.4

Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

 

12.5

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

12.6

Contact Information. If you have any questions or comments about this Agreement or our Privacy Policy, you can contact us using this form.