Terms of Use

LAST UPDATED: March 25, 2024

This platform is owned by Sim2Funded Solutions, LLC (“Sim2Funded”, “we”, “our”, and “us”).  Access and use of this platform and its related services and features (collectively, the “Services”) are provided by Sim2Funded to you on the condition that you accept these Terms of Use, and by accessing, browsing, or otherwise using the Services, you agree to these Terms of Use. 

THESE TERMS OF USE, THE PRIVACY NOTICE, AND ALL OTHER DOCUMENTS REFERENCED HEREIN GOVERN THE RELATIONSHIP BETWEEN YOU, THE USER OF THE SERVICES (“YOU” OR “YOUR”), AND SIM2FUNDED WITH RESPECT TO YOUR USE OF THE SERVICES.  YOU AGREE THAT THE AGREEMENT FORMED BY THESE TERMS OF USE IS LIKE ANY WRITTEN, NEGOTIATED AGREEMENT SIGNED BY YOU, AND YOU AGREE TO BE BOUND BY, AND FULLY COMPLY WITH, ITS TERMS.  YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY RIGHTS, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO PERFORM AND OTHERWISE DISCHARGE ALL OF YOUR OBLIGATIONS HEREUNDER, WHETHER ON BEHALF OF YOURSELF OR ANY ENTITY THAT YOU REPRESENT. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE, THEN YOU SHALL NOT ACCESS OR USE THE SERVICES. 

IMPORTANT: Please read the following Terms of Use carefully as they affect your legal rights.  These Terms of Use contain a binding arbitration provision set forth below in Section 16.  Except where prohibited by applicable law, these Terms of Use require you to arbitrate disputes with us rather than resolve disputes through a judge or jury trial, or any court proceedings, or class actions of any kind.  By accessing, or using the Services, you hereby waive any and all rights to initiate or participate in any class action lawsuit or representative action with respect to any disputes or claims arising out of or relating to these Terms of Use or the Services.

1. CHANGES TO SERVICES AND THESE TERMS OF USE

We reserve the right at any time to change: (i) these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through the Services or the hours during which they are available; (iii) the equipment, hardware, or software required to use and access the Services; and (iv) prices for the Services or products made available therein.  We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services, or any items available on the Services.Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Services.  Your continued use of the Services after such notice will be deemed acceptance of such changes.  Be sure to return to the Services periodically to ensure you are familiar with the most current version of these Terms of Use.You may not interfere with the security of, or otherwise abuse the Services or any system resources, services, or networks connected to or accessible through the Services.  You may only use the Services for lawful purposes and are prohibited from using the Services in a manner that is contrary to or in violation of these Terms of Use.

2. JURISDICTION

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as those set out in these Terms of Use, then you may not enter into this agreement, and shall not access or use the Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by the Services, you may not enter into this agreement, and shall not access or use the Services.  By using the Services, you represent and warrant that you have verified in your own jurisdiction if your use of the Services is allowed. We make no—and you acknowledge that we make no—representation that the Services or the materials on the Services are appropriate or available for use in all locations.  Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for compliance with state and local laws, if and to the extent state and local laws are applicable. We reserve the right to limit the availability of the Services, materials, or other items described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or other items provided.

3. GENERAL CONDITIONS AND DISCLAIMERS

We reserve the right to refuse service, and/or use of or access to the Services to anyone at any time.  Sim2Funded shall have no liability for interruptions or omissions in Internet, network, or hosting services, and does not warrant that the Services or the services which make the Services available or electronic communications sent by Sim2Funded will be available and free from viruses or any other harmful elements.  Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk.  You are and will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.Occasionally there may be information on our Services that contains typographical errors, inaccuracies, or omissions that may relate to item descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.  We reserve the right, but are not obligated, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including, without limitation, pricing information, except as required by law.  No specified update or refresh date applied on the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

4. PRIVACY

Sim2Funded is committed to respecting the privacy of the personal information of the individuals with whom we interact.  We have developed a Privacy Notice to describe our privacy practices and how we collect, use, and disclose the personal information of those individuals who visit, access, or use the Services.  Please see our Privacy Notice for further information.

5. PERSONAL USE ONLY

The Services are only for personal use.  You may not use the Services in any way that is unlawful, that violates these Terms of Use, or that harms us or any other person or entity, as determined in our sole discretion.

6. USER RESPONSIBILITIES

The Services’ content is prohibited from being copied, reproduced, scraped, downloaded, distributed, modified, republished, uploaded, licensed, adopted, adapted, edited, posted, or transmitted in any way, except as may be otherwise explicitly permitted by us in writing.  You agree not to engage in such activities, nor to create any kind of derivative works from or exploit the content of the Services in any way. You represent and warrant that: you will perform under these Terms of Use in compliance with all applicable laws and regulations; you are not (i) located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country, or (ii) listed on any U.S. Government list of prohibited or restricted parties; and all information you provide in connection with your access to or use of the Services is true, accurate, and complete to the best of your knowledge and belief. You will NOT, and you will NOT allow any third party to: Use the Services in a manner other than as expressly permitted by these Terms of Use; Use the Services for any purpose or in any manner that is unlawful or prohibited by these Terms of Use, including, without limitation, for any commercial purpose; Delete, obscure, or change any copyright, trademark, or other proprietary designations, notices, or markings in or on the Services; Translate, merge, adapt, update, modify, reconfigure, reverse-engineer, disassemble, decompile, prepare any derivative works of, discover the underlying ideas behind, or discover the source code of the Services, or combine the Services or any part thereof with any other computer code, programs, materials, or services; Copy, reproduce, display, duplicate, sell, publish, disclose, post, license, rent, scrape, or distribute the Services or any part thereof; Use the Services, including, without limitation, any Services’ content, in any way that infringes on or violates the rights of any other person or entity, including, without limitation, any patent, trademark, trade secret, copyright, other intellectual property rights, privacy rights, and publicity rights; Commit fraud or falsify information in connection with your access or use of the Services; Work around any of the technical limitations of the Services or use any tool to enable features or functionalities that are otherwise disabled on the Services; Perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by other users, or impose an unreasonable or disproportionately large load on our infrastructure; Engage in activities that aim to render the Services or associated services inoperable or make their use more difficult; Attempt to disable, damage, overburden, impair, or gain unauthorized access to the Services or our servers; Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services (including, without limitation, using spiders, crawlers, robots, indexing agents, and screen scrapers) for purposes of creating or compiling that content for any purpose; Harvest or otherwise collect or store personal information about other users of the Services, including, for example only, email addresses, without the express consent of such users; Post, transmit, input, upload, or otherwise provide any information or materials that contain any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines; Impersonate or attempt to impersonate any person or entity other than yourself, falsely state or otherwise misrepresent your identity or status, misrepresent your affiliation with a person or entity, create a false identify, or hide your true identity; Develop, assist in developing, or have developed on your own or on any other person’s behalf any software, technology, products, or services that compete with or are substantially similar to the Services or any part thereof; nor Send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Services, or attempt to collect personal information about third parties without their knowledge or consent.Sim2Funded may, at any time and for any reason, in its sole discretion, and without notice or liability, suspend, deactivate, or terminate your access to or use of the Services, and may terminate these Terms of Use, including, without limitation, if you breach these Terms of Use or any other applicable agreement or if you act in a manner inconsistent with applicable laws or regulations.

7. CODE OF CONDUCT

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Sim2Funded’s computer systems, or perform functions that you are not authorized to perform pursuant to these Terms of Use.  While using the Services you agree to comply with all applicable laws, rules, and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander, or defamation).  You shall not interfere with or disrupt the Services, our servers, or our networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

8. AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot promise that the Services will be uninterrupted, secure, or error-free.  We reserve the right to interrupt or suspend the Services, or any part thereof, with or without prior notice for any reason.Sim2Funded updates the information on the Services periodically.  However, Sim2Funded cannot guarantee or accept any responsibility or liability for the accuracy, currency, or completeness of the information on the Services.  Sim2Funded may revise, supplement, or delete information, services and/or the resources contained in the Services and reserves the right to make such changes without prior notification to past, current, or prospective visitors.

9. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained in the Services.  Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from the Services.Sim2Funded shall not be responsible or liable for any software, computer viruses or other destructive, harmful, or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Services, or your downloading of any user materials or other content from the Services.  Sim2Funded recommends that you install appropriate anti-virus or other protective software.

10. OWNERSHIP AND OUR MATERIALS

The Services are owned and operated by Sim2Funded in conjunction with others pursuant to contractual arrangements. Unless otherwise specified, all materials appearing on the Services, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Sim2Funded and its licensors and/or its suppliers.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights or goodwill belonging to or of Sim2Funded or any third party is prohibited and may be prosecuted to the fullest extent of the law.  No licenses, express or implied, are granted by Sim2Funded to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Sim2Funded and all such rights are reserved and retained by Sim2Funded.  ALL RIGHTS RESERVED.

Sim2Funded may make certain content, software, or other electronic materials (including all files, text, URLs, video, audio, and images contained in or generated by such materials and accompanying data) (collectively “Sim2Funded Materials”) available to you from the Services, from time to time.  If you download or use Sim2Funded Materials, you agree that such materials are licensed for your limited personal use only and not sold or assigned and: (i) may only be used for your personal and non-commercial use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Sim2Funded’s prior written permission; and (iii) shall only be used in compliance these Terms of Use and with any additional license terms accompanying such materials.  Sim2Funded does not transfer either the title or the intellectual property rights to the Sim2Funded Materials and retains full and complete title to the Sim2Funded Materials as well as all intellectual property rights therein.  You agree not to sell, share, redistribute, or reproduce the Sim2Funded Materials.  You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled Sim2Funded Materials into a human-perceivable form.  Sim2Funded or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner. All rights not expressly granted herein are reserved by Sim2Funded.  Any unauthorized use of the materials appearing on the Services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. The Services, (including its organization and presentation and Sim2Funded Materials) are the property of Sim2Funded and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, tradenames, internet domain names and other similar rights.

11. FEEDBACK

We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”).  If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you. Furthermore, you acknowledge that unprotected e-mail communications and other transmissions over the Internet are not confidential and may be subject to possible interception, alteration, or loss.  You acknowledge and agree that by submitting any such communications to Sim2Funded, no confidential, fiduciary, contractually implied or other relationship is created between you and Sim2Funded other than pursuant to these Terms of Use. Sim2Funded shall not be responsible for the payment of any monies to any other party in connection with Sim2Funded’s use of any information or material provided by you to Sim2Funded.  You also represent and warrant that any and all such information or material which you provide to Sim2Funded, whether provided by you electronically by accessing or using the Services or otherwise, and Sim2Funded’s use of this information and material so provided does not infringe the rights of any other person or entity.

12.  WARRANTY; DISCLAIMER OF WARRANTIES

THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE, THAT SIM2FUNDED PROVIDES, AND THE SIM2FUNDED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, ACCURACY, QUALITY, TITLE, VALIDITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.  SIM2FUNDED DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THIS WEBSITE, THE PRODUCTS, OR THE SIM2FUNDED MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

13. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, THIS WEBSITE, AND THE SIM2FUNDED MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY OF THE INFORMATION CONTAINED THEREIN.TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SIM2FUNDED OR ANY OF ITS SUPPLIERS, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, UNAVAILABILITY, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING UNDER OR OUT OF, OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF, RELIANCE UPON, ACCESS TO, USE OF, OR EXPLOITATION OF THE SERVICES, THIS WEBSITE, THE SIM2FUNDED MATERIALS, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR OTHERWISE.  SIM2FUNDED’S MAXIMUM AND AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO NO GREATER THAN $100 USD. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. INDEMNIFICATION 

You agree to, upon request, defend, indemnify, and hold us harmless from any and all liabilities, claims, losses, costs, and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms of Use for which you are directly or indirectly responsible; (2) your use of the Services; or (3) your violation, infringement, or misappropriation of the rights of any party, including, without limitation, any intellectual property, proprietary, privacy, or other rights of any party.  Sim2Funded reserves, and you grant to us, the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of Sim2Funded.  This indemnification section will survive any termination or expiration of these Terms of Use.

15. CONTACTING SIM2FUNDED

If you need to contact us regarding the Services or these Terms of Use, please e-mail us at info@sim2fundedsolutions.com.

16. ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER

PLEASE READ THIS ENTIRE SECTION CAREFULLY.  EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT AND AFFECTS LEGAL RIGHTS THAT YOU MAY OTHERWISE HAVE.  THIS SECTION ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER.

Agreement to Binding Arbitration

THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY HAVE INSTEAD CHOSEN TO HAVE ALL DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.  THE PARTIES FURTHER UNDERSTAND THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

You and we hereby agree and consent that any claim, controversy, or dispute related to or arising out of access to and use of the Services, our marketing or communication with you, these Terms of Use (including the breach hereof), any promotions offered by Sim2Funded, or telephonic outreach, whether based in contract, tort, statute, or other legal theory (“Disputes”), will be resolved by binding arbitration before a single arbitrator as described below.  The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to binding arbitration, including, but not limited to, any claim that all or any part of this arbitration agreement is void or voidable.  The arbitrator shall be empowered to grant whatever relief would be available in a court under the law or in equity.  Nothing in this arbitration agreement shall be construed as a waiver of either party’s right to seek public injunctive relief, and you and we agree to cooperate to affect the stay of any requests for public injunctive relief.

Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party.  Any arbitral award will be final and binding and may be enforced by any court of competent jurisdiction.  This arbitration agreement applies to you and Sim2Funded and its affiliates and related entities.  Interpretation and enforcement of this arbitration agreement will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), provided that if the FAA is found not to apply to any issue of interpretation and enforcement, then the issue shall be resolved under the laws of the State of Ohio.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules, which are available at https://www.adr.org/Rules.  All AAA arbitration proceedings will be held virtually or in a location reasonably convenient to both parties, consistent with the AAA’s Consumer Arbitration Rules.  If you intend to seek arbitration you must first send a written demand for arbitration (“Demand”), by first class mail, FedEx, or UPS within the applicable statute of limitations.  Your Demand shall be sent and delivered to Sim2Funded 2121 Biscayne Blvd #1787 Miami, FL 33137.  The Demand must describe the nature and basis of the claim and the specific relief sought.  If the parties cannot reach an agreement within 30 days after Sim2Funded’s receipt of the Demand, either party may initiate arbitration proceedings.  A form to initiate arbitration proceedings is available on the AAA site at www.adr.org.  In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party.  You may send such a copy to Sim2Funded 2121 Biscayne Blvd #1787 Miami, FL 33137.

If any court or arbitrator determines that any term in this arbitration agreement is unenforceable for any reason as to any claim, then this arbitration agreement will be inapplicable to that claim only, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to this arbitration agreement. Except if this arbitration provision does not apply, arbitration shall be your exclusive remedy.  Class Action, Class Arbitration, and Jury Trial Waiver You and we further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exceptions

Notwithstanding the parties’ agreement to resolve all disputes through arbitration (i) either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction; and (ii) either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information.  Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of the claiming party to submit any claim seeking relief other than injunctive relief to arbitration.

17. MISCELLANEOUS

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Delaware, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Delaware. You irrevocably submit to the exclusive jurisdiction of the Court of Chancery of the State of Delaware (the “Court of Chancery”) or, to the extent the Court of Chancery does not have subject matter jurisdiction, the United States District Court for the District of Delaware and the appellate courts having jurisdiction of appeals in such courts (the “Delaware Federal Court”) or, to the extent neither the Court of Chancery nor the Delaware Federal Court has subject matter jurisdiction, the Superior Court of the State of Delaware (collectively, the “Chosen Courts”), for the purposes of any suit, action or other proceeding arising out of these Terms of Use or any transaction contemplated hereby. You irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of these Terms of Use or your use of the Services hereby in the Chosen Courts and hereby irrevocably and unconditionally waive and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in such Chosen Courts has been brought in an inconvenient forum.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Any provisions of these Terms of Use that are intended to survive termination (including, for example, any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms of Use or of your access to or use of the Services.

These Terms of Use set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us.  These Terms of Use are not assignable, transferable, or sub-licensable by you except with Sim2Funded’s prior written consent.  These Terms of Use provide only for the use of the Services.  These Terms of Use shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.  No waiver by either party of any right, obligation, breach, or default hereunder shall be deemed to be a waiver unless set forth in writing by such waiving party.  No waiver of any right, obligation, breach, or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.