Terms & Conditions

Simucase shall provide the following services:

Last Modified Date

April 1, 2024

Introduction

Simucase, LLC ("Simucase", "we", "us" or "our") owns and operates www.simucase.com (the “Site”), a competency-based online learning platform that connects users to interactive videos and simulations to elevate learning, improve critical thinking skills, and prepare students and professionals to succeed now and in the future. Our innovative technology facilitates online learning in a safe virtual environment.  Users in multiple professions encounter practical, real-life scenarios, navigate the decision making process, and receive real-time feedback.

Simucase shall offer the following services:

  • Access to Products

  • Transcript Management Services

  • Clinical Experience Hours

  • Notification to University Faculty/Supervisor/Employer

  • Activity Simulation Reports

  • Availability of Library

  • Student Data

  • Help Desk

  • Managing Your Membership

Access to Products

Simucase will maintain a combination of interactive simulations and videos (“Content”) for the purpose of assessing personal and professional skills and building competencies (“Career Readiness”) and practicing assessment, diagnostic and treatment procedures for discipline-appropriate patients and completing observations to improve students overall clinical knowledge and skills (“Clinical Experience”). This Content may be updated and/or modified during your membership. Simucase may remove or add any Content, at any time, for any reason, without notice to you. 

Transcript Management Services

Simucase will track, log and manage your time spent on simulated coursework and observation of videos.  

Clinical Experience Hours

While Simucase will make all reasonable efforts to create high-quality simulations and video content that may be used to gain clinical experience, Simucase cannot be responsible for state licensing, national certification or regulatory changes in higher education requirements that impact the use of simulations and observation videos in clinical training.

Notification to University Faculty/Supervisor/Employer

If your membership was purchased via a university, department, or employee program, Simucase may submit notification of simulated coursework to University Faculty/Supervisor/Employer on your behalf. If you purchased your membership on your own, you can opt out of Faculty Notification by submitting a written request to customerservice@simucase.com.

Activity Simulation Reports

Simucase has the ability to provide university faculty with the following reports:

  1. A list of simulations and videos completed by students for the selected date range; and/or

  2. Activity report of all incomplete/pending coursework by students for the selected date range.

Availability of Library

Simucase shall use all commercially reasonable efforts to maintain the Simucase Library and display its relevant content and coursework for access and use by you twenty-four (24) hours a day, seven (7) days a week, subject to scheduled downtime for maintenance and system outages beyond Simucase’s control.

Student Data

Simucase will maintain your completed simulation and video data for seven (7) years. Data shall include full name, address, phone number, email, university name, year in school, graduation date, and completed cases. Upon termination or expiration of your membership, Simucase shall have the obligation to maintain completed case data for seven (7) years due to clinical clock hour regulations. Students shall be able to access their data on the Simucase website via a secure password. In the event that you obtain your membership through a promo code that provides for a free membership, Simucase has the right to disclose your Student Data to third parties for marketing purposes, which include without limitation recruiters and publishers.

Help Desk

Simucase Help Desk will assist you as needed with library access, use of the library or any other issue relating to site usage, via online chat, email (help@simucase.com) and phone (855-747-9547). The Help Desk is open, Monday through Friday, excluding holidays, from 8:00 a.m. to 6:00 p.m. Eastern Standard Time (EST). If routine system maintenance is required on the site, we provide a minimum of three (3) days notice regarding the outage (if applicable).

Managing Your Membership

Individual memberships on Simucase.com will automatically be renewed at the end of the membership term unless: (1) you turn off the auto-renew feature prior to the expiration date of your then existing membership; or (2) you request a cancellation within thirty (30) days from the date your renewal payment has been accepted and processed (in which case you will receive a full refund of the renewal payment). NO REFUND will be given, in whole or in part, if you request a cancellation more than thirty (30) days after your renewal payment has been accepted and processed or if you have utilized services within the current renewal period. Your access to the membership-based features will continue only for the remainder of the renewed membership term. The Automatic Renewal Policy does not apply to group sales that are purchased with a Purchase Order and separate written agreement. Prices for products and services offered by Simucase may change at any time. The Site does not provide price protection or refunds in the event of a price reduction or promotional offering. You may cancel your Simucase Membership, effective the next billing cycle by changing your auto-renewal preference in your account settings or contacting our Customer Service Department via telephone at 855-747-9547.

Additional Terms

  • Nondiscrimination Policy: Our Commitment to Valuing Diversity

  • Equal Opportunity and Accessibility

  • Content Ownership

  • Use of Content

  • The Site Does Not Provide Medical Advice

  • Sponsored Content

  • Acceptance of Use 

  • Accessing the Site and Account Security

  • System Requirements

  • You Use the Site and the Content at Your Own Risk

  • Course/Content Submissions

  • Public Areas

  • Copyright

  • Advertisements and Links to Other Sites

  • Indemnity

  • Jurisdiction

  • Waiver and Severability

  • Payments, Taxes, and Refund Policy

  • Complete Agreement

  • Contact Us

Nondiscrimination Policy: Our Commitment to Valuing Diversity

It is the policy of Simucase to create and maintain a rich online learning environment that values diversity, respects human dignity, is hospitable, equitable, and tolerant, and in which all persons are free from all forms of discrimination or discriminatory harassment.

In order to assure all users an appropriate learning environment, the Site:

  • Challenges and requests its presenters, users and administration to promote a hospitable and equitable learning environment for all persons;

  • Asserts that tolerance for diversity shall be the norm for behavior on the part of all who are present; and

  • Discourages the use of derogatory or disparaging language and other forms of expression and, particularly, disapproves of those who insult persons on the basis of race, ethnicity, national origin, ancestry, citizenship, religion, creed, sex, sexual orientation, marital status, age, socioeconomic status, disability, or veteran status.

Equal Opportunity

Simucase is committed to providing equal opportunities in accordance with all applicable laws. If you are in need of a disability-related accommodation, please contact customerservice@simucase.com. We will review your request and respond in a timely manner. Please note that we require a minimum of 2 weeks to provide a reasonable accommodation for your request.

Content Ownership

The Site and its entire contents, features, and functionality, including but not limited to all information, software, text, graphics, displays, images, video, audio, and any other material and the design, selection, and arrangement thereof; along with all patent, copyright, trademark, trade dress, domain name, trade secret and other proprietary rights relating thereto, (collectively the “Content”)  are owned by the Simucase, our affiliates or licensors, and are protected by United States and international intellectual property or proprietary rights laws. These Terms and Conditions permit you to use the Site for your personal, non-commercial use only. You acquire no ownership rights in the Content by downloading or utilizing copyrighted material.

Use of Content

Simucase authorizes all members to view or download Content on the Site solely for individual/personal use only. All other reproduction or distribution is strictly prohibited without prior written consent from Simucase. Furthermore, Simucase shall only be utilized as a classroom instructional tool when all of the students in the class that will be instructed have their own Simucase memberships. For more information about pricing and permissions, contact sales@simucase.com or 855-747-9547.

You acquire no ownership rights in the Content by downloading copyrighted material. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material on our Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. Any use of the Site, or its Content, not expressly permitted by these Terms is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Should you breach these Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.  Simucase may seek injunctive relief, at any time, without the necessity of proving damages, in addition to any other remedies available by law. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Simucase.

The Site Does Not Provide Medical or Mental Health Advice

The Site and its Contents are for your informational purposes only. The Content is not intended to substitute for professional medical or mental health advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. Internet sites cannot and do not provide personal advice. The opinions expressed are for informational purposes only and are not to be considered by you, or anyone, as appropriate or professional, or diagnostic of your condition or situation. Simucase is not a direct service organization. We strongly urge you to personally speak with your physician or other licensed healthcare practitioner to determine if and how the information on the Site pertains to you, if at all. Call your doctor or 911 immediately for all medical emergencies. the Site does not recommend or endorse any specific tests, products, procedures, opinions, or other information found on the Site. Use of the Site is solely at your own risk.

Simucase simulation sponsorships do not necessarily imply endorsement of course content, specific products, or specific procedures. Any views that are presented are those of the presenter and/or author and not necessarily the Site. It is the responsibility of the presenters and authors to provide adequate authority and reference to support any claims made, and it is the responsibility of participants to critically evaluate the evidence from multiple sources to guide clinical decision-making.

Acceptance of Use

By using the Site, you agree to these Terms and Conditions. If you do not agree to all Terms and Conditions, do not use the Site. We may change the Terms and Conditions at any time without notice, and any changes will be included in the Terms and Conditions posted on the Site. Please check the Terms and Conditions for changes. Your continued use of the Site after the Terms and Conditions have been changed constitutes your acceptance of such changes. The Site is offered and available to users who are 14 years of age or older. If you do not meet this requirement, you must not access or use the Site.

Accessing the Site and Account Security

We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable for any reason if all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Site.

  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with the Site or otherwise, including but not limited to the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Any abuse of the site or its content, including but not limited to abuse of any free course offerings, shall be considered a violation of these Terms and Conditions.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

System Requirements

Simucase is a cloud-­based application with minimal technical requirements: a web browser and a high-speed Internet connection. For optimal performance, the following internet browsers are supported and recommended: Safari version 10.0 and above, Firefox version 68.0 and above, Edge 16, Chrome version 76 and above. Student work and data records resulting from simulated coursework are encrypted with a 128-bit encryption key. Back-ups of student data are encrypted with a 128-bit encryption key. Records are not stored in physical paper form. Weekly vulnerability scans are conducted to maintain a PCI-compliant level of security. Simucase data is transferred between the Student and Simucase servers via secure websockets.

You Use the Site and the Content at Your Own Risk

When using the Site, information is transmitted over a medium (the internet) which is beyond the control and jurisdiction of Simucase and its suppliers, partners, presenters, authors and content providers. Accordingly, Simucase and its suppliers, partners, presenters, authors and content providers assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. We do not make warranties or representations regarding the security of the Site, the Content or Submissions (as defined below). Data sent over the internet may be intercepted by third parties; if you are concerned about the security of your data, you should not send it over the internet. You are responsible for maintaining the confidentiality of your user ID and password that was assigned by us, and you are responsible for all uses of them, regardless of whether the uses were authorized by you.

You may not assign or delegate your rights or obligations pursuant to your membership, including but not limited to your login information, without the prior written consent from Simucase, provided that such consent shall not be unreasonably withheld. Simucase may freely assign or transfer any or all of its rights under these Terms and Conditions to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any assignment or delegation in violation of this section shall be void.

SIMUCASE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

THE SITE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN NO EVENT SHALL SIMUCASE, ITS LICENSORS, ITS SUPPLIERS, PARTNERS, PRESENTERS, AUTHORS, CONTENT PROVIDERS, OR ANY THIRD PARTIES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SIMUCASE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT OUR ENTIRE LIABILITY (AND THAT OF OUR THIRD PARTY PROVIDERS) UNDER THESE TERMS AND CONDITIONS, OR ANY MATTER RELATING TO THESE TERMS AND CONDITIONS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY THIRD PARTY PROVIDER AND OUR AND THEIR RESPECTIVE AFFILIATES.

Course/Content Submissions

You agree that you will not upload or transmit any communications or content of any type to the Site ("Submissions") that infringe or violate any rights of any party. By submitting Submissions to any part of the Site, you agree that you have the right to submit the Submission, and such Submission is non-confidential for all purposes. If you make any such Submission, you represent and warrant that you are the owner of the Submission or you otherwise have permission to make the Submission, and you grant to Simucase and/or its affiliates, a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed on the Site or other sites owned by Simucase.

Public Areas

If you use one of the areas of the Site that permit you and others to post communications, such as course ratings and evaluations, discussion forums, social media postings, user profiles, professional network and live events/classroom messaging ("Public Areas"), you are solely responsible for your own Submissions, the consequences of posting those Submissions, and your reliance on any communications found in the Public Areas. Simucase is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use the Public Areas and submit Submissions, you agree that your failure to comply with any of the following will constitute a material breach of these Terms and Conditions: (i)you will not use a Public Area for any purpose in violation of local, state, national, or international laws; (ii) you will not post material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; (iii) you will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity; (iv) you will not post advertisements or solicitations of business or post chain letters or pyramid schemes; (v) you will not impersonate others, distribute viruses or other harmful computer code, or harvest or otherwise collect information about others (including email addresses, without their consent); (vi) you will not allow other persons or entities to use your identification for posting or viewing comments; you will not post the same note more than once or engage in any form of "spamming"; and (vii) you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site.

You acknowledge that we do not ordinarily monitor Submissions or the Public Area, and we reserve the right to refuse to accept or to remove any Submission that is, in our sole discretion, unacceptable, and to disclose Submissions to law enforcement agencies or authorities who may investigate reports of misuse or abuse of the Site or the Content. You also acknowledge that all Submissions are non-confidential for all purposes and that you grant to Simucase a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and/or display the Submission in any media or medium, or any form, format, or forum no known or hereafter developed.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  2. A description of the copyrighted work that you claim has been infringed;

  3. A description of where the material that you claim is infringing is located on the Site;

  4. Your address, telephone number, and email address;

  5. A 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; and

  6. 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. Our Copyright Agent for notice of claims of copyright infringement on the Site can be reached by directing an email to the Site Editor at editorial@simucase.com, or by letter sent postage prepaid to Simucase, LLC, 2028 E Ben White Blvd #240-8855, Austin, TX 78741 , Attention: Editorial Dept.

You acknowledge that all simulated coursework, as well as the Simucase logo and name, and Simucase simulations and video libraries are protected under copyright. Simucase retains the rights to all simulated Content for simulated based education purposes. Simulations may not be reproduced, sold or utilized except as authorized by Simucase.

Simucase does not endorse the content on any third-party websites. Simucase cannot be and is not responsible for the content of linked third-party sites, sites framed within the Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Indemnity

By using the Site, you agree to defend, indemnify, and hold Simucase, its suppliers and licensors, and their respective officers, directors, authors, presenters, employees, contributors, agents, licensors, corporate partners, advisors and advisory board, harmless from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the Submissions, job postings, any material breach of terms and/or any use of or problem related to the Site or its Content.

Jurisdiction

These Terms and Conditions and all transactions contemplated by these Terms and Conditions shall be governed by, and construed and enforced in accordance with, the laws of the state of Ohio, without regard to principles of conflicts of laws. Each party agrees that a substantial portion of the anticipated performance of these Terms and Conditions occurred or shall occur in Hamilton County, Ohio. Any civil action or legal proceeding arising out of or relating to these Terms and Conditions shall be brought in the courts of record of the State of Ohio in Hamilton County. Each party consents to the jurisdiction of such court in any such civil action or legal proceeding in such court. Service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Except for claims arising from your misuse of the Site or the Content, or claims arising from the Submissions, 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 Site, the Content or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver and Severability

Our waiver of any term or condition set forth in these Terms and Conditions shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

Payments, Taxes, and Refund Policy

The Site accepts these forms of payment for its professional websites: Visa, MasterCard, American Express, and Discover credit cards and/or other digital payment platforms that may be available at the time of purchase. Billing occurs at the time of or shortly after your transaction.

You agree that you will pay for all products and services you purchase through the Site, and that the Site may charge your credit card for any products and services purchased through the Site and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your purchases. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SIMUCASE WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your information online in the Member Profile section of the Site. Should your designated card be declined for any reason, our payment processor will make periodic attempts to process the payment. 

Your total price will include the price of the products and services purchased plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you download the products and services. We will charge tax only in states where digital goods are taxable. All currencies denoted are in USD.

All sales of online services are final.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions and the Site's then-current Privacy Policy, which is incorporated by reference and made a part hereof, constitute the entire agreement between you and the Site.

Memberships Will Automatically Renew

Individual memberships on Simucase.com will automatically be renewed at the end of the membership term unless: (1) you turn off the auto-renew feature prior to the expiration date of your then existing membership; or (2) you request a cancellation within thirty (30) days from the date your renewal payment has been accepted and processed (in which case you will receive a full refund of the renewal payment). NO REFUND will be given, in whole or in part, if you request a cancellation more than thirty (30) days after your renewal payment has been accepted and processed or if you have utilized services within the current renewal period. Your access to the membership-based features will continue only for the remainder of the renewed membership term. You may cancel your Simucase Membership, effective the next billing cycle by changing your auto-renewal preference in your account settings or contacting our Customer Service Department via telephone at 855-747-9547.

The Automatic Renewal Policy does not apply to group sales that are purchased with a Purchase Order and separate written agreement.

Contact Us

If you have Site questions, comments, or concerns, please email webmaster@simucase.com. Please include details of your questions, comments or concerns and your complete name and contact information.

To report a security issue with the Site, please email responsible-disclosure@lacallegroup.com.

© 2024 Simucase, Inc. All rights reserved.

Questions?

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