Simwerkspitt.com Terms of Service
Effective Date: July 1, 2025
Welcome to Simwerkspitt.com! These Terms of Service ("Terms") govern your use of the Simwerks website (simwerkspitt.com), its related services, and your participation in any activities or use of equipment at our physical venue located near Pittsburgh, Pennsylvania. By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or Services.
1. Definitions
- "Simwerks Pitt," "we," "us," or "our": Refers to Simwerks LLC
- "Website": Refers to simwerkspitt.com and all associated web pages, content, and applications.
- "Services": Refers to all services provided by Simwerks LLC, including but not limited to, the use of simulation equipment, booking services, participation in leagues/events, and any other activities offered at our venue or through our Website.
- "User," "you," or "your": Refers to any individual accessing or using the Website or Services.
- "Member": Refers to a User who has created an account with Simwerks Pitt or holds a membership.
- "Studio": Refers to the physical location of Simwerks LLC.
- "Content": Refers to any text, images, audio, video, software, or other materials generated, provided, or otherwise made available by Simwerks Pitt or Users.
2. Acceptance of Terms
By accessing or using any part of the Website or Services, you signify your irrevocable acceptance of these Terms. You also agree to comply with all applicable laws and regulations.
3. Eligibility and User Accounts
- Eligibility: You must be at least 18 years old to book Services or create a Member account. Individuals under 18 may use our Services only with the explicit consent and direct supervision of a parent or legal guardian who is at least 18 years old and who agrees to be bound by these Terms.
- Account Creation: To access certain features of the Services, you may be required to create a Member account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
- Account Security: You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify Simwerks LLC immediately of any unauthorized use of your account. Simwerks LLC is not liable for any loss or damage arising from your failure to maintain the security of your account.
- Termination of Account: Simwerks LLC reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services, if you provide information that is untrue, inaccurate, not current, or incomplete, or if Simwerks Pitt has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or for any violation of these Terms.
4. Booking and Payment
- Bookings: All bookings for simulator time, events, or other services must be made through our Website or in person at the Studio.
- Pricing: Prices for Services are listed on the Website and are subject to change without prior notice.
- Payment: Payment for Services is due at the time of booking or upon arrival at the Studio, as specified for each Service. We accept various payment methods as indicated on our Website.
- Cancellation and Refunds:
- [Clearly state your cancellation policy: e.g., "Cancellations made at least 24 hours in advance of your booking will receive a full refund or credit." "Cancellations made within 24 hours of your booking are non-refundable but may be eligible for a credit at our sole discretion." "No-shows will forfeit their booking fee."]
- All refunds will be processed via the original payment method within [Number] business days.
- No-Show Policy: If you do not arrive for your scheduled booking and fail to provide timely notice as per our cancellation policy, your booking will be forfeited without refund or credit.
5. Studio Rules and User Conduct (CRITICAL SECTION)
To ensure a safe, enjoyable, and respectful environment for all, all Users and Members must adhere to the following rules and conduct guidelines while at the Simwerks LLC Studio:
- Safety First: Always follow all instructions provided by Simwerks LLCstaff and adhere to all posted safety warnings. Misuse of equipment or disregard for safety instructions may result in immediate expulsion without refund.
- Equipment Care: Users are responsible for exercising reasonable care when using Simwerks Pitt equipment. Any damage to equipment caused by negligence, recklessness, or malicious intent will be the financial responsibility of the User causing the damage.
- Appropriate Attire: Clean clothes, no dirty shoes.
- Food and Drink: No food or drink is permitted in the immediate vicinity of the simulators or other sensitive equipment. Designated areas will be provided.
- Respectful Conduct: All Users must treat Simwerks LLC staff, other Users, and property with respect. Harassment, aggressive behavior, profanity, discrimination, or any disruptive conduct will not be tolerated and may result in immediate expulsion from the Studio without refund.
- Supervision of Minors: Minors must be supervised by a parent or legal guardian at all times while at the Studio, including within simulator areas.
- Right to Refuse Service: Simwerks LLC reserves the right to refuse service to, or remove from the premises, any individual who violates these Terms, poses a safety risk, or whose conduct is deemed detrimental to the experience of others or the operation of the Studio, without refund.
- Waiver of Liability: You will likely need a separate, signed "Waiver of Liability and Assumption of Risk" form for to participate. By using our Services, you acknowledge and voluntarily assume all risks associated with such activities.
6. Intellectual Property
- Our Content: All content on the Website and within the Studio, including text, graphics, logos, images, software, and the compilation thereof, is the property of Simwerks LLC or its suppliers and protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or in any way exploit any of our Content without our prior written permission.
- User-Generated Content: If you post or upload any content to our Website or social media channels (e.g., reviews, photos, videos), you grant Simwerks LLC a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, distribute, and display such content in connection with the Services and the promotion of Simwerks Pitt, in any media. You represent and warrant that you own or have the necessary rights to grant this license for any content you submit.
7. Disclaimers and Limitation of Liability
- "As Is": The Website and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Simwerks Pitt disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- No Guarantee: Simwerks LLC does not warrant that the Website or Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not guarantee the accuracy, completeness, or reliability of any information provided on the Website.
- Limitation of Liability: To the fullest extent permitted by applicable law, Simwerks LLC, its affiliates, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Website or Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Simwerks LLC as been advised of the possibility of such damages.
- Aggregate Liability: In no event shall Simwerks LLC total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing or using the Services in the twelve (12) months preceding the claim.
8. Indemnification
You agree to indemnify, defend, and hold harmless Simwerks LLC, its affiliates, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms or your use of the Website or Services.
9. Privacy Policy
Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy [Link to your Privacy Policy Page] to understand our practices regarding the collection, use, and disclosure of your personal information.
10. Termination
Simwerks LLC may, in its sole discretion, suspend or terminate your access to the Website or Services at any time, with or without cause, and without notice or liability to you, including for any violation of these Terms. Upon termination, your right to use the Website and Services will immediately cease.
11. Governing Law and Dispute Resolution
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.
- Dispute Resolution: Any dispute or claim arising out of or relating to these Terms or your use of the Services shall be settled by binding arbitration administered by the American Arbitration Association in Pittsburgh, PA,
12. Changes to Terms
Simwerks LLC reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 14 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of the Website or Services after any such changes constitutes your acceptance of the new Terms.
13. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy and any separate waivers, constitute the entire agreement between you and Simwerks LLC concerning your use of the Website and Services.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
- Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Simwerks LLC's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- Headings: The headings in these Terms are for convenience only and have no legal effect.
Contact Us
If you have any questions about these Terms, please contact us at: info@simwerkspitt.com