Terms and Conditions for www.Simwerkspitt.com

Welcome to the website for Simwerks LLC, operating as Simwerks Pittsburgh Sim Racing Center!

These Terms and Conditions ("Terms") outline the rules and regulations for the use of Simwerks LLC's Website, located at https://simwerkspitt.com (the "Website").

By accessing this Website, we assume you accept these Terms and Conditions in full. Do not continue to use this Website if you do not agree to all the Terms stated on this page.

1. Cookies

The Website uses cookies to help personalize your online experience. By accessing the Website, you agree to the use of required cookies.

A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our Website. You have the ability to accept or decline optional Cookies.

Some required Cookies are necessary for the operation of our Website and do not require your consent as they always work. By accepting required Cookies, you may also accept third-party Cookies, which might be used via third-party services integrated into our Website (e.g., video display windows, embedded booking software, etc.).

2. Intellectual Property Rights and License

Unless otherwise stated, Simwerks LLC and/or its licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved.

You may access this material from the Website for your own personal, non-commercial use, subject to the restrictions set in these Terms.

You must not:

* Copy or republish material from the Website.

* Sell, rent, or sub-license material from the Website.

* Reproduce, duplicate, or copy material from the Website.

* Redistribute content from the Website.

This Agreement shall begin on the date you first access the Website.

3. User Comments

Parts of this Website may offer users an opportunity to post and exchange opinions and information ("Comments"). Simwerks LLC does not filter, edit, publish, or review Comments before their presence on the Website. Comments do not reflect the views and opinions of Simwerks LLC, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts them. To the extent permitted by applicable laws, Simwerks LLC shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.

Simwerks LLC reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or that breach these Terms.

You warrant and represent that:

* You are entitled to post the Comments on our Website and have all necessary licenses and consents to do so;

* The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

* The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy;

* The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Simwerks LLC a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, and sublicensable license to use, reproduce, edit, adapt, modify, publish, translate, distribute, and display your Comments in any and all forms, formats, or media.

4. Hyperlinking to Our Content

You may link to our Website's home page, publications, or other information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

The following organizations may link to our Website without prior written approval:

* Government agencies;

* Search engines;

* News organizations;

* Online directory distributors; and

* System-wide Accredited Businesses.

Acknowledged Partners: No use of Simwerks LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

5. Content Liability and Reservation of Rights

We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that are raised on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

6. Disclaimer of Warranties

We do not ensure that the information on this Website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the Website remains available or that the material on the Website is kept up to date.

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our Website and the use of this Website.

7. Indemnification

You agree to defend, indemnify, and hold harmless Simwerks LLC, its members, managers, officers, employees, contractors, agents, and landlords from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (a) your use and access of the Website, by you or any person using your network or credentials; (b) a breach of these Terms; or (c) Comments or other content posted by you.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Simwerks LLC, nor its directors, members, employees, partners, agents, or suppliers, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; or (iii) unauthorized access, use, or alteration of your transmissions or content.

This Section applies strictly to website usage and digital operations. Physical liability, assumptions of physical risk, and safety terms regarding the use of Simwerks' physical simulation equipment are governed exclusively by our separate, mandatory Release and Waiver of Liability, which must be signed prior to using any physical hardware.

9. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Website, or digital privacy shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, rather than in court.

You and Simwerks LLC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You explicitly waive your right to a jury trial or to participate in a class-action lawsuit regarding your website usage. If arbitration is deemed inapplicable by a court of law, the exclusive jurisdiction for any legal action shall be the state or federal courts sitting in Washington County or Allegheny County, Pennsylvania.

10. Online Reservations and Cancellations

By booking a simulation session through our third-party embedded booking software on this Website, you acknowledge that reservations are subject to availability. Simwerks LLC reserves the right to cancel, modify, or reschedule appointments at its sole discretion due to equipment maintenance, scheduling conflicts, or unforeseen circumstances. All financial transactions are processed securely through our third-party payment processors, and you agree to abide by their respective terms of service.