Terms of Use

Last Updated February 2016

Welcome to A Simple Model. The www.ASimpleModel.com website is comprised of various webpages operated by A Simple Model LLC (“ASM” or “we”). Whether you are a visitor or registered user (visitors and registered users, collectively, “Users” or “you”), by using this website in any manner, including but not limited to visiting or browsing this website, you agree to be bound by these terms of use (“TOU”), including those additional terms and conditions and policies referenced herein or available by hyperlink. Please read them carefully and if you disagree with the TOU in any way, then do not use this website.

If you have any questions, please contact us at Peter@ASimpleModel.com.

Sites and Services

The website and its features may be expanded, limited or modified at any time by ASM to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the website, without notice. To access some of the content or features of the website or its services, Users may need to enhance or update the hardware or software in their computer systems. ASM assumes no responsibility for any failure to access the website or any services, partially or fully, whether due to the User’s system, the Internet network or any other cause.

ASM alone (and its licensors, where applicable) will own all right, title and interest, including all related intellectual property rights, in and to this website. These TOU is not a sale and does not convey to you any rights of ownership in or related to this website, or any intellectual property rights owned by ASM. ASM’s name, logo, content and the product names associated with this website are trademarks of ASM or third parties, and no right or license is granted to use them.

Password Protected Areas

Some areas of the ASM site (“Password Protected Areas”) are password protected and available only to Users who are registered with ASM to have an account. Registration requires Users to fully complete the account registration process. ASM reserves the right to deny or revoke registration or access to Password Protected Areas for any User. ASM takes reasonable measures to ensure the security of the Password Protected Areas but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from ASM and must notify us if they believe that the security of their password or account has been breached or subject to unauthorized use. ASM will not be liable for any loss or liability incurred as a result of an unauthorized person using a User’s password.

Minors

We do not provide information or services to minors, and if you are under 18 you may only use this site with the active involvement of a parent, guardian or other supervising adult. In all cases, the adult is the User and is responsible for any and all activities.

No Individual Investment Advice

The information in this website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the information is prohibited. Persons in respect of whom such prohibitions apply must not access this website.

The contents of this website have been prepared to provide you with general information only. Information provided on and available from this website does not constitute any investment recommendation. In preparing the information, we have not taken into account your objectives, financial situation or needs. Before making an investment decision, you need to consider whether this information is appropriate to your objectives, financial situation and needs.

The information contained herein has been obtained from sources that we believe to be reliable, but its accuracy and completeness are not guaranteed. Any examples shown on this website are purely hypothetical and have been included for demonstrational purposes only.

You are advised to verify any information accessed or obtained from this website before using it for any personal, financial or business purpose. In addition, the opinions and views expressed in any article, posting, or other submission on this website are solely those of its author and do not reflect the opinions of ASM or its management.

Payment Terms

Any fees which ASM may charge you for use of the website (or any features therein) are due in accordance with the payment plan you selected and are non-refundable. This no-refund policy will apply at all times regardless of your decision to terminate your usage, ASM’s decision to terminate your usage, disruption caused to our website either planned, accidental or intentional, or any reason whatsoever. ASM reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.

ASM, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on your offer or contract. ASM may change the fees as it deems necessary for our business. ASM encourages you to check back at our website periodically if you are interested about how ASM charges for the website (or any features therein).

Web Site Content Limitations

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, ALL CONTENT LOCATED AT OR AVAILABLE FROM ASM’S WEBSITES IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND ASM, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, ASM, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED ON THIS WEBSITE IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE ACCESS OR OBTAIN CONTENT THROUGH THIS WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT ASM, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS THEREFROM. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, IN NO EVENT WILL ASM, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THIS WEBSITE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF ASM, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ASM’S LIABILITY, AND THE LIABILITY OF ASM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ASM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $10.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold ASM and ASM’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these TOU or your violation of any law or the rights of a third party.

Third Party Content

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this website by third parties (“Third Party Content”) are solely those of their respective providers and not of ASM which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and ASM shall not be liable for any damage or loss caused by User’s reliance on or other use of Third Party Content.

Materials Posted by Users

By posting or submitting any material, you will be (a) granting ASM a world-wide fully paid-up non-exclusive license to allow your materials to be edited and displayed by ASM on its website, and accessed by Users, for the purposes and on the terms in these TOU, (b) agreeing to indemnify and hold harmless ASM and its Users from any claim or demand made by any third party due to or arising out of your materials, and (c) representing that you own or otherwise have the right to post the materials, that the materials are accurate, that use of the materials on the ASM website does not violate any laws, and that the materials will not cause injury to any person. ASM shall have the right to use your name in connection with your posted materials.

ASM considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via this website (“Feedback”) to be non-confidential and non-proprietary, and ASM will not be liable for the disclosure or use of any Feedback. You hereby grant and agree to grant ASM, under all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit Feedback for any purpose, commercial or otherwise, without compensation or accounting to you and without further recourse by you.

ASM has no obligation to monitor your activity or the activities of other Users. However, ASM reserves the right to review materials posted to this website and to remove any materials in its sole discretion. ASM reserves the right to terminate your access to any or all of this website at any time without notice for any reason whatsoever.

You agree that ASM may moderate website access and use in our sole discretion, whether by blocking, filtering, deletion, delay, omission, verification, or access, license or account termination. You agree (i) not to bypass said moderation, (ii) ASM is not liable for moderating, not moderating, or representations as to moderating, and (iii) nothing ASM does waives our right to moderate, or not.

Viruses

We do not guarantee that access to or use of this website or any services will be uninterrupted or error free, and ASM shall not be liable for any feature not being accessible or for any unavailability of its website and services. Further, we do not guarantee that files available for downloading through this website will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

Privacy

Except as provided in the Privacy Policy, ASM will not sell or disclose your personal information to third parties without your express consent. ASM stores and processes information on servers hosted by Amazon Web Services that are protected by physical as well as technological security.

General Terms

If any provision of these TOU is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of these TOU will remain in full force and effect. You and ASM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these TOU. These TOU will be governed by and construed in accordance with the laws of the State of Texas, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these TOU will be governed by the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas. Unless otherwise specified herein, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to Peter@ASimpleModel.com. All provisions of these TOU which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

ASM reserves the right to alter these TOU and any other policies at any time, so please review the policies frequently. If ASM makes a material change to these TOU, it will notify you here, by email, by means of a notice on our home page, or other places ASM deems appropriate. What constitutes a “material change” will be determined at ASM’s sole discretion, in good faith, and using common sense and reasonable judgment.