Terms of Use

Last Updated June 26, 2019

Please read these terms and conditions carefully before using this site.

WHAT’S IN THESE TERMS?

These terms, together with our privacy policy, govern the rules for using our site https://www.asimplemodel.com (“our site” or the “ASM site”).

WHO WE ARE AND HOW TO CONTACT US

https://www.asimplemodel.com is a site operated by A Simple Model LLC (“ASM” referred to as “we”, “us” and “our”). We are registered in Texas and have our registered office at 1845 Woodall Rodgers Freeway, Suite 1600, Dallas TX, 75201.

To contact us, or if you have any questions about these terms of use, please contact us through the contact form on the contact page (https://www.asimplemodel.com/contact.aspx).

BY USING OUR SITE YOU ACCEPT THESE TERMS

Whether you are a visitor or registered user (visitors and registered users, collectively, “users” or “you”), by using our site, you confirm that you accept these terms of use and that you agree to comply with them, including those additional terms and conditions and policies referenced herein. Please read these terms of use carefully and if you disagree with these terms of use, you must not continue to use our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We recommend that you print a copy of these terms of use for future reference.

ACCOUNT REGISTRATION

To register and create an account you must provide a valid email address and a password. It is a condition of your use of the site that all the information you provide on the site is correct, accurate and complete.

You agree that all information you provide to register with this site or otherwise is governed by our Privacy Policy.

By registering on the site, you confirm that:

– you are at least 18 years of age;
– you will fully comply with these terms of use;
– all account registration, profile information and content you provide is your own information and the content is truthful and accurate;
– you register on the site for your own personal use, and you will not sell, rent or transfer your account to any third party.
– you are fully responsible for any and all activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree to not disclose these details to any other person or entity and immediately notify us if you believe someone has used or is using your account without your permission, or if your account has been subject to any other breach of security.

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 of use.

PASSWORD PROTECTED AREAS

Some areas of the ASM site are password protected (“Password Protected Areas”) and are only available to those users who are registered with ASM and have an account. Registration requires users to fully complete the account registration process and ASM reserves the right to deny or revoke registration of the Password Protected Areas but cannot guarantee the absolute security of information or communication in such Password Protected Areas.

We have the right to disable access to any Password Protected Areas at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

Users must treat your ASM account information as confidential. You must not disclose it to any third party. You are responsible for maintaining the security of your password received by ASM and must notify us if you believe that the security of your password or account has been breached or has been subject to unauthorised use. If you know or suspect that anyone other than you knows your ASM account information, you must promptly notify us through the contact form on the contact page (https://www.asimplemodel.com/contact.aspx).

ASM will not be liable for any loss or liability incurred as a result of an unauthorized person using a User’s password or account.

ACCEPTABLE USE

We require that all users respect and comply with these terms of use at all times when using our site.

You may not:

– use our site other than for your own lawful and personal use in accordance with these terms of use;
– impersonate us, one of our employees, another user, or any other person or entity or falsely state, suggest or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
– falsify account registration information, or make unauthorized use of another’s information or content;
– use our site in a way or for any purpose that is illegal or unlawful, including engaging in any activity that violates any right of any person or entity;
– copy, reproduce, distribute, modify, or create derivative works from, any portion of our site without our express written permission;
– use our site for the purpose of exploiting, harming, or attempting to exploit or harm others;
– transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation;
– engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm us or users of the site or expose them to liability;
– create, upload, post, display, publish or distribute content that: (i) is explicit, obscene, illegal, fraudulent, defamatory, libelous, hateful, discriminatory, threatening or harassing; (ii) violates another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right; (iii) promotes any illegal activity, or advocates, promotes, or assists any unlawful act; (iv) causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person; (v) involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; or (vi) gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case;
– remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is contained in any user content that you do not own;
– use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through the site;
-decompile, disassemble, reverse engineer or otherwise attempt to discover or derive the source code of ASM;
– interfere in any way with the operation of the site or any server, network or system associated with ASM, including, without limitation: (i) hacking; (ii) mail-bombing; (iii) flooding, overloading or making “denial of service” attacks; (iv) probing, scanning or testing the vulnerability of the server, network or site; (v) breaching or circumventing firewall, encryption, security or authentication routines; (vi) access information which is not intended for you or accessing another user’s account;
– use the site for any unauthorised purposes; or
– use any automated program, tool or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access the site or any server, network or system associated with ASM, or to extract, collect, harvest or gather content or information from ASM.

REPRESENTATIONS AND WARRANTIES

By creating an account on the site you warrant and represent that:

– you accept full responsibility for the use of the site;
– you accept full responsibility for any user content created or provided by you, including files uploaded by you; and
– your use of the site will not violate these terms of use or any applicable law.

PAYMENT TERMS

Any fees which we may charge you for use of our site (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 site 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 site 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 site periodically if you are interested about how ASM charges for the site (or any features therein).

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and these terms of use do not convey any rights of ownership in or related to the site, or any intellectual property of ASM, to you.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You may download files, such as Excel file, necessary to complete questionnaires, quizzes and other tasks as part of your ordinary use of the website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, unless such modification is to the format of the file and is required for the printing of the material or is necessary to complete questionnaires, quizzes and other tasks as part of your ordinary use of the website, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The information on our site 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 to whom such restrictions apply should not access this site.

The content on our site is provided for general information only. It is not intended to amount to individual investment, tax, accounting, or legal recommendations or advice on which you should rely. In preparing the information, we have not taken into account your objectives, financial situation or needs. Before making an investment or other decision, you need to consider whether this information is appropriate to your objectives, financial situation and needs. Therefore, you must obtain professional or specialist advice before making any investment or other decisions based on the content on our site.

The information contained on our site has been obtained from sources that we believe to be reliable. However, whilst we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, useful, or up to date. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the site, or by anyone who may be informed of any of its contents.

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

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO OR THIRD PARTY CONTENT

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through our site 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 your responsibility to evaluate Third Party Content and ASM shall not be liable for any damage or loss caused by your reliance on or other use of Third Party Content.

Third Party Content has not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

ASM has no obligation to monitor Users activity, however, ASM reserves the right to review Third Party Content posted to the site and to remove any materials in its sole discretion.

ASM considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the site (“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, sub-licensable 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.

You agree that we may moderate site access and use in our sole discretion, whether by blocking, filtering, deletion, delay, omission, verification, or access, license or account termination. You agree:

– not to bypass said moderation;
– ASM is not liable for moderating, not moderating, or representations as to moderating; and
– nothing ASM does waives our right to moderate, or not.

If you wish to complain about information and materials uploaded by other users please contact us through the contact form on the contact page (https://www.asimplemodel.com/contact.aspx).

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, AND TO THE EXTENT PERMITTED BY LAW, 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: (I) THE AMOUNT OF FEES YOU PAY TO ASM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (II) $10.00.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

INDEMNITY

You agree to indemnify and hold ASM and ASM’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claim, demand, cause of action, actions, suits, proceedings, judgements, order, damages, liabilities, losses and expenses (including attorneys’ fees) arising out of:

– your use of the site;
– your violation of any law;
– your violation of the rights of a third party; and
– any content created, published, uploaded, or otherwise made available by you on the site.

SITE CONTENT LIMITATIONS

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, ALL CONTENT LOCATED AT OR AVAILABLE FROM ASM’S SITE 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 THE SITE 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 THE SITE 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.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our privacy policy:https://www.asimplemodel.com/privacy_policy.aspx.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be uninterrupted or error free, secure or free from bugs or viruses. ASM shall not be liable for any feature not being accessible or for any unavailability of our site and services. Further, we do not guarantee that files available for downloading through our site will be free or infection or viruses or other code that may have contaminating or destructive properties.

You are responsible for configuring your information technology, computer programmes and platform to access our site and 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. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under 18 U.S.C. § 1030, the Computer Misuse Act 1990 of the UK, Texas Penal Code § 33.02, and/or various other computer crime laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact us through the contact form on the contact page (https://www.asimplemodel.com/contact.aspx).

MINORS

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

WE MAY MAKE CHANGES TO THESE TERMS

We may amend these terms of use from time to time. Every time you wish to use our site, please check these terms of use to ensure you understand the terms that apply at that time. These terms of use were most recently updated on May 6, 2019.

WE MAY SUSPEND OR WITHDRAW OUR SITE

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

WE MAY MAKE CHANGES TO THESE TERMS

We may update and change our site, or its features, from time to time to reflect changes to our products, our services, to meet the needs of our 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 site without notice. To access some of the content or features of the site or its services you may need to enhance or update the hardware or software of your computer system. ASM assumes no responsibility for any failure to access of our website or any services, partially or fully, whether due to your system, the internet network or any other causes.

GENERAL

These terms of use constitute the sole and entire agreement between you and us regarding the site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the site.

If any provision of these terms of use is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of these terms of use will remain in full force and effect.

No waiver of any term set out in these terms of use shall be deemed a further or continuing waiver of such term or a waiver of any other term, and any failure to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.

You and ASM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms of use.

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 terms of use 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 terms of use and any other policies at any time, so please review the policies frequently. If ASM makes a material change to these terms of use, 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.

These terms of use 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 terms of use will be governed by the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.