If you do not agree to these Terms, you may not use the Site or any products or services provided on the Site. We reserve the right to revise these Terms at any time by updating this posting and you are responsible for reviewing these Terms from time to time to become aware of any changes. Any revisions to these Terms shall be effective immediately upon posting.
As a condition of your access to and use of the Site, you represent and warrant that:
- You are of legal age to form a binding contract with us;
- You have not and will not provide false information or impersonate another person in your use of the Site;
- You will only use your own user name, email address, password and other information to access any secured portion of the Site;
- You will maintain the confidentiality of your user name, email address and password at all times;
- You will not assist anyone in gaining unauthorized access to the Site;
- You will only attempt to access the areas of the Site which you have been authorized to access; and
- You will notify us if you are aware of any unauthorized use of your user name, email address or password in an attempt to access the Site
We do not assume any responsibility for your content or any other content not produced by us on the Site. We may at any time and in our sole discretion screen, monitor, block, remove or otherwise exercise control over any of your content or anyone else’s content that we determine violates these Terms, including the Code of Conduct (above), any applicable law, or otherwise may expose us to civil or criminal liability or reflect poorly on us. In addition, we may permanently terminate your access to the Site in the event we determine that you caused any such violation. In no event shall such rights obligate us to exercise control over your content or anyone else’s content.
AUTHORIZED USE OF CONTENT
The Site, including all content thereon, is owned by us, our suppliers or licensors and is protected by U.S. and international intellectual property laws. You agree not to access the Site or use any content contained on the Site for any commercial purpose. You agree to maintain all copyright and other intellectual property notices included in any of our content that you copy.
You may not modify decompile, disassemble, decrypt, extract or otherwise reverse engineer any of our content, or create derivative works based upon all or part of the content.
We reserve all rights not expressly granted to you in these Terms and no additional rights are granted by implication, estoppel or otherwise.
THIRD PARTY CONTENT
You agree that we do not endorse and that we are not responsible for any third party content appearing on the Site and that we shall have no liability for any such content, including content that is false, misleading, abusive, defamatory, obscene or that violates any local, state, federal or international law or regulation or any rights of another individual or entity.
You also agree that we are not responsible for the content of any other websites linked to the Site and that the inclusion of any link to such third party websites does not imply our endorsement of such websites. Your linking to any off-site pages or other websites is at your own risk.
PRODUCTS AVAILBLE ON THIS SITE
You may purchase an end-user license for certain software products through this Site. Any and all such software is owned by us, our supplies or licensors and is protected by the U.S. and international intellectual property laws. Any software you download through this Site may only be used in accordance with and subject to the End User License Agreement that comes with the software. You will not be able to purchase the software license or install the software unless and until you agree to the terms of the End User License Agreement.
If you purchase software from this Site, then these payment terms apply to your purchase and you agree to them.
a. Charges. If there is a charge associated with a portion of the software, you agree to pay that charge. The price stated for the software excludes all applicable taxes and currency exchange settlements, unless stated otherwise. Taxes are calculated based on your location at the time of your purchase. We may suspend or cancel your use of the software if we do not receive an on-time, full payment from you. Suspension or cancellation for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
b. Your Billing Account. To pay the charges for the software, you will be asked to provide a payment method at the time of purchase. Specifically, you will be required to provide your credit card or bank account details to the Company and/or the third-party service provider, and/or register with the third-party service provider to process payment(s) for the Services. You agree to provide the Company and/or the third-party service provider with accurate and complete information about you and/or your business; and you authorize the Company to share it and any transaction information related to your use of the Services and/or Website with the third-party payment processor for the purpose of processing payment(s). Additionally, you agree to permit FastModel to use any account information regarding your selected payment method provided by your issuing bank or the applicable payment network.
c. Billing. By providing FastModel with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize FastModel to charge you for the software or available content using your payment method; and (iii) authorize FastModel to charge you for any paid feature of the software that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
d. Recurring Payments. When you purchase the software, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to FastModel by the method you have chosen on annual basis, until the subscription for that service is terminated by you or by FastModel. By authorizing recurring payments, you are authorizing FastModel to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively,"Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, FastModel or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
e. Automatic Renewal. Provided that automatic renewals are allowed in your state, your software license will automatically renew at the end of a fixed service period. We will remind you by email before any renewal for a new term, and notify you of any price changes in accordance with sub-section (k). Once we have reminded you that you elected to automatically renew software license, we may automatically renew your services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the services as described below. We will also remind you that we will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel before the renewal date to avoid being billed for the renewal. No refunds will be issued after renewal date
f. Online Statement and Errors. FastModel will provide you with receipt at the time of purchase. If we make a billing error, you must tell us within 90 days after the error first appears on your credit card statement. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Fast Model has identified a billing error, we will correct that error within 90 days.
g. Refund Policy. Unless otherwise provided by law or by a particular service offer, all purchases are final and non-refundable. If you believe that FastModel has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
h. Canceling the Services. You may cancel service at any time, with or without cause. To cancel and request a refund, if you are entitled to one, email us at firstname.lastname@example.org. You should refer back to the offer describing the services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the software ends at the end of your current license period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
i. Trial-Period Offers. If you are taking part in any trial-period offer, you must cancel the trial by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial by the end of the trial period, we may charge you for the service(s).
j. Promotional Offers.From time to time, FastModel may offer software services for a trial period during which FastModel will not charge you for the services. FastModel reserves the right to charge you for such services (at the normal rate) in the event that FastModel determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
k. Price Changes.We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the services before the price change takes effect. If there is a fixed term and price for your service offer, that price will remain in force for the fixed term.
l. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
WE DO NOT WARRANT THE ACCURACY OF ANY INFORMATION PROVIDED ON THE SITE AND SUCH INFORMATION IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT, REGARDING ANY MATERIALS CONTAINED ON THE SITE.
WE ASSUME NO RESPONSIBILITY FOR ANY DELETION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY INFORMATION PROVIDED BY YOU. WE ASSUME NO RESPONSIBILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY WIRELESS OR WIRED TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, SERVERS, OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON’S COMPUTER, RELATED TO OR RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR DOWNLOADING ANY MATERIALS FROM THE SITE.
WE MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY OF THE SITE OR THE LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE ON THE SITE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OUR MATERIALS, INCLUDING LOST REVENUES, LOSS OF BUSINESS OR LOSS OF DATA.
IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU FOR USE OF THE SITE, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION.
RELEASE AND INDEMNITY
You agree that neither we nor any of our members, officers, directors, employees, agents or service providers shall have any liability to you for claims related to your use of the Site and you hereby release us and our members, officers, directors, employees, agents or service providers from any and all such claims.
You agree to indemnify and hold us, our members, officers, directors, employees and agents harmless from any and all claims, liabilities, damages, and expenses (including attorneys’ fees) relating to your content and your use of the Site in violation of these Terms.
If you believe your copyrighted work or trademark has been uploaded, posted or copied to the Site in a way that constitutes copyright or trademark infringement, please notify our designated agent at: Fast Model Sports, 444 N. Michigan Ave., Suite 760, Chicago IL 60611, Attn: Web Support. As soon as practical, we will investigate such claims and take appropriate action in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq.
Any claims that material on the Site is defamatory or abusive towards you may be directed to the same contact.
- Governing Law – These Terms shall be governed by and construed in accordance with the laws of Ilinois, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. You agree that any legal action or proceeding concerning your use of the Site shall be brought exclusively in a state or federal court located in Cook County, Illinois, and you submit to the exclusive personal jurisdiction of such courts.
- Assignment – We may assign our rights and delegate our duties under these
- Terms to any party at any time without notice to you or any third party.
- No Implied Waiver – Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
- Severability – The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability of the remaining provisions.
If you have any other questions concerning the Site or these Terms, please contact:
Fast Model Sports, 444 N. Michigan Ave., Suite 760, Chicago IL 60611, Attn: Web Support.