TERMS AND CONDITIONS.

Thank you for visiting Amy Smith Montoya’s (ASM) website. If you want to use this website, you must agree to conform to and be legally bound by the terms and conditions described below.

 

IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE ASM’S WEBSITE.

 

MINORS.
ASM does not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide ASM or other website visitors with any personal information.

 

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS.
Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on this website.

 

ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS.
Our Anti-Spam policy is part of, and subject to, these terms and conditions of use. Here it is:ASM discourages unsolicited commercial e-mail. Also known as SPAM or junk e-mail, it is a disservice to the Internet community. ASM fully endorses and complies with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.If you subscribe to electronic newsletters or other communications from ASM’s website, you will always have an option to UNSUBSCRIBE immediately. If you have additional questions, comments or concerns, please contact ASM by e-mail ONLY (amy@amysmithmontoya.com) and providing ASM with information relating to your concern.This Anti-Spam policy was last updated on 11/30/2017.

 

MODIFICATIONS AND TERMINATIONS.
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and ASM will notify you by a notice posted on our website’s homepage of the changes that have been made. If you disagree with the changes that have been made, you should not use ASM’s website. ASM may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to ASM’s attention by e-mail, and providing ASM with information relating to your concern.

 

LICENSEE STATUS.
You understand and agree that your use of ASM’s website is limited and non-exclusive as a revocable licensee. ASM may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

 

CONTENT OWNERSHIP.
All content on ASM’s website is owned by ASM or our content suppliers. On behalf of ASM and our content suppliers, ASM claims all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. ASM will prosecute to the fullest extent of the law anyone who attempts to steal ASM’s property.You agree not to copy content from ASM’s website without ASM’s permission. Any requests to use ASM’s content should be submitted to ASM by e-mail. If you believe that your intellectual property rights have been infringed upon by ASM’s website content, please notify ASM by e-mail. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

 

DISCLAIMERS AND LIMITATIONS OF LIABILITY.
The information on ASM’s website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. ASM disclaims all warranties of any kind. ASM does not warrant that this website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in this website will be corrected. ASM does not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will ASM be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to ASM’s website, your website use, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against ASM. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

 

OBSCENE AND OFFENSIVE CONTENT.
ASM is not responsible for any obscene or offensive content that you receive or view from others while using ASM’s website. However, if you do receive or view such content, please contact ASM by e-mail so that ASM can investigate the matter. Although ASM is not obligated to do so, ASM reserves the right to monitor, investigate, and remove obscene or offensive material posted to ASM’s website.

 

INDEMNIFICATION.
You understand and agree that you will indemnify, defend and hold ASM and any of ASM’s affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.

 

COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION.
You agree to obey all applicable laws while using our website. You agree that the laws of Iowa govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and ASM, excluding any intellectual property right infringement claims ASM pursues against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must be arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Flagstaff, AZ USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

 

SEVERABILITY OF THESE TERMS AND CONDITIONS.
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

 

HOW TO CONTACT ASM.
Any questions or concerns about these terms and conditions of use should be brought to ASM’s attention by e-mail, and provide ASM with information relating to your concern.

 

ENTIRE AGREEMENT.
These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with ASM with respect to your use of our website.

 

These terms and conditions were last updated on 11/30/2017.

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