Last modified: January 21, 2016
PLEASE READ THIS “TERMS OF SERVICE” CAREFULLY BEFORE SIGNING UP FOR MODELS BY TOGGLES SERVICES. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF SERVICE, DO NOT "SIGNUP" FOR MODELS BY TOGGLES SERVİCES.
This is a legal agreement ("Agreement") between You (“Customer”) and Models by Toggles, LLC. (“Models by Toggles” or "Company"), for use of the Models by Toggles services (“Services”) which You selected or initiated by signing up.
"You" refers to the individual who signed up and/or provided in the Models by Toggles website his or her personal and contact information to open an account, credit card or other payment mechanism for the Services Company provides, or who created a personal password if you are added as a user to sign in to an existing account opened by another person or entity or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then "You" refers to such entity. If You are accepting on behalf of an entity, You represent and warrant that: (1) You have full legal authority to bind the applicable entity to this Agreement and its terms and conditions; (2) You have read and understand this Agreement; and (3) You agree, on behalf of the entity You represent, to this Agreement and all its terms and conditions. If You don’t have the legal authority to bind the applicable entity, please do not sign up.
By signing up, you are agreeing to be bound by the following terms and conditions (“Terms of Service”) including any future modification thereof as a pre-condition to access to Services.
You must be 18 years or older to use the “Services”.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login information (i.e. the unique email address and associated password) is intended for your use only. You are entirely responsible for maintaining the security of your account, including your password, and any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. Anyone with knowledge of your Password can gain access to your account and all the services available and content you created within the account. If you have forgotten or lost your Password, online services are available to assist you in resetting it. If you need assistance, contact Models by Toggles by email using our Contact page. Models by Toggles cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to notify Models by Toggles immediately if you become aware of any unauthorized access to your account, use of your account and password, or any other breach of security. One of the Terms and Conditions of this agreement is that you are solely responsible for any claims, losses, damages, expenses and costs incurred by the use of your Password by others. Models by Toggles reserves the right to reset any Passwords.
You are responsible for all content such as workspaces, models, scenarios, analyses, reports, templates, data inputs and etc. and activity that occurs under your account (even when content is provided, created, updated, and edited by others who have accounts under your account as account administrators or users).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
By signing up for Models by Toggles, you agree to receive automatic email notifications related to your account and Models by Toggles services.
As a user of the Models by Toggles services, it is your responsibility to ensure that the contact and other required information in your user profile/account is current and accurate, and updated promptly if necessary , including your name, address, phone number and email address. Changes can be made within the profile pages of your Models by Toggles account.
If an account, regardless of being a free account or a Professional Account, is not used for a period of 1 year (ie: a user has not logged in for 1 continuous year) we reserve the right to terminate the account and all of its content in question and offer the sub-domain used to other customers (for Professional Accounts).
Professional Account services are only available on a continuous and uninterrupted basis. If the Customer wants to renew its Professional Account Services Packet at a later date than the original "expiration date", the renewal date will be the original "expiration date"; and the new 1-year active period and the new expiration date will be calculated accordingly.
A valid credit card or a PayPal account is required to pay for services.
You can sign up for a Free Account. You will not be charged for signing up and opening a Free Models by Toggles Account. You are not obligated to purchase any of the Services by signing up for a Free Models by Toggles Account.
If You elect to purchase Services such as standard and/or advanced model licenses or additional Services such as opening aProfessional Account, you may elect to provide a credit card or other payment mechanism selected by You. You agree that the Company may charge to Your credit card or other payment mechanism selected by You and approved by the Company for Your Prepaid Account/License ("Your Account/License") and all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with Your use of the Services.
The Services are billed in advance on a per license basis (in the case of model licenses) or on a per year basis (in the case of Professional Account Services); and they are non-refundable. There are no Service downgrade options available. There will be no refunds or credits for reduced or partial use of Services, upgrade/downgrade refunds, or refunds for licenses and/or time periods unused with an open account. In order to treat everyone equally, no exceptions will be made.
All service fees announced by Models by Toggles are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
If you upgrade your service level from one package (i.e. standard model license) to a higher priced package (i.e. advanced model license), the Company will charge you the difference between the higher priced package and your current package price. Upgrading your package will not extend the license period, and your license will expire on the day your current (original) service package’s expiration day. Your license’s scheduled expiration date will remain the same as your initial license expiration date (i.e. 180 days from that date you created your model using your initial license).
Professional Account licenses are valid for one year. Your Professional Account license starts on the day you sign up for and make your payment for this specific Service. Your Professional Account license expires on the same day (i.e. your license start day) of the following year.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
Non-renewal of a Professional Account is considered as cancellation. If a Professional Account is cancelled, all of its content such as workspaces, models, scenarios, analyses, users, sub-domain names, any used or unused licenses, and any other components associated with the Services and the account itself will be maintained for one (1) year as an "inactive" account. After one year of inactivity period is over, we reserve the right to terminate the account and all of its content in question regardless of its content being complete or incomplete, or used or unused. Such accounts and their contents cannot be converted into and used as Free Accounts or downgraded service packages. No refunds will be provided for any unused or incomplete model licenses. Professional Account Services are only available on a continuous and uninterrupted basis. If the Customer wants to renew its Professional Account Services packet at a later date than the original "expiration date", the renewal date will be the original "expiration date"; and the new 1-year active period and the new expiration date will be calculated accordingly.
All of your Free Account Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before you used all your prepaid licenses and/or complete your analyses, your cancellation will take effect immediately and you will not be able to complete your analyses, and get a refund for your unused licenses.
Models by Toggles, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Models by Toggles service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and all Content in your Account. Models by Toggles reserves the right to refuse service to anyone for any reason at any time.
Models by Toggles reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
The Company may change prices of all Services, including but not limited to annual Professional Account fees to the Service, at any time without prior notice. Price changes will be provided by posting the new prices to the Models by Toggles site (ModelsByToggles.com), the Service itself, or through email communication with existing account holders. Such price chances shall be only applicable to new license purchases that occur after the price chance; any licenses that were purchased prior to price chance will still be valid.
Models by Toggles shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
The Models by Toggles brand, its web site located at www.modelsbytoggles.com, and all associated sites linked to www.modelsbytoggles.com by Models by Toggles, its subsidiaries and legal affiliates (collectively, the “Site”) is the property of Models by Toggles, LLC. The Models by Toggles brand, its web site, and its Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Any third party brand and web site that owns a Models By Toggles Professional Account and provides a direct link on its web site to Models By Toggles owned web sites through sub-domain names as part of the Professional Account Service it is receiving from Models By Toggles are owned and operated by, and under the responsibility of the respective third party. Models By Toggles does not claim any rights or accept any responsibilities for such third party’s legal rights, responsibilities, usage and services it provides as an intermediary associated with or through the use of web sites owned or Services provided by Models By Toggles.
The work logic, design, look, and feel of the Services, including all features and functionalities, associated websites, web pages and user interfaces, as well as other content associated with our service are copyright©2014 and 2016 Models by Toggles, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Models by Toggles.
Your use of Models by Toggles and its Services does not provide any legal right or interest in any intellectual property used in connection therewith, or derived there from or any text or other content posted in connection therewith, including without limitation any copyright, for which all rights are reserved by Models by Toggles.
We claim no intellectual property rights over the data and/or other material you provide to the Service or any content such as workspaces, models, scenarios, analyses, reports, templates, and etc. you created using the Service. Your profile, your account and all of its content remain yours.
The Company will not share, disclose, sell, lease, modify, delete or distribute any data provided by You or any content you created in any manner without your explicit consent.
Models by Toggles does not give professional advice. Unless specifically included with the Services, Models by Toggles is not in the business of providing legal, financial, accounting, tax, planning, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. Models by Toggles has no responsibility for any failure or error in its Services, including without limitation, any interrruption, omission, mistake, malfunction, or delay related thereto. Models by Toggles makes no representation, claim, or provides no guarantees that any data posted or any outcome obtained or generated using the Services is suitable or intended for any particular purpose or use.
Models by Toggles does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
Although Models by Toggles has endeavored to create secure, accurate, and reliable Service, the confidentiality, accuracy, or security of any communication transmitted or accessible over the internet cannot be guaranteed. Accordingly, Models by Toggles and its subsidiaries and affiliates are not responsible for errors, omissions, mistakes, malfunction or for the security of any information transmitted or accessed using the internet. Actual or attempted unauthorized use of the Services or related work products may result in criminal and/or civil prosecution.
You expressly understand and agree that Models by Toggles shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Models by Toggles has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
Models by Toggles reserves the right in its sole discretion to prevent any user from accessing its website(s) in connection with its Services.
The failure or delay of Models by Toggles to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Models by Toggles, and govern your use of the Service, superseding any prior agreements between you and Models by Toggles (including, but not limited to, any prior versions of the Terms of Service). Models by Toggles shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and properly signed by Models by Toggles. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
Technical and customer support is only provided to Professional Account owners and is only available via email. On a limited basis, at its sole discretion Models by Toggles might provide exceptions to its technical and customer support commitments from time to time, in certain situations, and in a case by case basis. Provision of such limited technical support services does not mean or warrant that such or similar support will be provided to any or all accounts, users, in the future, or on an ongoing basis.
You understand that Models by Toggles uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Services, Models by Toggles, or any other Models by Toggles service offerings.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Models by Toggles.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Models by Toggles customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the Service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of our Service and the Internet. MODELS BY TOGGLES DOES NOT PROMISE THAT THE SERVICES, OUR SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ANY AND ALL SERVICES PROVIDED BY US TO YOU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, SERVICES, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MODELS BY TOGGLES FOR DISSATISFACTION WITH THE SITE, SERVICES, OR ANY CONTENT IS TO STOP USING THE SITE, SERVICES, OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR WEBSITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE, THE SERVER(S) ON WHICH OUR WEBSITE IS HOSTED OR OUR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the Service, including but not limited to claims relating to faulty, malfunctioning or inoperable Service.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Models by Toggles reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, Site, or any portion of the Site, for any reason; (2) to modify or change the Services Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Services, Site, or any portion of the Services and the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
MODELS BY TOGGLES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFIT, REVENUE OR DATA WHICH ARISE FROM OR IS RELATED TO THE USE OF THE SERVICES PROVIDED TO YOU THEREUNDER. IN ADDITION YOU AGREE TO INDEMNIFY AND HOLD MODELS BY TOGGLES HARMLESS FROM ANY ACTIONS, CLAIMS, DAMAGES, LIABILITIES OR LOSSES ARISING FROM OR RELATED TO THE USE OF THE SERVICES.
Limitation of Liability. IN NO EVENT WILL WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“INDEMNIFIED PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL INDEMNIFIED PARTIES COLLECTIVELY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR USE OUR WEBSITE, OUR SERVICES OR OUR MATERIALS. YOUR USE OF OUR WEBSITE AND ANY MATERIALS PROVIDED THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the Service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.
Errors. A possibility exists that our website, services or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via our contact information provided on our “Contact” page of the website with, if possible, a description of the material to be checked and the location (URL, page title or similar as appropriate) where such material can be found on our website.
Indemnity. You agree to indemnify and hold Models by Toggles, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Models by Toggles by any third party due to or arising out of or in connection with your use of the Services.
Violation of any of the terms above will result in the termination of your Account and all of its content.
Models by Toggles reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Updates or changes to the terms and conditions of the Services will be effective when posted on this site. You can review the most current version of the Terms of Service at any time at: http://www.ModelsByToggles.com/Terms-of-Service.
If you have any questions regarding this Agreement or if you wish to discuss the terms of service contained herein please contact Models By Toggles using the contact details at our contact page.