Terms of service

1: Acceptance of Terms of Service

Maarten Simons Consulting LLC (“M/S/C”) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This website is operated by M/S/C.

By visiting the website site, accessing free content, and/or purchasing services from M/S/C, whether paid for through this site or a separate invoice, you engage in M/S/C’s “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). If you do not accept the terms and conditions listed in these Terms of Use, please do not use the Site.

M/S/C reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to its website. Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2: Services

When purchasing a product or service from M/S/C, you and M/S/C are in an agreement to comply with the deliverables specified either in the service overviews (which M/S/C will provide to you before purchase and are available on this site). It is up to you to read these prior to purchase. If you and your team are not able to comply with the deliverables, call schedule, and timeline outlined on these, M/S/C reserves the right to terminate service and deliver a partial refund, the amount of which is subject to M/S/C’s discretion. In all services M/S/C will also provide a detailed contract that is required to be signed before service commencement.

3: Content, Products and Services Disclaimer

Prices for services offered by M/S/C are subject to change without notice. M/S/C reserves the right to refuse services to you at any point for any reason. M/S/C reserves the right at any time to modify or discontinue or delete any content, products or services (or any part or content thereof) without notice at any time. M/S/C shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products and services.

You expressly agree that your use of, or inability to use, M/S/C’s services is at your sole risk. All services delivered to you through this site are (except as expressly stated by M/S/C) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied. M/S/C is not responsible if information made available on this site or through its services is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions in perpetuity without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

In no case shall Maarten Simons and/or M/S/C be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages arising from your use of any free or paid content, products or services. All content, products, and services are for educational use only. M/S/C does not guarantee increased revenue or results nor should any of the M/S/C website content, products, or services be regarded as legal, tax, financial, medical, or other professional advice. Any results referenced in M/S/C content, products, and services are illustrative only and should not be constituted as a guarantee of future results. M/S/C does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Your decision to follow any financial and/or non-financial recommendations is yours and yours alone.

4: Pricing and Payment

Current pricing is available on request. Pricing is subject to change or increase at any time.

Any possible discounts are offered only as part of a contractual agreement and are never guaranteed. M/S/C reserves the right at any time to modify, discontinue or deny or cancel a discount at any time.

5: Refund Policy

All products and services offered by M/S/C are non-refundable.

6: Third Parties & Affiliates

M/S/C is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or platforms. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

You agree to indemnify, defend, and hold M/S/C, its clients, their respective shareholders, officers, directors, agents, and employees and licensors, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, or your violation of any terms and conditions of these Terms of Service.

The Site may have links, such as hyperlinks or buttons, directing access to third parties web sites (“Linked Sites”). The Linked Sites are not controlled or monitored by M/S/C. M/S/C shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between M/S/C and the owner of the Linked Sites or any endorsement or sponsorship by M/S/C of the Linked Sites. M/S/C includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites. You may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any Site Material, content or intellectual property.

7: Personal Information

Your submission of personal information through the M/S/C site is governed by our Privacy Policy.

8: Errors, Inaccuracies, and Omissions

Occasionally there may be information on the M/S/C site or in its content, products, and services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. M/S/C reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

M/S/C undertakes no obligation to update, amend or clarify information, including without limitation, pricing information, except as required by law.

9: Confidentiality

Confidential information (the "Confidential Information") refers to any data or information relating to the you, whether business or personal, which would reasonably be considered to be private or proprietary to you and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to you or your organization.

M/S/C will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which it has obtained, except as authorized by you or as required by law. The obligations of confidentiality will apply during the term of our work together.

“Confidential Information” means all data and information relating to your business, including but not limited to the following: customer information, intellectual property, marketing and development information, business operations, product information, service information, and accounting information.

10: Intellectual Property

You agree that materials you purchase or access, whether paid or not, including but not limited to digital downloads, products, services, blog posts, graphics, designs, templates, user interface, audio clips, video clips, editorial content, templates and the scripts and software used to deliver our services and products, contains proprietary information and material that is owned by M/S/C, and is protected by applicable intellectual property and other laws, including but not limited to copyright.

You agree that you will not use such proprietary information or materials in any way whatsoever except as instructed for internal strategic use in products and services in compliance with this Agreement. No portion of M/S/C’s products and services may be reproduced in any form or by any means except for internal use when explicitly instructed to do so unless you have written permission from M/S/C. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative work based on M/S/C’s content, products or services in any manner.

11: Disclaimer

Your use of the site is at your own risk. the site is provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by M/S/C to the fullest extent permitted by law. There will not be any representations, warranties or conditions created by a course of dealing, course of performance or trade usage. You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to use the site. The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. the operation of the site may be affected by numerous factors beyond M/S/C’s control. The operation of the site may not be continuous or uninterrupted, secure or private. M/S/C will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by M/S/C to give effect to, or for any failure or delay by M/S/C in receiving, accessing, processing or accepting any communication sent to M/S/C by means of the site or email, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the site or email services. Without limiting the generality of the foregoing M/S/C makes no representation, warranty or condition that: (a) the site will be compatible with your computer and related equipment and software; (b) the site will be available or will function without interruption or will be free of errors or that any errors will be corrected; (c) the site will meet your requirements; (d) the information contained in the site or derived from the site will be accurate, complete, sequential, or timely; (e) certain or any results may be obtained through the use of the site; (f) the use of the site, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms, or other destructive or disruptive components; or (g) the use of the site will not infringe the rights (including intellectual property rights) of any person; and M/S/C disclaims any and all liability regarding such matters to the fullest extent permitted by law.

12: Liability and Limitations of Liability

You agree to assume all risks associated with, arising out of, or resulting from your use of the site or the submission and use of the site and any site materials, including, but not limited to, the risks of financial loss, physical harm, property damages, dealing with other users of the site, strangers, minors, or foreign nationals, and persons acting under false pretense. You further agree to release M/S/C, its shareholders, officers, agents, and employees, harmless from all claims, demands, damages (direct, indirect, and consequential) of any kind or nature, known or unknown, associated with, arising out of, or resulting from your usage of the site, site materials, any transactions related to or resulting from your use of the site. If you are a California resident, you waive California civil code 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You further understand and agree that M/S/C, its clients, their respective shareholders, officers, agents, employees, and suppliers in no event shall be liable for any direct, indirect, consequential, incidental, special damages, or damages for loss of profits, goodwill, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort, or breach or failure of warranty, even if M/S/C has been advised of the possibility of such damages. In the event some jurisdictions prohibit the exclusion of certain warranties, the limitation of liability, or the disclaimer of certain damages, M/S/C’s aggregate liability for any damages shall not exceed U.S. $100.

13: Contact Information
Questions about these terms can be directed to maarten@maartensimonsconsulting.com

14: Updates
These Terms were last updated on May 1, 2019.