Welcome to A Simple Reminder..
We are committed to providing the best possible value and convenience for you. Before you get started, you must read and agree to these Terms of Service. Thank you.
Acceptance of Terms of Service
By using A Simple Reminder ("ASR," "aSimpleReminder", "we" or "us") aSimpleReminder Services (collectively, the "ASR Service"), you accept and agree to be bound by these Terms of Service. ASR may at any time modify these Terms of Service. You can review the most current version of it by clicking on the "Terms of Service" link located at the bottom of the ASR website, aSimpleReminder.com. The most current version will supersede all previous versions. By continuing to use the ASR Service after changes are made, you agree to be bound by such changes.
Limitations on Use
You must be at least 13 years old to use the ASR Service, or, if you are not at least 13, you may download and/or use the ASR Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not use the ASR Service.
ASR and/or its licensors are the sole owners of the ASR Service, which includes any software, domains, and content made available through it. The ASR Service is protected by U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and ASR grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the ASR Service without ASR's prior express written permission. Any unauthorized use of the ASR Service will terminate the limited license granted by us. ASR, ASR Express and other marks, graphics, logos, icons and service names related to the ASR Service are registered and unregistered trademarks or trade dress of ASR Inc. They may not be used without ASR's prior express written permission. All other trademarks not owned by ASR that appear in connection with the ASR Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by ASR.
By using the ASR Service, you consent to receiving electronic communications and notices from ASR. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By downloading and using the ASR Service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the ASR Service. You also agree not to interfere with the servers or networks connected to the ASR Service or to violate any of the procedures, policies or regulations of networks connected to the ASR Service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the ASR Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the ASR Service; (3) use the ASR Service for any unlawful purpose; or (4) resell or export the software associated with the ASR Service.
ASR does not promote, recommend or condone use of the ASR Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the ASR Service during such activities.
Third Party Offers
The ASR Service may contain links to third party web sites or programs that are not controlled by or affiliated with ASR. ASR is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honor any offer. Your dealings with third party sites are solely between you and the applicable third party.
Charges for Using the ASR Service
When you use the ASR Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
ASR Text Message (SMS) Service and Mobile Marketing Services
Use of Information Submitted, You agree that ASR is free to use any comments, information or ideas contained in any communication you may send to ASR without compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the ASR Service or other products or services.
No Warranty & Liability Limit
ASR PROVIDES THE ASR SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. ASR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. ASR assumes no liability or responsibility for any errors or omissions in the ASR Service; any failures, delays or interruptions in the ASR Service; any losses or damages arising from the use of the ASR Service, including, without limitation, any damage to your mobile device; or any conduct by users of the ASR Service. We reserve the right to deliver the ASR Service in our sole and absolute discretion.
IN NO EVENT SHALL ASR, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ASR SERVICE OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some states do now allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
You agree to indemnify and hold ASR and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the ASR Service or your violation of any law or the rights of any third party.
1. Governing Law
YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND ASR arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the ASR Service, ASR's advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF VIRGINIA.
2. Binding Arbitration
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND ASR, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "ASR") arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Service), the ASR Service, ASR's advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and ASR. NEITHER YOU NOR ASR SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the ASR Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Right to Terminate
ASR reserves the right in its sole discretion to terminate or restrict your use of the ASR Service, without notice, for any or no reason whatsoever.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and ASR with respect to the subject matter hereof.
If you have any questions about these Terms of Service or the download and/or use of the ASR Service, please contact us at: helpdesk@aSimpleReminder.com