Terms Of Use
Last updated: May 11, 2020
Please scroll down & read these Terms and Conditions ("Terms", "Terms and Conditions", "Terms of Use") carefully before using the https://www.bookmodels.com website (the "Service") operated by Carver Property Solutions Inc ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you guarantee that you are above the age of 18, and agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Employment Disclaimer
We do not offer full-time or part-time employment positions or opportunities. Any jobs or positions posted on this site are for 1099 independent contractor positions. You must be legally able to work as a 1099 independent contractor in the US.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and (iii) is not directly or indirectly vulgar, harassing, scandalous, disparaging, pornographic, immoral, obscene, discriminatory, inappropriate, or criminal. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Carver Property Solutions Inc has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Carver Property Solutions Inc or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, scandalous, vulgar or obscene.
Contact Information
You agree that contact information provided to the service becomes Our property upon submission and that we and our affiliated entities may use it in any way for our business purposes (it will never be vulgar, harassing, scandalous, disparaging, pornographic, immoral, obscene, discriminatory or criminal), including with third party entities that may provide related products and services or those that may be of interest to Our Users.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity. Click HERE to read our copyright and DMCA policy.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Carver Property Solutions Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Carver Property Solutions Inc.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Carver Property Solutions Inc
Carver Property Solutions Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Carver Property Solutions Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service, or contact us to request your account be permanently deleted.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Carver Property Solutions Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Carver Property Solutions Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
NOTWITHSTANDING THE ABOVE, UNDER NO CIRCUMSTANCES WILL OUR MAXIMUM AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EXCEED THE TOTAL SUM THAT YOU PAID FOR THE SERVICES, NOR SHALL ANY ACTION BE BROUGHT AGAINST OUR FOR ANY BREACH HEREOF MORE THAN TWELVE (12) MONTHS FOLLOWING THE ACCRUAL OF SUCH CAUSE OF ACTION.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Carver Property Solutions Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. CARVER PROPERTY SOLUTIONS INC.. EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, CARVER PROPERTY SOLUTIONS INC.. MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARVER PROPERTY SOLUTIONS INC.. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CARVER PROPERTY SOLUTIONS INC.. IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. NOTHING IN THIS WEBSITE DISCLAIMER WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT; AND NOTHING IN THIS WEBSITE DISCLAIMER WILL EXCLUDE OR LIMIT CARVER PROPERTY SOLUTIONS INC..'S LIABILITY IN RESPECT OF ANY: DEATH OR PERSONAL INJURY CAUSED; FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF CARVER PROPERTY SOLUTIONS INC..; OR MATTER WHICH IT WOULD BE ILLEGAL OR UNLAWFUL FOR CARVER PROPERTY SOLUTIONS INC.. TO EXCLUDE OR LIMIT, OR TO ATTEMPT OR PURPORT TO EXCLUDE OR LIMIT, ITS LIABILITY.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, OUR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO: (1) THE ACCURACY, ADEQUACY, CORRECTNESS, OR COMPLETENESS OF THE INFORMATION WITHIN THE APPLICATION OR THE SERVICES, INFORMATION, OR NOTIFICATIONS PROVIDED IN CONNECTION THEREWITH; OR (2) THE SECURITY, UNINTERRUPTION, AVAILABILITY, OR ERROR-FREE BASIS OF THE APPLICATION OR THE SERVICES, INFORMATION, OR NOTIFICATIONS PROVIDED IN CONNECTION THERWITH, OR ABILITY TO MEET YOUR REQUIREMENTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RISK THAT YOU TAKE IN USING THE APPLICATION AND THE SERVICES. IN NO EVENT SHALL OUR, ITS AFFILIATES, SUBSIDIARIES, PARENT OUR, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS, WHOLESALERS, INSTALLERS, DEALERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, LEGAL REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR INCIDENTAL OR OTHER DAMAGES, COSTS OF SUBSTITUTE GOODS OR SERVICES, OR LOSS OF PROFITS, DATA, GOODWILL, OR OTHER TANGIBLE LOSSES RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE APPLICATION OR SERVICES OR THE CONTENT THEREIN, INCLUDING, BUT NOT LIMITED TO, THE INABILITY TO ACCESS OR USE THE SERVICES CAUSED BY INTERFERENCE, OBSTRUCTION, OR INTERRUPTION IN SERVICES, EVEN IF OUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, OR LOSSES.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles. The parties agree to the exclusive jurisdiction of, and venue in, the state or federal courts located in Rochester, New York, with respect to any disputes, claims, or causes of action arising out of, relating to, or in connection with this Agreement or your use of the Services, including any disputes relating to the existence or validity of the terms of this Agreement.
Controlling over any contrary provisions herein, you acknowledge that any breach of any provision of this Agreement will cause immediate and irreparable injury to Us, and in the event of such breach, We shall be entitled to seek injunctive relief in a court of law in addition to any and all other remedies available at law or in equity.
YOU AND CARVER PROPERTY SOLUTIONS INC.. HEREBY WAIVE TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY AGAINST THE OTHER ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANYWAY CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE APPLICATION OR SERVICES. The waiver of trial by jury in the immediately preceding sentence is voluntarily and intentionally made by both parties hereto.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.