MARINELLO LEGAL DISCLAIMERS
THE MATERIALS, INFORMATION AND SERVICES PROVIDED IN THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
MARINELLO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE, THE SOFTWARE, THE CONTENT OF THE SITE OR THE SOFTWARE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.
MARINELLO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, DATA OR INFORMATION IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE MARINELLO MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT MARINELLO ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT MARINELLO. MARINELLO UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SERVICES. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.
THE INFORMATION PRESENTED ON THE SITE OR BROADCAST FROM THE SITE WITH WEBSITE SOFTWARE BY MARINELLO FROM MARINELLO PUBLICATIONS, WRITINGS AND/OR THIRD PARTY BOOKS OR WRITINGS IS FOR INFORMATION PURPOSES ONLY AND IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL LEGAL OR FINANCIAL ADVICE WHICH SHOULD BE OBTAINED THROUGH CONSULTATION WITH APPROPRIATE PROFESSIONALS IN YOUR STATE.
Limitation of Liability. IN NO EVENT WILL MARINELLO, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE SITE OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, MARINELLO's TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
1. Fees. Certain aspects of the Services may require or involve sales fees, transaction fees, transmission fees, and other types of fees ("Fees"). By using these aspects of the Services, you consent to the Fees involved and agree that you decided to use the Services with full knowledge of the Fees. A conspicuous notice will be posted near each location on the Site or in the Software where you may incur a Fee, or, at a minimum, such a notice will be posted in a separate agreement to which you agree when you sign up for an aspect of the Services that may cause you to incur a Fee. By sending and receiving text messages, emails, and other communications using the Services, you agree that Marinello is not responsible for the cost of making the communications as may be charged by your cellular telephone carrier, internet service provider, and the like. Any aspect of the Services subject to a Fee is announced prior to your usage of the Services, and by your use of the Services, you take sole responsibility for the Fees involved.
2. Adherence to MMA Guidelines. Marinello adheres to the Mobile Marketing Association's Code of Conduct for Mobile Marketing http://mmaglobal.com/modules/content/index.php?id=5 and Consumer Best Practices Guildelines for Cross-Carrier Content Programs http://www.mmaglobal.com/bestpractices.pdf Therefore, Marinello will not subscribe you to any text messaging program without your choice to opt in to the program. Marinello will also provide clear instructions on how to cancel a subscription to which you have opted in.
3. Services. Marinello provides you with access to a variety of resources, including program and course outlines, collectively called "Services". The Services, are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services.
4. Acceptance of Terms. You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.
Other occasions where Marinello may obtain user information may include (1) when users claim a prize or seek to redeem an incentive offered by us or a third party, (2) when users request assistance through our customer service department, or (3) when users voluntarily subscribe to a service or newsletter provided by Marinello or a third party. Marinello may also obtain user information from public databases.
Web Beacons: Web beacons are electronic images that allow a web site to count users who have visited that page or to access certain cookies. These electronic images, sometimes referred to as "single-pixel GIF" or, can track the effectiveness of a promotional campaign and transfer an individual's unique user identification (often in the form of a cookie) and input and associate updated information into our database.
Marinello includes web beacons in HTML-formatted email messages that are sent to determine whether email messages were opened or acted upon. Generally, any electronic image viewed as part of a web page including an ad banner can act as a web beacon.
Cookies: Cookies are small files placed on user hard drives that allow companies to analyze the quality and effectiveness of web pages, and identify users with corresponding information in databases. Users are typically free to decline cookies, although this may limit the use and functionality of a web page's features.
Credit Card Information: Marinello may collect user credit card information, including without limitation billing addressees and expirations dates (collectively "credit card information") when users place an order with Marinello or any of its affiliates or subsidiaries through their website. Users' credit card information will be encrypted and protected with SSL encryption software. Marinello will use users' credit card information for processing and completion purchase transactions, and will disclose such information to third parties only when necessary to complete the purchase transaction.
Marinello's Use of Information Obtained: With the exception of a change in control of our company or the sale of substantially all of the Company's assets, Marinello will not rent, sell or license users' personal information to any third party, without first notifying users via email of our intent to take such action and allowing users to remove their information from the transfer. Marinello uses individual information to provide promotional offers to users through email advertising, telephone marketing, post mail, and other means of communication. Marinello reserves the right to use user information for any legally permissible purpose.
Summary Data: Marinello may sell, transfer or share non-individual information in the form of a summary of responses and information without identifying specific individuals or groups.
Solicited Email: Marinello does not send unsolicited email messages to users. Marinello will send email messages to users if users have agreed on one of Marinello or third party's Website to receive messages from Marinello, or if the user has agreed from a third party website to receive messages. Users may receive multiple messages from Marinello or a third party in one day.
How to Unsubscribe: Users who wish to unsubscribe from a particular offer should follow the instructions that are at the end of each email message. To unsubscribe from all offers, users must send an email to email@example.com.
Storage Information: Marinello stores information on a database on computers in the United States. Procedural and technical safeguards are continuously employed and updated to ensure the protection against the loss, misuse or alteration of information under Marinello control including encryption, firewalls and secure socket layers and other technology. While Marinello cannot guarantee that user data will not be accessed illegally, Marinello appreciates the sensitivity and confidentiality of user data and employs various security techniques to reduce the chances of, and prevent, unauthorized access by users both inside and outside of the company.
Unsubscribe Procedure: Users may unsubscribe from a particular list, either (1) following instructions in each promotional message sent by us, or (2) send an email to firstname.lastname@example.org.
More Information: If you have questions about this policy, please contact us at email@example.com WE RESERVE THE RIGHT TO UPDATE THIS POLICY WITHOUT NOTICE. USERS SHOULD REVIEW THIS POLICY FREQUENTLY. TO BE NOTIFIED OF POLICY CHANGES VIA EMAIL, PLEASE CLICK HERE.