If i’m honest, I don’t read the legal blah blah either. If you’re here to actually read this, you are a special kind of person and yippee for one of the many benefits of your OCD. Petty Patty (my attorney who is also a bit extra on the detail-orientation) is happy you’re here. She would also like to let the copycats know, be sure you consult your own legal advisor, to cover your own buttocks, as this legal blah blah was written to specifically cover my buttocks. Enjoy!
(In all seriousness. It is ALWAYS wise to read the legal blah blah.)
1. NOTICE/ACCEPTANCE OF TERMS
2. ACCESS TO THE SITE
In order to use the Sites, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on these Sites may be limited or unavailable for reasons which may include, without limitation, system performance. The Company makes no representations, warranties or assurances as to the availability of the Sites.
3. RESTRICTIONS ON USE
You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on these Sites, for other than your personal information.
Without limiting the generality of the foregoing, you may not:
1. include such content in or with any product or service that you create or distribute;
2. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Sites, use of the Sites, or access to the Sites;
3. establish: (i) a hyperlink, including a deep link, to any page or location on the Sites; or (ii) a frame containing any portion of the Sites, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;
4. copy such content onto your or any other Web site or publication; or
5. direct any other person to do any of the foregoing.
Nothing in this Agreement shall be construed as conferring any right under any intellectual property of the Company, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.
4. INTELLECTUAL PROPERTY
All the Company’s trademarks that appear on the Sites are the exclusive property of the Company. The trademarks, trade names, trade dress and associated products and services represented on this Sites are protected under United States and international law and their display on this Sites does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of the Company or the relevant trademark owner is strictly prohibited.
Any third party trademarks mentioned on this Sites which are not those of the Company are the trademarks of their respective owners. The display of these trademarks or trade names on this Sites does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third party trademarks is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Sites by any person may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.
5. MODIFICATIONS TO SITE
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Sites (or any part thereof) from time to time, for any or no reason and without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites. The information and materials contained on the Sites are subject to change. The Company endeavors to keep the information posted on this Sites current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.
6. THIRD PARTY LINKS AND ADVERTISING
This Sites may provide links or references to other sites. If the Company has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that the Company is connected with, operates or controls these web sites.
The Company makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. The Company disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that the Company endorses the content of such sites. Where the Company is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
The Company takes no responsibility for third party advertisements which are posted on this Sites, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Sites, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of the Company. You agree that the Company shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify the Company and its affiliates from and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to this Sites, you must contact the Company before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Sites or the Company, including its respective employees, agents, directors, officers and shareholders.
7. DISCLAIMER OF WARRANTIES
Except as expressly provided otherwise, the Company disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. The Company disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
Any communications sent to you via this Sites or otherwise from the Company (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Sites (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard. Your financial circumstances and tax situation is unique. Therefore, you should independently consult a lawyer or tax advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
8. LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. INFORMATION COLLECTED BY THIRD-PARTIES.
We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with our website. Our website does not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.
1. Governing Law. This Agreement shall be governed by the laws of the California, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith.
2. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of the Company, which are not included in this Agreement, shall be binding on the Company or its affiliates.
3. Amendments. Neither you nor the Company may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of the Company. However, the Company may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Global Terms of Service Agreement regularly for any modifications.
4. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and the Company. The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
5. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
6. Miscellaneous. This Agreement shall inure to the benefit of the Company and its subsidiaries and affiliates. Any and all references in this Agreement to the Company and its affiliates shall, where the context so permits, include the Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site.
7. Assignment. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
Please contact us if you have any questions or concerns regarding these terms.
This privacy notice applies to all sites in the Maria & Co. network, including but not limited to www.mariamcdavis.com and all websites or properties within our network. All updates to this policy are amended at the bottom of this page, with time-date reference for your convenience.
INFORMATION COLLECTION AND USE
Maria & Co. is the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.
YOUR ACCESS TO AND CONTROL OVER YOUR INFORMATION
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website.
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
These guidelines are for Maria & Co. (M&CO) licensees, authorized resellers, developers, customers, and other parties wishing to use the M&CO and all other trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging.
Use of the M&CO logo, copyrighted materials (et al.) for commercial purposes without the prior written consent of M&CO or authorized agent, may constitute trademark infringement and unfair competition in violation of federal and state laws.
Use of M&CO trademarks may be prohibited, unless expressly authorized.
M&CO’s trademarks, service marks, trade names, and trade dress are valuable assets.
In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities.
By using a M&CO’s trademark, in whole or in part, you are acknowledging that M&CO is the sole owner of the trademark. The goodwill derived from using any part of a M&CO’s trademark exclusively inures to the benefit of and belongs to M&CO. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise.
AUTHORIZED USE OF TRADEMARKS
1. Advertising, Promotional, and Sales Materials: Only M&CO and its authorized resellers and licensees may use the M&CO Logo or name in advertising, promotional, and sales materials excluding advertising through the Google, Google Adwords, Facebook, Facebook Advertising platforms.
Regarding Google, Google Adwords, Facebook and Facebook Advertising platforms–all uses of M&CO trademarks, graphic symbols, logos, and icons must be granted express, written permission. Before use, all requests for permission should be submitted to email@example.com
UNAUTHORIZED USE OF TRADEMARKS
1. Company, Product, or Service Name: You may not use or register, in whole or in part, M&CO trademark, including M&CO-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically granted by express written permission.
2. M&CO Logo and M&CO-owned Graphic Symbols: You may not use the M&CO Logo or any other M&CO-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any other purpose except pursuant to an express written trademark license from M&CO.
3. Variations, Takeoffs or Abbreviations: You may not use any variation of the M&CO logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a M&CO trademark for any purpose.
4. Disparaging Manner: You may not use a M&CO trademark or any other M&CO-owned graphic symbol, logo, or icon in a disparaging manner.
5. Endorsement or Sponsorship: You may not use any M&CO trademark, including M&CO-owned graphic symbols/logos, or icons, in a manner that would imply M&CO affiliation with or endorsement, sponsorship, or support of a third party product or service.
6. M&CO Trade Dress: You may not imitate the distinctive M&CO packaging, web site design, logos, or typefaces.
7. Slogans and Taglines: You may not use or imitate a M&CO slogan or tagline.
8. Domain Names: You may not use an identical or virtually identical M&CO trademark as a second level domain name.
DEPICTIONS OF PRODUCTS
1. Endorsement or Sponsorship: M&CO does not support the use of its logos, company names, product names, or images of M&CO products by other parties in marketing, promotional or advertising materials as their use may create the perception that M&CO endorses or sponsors the product, service or promotion.