1. Introduction – General Terms of Use
Welcome to marianneleyton.com! This website is owned and operated by DHARMA Transformational Solutions. We appreciate your use of our services and products (“Services”). The Services are provided by marianneleyton.com (the “Site”), located in the city of Bisbee, Arizona, and hosted by SiteGround on their servers located in the United States of America. This document constitutes the terms and conditions of use under which the Site provides the Services. By using the Site and our Services, and accessing the information, resources, services, products, and tools we provide, you understand and agree to be bound by the following terms and conditions as stated in this Agreement (“Terms and Conditions”), and use the Site in accordance with these Terms and Conditions. Please read them carefully.
Our Site is accessible free of charge to users of the World Wide Web, subject to the express condition that all such users agree to be bound by the terms and conditions outlined in this Agreement. As we reserve the right to change these Terms and Conditions any time, you are responsible to consult the current version (rather than a cached version) of this agreement on each visit to the Site. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified.
These Terms and Conditions were last revised on December 6, 2020.
2. The Site Does Not Provide Professional Psychological or Medical Advice
The contents of the Site (“Content”) – such as text, images, graphics, information obtained from the Site’s licensors and other material – is for informational purposes only and is not intended to serve as professional psychological or medical advice. You acknowledge that the information on the Site is provided “as is” for general information only. It should not be relied upon as a substitute for consultations with qualified professionals who are familiar with your individual needs.
The Site contains health or medically related materials, including information about women’s and men’s reproductive and sexual health issues that you may find sexually explicit or otherwise offensive. It may not be suitable for children or other sensitive people. You are solely responsible for compliance with the laws applicable to your domicile.
The Content has not been evaluated by any medical or psychological organization and is not intended to be a substitute for professional, medical or psychological advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical or psychological condition. You should seek medical attention before undertaking any diet, exercise or other health program described on the Site. The Site does not recommend self-management of one’s health care. Reliance on any information provided by or via the Site is solely at your own risk.
Information obtained by using the Site is not exhaustive and does not cover all diseases, ailments, physical or psychological conditions or their treatment. The Content provided on the Site is compiled from numerous sources. The Site and its directors, officers, employees, licensors, suppliers, agents, affiliates and independent contractors, do not directly or indirectly practice medicine or psychology, nor provide medical or psychological services as part of the Site. Should you have any health care-related questions, please call or see your physician or other health care provider promptly. You should never disregard medical or psychological advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical or psychological emergency, call your doctor or mental health practitioner immediately.
3. Using Our Site and Services
You can use our Services provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site and the Services in any medium without the appropriate prior written authorization; (iii) you will not alter or modify any part of the Site and the Services; and (iv) you will otherwise comply with these Terms and Conditions.
Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. You must follow any policies made available to you within these Services.
Do not misuse our Services, interfere with our Services, or try to access them using a method other than the interface and the instructions provided. You may use our Services only as permitted by these Terms & Conditions, and the international laws for commerce and electronic commerce regulations. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. We may suspend or stop providing our Services to you if you do not comply with or if you violate our terms or policies, or if any investigation of suspected misconduct is engaged. Your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
4. Your Acceptance of Our Terms of Use and Privacy Policy
Your use of and/or visitation to the Site signifies your agreement to (1) these Terms and Conditions and (2) our privacy notice (the “Privacy Policy”). Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that the Site can use such data in accordance with our privacy policies. If you do not agree to any of these Terms and Conditions or Privacy Policy, please do not use our Site. In its sole discretion, the Site may modify or revise these Terms and Conditions, and its Privacy Policy at any time, and you agree to be bound by such modifications or revisions. If you have any question or concern regarding our Privacy Policy, please contact us at support@marianneleyton.com.
5. Ability to Accept Terms and Conditions of Use
You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions.
6. Intellectual Property Notice
Using our Services does not give you ownership of any intellectual property rights regarding our Services or the content you access. You may not use content from our Services unless you obtain permission from its rightful owner or as permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
All content on the Site, including, without limitation, all newsletters, e-newsletters and other materials distributed via the Site, including but not limited to text, graphics, logos, icons, video or audio clips, is copyrighted by and proprietary to marianneleyton.com, to our affiliates or licensors, and is properly licensed for use herein.
All content on the Site is protected by copyright and other intellectual property laws under both federal and international copyright laws, containing trademarks and other proprietary information. All rights in and to such content are reserved to marianneleyton.com or its licensors. Reproduction of any content, in whole or in part, without permission is prohibited.
Such content may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used, in whole or in part in any manner
We will consider requests to authorize more extensive use of any information or materials available on the Site for non-commercial or educational purposes. Any such request must be in writing to contact@marianneleyton.com. We reserve the right to reject any such request. If the authorization is granted, you must adhere to any and all restrictions provided in our written consent and provide proper attribution and/or copyright notice.
7. Our Limited License to You
In your use of the Site, you will comply with these Terms and Conditions and all applicable local, national, and international laws and regulations.
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Site. You agree not to copy, modify, reproduce, republish, upload, post, transmit, display, translate, participate in the transfer or sale, create derivative works, exploit, or distribute in any manner or medium the Content from the Site (including by email or other electronic forms), in whole or in part, without the express written permission of the Site.
However, you are allowed to share the Content from the Site through social media, such as Facebook, Instagram, Pinterest, Twitter and others, when such content is accompanied by social share buttons.
In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any changes in or deletion of author attribution, trademark legend or copyright notice.
You agree not to access the Content for any commercial use without the prior written authorization of the Site. Prohibited commercial uses include, but are not limited to, any of the following actions taken without the Site’s express approval:
- Posting on or transmitting through the Site any material containing advertising or any solicitation concerning to products or services;
- Advertising or performing any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services that compete, directly or indirectly, with the Site;
- Selling of access to the Site or its related services on another website; and/or
- Utilizing the Site or its related services for the primary purpose of gaining advertising or subscription revenue.
You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software 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 Site.
You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies or regulations of networks connected to the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site (e.g., comments, email, and others) for any commercial solicitation purposes.
You agree that the Site shall have the right, but not the obligation, to monitor the content of the website and to remove any material that the Site, in its sole discretion, finds to violate the provisions herein or otherwise objectionable.
You agree that the Site reserves the right to discontinue any aspect of the Web site at any time.
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, 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 of our material, content or intellectual property.
8. Registration
You may be asked to register with us on the form provided (Opt-in form) and such registration may require you to provide personally identifiable information such as your name and email address. In addition, to access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
9. Electronic Communications
By registering or establishing an account with the Site, you consent to receive electronic communications by email and other media from marianneleyton.com. These communications will include information related to the Site and/or our Services, and notices about your account. These communications are part of your relationship with the Site and you will receive them after registering with us or as part of your account membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing, audio, and video.
We may also send you administrative messages, and other information when in connection with your use of the Services. You may unsubscribe (opt out) of communications where the system features allow.
Services presented on mobile devices should be used with caution, and not in a way that distracts you and prevents you from obeying traffic or safety laws.
10. Posting Comments and Interacting with Other Users
This Site may include a variety of features, such as bulletin boards, web logs, comment fields, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. You are solely responsible for your interactions with other Users. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do encourage positive and constructive interactions.
It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity while using the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to conduct yourself in a vulgar or offensive manner while using the Site. You agree that CNI may reject any User Submissions for any reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at the Site’s sole discretion, or content protected by third-party proprietary rights, including but not limited to copyright, trademark or publicity rights.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any material which violates or infringes in any way upon the rights of others, which (in the Site’s sole discretion) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, or which otherwise violates any local, state, national or international law or regulation.
- Use the Site to post, upload or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder. The burden of determining that any material is not protected by copyright or other proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
- Purchase, download or copy any products or services from this site and use to pirate said content.
Any user failing to comply with these Terms and Conditions may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. We reserve the right to administrate and approve all users’ comments and posts (newsfeed posts) published in our blog and forums, as well as altering any user-created content at any time for any reason. We will remove any comments considered inappropriate, offensive, discriminative or immoral. We do encourage positive and constructive interactions.
Our Site expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of our Site or affiliates.
Our Site has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Site. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves, our clients, sponsors, users and visitors.
11. User Submissions and Contributions
Any information provided when you join our community through an opt-in form is subject to our Privacy Policy. Beyond that information, any e-mail or other communications or content you send to any part of the Site, our Facebook Page, Twitter, Instagram or Pinterest accounts, and any other social media is non-confidential for all purposes.
“User Submissions” include all forms of information or material uploaded or communicated in any manner by users to the Site, social media or any other online source, including, but not limited to, blog entries, questions, comments, reviews, participation in forums, photos, audios, and videos.
By posting or submitting any material to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 18 years of age or older. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.
In addition, when you submit or post any material, you are granting us – or warrant that the owner of such content has expressly grants our Site, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You also hereby grant each user of the Site, our Facebook, LinkedIn, Twitter, Pinterest and Instagram accounts, and any other social media or other online source a non-exclusive license to access your User Submissions through the Site and its social media accounts or any other online source, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site, social media accounts or any other online source and under these Terms and Conditions.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
The Site does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Site expressly disclaims any and all liability in connection with User Submissions. The Site does not permit copyright infringing activities and infringement of intellectual property rights on the website and will remove a User Submission if properly notified that such User Submission infringes on another’s intellectual property rights.
The Site is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to the Site including, without limitation, postings to the Site, responses to questionnaires, or postings on social media any other online source , without compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Web site or other web sites.
Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against the Site and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is the same as or substantially similar to the idea you sent.
The Site reserves the right to reject, remove or edit User Submissions at any time without prior notice. User Submissions should not be posted that contain: harsh, profane, vulgar or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, or personal attacks; misleading information regarding the origin of the content; or a discussion of the Site’s policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole discretion, for any reason or no reason.
12. Right to Terminate
The Site reserves the right to terminate or restrict your use of the Site and/or our Services, without notice, for any or no reason whatsoever. The Site reserves the right to determine whether a User Submission is appropriate and complies with these Terms and Conditions. The Site may remove such User Submissions and/or terminate a user’s or member’s access for uploading material in violation of these Terms and Conditions at any time, without prior notice and at the Site’s sole discretion.
13. Disclaimer – Links to Other Websites
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. You acknowledge that the Site may provide links to other websites which are not under our control. These links are provided for the convenience of reference only and are not intended as an endorsement or sponsorship of the organization or individual operating such third-party websites or a warranty of any type regarding the website or the information, products or services offered on or through such websites.
In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not the Site. Neither the Site nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, the Site neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized Site representative while acting in his/her official capacity.
The information, products, and services offered on or through the Site and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this Site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on this Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless the Site and its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
14. Advertisements, Product/Service Promotions, and Links to Other Sites
The Site discusses and promotes certain products and/or services of third parties on the website. In many cases, the third-party product and/or service provider will pay the Site a referral fee for purchases made by individuals that are referred to it by our website.
As noted above, the Site makes no representations or warranties regarding the effects or efficacy of these products and/or services, and your use of any product or service that is discussed or promoted via the Site is at your own risk and is subject to these Terms and Conditions. Some of the hyperlinks on the Site may lead to other websites that are not controlled by or affiliated with our Site. Besides, other websites may link to our Site. Unless expressly stated, the Site has not reviewed or endorsed those websites, has no control over them and is not responsible for the content or privacy policies, or practices of any third-party websites.
Additionally, the Site will not and cannot censor or edit the content of any third-party web site. By using our Site, you expressly relieve the Site from any and all liability arising from your use of any third-party website that you visit through the Site. Accordingly, we encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of every other website that you visit.
15. Online Commerce Provided by Third Parties
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or a website linked to by the Site, the information obtained during your visit to that merchant’s online store or website, and the information that you give as part of the transaction, such as your credit card number and contact information, will be collected by the third-party merchant. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that our Site shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
16. Individual Contributors or Third-Party Providers
Our Site may display content from a third-party provider, or individual user/contributor. This content is the sole responsibility of the individual or entity that makes it available. We will review the content to determine whether it is illegal or it violates our policies. All content published in the Site should comply with our Privacy Policy, Terms and Conditions, and Publishing Guidelines.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by you or third parties on the Site are those of the respective authors or producers and not of the Site, or its shareholders, directors, officers, or employees. Under no circumstances shall the Site, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Site.
17. Our Warranties and Disclaimers
The Services of the Site are provided on an “as is” and “as available” basis. Other than as expressly set out in these Terms and Conditions or additional terms, neither the Site nor its suppliers or distributors make any specific promises about the Services. The Site does not make any commitments about the content within the services, the specific functions of the services, their reliability, availability or ability to meet your needs.
The Site does not warrant, guarantee or assume the responsibility for any product or service advertised or offered by a third party through the Site service or any hyperlinked website or service, and the Site will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
18. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall the Site or its shareholders, directors, officers, employees or affiliates be liable for any direct, indirect, incidental, special or consequential or inconsequential damages that result from the use of, or the inability to use, the Site, including its contents, materials, products or services, or third-party contents, materials, products or services made available through the Site.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Site, any contents, materials, products, or services on the Site, or with any of the Site’s Terms and Conditions. Your sole and exclusive remedy is to discontinue using the Site and its contents, materials, products, and services. This Site is continually under development and we make no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
The User of this Site acknowledges and agrees that no representation has been made by the Site or its shareholders, directors, officers, employees or affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this Site.
Although reasonable efforts have been made to ensure the accuracy of information presented on the Site, all content and links are for information purposes only and are their accuracy cannot be guaranteed. The Site, the content, and any and all services or products promoted through the Site are provided on an “as is” basis. Therefore, the use of the Site, the content and any product or service discussed or promoted through the Site is at your sole risk. When using the Site, information will be transmitted over a medium that is beyond the control and jurisdiction of the Site and its suppliers.
19. Liability of Our Products and Services
When permitted by law, the Site and the Site’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of this Site, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us for the products or services.
In all cases, the Site and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
20. Indemnification
You agree to defend, indemnify, and hold harmless Site and its directors, officers, employees, licensors, suppliers, agents, affiliates, and independent contractors from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees and disbursements) arising out of or relating to: (i) your use of the Site and/or any information, services and/or goods purchased or provided via the website; (ii) your inability to access or use, the Site or the information contained in the Site or other websites to which it is linked; (iii) your violation of these Terms and Conditions; (iv) your violation of any third party right, including but not limited to any copyright, property or privacy right; and/or (v) any claim that any of your User Submissions caused damage to a third party. The obligations under this Section will survive these Terms and Conditions and your use of the Site and its Services.
This includes, but is not limited to, information or materials viewed or downloaded from the Site or another website to which it is linked that appear to you or are construed by you to be inaccurate, obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will the owners or contributors of information to the Site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
21. Business Uses of Our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify the Site and its affiliates, officers, agents, contributors, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
22. Governing Law
This website is administrated by DHARMA Transformational Solutions which is located in the city of Bisbee, Arizona. It can be accessed from most countries around the world. As each country has laws that may differ from those of the State of Arizona and the Federal Laws of the United States of America, by accessing our Site, you agree that these statutes and laws, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
23. Revisions to these Terms and Conditions of Use
These Terms and Conditions may be revised, modified, altered or updated by the Site at any time in its sole discretion. Such modified Terms and Conditions shall be effective immediately upon the posting thereof on the Site. Any access to or use of the website by you after such posting shall be deemed to constitute your acceptance of such modified Terms and Conditions.
We may modify these Terms and Conditions or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. We will post notice of modifications to these terms on this page so please review on a regular basis. We will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than seven (7) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these Terms and Conditions and the additional terms, the additional terms will control for that conflict.
These Terms and Conditions control the relationship between the Site and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have, such as taking action in the future.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
24. Additional Considerations
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and the Site by your use of the Site or otherwise. The provisions of these Terms and Conditions which by their sense and context are intended to survive the termination of these Terms and Conditions or your use of the Site shall so survive and continue to bind the parties.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Site without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These Terms and Conditions are for the benefit of the Site, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce these Terms and Conditions directly or on its own behalf.
25. Contacting Us
If you have any questions and concerns regarding these Terms and Conditions, please contact us via the following email: support@marianneleyton.com.
