MarCateers Terms of Service

Last updated July 24, 2023

Agreement to Our Legal Terms
We are MarCateers (“Company,” “we,” “us,” or “our”), a company registered in Florida, United States at 1317 Edgewater Dr #788, Orlando, FL 32804. We operate the website marcateers.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (collectively, the “Services”). Our mission is to provide outsourced marketing under one roof, helping businesses level up and scale with our elite marketing teams.

You can contact us by phone at (+1)877-986-2753, by email at Contactus@marcateers.com, or by mail at 1317 Edgewater Dr #788, Orlando, FL 32804, United States.

These Terms of Service (“Legal Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and MarCateers, concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agree to be bound by all of these Legal Terms. IF YOU DO NOT AGREE with all of these Legal Terms, YOU ARE PROHIBITED from using the Services and must discontinue use immediately.

We will provide prior notice of any material changes to these Legal Terms. Updated Legal Terms will become effective seven (7) days after such notice. By continuing to use the Services after the effective date of any changes, you agree to the revised terms. If you disagree with changes to the terms, you may terminate your use of the Services as described in the section titled “Term and Termination.”

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. OUR SERVICES

The information provided through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate law or regulation or would subject us to any registration requirement within such jurisdiction or country. Anyone who chooses to access the Services from other locations does so on their own initiative and is responsible for compliance with local laws, if and to the extent local laws apply.

The Services are not tailored to comply with industry-specific regulations (such as HIPAA, FISMA, etc.). If your interactions would be subject to such laws, you may not use the Services. You may also not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or other financial privacy laws.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property. We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). The Content and Marks are protected by copyright, trademark, and other intellectual property and unfair competition laws. The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services. Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section above, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in these Legal Terms, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in these Legal Terms, please send your request to Contactus@marcateers.com. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owner or licensor of the Services, Content, or Marks and ensure that any copyright or proprietary notice remains visible. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of this Intellectual Property Rights section will constitute a material breach of these Legal Terms and result in immediate termination of your right to use our Services.

Your submissions and contributions. Please review this section and the “Prohibited Activities” section carefully before using the Services to understand the rights you grant us and the obligations you have when you post or upload any content through the Services.

  • Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in those Submissions. You agree that we shall own your Submissions and have the right to use and disseminate them for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

  • Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, or other interactive features, and may provide you the opportunity to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, videos, audio, photographs, music, graphics, comments, reviews, ratings, suggestions, or personal information or other material (“Contributions”). Any Submission that is publicly posted will be treated as a Contribution. You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks, and logos). Specifically, by posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), distribute, and prepare derivative works of such Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, and to sublicense the foregoing rights. This use and distribution license applies to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and any of the trademarks, service marks, trade names, logos, or personal and commercial images you provide.

You waive all moral rights in your Contributions, and you warrant that no moral rights have been asserted in your Contributions. We do not claim any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property or other proprietary rights associated with them. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions, and you expressly agree to exonerate us from any liability and refrain from any legal action against us regarding your Contributions.

We have the right, in our sole discretion, to: (1) edit, redact, or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) pre-screen or delete any Contributions at any time and for any reason without notice. We have no obligation to monitor your Contributions.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant the following:

1) All registration information you submit will be true, accurate, current, and complete.
2) You will maintain the accuracy of such information and promptly update it as necessary.
3) You have the legal capacity to agree to these Legal Terms, and you will comply with them.
4) You are not a minor in the jurisdiction in which you reside.
5) You will not access the Services via automated or non-human means (whether through a bot, script, or otherwise).
6) You will not use the Services for any illegal or unauthorized purpose.
7) Your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register an account to use certain Services. You agree to keep your account password confidential and accept responsibility for all activities that occur under your account and password. We reserve the right to remove, reclaim, or change any username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

We accept the following forms of payment: Visa, American Express, MasterCard, and Discover.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update your account and payment information (including email address, payment method, and payment card expiration date) so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as required. We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases, including any applicable shipping or handling fees, and you authorize us to charge your chosen payment provider for any such amounts when you place an order. If your purchase is part of a subscription with recurring charges, you consent to our charging your payment method on a recurring basis (for example, monthly) without requiring your prior approval for each charge, until you cancel the subscription. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We also reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions can include orders placed under the same customer account, the same payment method, and/or orders using the same billing or shipping address. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. FREE TRIAL

We may offer a one-time free trial period (for example, 15 days) to new users who register for certain Services. If you do not cancel before the end of the free trial, your account will be charged according to the subscription plan you selected at the time of sign-up, beginning at the end of the trial period.

7. CANCELLATION

You can cancel your subscription at any time by contacting us using the contact information provided at the end of these Legal Terms. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, please email us at Contactus@marcateers.com or call us at (+1)877-986-2753.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us. As a user of the Services, you agree that you will not engage in any of the following prohibited activities:

  • Data Harvesting: You agree not to systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

  • Deception: You agree not to trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Security Interference: You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services or any Content contained therein.

  • Negative Impersonation: You agree not to disparage, tarnish, or otherwise harm us and/or the Services (as determined by us, in our opinion).

  • Harassment: You agree not to use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Abuse of Support: You agree not to make improper use of our support services or submit false reports of abuse or misconduct.

  • Illegal Use: You agree not to use the Services in a manner inconsistent with any applicable laws or regulations.

  • Unauthorized Framing/Linking: You agree not to engage in unauthorized framing of or linking to the Services.

  • Malicious Code: You agree not to upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material (including excessive use of capital letters and spamming — i.e., continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Services, or that alters, damages, disrupts, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • Automated Use: You agree not to engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining tools, robots, or similar data gathering and extraction tools.

  • Removing Notices: You agree not to delete the copyright or other proprietary rights notice from any Content.

  • Impersonation: You agree not to impersonate another user or person, or use the username of another user.

  • Spyware: You agree not to upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation clear GIFs (also known as web beacons or pixels), cookies, or other similar devices sometimes referred to as “spyware” or “passive collection mechanisms.”

  • Interference: You agree not to interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

  • Harassing Our Staff: You agree not to harass, annoy, intimidate, or threaten any of our employees or agents who are providing any portion of the Services to you.

  • Bypass Measures: You agree not to attempt to bypass any measures designed to prevent or restrict access to the Services or any portion of the Services.

  • Copying Software: You agree not to copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Reverse Engineering: You agree not to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as permitted by applicable law.

  • Automated Systems: You agree not to use, launch, develop, or distribute any automated system, including without limitation any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software (except as may be the result of standard search engine or Internet browser usage).

  • Purchasing Agents: You agree not to use a buying agent or purchasing agent to make purchases on the Services.

  • Unauthorized Use of Services: You agree not to make any unauthorized use of the Services, including collecting usernames or email addresses of other users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Competing with Us: You agree not to use the Services or Content as part of any effort to compete with us, or to otherwise use the Services and/or Content for any revenue-generating endeavor or commercial enterprise.

Any use of the Services in violation of the above Prohibited Activities is a breach of these Legal Terms and may result in suspension or termination of your rights to use the Services.

9. USER GENERATED CONTRIBUTIONS

The Services may invite you to contribute content (for example, through forums, message boards, or social media features) and may allow you to create, submit, post, or share content and materials with us or on the Services (“Contributions,” as defined above). Any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that all of the following are true:

a. The creation, distribution, transmission, public display, or performance of your Contributions, as well as the accessing, downloading, or copying of your Contributions, do not and will not infringe the proprietary rights of any third party, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
b. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users of the Services to use, your Contributions in any manner contemplated by the Services and these Legal Terms.
c. You have the written consent, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness in your Contributions in any manner contemplated by the Services and these Legal Terms.
d. Your Contributions are not false, inaccurate, or misleading.
e. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
f. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
g. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
h. Your Contributions are not used to harass or threaten (in the legal sense) any other person and are not used to promote violence against a specific person or class of people.
i. Your Contributions do not violate any applicable law, regulation, or rule.
j. Your Contributions do not violate the privacy or publicity rights of any third party.
k. Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
l. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual orientation, or physical disability.
m. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the foregoing criteria violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services, or by making Contributions accessible on or through the Services by linking your account to any of your social networking accounts, you automatically grant (and you represent and warrant that you have the right to grant) to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of or incorporate such Contributions into other works, and to sublicense the rights described above. The use and distribution of your Contributions may occur in any media format and through any media channel.

This license covers any possible form, media, or technology now known or later developed, and includes our use of your name, company name, and franchise name (if applicable), as well as any trademarks, service marks, trade names, logos, or personal/commercial images you provide. You waive all moral rights in your Contributions, and you warrant that no moral rights have been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property or other proprietary rights associated with them. We are not responsible for any statements or representations in your Contributions provided by you in any area of the Services. You are solely responsible for your Contributions and you agree to hold us harmless and refrain from any legal action against us regarding your Contributions.

We have the right (but not the obligation) to, in our sole discretion: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms (including, without limitation, reporting such user to law enforcement authorities); (3) in our sole discretion and without limitation, refuse, restrict access to, or limit the availability of any of your Contributions (or any portion thereof); (4) in our sole discretion and without limitation, notice, or liability, remove from the Services or disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

11. GUIDELINES FOR REVIEWS

We may provide you with areas on the Services to leave reviews or ratings. If you post a review, you must comply with the following criteria:

1) You should have firsthand experience with the person or entity being reviewed.
2) Your review should not contain offensive profanity, or abusive, racist, or hate language.
3) Your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
4) Your review should not contain references to illegal activity.
5) You should not be affiliated with a competitor if you are posting negative reviews of their services or products.
6) You should not make any conclusions as to the legality of conduct (we discourage legal conclusions in reviews).
7) You may not post any false or misleading statements in your review.
8) You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen or remove reviews, even if anyone considers them objectionable or inaccurate. Reviews are not endorsed by us and do not represent our opinions or the views of any of our affiliates or partners. We assume no liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to your review.

12. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account as permitted under the applicable terms and conditions governing that account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or subjecting us to any usage limitations imposed by the third-party service provider.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, retrieve, and store any content that you have provided to or stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists or contacts; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when linking your account with the Third-Party Account. Please note: if a Third-Party Account or associated service becomes unavailable or our access to it is terminated by the provider, then any Social Network Content from that account may no longer be available on our Services.

You have the ability to disable the connection between your account on our Services and your Third-Party Accounts at any time in your account settings or by contacting us using the contact information below. IMPORTANT: Your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreements with those providers. We do not review any Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book or contacts list associated with a Third-Party Account solely for the purpose of identifying and informing you of contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account at any time. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account (other than the username and profile image associated with your account).

13. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent through the Site) links to other websites (“Third-Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). We do not investigate, monitor, or check such Third-Party Websites and Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Services, nor any Third-Party Content posted on or available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content.

Our inclusion of or linking to any Third-Party Website or Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Services and access third-party sites or install third-party content, you do so at your own risk, and you should be aware that these Legal Terms no longer govern. You should review the applicable terms and policies (including privacy and data gathering practices) of any third-party website you navigate to from the Services. Any purchases you make through Third-Party Websites will be exclusively between you and the third party, and we assume no responsibility for such purchases. You agree that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you agree to hold us harmless from any losses or harm caused to you relating to or resulting from any Third-Party Content or any contact with Third-Party Websites.

14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

1) monitor the Services for violations of these Legal Terms;
2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms (including, without limitation, reporting such user to law enforcement authorities);
3) in our sole discretion and without limitation, refuse, restrict access to, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
4) in our sole discretion and without limitation, notice, or liability, remove from the Services or disable all files and content that are excessive in size or are burdensome to our systems; and
5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy (available on our website). By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be aware that the Services are hosted in the United States. If you access the Services from any other region of the world with laws or requirements governing personal data collection, use, or disclosure that differ from those of the United States, then by continuing to use the Services you are transferring your data to the United States and you expressly consent to have your data transferred to and processed in the United States.

16. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please notify us immediately using the contact information provided at the end of these Terms to send a Notification of claimed infringement. Your Notification should include all information required by law for such notices. Please be aware that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content on the Services is infringing your copyright. If you are not sure whether the material in question infringes your copyright, you may wish to consult an attorney.

17. TERM AND TERMINATION

These Legal Terms remain in full force and effect while you use the Services. We reserve the right in our sole discretion, without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or any applicable law or regulation. We may terminate your use of or participation in the Services or delete your account without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or any fictitious name, even if you may be acting on behalf of someone else. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware or software problems or other issues that result in interruptions, delays, or errors. We reserve the right to suspend or discontinue all or part of the Services at any time without notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases.

19. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Legal Terms.

20. DISPUTE RESOLUTION

Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party,” collectively the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Informal negotiations will commence upon written notice from one Party to the other Party.

Binding Arbitration: If we are unable to resolve a Dispute through informal negotiations, the Dispute (except as expressly excluded below) will be resolved by binding arbitration. YOU UNDERSTAND THAT BY REQUIRING ARBITRATION, YOU ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes. AAA rules and forms are available on the AAA website (www.adr.org). Your share of arbitration fees and arbitrator compensation shall be as set forth in the AAA Consumer Rules. If the arbitrator finds your costs excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through document submission, by phone, or online as chosen by the Party initiating the arbitration. The arbitrator will issue a written decision but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award can be challenged if the arbitrator fails to do so. Except where otherwise required by the AAA rules or applicable law, the arbitration will take place in Orange County, Florida. Except as otherwise provided herein, each Party may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the arbitrator’s award.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be brought exclusively in the state and federal courts located in Orange County, Florida, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts. No Dispute arising out of or related to the Services may be brought by either Party more than one (1) year after the cause of action accrued. If any part of this arbitration provision is deemed illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or other persons.

Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, a Party’s intellectual property rights; (b) any Dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this exception clause is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

21. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other details. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services, and we assume no liability or responsibility for any: (1) errors, mistakes, or inaccuracies of content and materials; (2) personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services; (3) unauthorized access to or use of our secure servers and/or any personal or financial information stored therein; (4) interruption or cessation of transmission to or from the Services; (5) bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Services by any third party; and/or (6) errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to, or in any way be responsible for, monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS of DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid by you to us in the six (6) month period prior to any cause of action arising. Certain state or international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; those laws might grant you additional rights, so the above limitations may not apply to you.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees and expenses) made by any third party due to or arising out of:

(1) your Contributions;
(2) your use of the Services;
(3) your breach of these Legal Terms;
(4) any breach of your representations and warranties set forth in these Legal Terms;
(5) your violation of the rights of a third party (including but not limited to intellectual property or privacy rights); or
(6) any overt harmful act toward any other user of the Services with whom you connected via the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim or proceeding upon becoming aware of it.

25. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of operating the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms are all electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (via email and on the Services) satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions that are initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original (non-electronic) signature or the delivery or retention of non-electronic records, or to payments or credits by any means other than electronic means.

27. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not resolved to your satisfaction, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

28. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services (or in respect to the Services) constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of that right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

29. CONTACT US

If you have questions, complaints, or need further information about the Services, you may contact us in order to resolve or inquire about any issues:

Email: Contactus@marcateers.com