COMPANY TERMS & CONDITIONS
Maryl Petreccia LLC (dba “Company”), (sometimes referred to herein as “we,”
“us,” or “our”) provides its website (the “Site”) and the crisis support services through its Site and its mobile applications (the “App”) and potentially related platforms (collectively, such platforms, including the App, any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms”). We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. Any such changes will take effect immediately, and continued use of the Service after such changes shall constitute your acceptance of the new Terms.
Please carefully read these Terms as they shall govern all uses of the Services. Your use of the Services shall bind you to these Terms. If you don’t wish to be bound by the Terms, PLEASE REFRAIN FROM ANY USE OF THE SERVICES.
Privacy Policy
Company Privacy Policy sets forth all information with respect to the collection, use, and disclosure of information from our users. You understand, acknowledge and agree that the terms of the Privacy Policy shall apply to your use of the Services.
Changes to Terms or Services
These Terms may be modified or changed in our sole discretion at any time. If we do so, we will post the new Terms on the Website or through other Services and may provide additional notifications to you, but shall not be required to provide any such additional notifications. Your continue to use the Services after modified Terms have been posted on the Site shall serve as acceptance by you of the modified Terms and an indication that you agree to be bound by the modified Terms. If you don’t wish to be subject to the modified Terms, you must discontinue your use of the Services. We hold the right to change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion as we determine the needs and goals of the Services are evolving.
Device Requirements
To enjoy the Services your devices must satisfy minimum system requirements. These requirements may change from time to time and can be found on the Website and the Google, Apple and Amazon App marketplaces. You understand that some of the Services may be accessed via mobile device and to the extent You access the Services through a mobile device You will be responsible for any standard charges, data rates, and fees that may apply.
Dispute Resolution Notice
You must opt out within 30 days of your agreement to these Terms by following the opt-out procedure specified in the “Arbitration” section below, otherwise, with the exception of limited types of disputes specifically as set forth below in the “Arbitration“ section, you agree that disputes between you and Company will be resolved by binding arbitration and you waive any right you may have to a jury trial or to participate as a plaintiff or class member in any potential class action or representative proceeding.
Use of Services
Via the Services, users select from a variety of options to view, utilize, and refer to motivational and support videos, books, or sayings. You can also use enhanced functionality of the Services at additional costs, or purchase items that are offered for sale through the Services (the “Products”), as described in further detail below.
Company is solely responsible for Content (as defined below) uploaded or posted through any of the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Company. Company reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions.
We have the right, but not the obligation, to review any Content and may delete, edit, alter or amend any such content for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right, but not the obligation, to remove or prevent access to any user or Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be morally or socially objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also, but shall not be obligated unless by court order or by law, consult and cooperate with law enforcement authorities to prosecute users or Members who violate the law.
The Services may contain third-party websites links or additional resources. These links and resources are provided merely as a convenience. We take no responsibility for the content, products or services available through those links or resources. You understand and agree to bear the sole responsibility for and assume all risk arising from, your use of any links or resources.
General Disclosures
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Financial Disclosures
Company provides general support for individuals that have bought Taming Crypto. COMPANY IS NOT A FINANCIAL INSTIUTION IS NOT GIVING FINANCIAL ADVICE. Any advice or other materials in the Products are intended for general information purposes only. Any financial information provided through the Products, whether by Company or by Company is provided simply for your convenience and shall not be deemed investment/financial advise. You agree and acknowledge that Company has
advised you of the necessity of doing seeking professional financial advice. The Products and Sessions provided are intended to support your relationship with your financial Advisors and not replace it. You assume full responsibility for your decisions and actions and Company shall bare no responsibility. To the fullest extent permitted by law, Company makes no representation or warranties with respect to the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
You understand and agree that the Services, Products and any other information you learn from Company are not intended, designed, or implied to make financial decisions, or to be
a substitute for professional financial advise. Not all activities described on the Services or Products are suitable for everyone. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services.
Intellectual Property Rights
(a) You understand, acknowledge and agree that all materials provided by Company in connection with the Services, including but not limited to any music, images, graphics, texts, formats, content, videos, art work, works of authorship of any sort, information, or other materials that have been created, distributed, exploited, provided, or otherwise made available by Company through the services (collectively “Content”) shall be wholly and solely owned by Company, our affiliates, or third party licensors to the benefit of Company including any intellectual property rights allowable under the law and the Content shall be protected to the fullest extent allowable by law. Subject to compliance with all the terms set forth in these Terms, Company grants users a non-exclusive, non-sublicensable or
transferable, limited license to use, view, copy, and download the publicly displayed Content solely for your personal and non-commercial use.
(b) In addition to the Content, Company also has an interest and rights protected under the law to additional materials including but not limited to software, code, data, user data, Payment Information, logos, urls, algorithms, analysis processes, or other proprietary
information or materials (“Proprietary Content”). Company does not grant any license or permit any use of the Proprietary Content for any purpose by any Member, user of the Services, or any third party unless authorized in writing by us. Any violation of this paragraph may result in fines, penalties, and any other remedy allowable by law.
Company requires all users of the Services to comply with all applicable copyright protection laws. As such, you may not share, store, distribute or exploit any material or content on the Services in any manner that may constitute an infringement of third party intellectual property rights without first obtaining the prior written consent of the owner of such materials and rights. Owners who believe that their rights under copyright law in the United States have been violated or infringed may take advantage of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report actual or alleged infringements. Company shall have the right to terminate the Membership or certain privileges of any Member or user who infringes the copyright rights of others.
Warranty Disclaimers
Company makes no claim, representations, or warranties of any kind with respect to the Services except for those specifically set forth in this paragraph and any other warranties or terms that may otherwise be impliedby common law, statue or legal precedent, to the extent permitted by law, are excluded. The Services are provided “as is” and should be used at the discretion of the user. You shall have no right to any claim for a breach by Us of any so called warranty of merchantability, quiet enjoyment, or any other warranties that may arise in the normal course of dealing with respect to your usage.
We make no warranty that the Services will be available without interruption, error or defect. We make no warranty as to the quality of the Content or the results you may receive from your use or enjoyment of the Content.
Company warrants (i) any product or service you purchase directly from us will materially conform with the description expressed prior to purchase; and (b) We will use reasonable care and effort to provide the Content.
Indemnity
You hereby agree to defend, indemnify and hold harmless Company, its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your negligent, reckless, or willful misuse of the Products, (ii) any User Content, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your intentional or negligent acts or omissions related to your use of the Products; or (iv) your breach or violation of these Terms or any applicable law.
Limitation of Liability
(a) In the event Company or its affiliates, employees, third-party licensors, suppliers or clients (collectively “Protected Party”) fails to comply with these Terms, The Protected
Party will not be liable for: (i) Slow or inoperable hardware or internet connection during your registration process, payment process, or during your use of the Services; (ii) Any
viruses or other malicious software that may infect your Device and cause any damage to your computer equipment, software, data or other property caused by you accessing the Services or through links or emails sent to you by us or (iii) Any use of websites linked to the Products but operated by third parties.
(b) Protected Parties shall have no liability with respect to any consequential, incidental, unforeseeable, special, exemplary or punitive damages or losses, arising from or related to,
whether directly or indirectly, the use or failure or inability to use the Services or The Content Proprietary Materials and functionality related thereto, including but not limited to lost wages, lost profits, or loss of business.
(c) You assume full responsibility for your use of the Services. In no event shall Company be liable to you, your affiliates, your heirs, or assigns or to any other third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or as a result of your use of the Services or Content.
(d) The exclusion or limitation of incidental or consequential damages may be prohibited by certain jurisdictions and may not apply to you, and in such case the above limitation of liability shall be limited to the greatest extent allowable under the law of such jurisdiction.
(a) The total aggregate amount of liability arising out of or in connection with these
Terms or from your use or inability to use the Services shall not exceed the aggregate amounts paid to Company for your use of the Services or a maximum of twenty dollars ($20) , if you have made no payments to Company prior to the existence of such liability.
Dispute Resolution
Governing Law and Venue Notwithstanding any applicable conflict of laws provisions, these Terms and any action related thereto shall be governed by the laws of the State of California. You and we agree that the exclusive Venue for any dispute arising out of or related to the Terms or the Services, whether in Arbitration or litigation in the event you opt out of this Arbitration agreement, shall be in the Southern district of California in the County of Los Angeles. If the claim in dispute is less than ten thousand dollars ($10,000) the arbitration may be conducted by each party providing documents electronically to the arbitrator to make a determination on the claim. In the event of a claim in excess of $10,000 a hearing shall be held and the rules and procedures of the American Arbitration Association (“AAA”) shall
apply to the hearing and proceedings.
Arbitration Opt Out
You shall have the right to opt out of this arbitration agreement by giving writing
notification to Compan. Your notification must include all personal information required for personal verification. Your notification must state clearly and unequivocally your intent and desire to opt out of this arbitration agreement. If you do not opt out pursuant to this paragraph you shall be deemed to have knowingly and intentionally agreed to the terms of this “Dispute Resolution” paragraph and shall waive any right to litigation except as specifically allowable under this paragraph. You understand, acknowledge and agree that both parties hereby waive any and all right to a jury trial and to the extent permitted by law waive any right to participate in the capacity of a plaintiff or class member in any purported class action or consolidated action suit. In the event a court of competent jurisdiction deems this waiver of class or consolidation participation invalid or unlawful, then this “Dispute Resolution” section, in its entirety, shall be deemed void, otherwise this section shall survive the termination of these Terms and your use of the Services. In the event of any material changes or modifications to this paragraph pursuant to the “Changes of Terms and Services” paragraph above, you shall have a 30 day opt out period from the date of such modifications.
Arbitration Agreement
Any dispute, claim or controversy arising out of, relating to, or in connection with these Terms or the breach thereof, or any use of the Services (collectively, “Disputes”) that (i) can not be resolved through informal conversation, negotiation, or in small claims court, or (ii) either party is not seeking equitable or injunctive relief to prevent the actual, alleged, or threatened infringement, unlawful use or violation of either party’s copyrights, trademarks, logos, trade names, trade secrets, patents, the Proprietary Content or other intellectual property rights, shall be resolved by binding arbitration on an individual basis. In the event of a Dispute the party bringing the claim must give notice to the other party of its intent and make a reasonable effort to resolve the dispute informally prior to filing a written Demand
for Arbitration as set forth in the AAA Rules. The parties will mutually agree on an arbitrator to preside over the hearing, and the arbitrator must be a judge or a licensed attorney.
Arbitration Rules
Any arbitration brought under these Terms will be governed and administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) effective at the time of such action and available at www.adr.org or by calling 1- 800-778-7879, unless specifically modified in this “Dispute Resolution” section. The Federal Arbitration Act shall govern the interpretation and enforcement of this Section.
Arbitrator’s Authority
The arbitrator will have the exclusive right to render an award within the guidelines as specified in the AAA Rules. Regardless of the manner in which the arbitration is conducted (whether by documents submissions, telephonic, in person, or otherwise) the arbitrator will provide the essential findings and conclusions in conjunction with the delivery of their decision and award. Either party may enter the judgment of the arbitration award may in any court of competent jurisdiction. The arbitrator shall not award damages or prescribe liability that is inconsistent with the limits set forth in the “Limitation of Liability” paragraph with respect to both types and amounts of damages either party are subject to.
The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
The prevailing party in the arbitration hearing shall be entitled to attorneys’ fees and expenses paid by the non-prevailing party, to the extent provided under applicable law and awarded by the arbitrator.
Arbitration Costs
The AAA Rules shall govern your or our responsibility with respect to the payment of fees for filing, administering or completing and arbitration action.
General Terms
These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Service. Any previous agreement or understanding you may have had with Company or its affiliates either orally or otherwise prior to this shall be null and void and have no force or affect. If any provision of these Terms is determined to be invalid or unenforceable then the provision will be enforced to the maximum extent permissible and will not affect the enforceability or validity of any remaining terms or provisions herein.
These Terms are not assignable, licensable, or transferable by you, by operation of law or otherwise, without the prior written consent of Company. Any attempt by you to do so will be null and of no effect. Company has the right to freely assign or transfer these Terms, along with the rights and benefits of Company herein, without restriction.
All notifications or communications by Company pursuant to these Terms, including those regarding changes to these Terms, may be given by posting the changes to the Site or App
or by email to you.
Waiver
Company’s delay or failure to exercise any rights provided by the Terms for your failure or breach of the Terms shall not be considered a waiver of any of our rights or ability to exercise such rights either for the same or future failures or breaches. Nor shall the waiver
of rights for failure or breach of any Member be considered a waiver of our rights to any other Member for the same or similar failure or breach.
Notices
Any notices required by you in these Terms, comments or suggestions with respect to the Services or Content (“Notice”) can be submitted by emailing marylg@gmail.com.
Any changes to the Services or Content based on or seemingly based on any Notice by you shall be deemed the property of Company and you shall have no right in or to any ownership, monetary compensation, or other benefit based on such information.
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