MARLA MERIDITH ENTERPRISES, LLC
- Website Information – Use of our website
- Communication on the website – forum discussions
- Security – password use
- Termination of rights of use by a user
- Products, services and content of websites owned by third parties that appear on this website
- Disclaimer of Liability
- Limitation of Liability
- Export Restrictions / Legal Compliance
- Dispute Resolution
- Applicable Laws
- Intellectual Property – Trademark and Copyright Information License and Use Terms
- Website Information – Use of our website[top]
The content of our website is proprietary to Marla Meridith Enterprises, LLC. (we own and control all content including all of our written content, trademark names and copyrighted images and trade dress). You, as either an entity or individual as a user of our website, may view all of the content on the website and you may copy it, so long as you do not alter the content in any way and so long as you do so, only for your own personal use. You may not copy any of the content in any manner whatsoever for a commercial purpose of any kind whatsoever. There may be circumstances where your use constitutes “fair use” as that term is defined by the copyright laws of the United States of America, however, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information that is on our website in its entirety or any portion of the content on the website, without first obtaining express written permission and authorization of Marla Meridith Enterprises, LLC to do so. All images on our website including works of art, in any form, photographs, graphic designs etc. , are owned by and are the intellectual property of Marla Meridith Enterprises, LLC. or of any third party (ies)who have provided the images, written content, or other material to Marla Meridith Enterprises, LLC for its use on the website. A user may not use of any materials on the website for any other purpose without the express written consent of Marla Meridith Enterprises, LLC, which may be granted or withheld at the sole discretion of Marla Meridith Enterprises, LLC.
PARENTAL CONTROL – Marla Meridith Enterprises, LLC. shall take no responsibility and disclaims any and all liability related to the use of the website’s forums by minor children. Parents are responsible for the use of the website by minor children and are deemed to be in control of their child/children’s use of the website.
No Rendering of Advice – The information contained in or made available through the Marla Meridith Enterprises, LLC website is provided for informational purposes only and should not be construed as rendering consulting, design, or other professional advice of any kind. Your use of the website does not give rise to a client, advisory, fiduciary or professional services relationship between you and Marla Meridith Enterprises, LLC.
Accuracy of Information – While Marla Meridith Enterprises, LLC uses reasonable efforts to furnish accurate and up-to-date information, Marla Meridith Enterprises, LLC does not warrant that any information contained in or made available through this website (including, without limitation, any information provided directly by representatives of Meridith Enterprises, LLC is accurate, complete, reliable, current or error-free. Meridith Enterprises, LLC assumes no liability or responsibility for any errors or omissions in the content of this website or such other materials or communications contained on the website.
To use our proprietary software, text and images and if you download any part of the content of our website that contains any software, text or images, your use is subject to a license agreement between you and Marla Meridith Enterprises, LLC. As the user, you are required to review and accept the terms of any such license agreement and agree to its terms. Marla Meridith Enterprises, LLC. reserves all rights, title, and interest in any and all software and images the rights to which have not been expressly granted to you as a user.
- Communication – Forum discussions[top]
The term, “forum,” shall be defined to include any discussion group, chat room, posting of information on a bulletin board, any news or information group, any form of communication including letters or e – mails to Marla Meridith Enterprises, LLC, or to the website’s webmaster or employees. The term, ” forum, ” shall also be defined to mean any of the aforementioned forms of communication to or posted on the website, Facebook® page, Twitter® feed, Google Plus, Instagram, Snapchat, Pinterest,and/or the blog on the website, and any other form of social media found on the internet now or in the future. As a user of the website, you agree to adhere to the following restrictions: a user will refrain from uploading, emailing, posting, publishing, blogging, tweeting, or otherwise transmitting through a forum any content that: (a) is untrue or that misleads; (b) defames any person or entity; (c) is an invasion of the privacy of another person, or is intended to further or support any form of prejudice, including the promotion of hatred of an entity or an individual, bigotry and/or racism; (d) any information that contains obscene language or pictures; (e) any communication or content that violates any other person or entity’s intellectual property rights (trademark and copyright rights) (f) is considered to be a bulk mailing that was not requested or is spam or junk e-mail, or any form of a continuing e – mail commonly known as chain or continuing e – mails; or (g) is in violation of any law or regulation of any State or of the Federal Government of the United States. The use of a forum shall not promote any commercial business of any kind whether owned by an individual or an entity. Forums shall not be used to seek the payment of money or the exchange of goods or services or to advertise any good or service or any use that solicits a good or service. As a user you shall refrain from the solicitation of other individuals in becoming a member of any group or organization or to participate in any organization or any service whether it is online or offline. As a user you are forbidden from obtaining and/or saving any information related to other users of the website.
As a user you agree that Marla Meridith Enterprises, LLC have an irrevocable and perpetual royalty free license to all content in any form (e – mails, postings, publications, artwork et al) or to any other content contained in a user’s transmission(s) to the website. In transmitting content that a user uploads to any forum, you warrant to Marla Meridith Enterprises, LLC that you are the sole owner of the content or if the content is the property of a third party or entity, you have obtained all required rights and permissions to the third party content from its owner. Further the user grants to Marla Meridith Enterprises, LLC pursuant to the above referenced license the right; to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. Further, you warrant to Marla Meridith Enterprises, LLC that you have waived all moral rights in the content you have posted to the website as a user as that term is used in the copyright laws of the United States.
As a user you acknowledge that any forum on the website is open and available to the public and that Marla Meridith Enterprises, LLC assumes no responsibility as to the content posted to the forum by its users. Marla Meridith Enterprises, LLC take no position as to the views or positions in any posting by a user(s) and expressly states that it may not agree with the positions of the user(s) stated in any such posting. Marla Meridith Enterprises, LLC has the sole discretion and the absolute right to remove any content posted to the website at any time and for any reason whatsoever.
- Security – Password use[top]
You are responsible for the maintenance and confidential protection of any password you are provided to allow access to the website. Furthermore, you are deemed to be the sole user of any password and will be held responsible if the password is used by any other person, and for all activity that is conducted by using the given password. You must notify Marla Meridith Enterprises, LLC of any unauthorized use of your password..
Marla Meridith Enterprises, LLC. will take the usual and customary steps to protect the privacy of the users of its website and the personal information of its users.
- Termination of rights of use[top]
As a user, and as a condition of use of the website, you accept that Marla Meridith Enterprises, LLC has the sole discretion, and at any time, and without notice to you, may terminate your access to the website and/or any other participation(s) (accounts or other) on or connected to the website. Further, you agree that Marla Meridith Enterprises, LLC has the right to monitor all activity of a user on the website.
- Products, services and content of websites owned by third parties[top]
Marla Meridith Enterprises, LLC and its users agree that Marla Meridith Enterprises, LLC has no responsibility to its users as to the availability of any third party website that may be referenced on the website or for any of the content that may be found on any such third party website, or for the ability to link to any third party website. Our website contains links to third party websites that contain content that relate to products and services of third parties. The third parties may be users, advertisers, affiliates and sponsors of the website. The user of the website is solely responsible for reviewing and understanding the use terms and policies of any third party website before he/she visits any such website. Marla Meridith Enterprises, LLC shall have no responsibility or liability to its users if any user decides to visit a third party website and/or in making a purchase of goods or services on any such third party website. The user’s seller – buyer relationship is solely between the user and the owner(s) of the third party website. As a user of the website, you agree that Marla Meridith Enterprises, LLC shall not have any responsibility for the quality or merchantability of any third party product or service or for the failure of a third party to ship or complete any activity related to the user’s purchase from a third party (fulfillment of any warranties or services);. You agree to hold Marla Meridith Enterprises, LLC harmless from any responsibility and/or liability for any damages or any loss you suffer related to your use of third party website(s).
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. MARLA MERIDITH ENTERPRISES, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. MARLA MERIDITH ENTERPRISES MAKES NO WARRANTY THAT: THE WEBSITE WILL MEET YOUR REQUIREMENTS; THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT THE USER’S OWN DISCRETION AND RISK. MARLA MERIDITH ENTERPRISES, LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. MARLA MERIDITH ENTERPRISES, LLC RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
- Limitation of Liability[top]
UNDER NO CIRCUMSTANCES SHALL MARLA MERIDITH ENTERPRISES, LLC, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MARLA MERIDITH ENTERPRISES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM AN INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Marla Meridith Enterprises, LLC respects the privacy of its users and privacy of you as a user is of great concern to us. To further the privacy of our users we have implemented the following controls regarding your privacy:
Collection and Use of Personally Identifiable Information – Marla Meridith Enterprises, LLC through MarlaMeridith.com, will collect personally identifiable information about you, such as your name, postal address, telephone and mobile numbers, e-mail address, when you provide it to us while on the website. This information will be collected when a user creates an account, signs up for e – mail newsletters or other forms of information, participates in an online survey, enters a contest on the website, makes a contact with customer service or interacts with the website in another manner. The personal information provided by a user may be used in any manner allowed by law, including but are not limited to, answering user inquiries or responding to user requests, processing a purchase of goods or services on the website, for company purposes such as running a contest, keeping track of what areas of the website are of most interest to a user and for the distribution of prizes. By choosing to register with an account on the website or by signing up to receive any newsletters, promotions, or marketing e-mail you are opted-in to allowing Marla Meridith Enterprises, LLC to provide your personal information to third parties. Marla Meridith Enterprises, LLC may also use the personal information you provide for internal business purposes.
The website may provide you with the opportunity to opt-in to receive information from the website. If you do not opt-in, you will not receive solicitations or other offers. Nevertheless, regardless of your decision to opt-in or not, Marla Meridith.com may still at times need to send automated e-mails to users for administrative purposes. If you opt-in to receive communications and then change your decision, your decision to opt-out may not take effect in certain instances where you agreed to receive brand-specific e-mails.
The website provides the user with the convenience of removing your user information from our database so as not to receive future communications or to close your account. To close your account please email MarlaMeridith.com with the word UNSUBSCRIBE in your subject line or simply login to your account and follow the account termination instructions on MarlaMeridith.com. The website also allows the user the ability to correct, update or change the information previously provided. The user should go to his/her account profile to revise the information. Please also be aware that certain information may be retained by Marla Meridith Enterprises, LLC and the website for record keeping purposes.
- Export of Information and Compliance with laws[top]
A user of the website is prohibited from exporting the website or any content on the website whether proprietary to Marla Meridith Enterprises, LLC, the website or any third party website linked to the website or any software product or service found on the website which would be in violation of the Statutes of the United States and any laws or regulations of the United States relating to the export of information to countries outside of the United States. The user agrees to be subject to and to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority. A user will not provide or cause the content of the website to be available to any third party in violation of the aforesaid statutes, laws or regulations and the user will not provide any information to anyone anywhere without first obtaining the proper authority from Marla Meridith Enterprises, LLC and the United States Government to do so. As required the user shall secure and be responsible for all costs and expenses to obtain licenses and/or exemptions that relate to the user’s use of Marla Meridith Enterprises, LLC’s proprietary content and intellectual property outside the U.S. The user is prohibited from downloading the content of the website for purposes of providing it to any person or entity in the following countries: Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country or jurisdiction that is under or subject to U.S. trade sanctions. Further, the user agrees to refrain from exporting the content to individuals or entities within or under the control of the aforementioned countries, nor shall any information be exported to those who reside in or are nationals of said sanctioned countries. Information may be exported to individuals who are lawful permanent residents of the countries who are not subject to the sanctions imposed by the Government of the United States. Lastly, the user shall refrain from exporting any information to any person who has been identified by the United States Government’s Department of the Treasury as a blocked person or specifically designated national as found in the Department’s Table of Denial Orders. The user through his/her agreement to the terms of this section of this agreement, confirms that he/she represents and warrants to Marla Meridith Enterprises, LLC, that he/she is not located in, under the control of, or a national or resident of any such country or on any such list.
- Dispute Resolution –[top] Any controversy or claim arising out of or relating to these terms and conditions or breach hereof, or otherwise relating to this website (with the exception of injunctive relief sought by Marla Meridith Enterprises, LLC for any violation of Marla Meridith Enterprises, LLC’s proprietary rights), shall be settled by binding arbitration in accordance with the then-current rules of the American Arbitration Association. Before entering into arbitration, the parties shall each appoint an arbitrator, and these two arbitrators shall select a third arbitrator to be a member of the panel. Each such arbitrator shall be an attorney having experience and familiarity with information technology disputes. The arbitrators will have knowledge and expertise in the areas of the use of social media and the use of social media for interaction with social media users and the owners of websites and in the promotion of services and products through social media. Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties. None of the arbitrators shall be officers or employees of the parties. The location of arbitration shall be Denver, Colorado, USA. The arbitrators shall have the right to award costs, fees and expenses, including but not limited to the arbitrators’ fees and reasonable attorneys’ fees, to the prevailing party. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise. Each party hereby waives its right to a trial by jury for any disputes between the parties.
- Applicable Laws – Exclusive Jurisdiction[top]
All matters relating to a user’s use and the right to access the Marla Meridith Enterprises, LLC website (MarlaMeridith.com) are subject to the laws of the State of Colorado, without regard to principles of conflict of laws, and also to the laws of the United States of America. The user agrees to submit to the jurisdiction and to the venue of the appropriate Federal or State Court located in Denver, Colorado for purposes of any legal action that may arise between Marla Meridith Enterprises, LLC and a user. Marla Meridith Enterprises, LLC maintains the website in Telluride, Colorado. Marla Meridith Enterprises, LLC makes no representation that this website or any content on or accessed through this website is appropriate or available for use in other jurisdictions. You are responsible for compliance with all local laws and regulations, as applicable.
- Intellectual Property – Trademarks and Copyrights[top]
All content on the website is Copyright Marla Meridith Enterprises, LLC , and all rights to the content are reserved. Marla Meridith Enterprises, LLC and MarlaMeridith.com. are trademarks of Marla Meridith Enterprises, LLC., Inc. Other website content is copyright to the company that posts the content or allows Marla Meridith Enterprises, LLC to post the content on the website, and any and all third party company names, trademarks, logos, etc. appearing on this website are the property of their respective owners.
- Modifications –[top] Marla Meridith Enterprises, LLC reserves the right to modify these terms and conditions for the use of the website at any time upon posting. By continuing to use this website after any changes are posted, you acknowledge your acceptance of the revised terms and conditions. Please visit this page regularly to review the then-current terms and conditions to which you are bound.
- Miscellaneous –[top] If there is a determination that any provision of these terms and conditions is invalid or unenforceable under applicable law, that determination will not affect the rest of these terms and conditions, and these terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable. The failure of Marla Meridith Enterprises, LLC to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. Regardless of any statute or law to the contrary, any claim or cause of action against Marla Meridith Enterprises, LLC arising out of or related to use of this website or under these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.