TERMS AND CONDITIONS OF PURCHASE
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. PRICES AND PAYMENT TERMS
Upon purchase, you will be given access for the subscription you purchased in the Order and only you may access and use the Product.
2. REFUND POLICY
There are no refunds offered on the Products. Please make sure you are making a wise decision for yourself and your life before you make a purchase.
3. INTELLECTUAL PROPERTY
You agree that the Products contain proprietary information and materials, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, and sound recordings (collectively, “Product Content”) that are owned by Meet to Marry and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws.
Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing, and Meet to Marry will prosecute such misconduct to the fullest extent permitted by law.
Meet to Marry provides you with the Products solely for your personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement.
You will not use any Product Content in a manner that constitutes an infringement of Meet to Marry’s rights or that has not been authorized by Meet to Marry. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content.
You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
To be clear: please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Meet to Marry, Bari Lyman, the Products, or the Product Content, or infringe on any of Meet to Marry’s or its licensors’ intellectual property in any way.
All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Meet to Marry and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF MEET TO MARRY AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of Meet to Marry (the “Meet to Marry Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Meet to Marry and are owned or licensed by it. Other company, product, and service names used and displayed in the Products may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Meet to Marry Trademarks, the “Trademarks”). Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Meet to Marry Trademarks inures to our benefit.
4. THIRD-PARTY MATERIALS AND WEBSITES
Meet to Marry may provide links to third-party materials and websites as a convenience to you. These third-party materials and websites are not part of the Products, and they may be either withdrawn or terminated from the Products at any time without notice to you and without any liability to Meet to Marry. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Meet to Marry is not responsible for examining or evaluating the content or accuracy of any third-party materials and websites, and Meet to Marry does not warrant and will not have any liability or responsibility for any third-party materials, websites, products, or services. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Meet to Marry will not be liable for your improper use of third-party materials and websites.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE;” AND (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
MEET TO MARRY DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE RESULTS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING A SUBSCRIPTION TO THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR ACTUAL SUCCESS. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS, WHICH ARE DEPENDENT ON PERSONAL FACTORS. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE. WE OFFER NO LEGAL, MEDICAL, PSYCHOLOGICAL, OR FINANCIAL ADVICE.
6. ADDITIONAL TERMS AND CONDITIONS
A) GOVERNING LAW. You and Meet to Marry, LLC have entered into this Agreement in the State of Florida and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and Meet to Marry, shall be determined in accordance with the laws of the State of Florida, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.
B) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) UNDER NO CIRCUMSTANCES SHALL MEET TO MARRY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
C) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. We may assign this Agreement at any time without notice to you. You have no right to assign this Agreement, by operation of law or otherwise. The Products are non-transferable.
D) TERMINATION. Meet to Marry is committed to providing all customers with a positive experience. If you fail, or Meet to Marry suspects that you have failed, to comply with any of the provisions of this Agreement, Meet to Marry, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Meet to Marry under this Agreement will survive expiration or termination of this Agreement for any reason.
E) CHANGES. Meet to Marry reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Meet to Marry’s website or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department at email@example.com
F) INDEMNIFICATION. By purchasing a subscription to the Products and/or using the Products, you, to the extent permitted by applicable laws, agree to defend, indemnify, and hold harmless Meet to Marry, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your purchase and/or use of Products. You recognize and agree that all of Meet to Marry’s owners, officers, directors, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Meet to Marry.
G) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Products (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in Miami-Dade County, Florida may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Miami, Florida. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief as set forth in Section 6(H) below.
The exception to this Part (G) is an action for equitable relief set forth in Part (I) below.
H) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated or resolved 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 any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
I) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Meet to Marry’s intellectual property rights and confidential and proprietary information by you, Meet to Marry will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Meet to Marry may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above, waiving any and all bond requirements. You consent to the personal and subject matter jurisdiction of the federal and state courts in Miami Dade County, Miami Florida, United States of America for purposes of any such action by Meet to Marry. In any such action you agree that MTM is entitled to its attorney’s fees and costs if it is the prevailing party.
J) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties.
K) SEVERABILITY. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail, but in such event the provision affected in this Agreement shall be limited or eliminated only to the extent necessary, and the remainder of this Agreement shall remain in full force and effect.
L) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.
M) SESSION CANCELLATION POLICY. Sessions must be cancelled or rescheduled before 24 hours of their scheduled time. If a session is cancelled with less than 24 hours notice, or if Client is a no-show, pre-payment for session will not be reimbursed. The session will only be rescheduled if MTM consents in its sole discretion.