Terms of Service

TERMS OF SERVICE

 

Last amended: DECEMBER 1, 2018

THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS WITH RESPECT TO HOW DISPUTES ARE RESOLVED.  IF YOU LIVE IN THE UNITED STATES, PLEASE READ THIS AGREEMENT CAREFULLY AND ENTIRELY.

Welcome to www.maryanncruz.co (referred to as “MC Creative Solutions, LLC”, MC Creative Solutions”, “site”, “we”, “us”, “our”, or “community”) a site developed to offer services and resources to the creatives and other entrepreneurs.  The owner and operator of this Site is MC Creative Solutions, LLC, (referred to as the “site”, “we”, “us”, “our”, or “community”) based in Connecticut.  This Terms and Conditions or Terms of Service agreement (“Terms of Service” or “agreement”) is a legally binding document between you (“user” inclusive of clients, partners, and visitors) and MC Creative Solutions, LLC pertaining to user’s access and utilization of our online resources, courses, and community (“services”).  By utilizing our community, site, or services you agree to the following Terms of Service.  Please read the terms carefully and in its entirety.  If you disagree with the Terms of Service, you must discontinue the use of our community and service(s) immediately.  MC Creative Solutions, LLC reserves the right, at our sole discretion to make revisions to the Terms of service on any occasion for any reason.  In the event we do this, please note the “Last amended” date at the top of this agreement will reflect the date this agreement was last revised (changed or modified).  Additionally, we will also notify users, via a notice on the site, email, or other forms of communication available.  However, please note it is the user’s responsibility to periodically review these Terms of Service to stay informed of updates.  Your continued utilization of our community following the revised Terms of Service will indicate your consent to the revisions (changes or modifications).  If you have any questions pertaining to the revised Terms of Service, please contact us:  info@maryanncruz.co

Access and Use of Services

Services:  MC Creative Solutions is a community that provides creatives and other entrepreneurs online resources, courses, community, and coaching (individual and group) services.

The functions aforementioned are what we classify as our “Services”.  “Users” of our services include those who have registered with our site (as a result of purchasing a service, signing up for our newsletter and/or alerts, or accessing exclusive content), and Visitors (those who view our public site content, post comments on the blog and/or e-mail us).

MC Creative Solutions serves as an online resource for entrepreneurs and is not classified as any of the following:  formal educational institution or an accredited educational facility.

The utilization of our services provides informational resources for Users of the Site. You agree and recognize your business success or failure is a result of your efforts, participation, specific situation, and other circumstances beyond our control and/or knowledge.

 

REGISTRATION REQUIREMENTS:

In order to participate in any of maryanncruz.co online courses, communities, and/or services, you will be required to register on the site.  As a user of the site, you acknowledge that as part of the registration, you must provide your legal name and associated e-mail address.  By registering you represent and warrant that:

• The information provided during registration (“Registration Data”) is true, accurate and current
• You will maintain the accuracy of such information and promptly update such registration information as necessary. If any of the registration identifiers change while your account/online profile is active, it is your responsibility to update this information.
• You have the legal capacity and you agree to comply with these Terms of Service
• You are not a minor in the jurisdiction in which you reside
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the Site for any illegal or unauthorized purpose
• Your use of the Site 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 Site (or any portion thereof).

 

ACCOUNT, PASSWORD, AND USE:

As a user of the maryanncruz.co site you agree to the following:

• It is your sole responsibility to maintain the security of your password and account identification.
• It is your sole responsibility to ensure all information provided is true, accurate, and current.
• All activities performed and/or services rendered with the use of your account (profile), is your responsibility.
• You will safeguard your account by signing out of your account at the end of each session.
• If you believe there have been any unauthorized activities or there has been a breach of account security, immediately notify us at info@maryanncruz.co

 

USER CODE OF CONDUCT:

User Content

The maryanncruz.co site/community may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “User Content”, “Content”).  User Content may be viewable by other users of the Site and through third-party websites.  As such any Content, you transmit may be treated as non-confidential and non-proprietary.

In agreeing to the Use of Services, you acknowledge you are solely responsible for the integrality of the content uploaded, published, stored, displayed within your profile or other areas within the site (while utilizing your account/profile), including but not limited to the following:

• Profile
• Course assignment responses
• Images (photos and/or graphics)
• Comments and/or messages
• Videos
• Applications and/or other materials

 

When you create or make available any Content, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third-party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Content in any manner contemplated by the Site and these Terms of Service.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Content in any manner contemplated by the Site and these Terms of Service.

 

Additionally, you agree to refrain from utilizing the maryanncruz.co site to upload, publish, store, or display content that is illegal and/or prohibited by our site/community, including but not limited to the following:

• Sell or otherwise transfer user profile(s)
• Any activity that encourages the violation of any local, state, federal, and/or international laws/regulations
• User Content that is fraudulent, inaccurate, or misleading, for example:
  1. To portray yourself and/or affiliation with a person or entity which is false (impersonate)
  2. To copy another user’s profile and leverage it as your own
• Use the Site to advertise or offer to sell goods and/or services
• Unsolicited promotions, advertising (of any kind including for goods and services), commercial digital communications, or pyramid schemes
• Systematically retrieve data or other content from the site to create or compile a database/directory without consent
• Collect contact information (i.e. names, emails, phone) of users without their consent
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism
• User content that infringes any copyright, patent, trademark, and/or any intellectual property of any party without the authorization of the owner
• Trolling: to post inflammatory, inappropriate, or off-topic messages or comments on the site for the purpose of upsetting other users and provoking a response
• Stalk, threaten, intimidate (bully), or demean individual(s) for any reason, including age, disability, ethnicity, gender (including gender identity), illness, race, or religious beliefs
• Link to external sites that violate the User Code of Conduct

 

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

 

OBSTRUCTION OF SERVICES

By using this site, you agree not to:

• Attempt to intervene with or obstruct any of the maryanncruz.co services, site infrastructure, network, or servers; this is inclusive of direct and third-party services (not limited to) the following:
  1. Circumvent, disable, or otherwise interfere with security-related features of the site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the site and/or the Content contained therein.
  2. Engage in unauthorized framing of or linking to the Site.
  3. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  4. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  5. Delete the copyright or other proprietary rights notice from any Content.
  6. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

 

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the site, as well as data relating to your use of the Site.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit for that relates to any activity you have undertaken using the Site.  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 such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is 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 INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

THIRD-PARTY CONTENT & SERVICES

This Site (www.maryanncruz.co) utilizes a third-party service provider for payment processing, marketing, and other business functions.  In utilizing these services, we do not have authority or control over third-party websites or services.  You acknowledge and agree that MC Creative Solutions, LLC is not liable for any direct/indirect loss and/or allegations you may have against such third-party.  MC Creative Solutions furthermore does not represent or warranty any third-party materials (including content), products, and/or services.

The aforementioned includes and not limited to the following:

• Sites and services by third-party providers
• Links to third-parties
• Information, materials, events, products, services, or promotions of any third-parties (including users)

 

MC Creative Solutions has the right, in its sole discretion, to remove or refuse content or materials of third-parties that violate these Terms of Service without prior notification.

 

SITE MANAGEMENT

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

 

PRIVACY POLICY

We care about data privacy and security.  Please review our Privacy Policy: www.maryanncruz.co/privacy-policy.  By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.  Please be advised the Site is hosted in the United States.  If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, 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.  Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.  Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete the information from the Site as quickly as is reasonably practical.

 

COPYRIGHT NOTICE & INFRINGEMENTS

 Unless otherwise indicated, all materials within this Site are copyrighted by MC Creative Solutions, LLC; all rights reserved. Materials on the site may not be distributed, sold, copied, reproduced or modified, in its entirety or in part, without written consent from MC Creative Solutions.  “Materials” include, but not limited to: site content, graphics, business and course logos, photos, videos, data, and all branded materials.

We respect the intellectual property rights of others.  If you believe any of your materials have been posted on our community and infringe upon your intellectual property or copyrights (as copyright owner); contact info@maryanncruz.co with the subject line: “Copyright Infringement”, detailing the following information:

• A detailed description of the copyrighted work you claim has been infringed
• Link(s) to where the material that you claim of infringement is located within the site
• Contact information (as copyright owner): full name, address, telephone number, and e-mail address
• Statement (by you) that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Statement by you, made under penalty of perjury, that all information provided by you in your request is accurate and that you are the copyright owner, its agent, or authorized to act on the copy owner’s behalf
• An electronic or physical signature of the copyright owner or individual authorized to act on behalf of the copyright’s owner

 

Prior to submitting a copyright infringement complaint, you may wish to contact the individual who posted the material(s) as you may be able to resolve the issue directly.

Additionally, you acknowledge and agree that material(s) identified by you as infringing copyright laws may be removed from our community immediately without liability; if you make misleading claims you will be solely liable for all damages incurred as a result of the allegation.

 

REPEAT INFRINGER POLICY:

 You acknowledge that at MC Creative Solution’s sole discretion, accounts of individuals who have infringed upon the copyright laws in one or more instances may be removed and/or terminated from the site/community.

 

TERMS AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Site.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (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 TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION.  WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, 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, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party.  In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

INDEMNIFICATION

 As a user, you agree to indemnify, hold harmless and defend MC Creative Solutions, its affiliates, service providers, contractors, consultants, and their officers, employees, and agents (referred to collectively as “Affiliates”, from and against any and all claims, liabilities, fines, losses, damages, costs, expenses and/or fees (including reasonable legal fees), arising from or associated with your access to and/or use of our site, community, user content (including comments and posts), services, user conduct, user violation of these Terms of Service or violation of any third-party, including but not limited to intellectual property rights; or any overt harmful act toward any other user of the Site with whom you connected via the Site. 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 and you agree to cooperate with our defense of these claims.

 

WARRANTY OMISSION

YOUR UTILIZATION OF WWW.MARYANNCRUZ.CO AND SERVICE(S) IS AT YOUR OWN RISK.  THE SITE AND SERVICE(S), INCLUDING CONTENT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES.  WWW.MARYANNCRUZ.CO AND ITS AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY, TITLE AND NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

WWW.MARYANNCRUZ.CO AND ITS AFFILIATES DO NOT WARRANT, THEREFORE ARE NOT LIABLE:

• SERVICE CONTINUITY AND SECURITY (TO AND/OR FROM THE SITE)
• MATERIALS/CONTENT ACCURACY, RELIABILITY, COMPLETENESS OR ERROR-FREE
• ANY DAMAGES, LOSSES, OR EXPENSES, CONDUCT OF ANY KIND (PERSONAL INJURY OR PROPERTY DAMAGES) ARISING FROM OR ASSOCIATED WITH USE OF THE SITE(S) OR SERVICE(S)
• ANY THIRD-PARTY PRODUCT(S) OR SERVICES(S) RECOMMENDED OR MARKETED THROUGH THE SITE

 

AS A USER, YOU ACKNOWLEDGE AND AGREE THAT MATERIAL/CONTENT THAT IS DOWNLOADED OR UPLOADED IS DONE AT YOUR OWN RISK; USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE(S) OR LOSS(ES) THAT MAY OCCUR.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MC CREATIVE SOLUTIONS AND ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES; INCLUDING BUT NOT LIMITED TO:

• LOSS OF USE
• LOSS OF FUNDS (REVENUE, PROFITS)
• LOSS OF DATA
• OTHER INTANGIBLE LOSS(ES) (EVEN IF MC CREATIVE SOLUTIONS AND/OR ITS AFFILIATES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE(S)), ARISING OR RESULTING FROM:
  • THE ABILITY OR INABILITY TO ACCESS AND/OR USE MATERIALS, CONTENT, OR SERVICES AVAILABLE THROUGH OUR COMMUNITY (SITE)
  • UNAUTHORIZED ACCESS OF DATA TRANSMISSION(S), INCLUDING ALTERATION

 

GOVERNING LAW

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Connecticut applicable to agreements made and to be entirely performed within the State of Connecticut, without regard to its conflict of law principles.

  

ARBITRATION AGREEMENT

By utilizing the Site/community and services, you agree to arbitrate any and all disputes or claims between us.  This agreement includes, but is not limited to the following:

• disputes and/or claims pertaining to the platform/community/site or services
• disputes and/or claims pertaining to these Terms of Service
• disputes and/or claims that resulting from termination of these Terms of Service
• disputes and/or claims that resulting from the prior agreement within Terms of Service

 

The determination of the scope of applicability of this agreement to arbitrate (a “Claim”) will be resolved exclusively by final and binding arbitration in the state of Connecticut in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The AAA Rules are available online: Commercial Arbitration Rules and Mediation Procedures or you may call the AAA directly at 1-800-778-7879.

By agreeing to these Terms of Service, you agree that you and MC Creative Solutions are each waiving the right to a trial by jury or to participate in a class action.  This arbitration agreement does not preclude you from bringing users to the attention of federal, state, or local government.

 

GENERAL PROVISIONS

1. We reserve the right to modify, update, or discontinue the services at our sole discretion, at any time, for any or no reason, and without notice or liability.
2. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site.
3. We cannot guarantee the Site will be available at all times.
4. We may provide you with notices, including those regarding changes to these Terms of Service by email, regular mail, or communications through the services.
5. Except as otherwise stated herein, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
6. The Terms of Service, as amended from time to time, contain the entire agreement between you and us regarding the use of the services. Any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
7. A waiver by one party hereto of breach of any provision of this agreement by the other shall not operate or be construed as a continuing waiver.
8. If any provision of this agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of the agreement shall nevertheless remain in full force and effect. Any otherwise void, invalid or unenforceable section, term or provision of the agreement shall be so construed or reformed, as to alter, amend or change any such term, provision or condition to the extent necessary to render it valid, lawful and enforceable, while also giving maximum effect to the parties’ originally intended purpose or result, short of creating any void, invalid or unenforceable provision, term or condition.
9. The Terms of Service, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate this agreement and be void.
10. Section headings are for convenience only and are not to be considered a part of this agreement and are not intended to be a full and accurate description of the contents hereof.

 

CORRECTIONS

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

 

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.  YOU AGREE THAT YOUR USE OF THE SITE AND OUR 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 SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL 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 SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FRO ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SITE, 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 ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OF IN AN ENVIRONMENT, YOU SHOULD USE YOUR BUSINESS JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, 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 phone: (800) 952-5210 or (916) 445-1254

MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on the site or in respect to the Site constitute the entire agreement and understanding between you and us.  Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.  These Terms of Service 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 shall 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 Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service 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 Terms of Service or use of the Site.  You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto execute these Terms of Service.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the Site, please contact us at:

MC Creative Solutions, LLC

Phone: 860-263-9208

info@maryanncruz.co

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Privacy Policy

Who we are

Welcome to www.maryanncruz.co (referred to as “MC Creative Solutions, LLC”, MC Creative Soutions”, “site”, “we”, “us”, “our”, or “community”) a site developed to offer services and resources to the creatives and other entrepreneurs.  The owner and operator of this Site is MC Creative Solutions, LLC, (referred to as the “site”, “we”, “us”, “our”, or “community”) based in Connecticut.  This Privacy Policy provides details with respect to how information is collected, used and disclosed by MC Creative Solutions, when utilizing our online resources, courses, and community (“services”).  Note:  The Privacy Policy does not apply to third party merchants and/or affiliate sites as the information they collect and store may differ than what is needed to utilize our site.  Additionally, the Privacy Policy will be reviewed and revised occasionally.  In the instance that a revision has been made, we will notify users/visitors by adding a notification within our site and posting the revision date at the top of the page.  Your continued utilization of our community following the revised Privacy Policy will indicate your consent to the revisions (changes or modifications).

What personal data we collect and why we collect it

Information Collected

When you register on our site and utilize our services (online resources, courses, and community) there may be personal information that is collected for the purpose of providing you service(s).

Personal Data

Personal information collected includes the following:

• Name (First, Last)
• E-mail address
• Location
• Username (within the site/community)
• Social Media information
• Other information you voluntarily provide

By providing us your personal information, you consent to our use of it in accordance with the Privacy Policy.  

Other Data

In utilizing our site and/or services there is non-personal identifiable data our server(s) may automatically collect from your device. The pass-through information is comprised of the following:

• Internet Protocol address (IP Address)
• Domain name
• Operating system
• Internet/Web browser type
• Device characteristics
• Referring and exit pages (website page you visit prior and after our site)
• Website usage (includes time accessed, search terms, click rates between pages)

This information is primarily needed to maintain the security and operation of our site, and for our internal analytics and reporting. Like many businesses, we also collect information through cookies and similar technologies.

Cookies

In utilizing our site, as with most web sites, www.maryanncruz.co utilizes cookies (a small piece of data) and similar tracking technologies (like web beacons and pixels) to track usage within our Site.  Information that is captured such as access and usage allow us to make revisions to the system for quality performance.  While some cookies allow us to identify the number of distinctive visitors we receive, others will allow us to understand the length of time you spend in our community, pages of interest and site functions leveraged.  Additionally, information such as referring and exit pages provide us with information pertaining to which marketing methods may be successful and which social media platforms you may be leveraging to share information. While most of the cookies we receive are set by us; we also utilize Google Analytics (a third-party) for statistical analysis and reporting purposes.   For further information pertaining to Google Analytics privacy policy or to opt-out, visit their site directly (link provided). For information pertaining to blocking cookies, visit: https://tools.google.com/dlpage/gaoptout

Social Media Network Integration

Our site offers you the ability to register and login using various social media networks, i.e. Instagram, for a more streamlined experience.  If you select to do this, it will be required for you to log into and grant us permission to the specified social media network. With this integration, the social media network will provide www.maryanncruz.co with access to specific data you’ve provided to them, and we will utilize and disclose that information in accordance with this Privacy Policy.  Please note, the social media network will have its own policies with respect to how your information is used, stored, and disclosed.  We recommend you review their privacy policy to understand how they collect, use and share your personal information and how you can set your privacy preferences on their sites and apps.  MC Creative Solutions is not liable or responsible for the privacy practices and/or actions of any third-party service provider, in this case, social media network.

Utilization of Personal Data

MC Creative Solutions will utilize your data for the intent it was provided and business development. The following are some examples:

• Provide services, i.e. ability to create a profile and access course materials/services
• Facilitate account creation and login process, i.e. if you select to link your account with us to a third-party account such as Instagram or LinkedIn
• Provide an entry point for transactions to be processed by third-party, i.e. making payments for services rendered by Stripe
• Provide customer/support services, i.e. respond to customer questions, comments, and/or requests
• Communicate with www.maryanncruz.co community, i.e. provide updates*, administrative information, news, and events
  • *updates may include: site, support, security, technical notices, service, new features
• Enhance customer experience by analyzing data trends and usage to align service offerings
• Improve marketing strategies based on community communication and service preferences
• Development of new business strategies
• Post testimonials.  We will post testimonials on our Site with your consent.  Information will include name, business name, and testimonial.  If you wish to make revisions or remove the testimonial, please contact us at:  info@maryanncruz.co and include your name (as listed in the profiles) and contact information
• Request feedback

Terms of Information

MC Creatives will only keep your information as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).  No purpose in this policy will require us keeping your personal information for longer than the period of time in which users have an account with us. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Data Confidentiality and Disclosures

Information submitted to www.maryanncruz.co for the purpose of developing a profile as a result of purchasing a course and/or service is considered confidential therefore is not sold to any third-party agencies.  In doing business, enhancing services/security and/or developing business strategies, there may be instances in which we collaborate with a third-party vendor and may require sharing your personal information without notice to you.  Following are some examples of the aforementioned:

• Service Providers:  There may be instances in which MC Creative Solutions may retain a vendor, consultant or other service provider to perform business functions on our behalf.  In these instances, the only information provided to the vendor/consultant/service provided will simply be the data that is necessary to perform the specified function(s).  While service providers agree upon safeguarding the data utilized from unauthorized access, please note once the information has been disclosed to third-parties, we are unable to guarantee that they will not utilize your data for other purposes.  Subsequently, MC Creative Solutions is not liable for the actions or oversight of any third-party service provider.

Examples of services that are contracted to third-parties include:

• Processing transactions (e.g. Stripe, PayPal, Square)
  • Data Analysis (e.g. web and mobile analytics- Google Analytics)
  • Marketing
  • Email delivery (e.g. Mailchimp, MailerLite, Hubspot)
  • Customer service (e.g. communicate and chat w/users)
  • User Commenting and Forums (e.g. Facebook comments, blog comments)
  • User Account Registration and Authentication
  • Website Hosting
• Business Development:  In the event of a business expansion, reorganization, sale, merger, consolidation or dissolution; Personal Information may be transferred as part of the assets.
• Terms of Service and Security:  In the event your actions within our site/community conflict with our Terms of Service agreement, may impair the site, our rights or property and/or safety of those within our community.  While we have measures to protect your information, you understand there is no guarantee of its security.
• Legal Requisite:  Personal information may be released in compliance with a court order, governmental requests, and/or other legal process.  Including in response to public authorities to meet national security or law enforcement requirements.  Additionally, to protect the personal safety of a site user/community member or protect from legal liability.
• Other:  Per your request or with your consent

 

Public Information

While utilizing www.maryanncruz.co , please be aware that the information you post within the following pages is visible to the public:

• Comments in blog posts
• Other public pages within the site

MC Creative Solutions cannot control who views this information and/or how they utilize it.

Analytics and Advertising

In an effort to continuously enhance our service offerings and customer experience, www.maryanncruz.co periodically administers data analysis to gain a better understanding of data trends, customer demographics, and interests.  Information utilized during the analysis is comprised of both personal and de-identified (does not identify user) data so that we may disclose user statistics to staff, current and potential partners, as well as third-party service providers on an as needed basis. Third-parties that will have access to specific data analysis include MC Creative Solutions advertising service providers.   Examples of data that may be shared include: web browser, page(s) clicked through, length of time on page(s), and advertisements clicked.  This information will be utilized for to further develop advertising/marketing strategies to include interest-based advertisements. For further information regarding interest-based advertisement practices and/or to opt-out, visit:

• Network Advertising Initiative
• Digital Advertising Alliance

To opt-out of informational and/or promotional content sent by MC Creative Solutions directly, please follow opt-out instructions within the email/newsletter or by e-mailing us at info@maryanncruz.co

Security

While www.maryanncruz.co, has implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process; it is important to note, that transmission of data over the internet is not guaranteed to be 100% secure hence you do so at your own risk.  Additionally, we are unable to guarantee the security of information transmitted through our site thus we advise you access the services within a secure environment. All use of the site is at your own risk.

Links to Other Sites

Our site contains various links to affiliates and third-party service providers.  Please note, this Privacy Policy only applies to www.maryanncruz.co and does not include third-party sites.  MC Creative Solutions is not responsible for the privacy policies or practices of any third-party. We highly recommend you view their respective privacy policies prior to providing any information on their site as we do not have control over third-party websites.

Privacy of Minors

We do not knowingly solicit data from or market to children under 18 years of age.  By using the site, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the site.  If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of any data we have collected from children under age 18, please contact us at:  info@maryanncruz.co

Other Terms

Access and use of the Site is subject to the Terms of Service at www.maryanncruz.co/terms

Privacy Policy Updates

The services offered via www.maryanncruz.co may evolve over time therefore it may be necessary for us to make revisions to our Privacy Policy.  MC Creative Solutions reserves the right to make modifications to this Privacy Policy periodically.  Upon posting policy revisions, the last updated date indicated above will also be revised.  If you disagree with revisions to the Privacy Policy, you may discontinue the use of service by deactivating your account.  Be certain to review our policy periodically prior to submitting personal data.  As you continue the use our services after revisions, shall indicate you agree with the terms of the revised Privacy Policy.

Privacy Rights

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority.  You can find their contact details here:  https://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log into your account settings and update your user account.
• To delete your account, contact us directly:  info@maryanncruz.co

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases.  However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service and/or comply with legal requirements. Cookies and similar technologies:  Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies.  If you choose to remove cookies or reject cookies, this could affect certain features or services of our sites.  To opt-out of interest-based advertising by advertisers on our site, visit: http://optout.aboutads.info/choices/ Opting out of email marketing:  You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below.  You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account.  To otherwise opt-out, you may:

• Click the unsubscribe link on the bottom of the communication or e-mail us at:  info@maryanncruz.co

Controls for Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preferences not to have data about your online browsing activities monitored and collected.  No uniform technology standard for recognizing and implementing DNT signals has been finalized.  As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.  If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

California Resident Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third-parties for direct marketing purposes and the names and addresses of all third-[arties with which we shared personal information in the immediately preceding calendar year.  If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below. If you are under 18 years of age, reside in California, and have a registered account with the site, you have the right to request removal of unwanted data that you publicly post on the site.  To request removal of such data, please contact us using the contact information below, and include the email address associated with your account and a statement at you reside in California.  We will make sure the data is not publicly displayed on the site, but please be aware that the data may not be completely or comprehensively removed from our systems.

MC Creative Solutions Contact

Please feel free to contact us with any questions and/or concerns regarding the www.maryanncruz.co Privacy Policy. Request(s) may be sent to: info@maryanncruz.co ×