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: email@example.com
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.
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 firstname.lastname@example.org
USER CODE OF CONDUCT:
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:
- Course assignment responses
- Images (photos and/or graphics)
- Comments and/or messages
- 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:
- To portray yourself and/or affiliation with a person or entity which is false (impersonate)
- 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.
- 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:
- 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.
- Engage in unauthorized framing of or linking to the Site.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Delete the copyright or other proprietary rights notice from any Content.
- 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.
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.
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.
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 email@example.com 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.
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.
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
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.
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.
- 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.
- We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Site.
- We cannot guarantee the Site will be available at all times.
- We may provide you with notices, including those regarding changes to these Terms of Service by email, regular mail, or communications through the services.
- Except as otherwise stated herein, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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
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.
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