Mari Smith / MariSmith.com Terms of Business

The important small print legal jargon!

Just know that you have my word to provide the utmost in value – whether through my blog posts, website content, products, services and/or customer service. If at any time whatsoever you have reason to be dissatisfied with my company, please contact me and my team immediately and we will do our level best to provide 100% satisfaction to you.

TERMS AND CONDITIONS OF USE

I have taken every effort to design my website to be useful, informative, helpful, honest and fun. Hopefully I’ve accomplished that — and would ask that you let me know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want. (See our Contact  page for various ways to reach my company).

All I ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using my site you automatically agree to them. Naturally, if you don’t agree, please do not use my site. I reserve the right to make any modifications that I deem necessary at any time – always in the confines of your best interests and to add value. Please continue to check these terms to see what those changes may be. Your continued use of my websites means that you accept those changes.

Restrictions on Use of Our Online Materials

All Online Materials on the site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by Mari Smith International, Inc. unless otherwise stated. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you request and receive my written permission first. Neither may you add, delete, distort or misrepresent any content on the site. Any attempts to modify any Online Material, or to defeat or circumvent my security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that my company retains full and complete title to the software and to all of the associated intellectual-property rights. You are not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to My Company

All remarks, suggestions, ideas, graphics, comments, or other information that you send to my company (other than information I promise to protect under my privacy policy) becomes and remains my property, even if this agreement is later terminated.

That means that I don’t have to treat any such submission as confidential. You can’t sue me for using ideas you submit. If I use them, or anything like them, I don’t have to pay you or anyone else for them. I will have the exclusive ownership of all present and future rights to submissions of any kind. I can use them for any purpose I deem appropriate to my mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not I) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability

I WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF MY SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

* USE OF (OR INABILITY TO USE) THE SITE
* USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM MY SITE
* FAILURE OF MY SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
* ERROR ON MY SITE
* OMISSION ON MY SITE
* INTERRUPTION OF AVAILABILITY OF MY SITE
* DEFECT ON MY SITE
* DELAY IN OPERATION OR TRANSMISSION OF MY SITE
* COMPUTER VIRUS OR LINE FAILURE

I AM NOT LIABLE FOR ANY DAMAGES, INCLUDING:
* DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
* DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES”.)
* OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)

I AM NOT LIABLE EVEN IF I’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW ME TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

HOWEVER, IN ANY EVENT, MY LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS MY SITE.

Links to Other Sites

I often provide referrals to and links to other World Wide Web sites from my site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through my site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in an operated site or have moved to another site. I am not responsible for the content or practices of third party sites that may be linked to my site. When I provide links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any site or endorsement, sponsorship or support of, including its respective employees, agents or directors.

Termination of This Agreement

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all my Web sites, along with all related documentation and all copies and installations. I may terminate this agreement at any time and without notice to you, if, in my sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on my Web site, I do not in any way promise that the materials will remain available to you. And I am entitled to terminate all or any part of my Web sites without notice to you.

Jurisdiction and Other Points to Consider

If you use my site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction

To the extent you have in any manner violated or threatened to violate and/or its affiliates’ intellectual property rights, and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: San Diego, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: San Diego, California, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

I may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.