BY VISITING MarinGraves.com YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
OVERVIEW
The terms WE, US, OUR, and COMPANY refer to MarinGraves.com and Marin Graves, employees, and assistants to Marin Graves. The term the SITE refers to MarinGraves.com. The terms USER, YOU, YOUR refer to SITE visitors, customers, and any other USERS of the SITE.Spiritual Counseling, rootwork and Classes (SERVICES),including all materials presented herein and all online SERVICES provided by Marin Graves, is subject to the following Terms and Conditions.
In accordance with these Terms of SERVICE, OUR Privacy Policy and any additional terms and conditions that may apply to specific sections of the SITE or to products and SERVICES available through the SITE or from COMPANY, apply to all SITE visitors, customers, and all other USERS of the SITE.
By using the SITE or SERVICE, YOU agree to these Terms and Conditions, without modification, and acknowledge reading them.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
USE OF THE SITE AND SERVICE
To access or use the SITE, YOU must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the SITE. Information provided on the SITE and in the SERVICE related to Marin Graves and other information are subject to change. Marin Graves makes no representation or warranty that the information provided, regardless of its source, the content is accurate, complete, reliable, current, or error free. Marin Graves disclaims all liability for any inaccuracy, error, or incompleteness in the content.
ACCOUNT CREATION
In order to use the SERVICE, YOU may be required to provide information about yourself including YOUR name, email address, username and password, and other personal information. YOU agree that any registration information YOU give to Marin Graves will always be accurate, correct, and up to date. YOU must not impersonate someone else or provide account information or an email address other than YOUR own. YOUR account must not be used for any illegal or unauthorized purpose. YOU must not, in the use of the SERVICE, violate any laws in YOUR jurisdiction.
LAWFUL PURPOSES
YOU may use the SITE and SERVICE for lawful purposes only. YOU agree to be financially responsible for all purchases made by YOU or someone acting on YOUR behalf through the SITE. YOU agree to use the SITE and to purchase SERVICES or products through the SITE for legitimate, non commercial purposes only. YOU shall not post or transmit through the SITE any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The SERVICES are offered subject to OUR acceptance of YOUR order or requests. WE reserve the right to refuse SERVICE to any order, service and request, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by US until payment has been processed. WE may at any time change or discontinue any aspect or feature of the SITE or SERVICE, subject to US fulfilling OUR previous responsibilities to YOU based on acceptance of YOUR payment.
CANCELLATIONS, REFUNDS & RETURNS
For all readings and appointments, whether by phone, Skype or in-person, 24-Hour notice is required to reschedule appointments. Missed appointments are subject to the entire SERVICE charge paid. In order to schedule future appointments, both the missed appointment SERVICE charge and prospective appointment SERVICE charge must be prepaid. No refunds are given on spiritual counseling, rootwork SERVICES, spellcrafting, and mentorship, materials, classes, supplies, or educational SERVICES, purchased individually or as a package. For more information, please visit “CANCELLATION POLICY” *************MARK LINK HERE
PRODUCT DESCRIPTION
WE endeavor to describe and display the SERVICE as accurately as possible. While WE try to be as clear as possible in explaining the SERVICE, please do not accept that the SITE is entirely accurate, current, or error free. From time to time WE may correct errors in pricing and descriptions. WE reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
YOU shall not upload, post or otherwise make available on the SITE or corresponding and linked Facebook account, any artwork, photos, or other materials protected by copyright, trademark, or other proprietary right without the express written permission of Marin Graves, or the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any materials are not so protected rests entirely with YOU. YOU shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all materials submitted by YOU to the SITE, YOU automatically represent or warrant that YOU have the authority to use and distribute the materials, and that the use or display of the materials will not violate any laws, rules, regulations, or rights of third parties.
This SITE may include a variety of features, such as bulletin boards, web logs, chat rooms, and email SERVICES, which allow feedback to US and real time interaction between USERS, and other features which allow USERS to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the SITE, or sent via any email SERVICES on the SITE, lies with each USER. YOU alone are responsible for the material YOU post or send. WE do not control the messages, information or files that YOU or others may provide through the SITE. It is a condition of YOUR use of the SITE that YOU do not:
Restrict or inhibit any other USER from USing and enjoying the SITE.
Use the SITE to impersonate any person or entity, or falsely state or otherwise misrepresent YOUR affiliation with a person or entity.
Interfere with or disrupt any servers or networks USed to provide the SITE or its features, or disobey any requirements, procedures, policies or regulations of the networks WE use to provide the SITE.
Use the SITE to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the SITE, or any account, computer system, or network connected to this SITE, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this SITE.
Use the SITE to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the SITE to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the SITE to post or transmit any information, software or other material that contains a virus other harmful component.
Use the SITE to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the SITE to advertise or solicit to anyone to buy or sell products or SERVICES, or to make donations of any kind, without OUR express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other USERS of the SITE.
COMPANY may host message boards, chats and other public forums on its SITES. Any USER failing to comply with the Terms and Conditions of this agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any USER created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for USERS and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY’S outside contributors, or by USERS not connected with COMPANY, some of whom may employ anonymous user-names.
COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are WE responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will WE, OUR affiliates, suppliers or agents be liable for any loss or damage caused by YOUR reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, YOU acknowledge and agree that WE have the absolute right to monitor the same at OUR sole discretion. In addition, WE reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, OUR clients, sponsors, USERS and visitors.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
WE claim no intellectual property rights over the material YOU supply to Marin Graves. YOU retain copyright and any other rights YOU may rightfully hold in any content that YOU submit through the SITE or SERVICE. Content YOU submit to Marin Graves remains yours to the extent that YOU have any legal claims therein. YOU agree to hold Marin Graves harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against YOU. By posting material, including photographs, comments, opinions, testimony, or blog postings, on the SITE, and corresponding Facebook SITE, YOU grant US a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
OUR INTELLECTUAL PROPERTY
The SITE and SERVICE contain intellectual property owned by Marin Graves, including trademarks (A Gypsy Grounded in Reality), copyrights, proprietary information, and other intellectual property. YOU may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the SITE or SERVICE, in whole or in part, without OUR prior written consent. WE reserve the right to immediately remove YOU from the SERVICE, without refund, if YOU are caught violating this intellectual property policy.
THIRD PARTY RESOURCES
The SITE and the SERVICE contain links to third party websites and resources. YOU acknowledge and agree that WE are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Marin Graves. YOU acknowledge sole responsibility for and assume all risk arising from YOUR use of any such websites or resources.
Certain sections of the SITE may allow YOU to purchase many different types of products and SERVICES online that are provided by third parties. WE are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and SERVICES. If YOU make a purchase from a merchant on the SITE or on a SITE linked to by the SITE, the information obtained during YOUR visit to that merchant’s online store or SITE, and the information that YOU give as part of the transaction, such as YOUR credit card number and contact information, may be collected by both the merchant and US. A merchant may have privacy and data collection practices that are different from ours. WE have no responsibility or liability for these independent policies. In addition, when YOU purchase products or SERVICES on or through the SITE, YOU may be subject to additional terms and conditions that specifically apply to YOUR purchase or use of such products or SERVICES. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. YOU release US and OUR affiliates from any damages that YOU incur, and agree not to assert any claims against US or them, arising from YOUR purchase or use of any products or SERVICES made available by third parties through the SITE.
YOUR participation, correspondence or business dealings with any third party found on or through OUR SITE, regarding payment and delivery of specific goods and SERVICES, and any other terms, conditions, representations or warranties associated with such dealings, are solely between YOU and such third party. YOU agree that COMPANY shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
INDEMNIFICATION
YOU shall indemnify and hold US harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by YOU of any of these Terms and Conditions, or any use by YOU of the SITE or SERVICE. YOU shall provide US with such assistance, without charge, as WE may request in connection with any such defense, including, without limitation, providing US with such information, documents, records, and reasonable access to YOU, as WE deem necessary. YOU shall not settle any third party claim or waive any defense without OUR prior written consent.
CHANGED TERMS
WE may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to YOU by US revising and posting the new Terms and Conditions on this SITE. Any use of the SITE or SERVICE by YOU after such change means YOU accept these amendments. WE reserve the right to update any portion of OUR SITE and SERVICE, including these Terms and Conditions, at any time. WE will post the most recent versions to the SITE and list the effective dates on the pages of OUR Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, MARIN GRAVES IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MARIN GRAVES HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MARIN GRAVES’ CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM MARIN GRAVES, AND IF NO PURCHASE HAS BEEN MADE BY YOU MARIN GRAVES’ CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100. UDS.
GOVERNING LAW; VENUE; MEDIATION
This agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Nevada County, California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute
resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between YOU and Marin Graves pertaining to the SITE and SERVICE and supersedes all prior and contemporaneous agreements, representations, and understandings between US. No waiver of any of the provisions of this Agreement by Marin Graves shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Marin Graves.
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Marin Graves
PO Box 726
Grass Valley, California 95945
Marin@MarinGraves.com
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by YOU. Any transfer, assignment, delegation, or sublicense by YOU is invalid.
Updated: August 2015
