Agreement between user and nowitsmarysturn.com
Welcome to nowitsmarysturn.com. Thenowitsmarysturn.com website (the “Site”) is comprised of various web pages operated by Mary E. Clark, LLC (“Mary E. Clark”).nowitsmarysturn.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of nowitsmarysturn.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
nowitsmarysturn.com is an E-commerce site. This website is directed to people who are interested in life and weight loss surgery support, encouragement and coaching. Services and products are available for purchase to support people in their life and weight loss surgery journeys.
Visiting nowitsmarysturn.com or sending emails to Mary E. Clark constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Mary E. Clark is not responsible for third party access to your account that results from theft or misappropriation of your account. Mary E. Clark and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Mary E. Clark does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use nowitsmarysturn.com only with permission of a parent or guardian.
Because these are digital files and downloadable immediately, we are unable to offer any returns or refunds. All sales are final.
Links to third party sites/Third party services
nowitsmarysturn.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Mary E. Clark and Mary E. Clark is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mary E. Clark is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mary E. Clark of the site or any association with its operators.
Certain services made available via nowitsmarysturn.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the nowitsmarysturn.com domain, you hereby acknowledge and consent that Mary E. Clark may share such information and data with any third party with whom Mary E. Clark has a contractual relationship to provide the requested product, service or functionality on behalf of nowitsmarysturn.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Mary E. Clark or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Mary E. Clark content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Mary E. Clark and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Mary E. Clark or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Mary E. Clark has no obligation to monitor the Communication Services. However, Mary E. Clark reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Mary E. Clark reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Mary E. Clark reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mary E. Clark’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Mary E. Clark does not control or endorse the content, messages or information found in any Communication Service and, therefore, Mary E. Clark specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Mary E. Clark spokespersons, and their views do not necessarily reflect those of Mary E. Clark.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to nowitsmarysturn.com or posted on any Mary E. Clark web page
Mary E. Clark does not claim ownership of the materials you provide to nowitsmarysturn.com (including feedback and suggestions) or post, upload, input or submit to any Mary E. Clark Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mary E. Clark, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Mary E. Clark is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Mary E. Clark’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Mary E. Clark account to third party accounts. By connecting your Mary E. Clark account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Mary E. Clark from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Mary E. Clark Content accessed through nowitsmarysturn.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Mary E. Clark, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Mary E. Clark reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mary E. Clark in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARY E. CLARK, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MARY E. CLARK, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MARY E. CLARK, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Mary E. Clark reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mary E. Clark as a result of this agreement or use of the Site. Mary E. Clark’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Mary E. Clark’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Mary E. Clark with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Mary E. Clark with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Mary E. Clark with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
- You must be at least 18 years old to post any content.
- You are prohibited from posting any content that is personal health information. You are also prohibited from using the Website or Social Media Site to provide medical advice or medical commentary.
- Posting content to any Website or Social Media Site on the internet, you agree that you will not: violate any local, state, federal and international laws and regulations, including but not limited to copyright and intellectual property rights laws regarding any content that you send or receive via this Policy; transmit any material (by uploading, posting, email or otherwise) that is unlawful, disruptive, threatening, profane, abusive, harassing, embarrassing, tortuous, defamatory, obscene, libelous, or is an invasion of another’s privacy, is hateful or racially, ethnically or otherwise objectionable as solely determined in Mary E. Clark, LLC’s discretion; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships; transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; transmit any material (by uploading, posting, email or otherwise) that contains software viruses, worms, disabling code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent; or to share confidential pricing information of any party.
- Mary E. Clark, LLC reserves the right to monitor, prohibit, restrict, block, suspend, terminate, delete, or discontinue your access to any Website or Social Media Site, at any time, without notice and for any reason and in its sole discretion. Mary E. Clark, LLC may remove, delete, block, filter or restrict by any other means any materials in Mary E. Clark, LLC’s sole discretion. You understand and agree that Mary E Clark, LLC may disclose your communications and activities with Mary E. Clark, LLC in response to lawful requests by governmental authorities, including Patriot Act requests, judicial orders, warrants or subpoenas, or for the protection of Mary E. Clark, LLC’s rights. You agree that in the event that Mary E. Clark, LLC exercises any of its rights hereunder for any reason, Mary E. Clark, LLC will have no liability to you.
- By posting any content on any Social Media Site, you grant to Mary E. Clark, LLC the irrevocable right to reproduce, distribute, publish, display such content and the right to create derivative works from your content, edit or modify such content and anonymously use such content for any Mary E. Clark, LLC purpose.
- You shall defend, indemnify, and hold Mary E. Clark, LLC and its affiliates and their respective officers, directors, employees, contractors, agents, successors and assigns harmless from and against, and shall promptly reimburse them for, any and all losses, claims, damages, settlements, costs, and liabilities of any nature whatsoever (including reasonable attorneys’ fees) to which any of them may become subject arising out of, based upon, as a result of, or in any way connected with, your posting of any content to a Website or Social Media Site, any third party claims of infringement or any breach of this Policy.
- YOU EXPRESSLY ACKNOWLEDGE THAT YOU ASSUME ALL RESPONSIBILITY RELATED TO THE SECURITY, PRIVACY, AND CONFIDENTIALITY RISKS INHERENT IN SENDING ANY CONTENT OVER THE INTERNET. By its very nature, a website AND THE INTERNET cannot be absolutely protected against intentional or malicious intrusion attempts. Mary E. Clark, LLC does not control the THIRD PARTY SITES AND THE Internet over which you may choose to send confidential personal or health information OR OTHER CONTENT and, therefore, MARY E. CLARK, LLC DOES NOT WARRANT ANY SAFEGUARD AGAINST ANY such interceptions or compromises to your information. When posting any content on an internet site, you should think carefully about your own privacy in disclosing detailed or private information about yourself and your family. FURTHERMORE, MARY E. CLARK, LLC DOES NOT ENDORSE ANY PRODUCT, SERVICE, VIEWS OR CONTENT DISPLAYED ON THE SOCIAL MEDIA SITE.
- You agree that any claim or dispute relating to your posting of any content on a Website or Social Media Site on the internet shall be construed in accordance with the United States laws without regard to its conflict of laws provisions and you agree to be bound and shall be subject to the exclusive jurisdiction of the local, state or federal courts.
- You may not provide any content to a Website or Social Media Site that contains any product or service endorsements or any content that may be construed as political lobbying, solicitations or contributions or use the Website or Social Media Site to link to any sites or political candidates or parties or use the Social Media Site to discuss political campaigns, issues or for taking a position on any legislation or law.
THIS POLICY MAY BE UPDATED AT ANY TIME WITHOUT NOTICE, AND EACH TIME A USER ACCESSES A WEBSITE OR SOCIAL NETWORKING SITE, THE NEW POLICY WILL GOVERN, USAGE, EFFECTIVE UPON POSTING. To remain in compliance, Mary E. Clark, LLC suggests that you review the Policy, as well as the other website policies, at regular intervals. By continuing to post any content after such new terms are posted, you accept and agree to any and all such modifications to this Policy.
Changes to Terms
Mary E. Clark reserves the right, in its sole discretion, to change the Terms under which nowitsmarysturn.com is offered. The most current version of the Terms will supersede all previous versions. Mary E. Clark encourages you to periodically review the Terms to stay informed of our updates.
Mary E. Clark welcomes your questions or comments regarding the Terms:
Mary E. Clark, LLC
15047 Belcourt Dr.
Whittier, California 90604
Effective as of July 1, 2015