Terms of Use

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS AND WAIVERS CAREFULLY BEFORE USING THIS WEBSITE.

Emily Marko and/or her successors in interest (the “Company,” “we” or “our”), as a convenience to you grants you access to its website and services, accessible via www.emilymarko.com (the “Site”), including when accessed through any link that connects to the Site, conditioned on your acceptance of the terms, conditions and notices contained herein (these “Terms of Use”). When you access, use or browse the Site, you accept, without limitation or qualification, these Terms of Use as if you had signed them. 

For the purposes of these Terms of Use, “you” and “user” means a customer, who is accessing the Site through a particular username and password, or other visitor to the site.“Content” means, collectively, any content, including, without limitation, any text, software, source code, applications, specifications, images, audio files, articles, sign-ups, and other information or content made available through the Site.

You agree that the Company may modify these Terms of Use from time to time, upon providing you with prior notice. Changes to the Terms of Use will be made effective no earlier than ten (10) days after they are posted to the Site, except that changes addressing new functions or changes made for legal reasons will be effective immediately. Notice of changes to the Terms of Use will be provided by sending you an email at the address we have on file for you with your account. For material changes to these Terms of Use that affect the collection or use of personal information, we will notify and obtain the prior verifiable consent from the user. You are responsible for regularly reviewing these Terms of Use.

These Terms of Use are effective as of July 2, 2021.

ACCEPTANCE OF TERMS

Please read these Terms of Use carefully. By accessing or using the Site, you agree to these Terms of Use, and you consent to the collection and use of information as described in our Privacy Policy, which can be found on the Site. If you do not agree to these Terms of Use, you must exit the Site immediately. These Terms of Use are applicable to all users of the Site.

LICENSE GRANT

The Company hereby grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Site and its content for your personal and non-commercial use. If using this Site and its content for your business, you may do so, but may not resell, distribute, market, offer as as service, or otherwise use the Site and content for any reason not related to internal operations. No license is granted to any third-party and you have no right to make available to anyone access to the Site or the Content who does not have a valid license to access the Site.

RESTRICTIONS ON USE OF SITE

Unless otherwise specified or as described above, the Site is for your personal, educational and noncommercial use. You may not (a) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Site; (d) directly or indirectly distribute, resell, rent, lease, subcontract, operate or otherwise grant access to, or use for the benefit of any third-party (whether or not in a timesharing or service bureau environment), the Site; (e) decompile, disassemble, reverse engineer or translate the Site; (f) attempt to interfere with or disrupt the Site; or (g) disclose any passwords or other security or authentication device with respect to the Site to any person other than the person to whom it was issued. You are solely responsible for all activity and use of the Site that occurs under your account or password.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of your material from the Site solely for your own noncommercial use or for internal company use as detailed above. Any other use of materials on this Site, including, but not limited to, the modification, reproduction, distribution, republication, display or transmission of the Content of this Site, without prior written permission of the Company is strictly prohibited.

If you allow a competing company access to the Site, or download the content for the purposes of providing it to a competing company, you will be legally responsible for the damage caused by the release of proprietary information from the Site.

Harassment in any manner or form on the Site, including via email and posting of messages containing obscene or abusive language is strictly forbidden. Impersonation of others, including a Company employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

REPRESENTATIONS, WARRANTIES AND COVENANTS

You represent, warrant and covenant to the Company that:

  • You have full power, capacity and authority to enter into these Terms of Use.
  • You are an authorized person, who either has or is employed by the customer that has a contractual agreement with Emily Marko.
  • You will access and use the Site solely for legitimate purposes and in compliance with all applicable federal, state and local laws, rules and regulations (“Applicable Law”).
  • You will not transmit or upload to the Site any viruses, worms, Trojan horses, spyware, back door or other malicious code.
  • You will not permit any third party to access the Site or otherwise disclose any Content to any third party.
COPYRIGHTS

The Content and the Site, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of the Company and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with the Company’s express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, the Company grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by the Company’s licensors may be subject to additional restrictions.

TRADEMARKS

All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to the Company or other respective owners that have granted the Company the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of the Company, and you may not remove or otherwise modify any trademark notices from any Content.

NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent (information below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. The Company respects the intellectual property of others, and we ask our users and visitors to do the same. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Applicable Law. Upon receipt of notice, the Company will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company with the following information (as required by 17 U.S.C. §512(c)(3)). Please be advised that to be effective, the notification must include ALL of the following:

  1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address and all other information reasonably sufficient to permit the Company to contact you;
  5. a 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;
  6. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail:

Chief Executive Office
Emily Marko
43 Clairview Drive, Carnegie PA 15106
emily@emilymarko.com
 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

PAYMENT TERMS
You agree to pay the price applicable for all products or services you order on the schedule determined at the time of purchase and you agree to pay all applicable fees and taxes related to your use of our Site and related services. We may suspend or terminate your account and/or access to our Site or services if your payment is late and/or your payment cannot be processed. By providing a credit or debit card or other payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase on the schedule you selected at sign-up or as modified in your profile settings. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your purchase may be suspended or canceled. The Company is not liable or responsible for any claims or issues with any third party payment processors. Please note that all products and content for purchase on or through the Site are non-refundable, please read product descriptions carefully. If there are any technical issues in our delivery of any Product or Service, please contact us.
 
The Company reserves the right to modify or discontinue, temporarily or permanently, the Site, products, or content with or without notice. The Company may also change the price of any products or content. You agree that the Company shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Site, products, or content.
 
TERM; TERMINATION
These Terms of Use are applicable to you upon your accessing the Site. Except for cases where your use of the Site is governed by a separate license agreement, the Company reserves the right, for any reason, in its sole discretion, to terminate, change, suspend or discontinue the Site, your access to or use of the Site, or remove any Communications or materials provided by you, at any time, for any reason or for no reason at all, without notice and without penalty. The provisions relating to Copyrights, Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Dispute Resolution and Waiver of Jury Trial, and General shall survive any termination.
 
USER PARTICIPATION 
The Company does not and cannot review all data entered by users accessing the Site and is not in any manner responsible for the content of this data. If, you submit written content, communications, complaints, and/or other materials, whether by survey, online, by email, by postal mail, or otherwise (collectively, “Communications”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Communications that you forward to us. We are and shall be under no obligation (1) to maintain any Communications in confidence; (2) to pay compensation for any Communications; or (3) to respond to any Communications, except as may be required by law, except where such limitations are expressly agreed to by the Company and/or included in these Terms of Use or the Company’s Privacy Policy.
 
THIRD-PARTY TOOLS
In an attempt to provide increased value to our users, this Site may contain links, tools, or plug-ins that are owned and operated by third-parties other than the Company (the “External Tools”). However, no such third-party is affiliated with the Company, the Company has no control over these External Tools, all of which have separate terms of use, privacy, and data collection practices independent of the Company. The Company has no responsibility or liability for these independent policies or actions and is not responsible for the terms of use or privacy practices or the content of External Tools. External Tools do not imply that the Company sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Tools. Company is not liable or responsible for any External Tools.
 
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice. We undertake no obligation to update, amend, or clarify information on the Site except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site has been modified or updated.
 
If you find an error or inaccuracy on the Site or in any product downloaded, please contact us. 
 
DISCLAIMER
THE SITE AND THE CONTENT AND PRODUCTS ARE PROVIDED ON AN “AS-IS”, “WHERE-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ON BEHALF OF ITSELF, ITS EMPLOYEES, OFFICERS, DIRECTORS, THIRD PARTY SUPPLIERS AND AGENTS (COLLECTIVELY, “COMPANY PARTIES”) ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. NEITHER THE COMPANY NOR ANY OF THE COMPANY PARTIES REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES THE COMPANY OR ANY OF THE COMPANY PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE SITE OR THE CONTENT.
 
THE SITE IS MADE AVAILABLE VIA THE INTERNET AND YOU ACKNOWLEDGE AND AGREE THAT NEITHER THE COMPANY NOR ANY OF THE COMPANY PARTIES OPERATE OR CONTROL THE INTERNET. AS SUCH, THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. NEITHER THE COMPANY NOR ANY COMPANY PARTIES ARE RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
 
AS A CONDITION OF YOUR USE OF THE SITE, YOU REPRESENT, WARRANT AND COVENANT TO THE COMPANY THAT YOU WILL NOT USE THE SITE OR THE CONTENT FOR ANY PURPOSE THAT VIOLATES ANY APPLICABLE LAW OR IS PROHIBITED BY THESE TERMS OF USE.
 
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and each of the Company Parties from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from: (a) your use or modification or alteration of the Site or the Content or products downloaded through the Site; (b) your Communications; (c) any virus, worms, spyware, back door, Trojan horse or other malicious code transmitted to the Site by you; (d) any violation of any Applicable Law by you; and (e) any breach of these Terms of Use by you. 
 
Company shall have the right to be represented by, and have counsel appear, at its own expense, with respect to any such claim. You, may not, without the prior written consent of the Company (which such consent shall not be unreasonably withheld) settle a claim, if such a settlement: (A) includes any payment of monetary damages by the Company or injunctive relief binding on the Company; (B) includes an admission of liability by Company, or (C) does not include a release of the Company from all further liability with respect to such claim.
 
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ANY COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY DAMAGES WHATSOEVER WHETHER ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, DAMAGES FROM INTERRUPTION OF BUSINESS, LOSS OF INCOME OR OPPORTUNITIES, LOSS OF USE OF THE SITE, LOSS OF DATA, COST OF RECREATING DATA OR COST OF CAPITAL. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY HARM UNDER THESE TERMS OF USE SHALL BE TO CEASE USING THE SITE.
 
THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 
APPLICABLE LAW
Except for cases where your use of the Site is governed by a separate license agreement, your use of this Site shall be governed in all respects by the laws of the Commonwealth of Pennsylvania without regard to any choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be exclusively in the state or federal courts located in Allegheny County, Commonwealth of Pennsylvania. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
 
The Company makes no representation that materials or products  in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the Commonwealth of Pennsylvania do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations.
 
DISPUTE RESOLUTION AND WAIVER OF JURY TRIAL
You and the Company agree that each party will notify the other party in writing of any claims or disputes within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the dispute informally. Notice to the Company shall be sent through the contact form on the Site. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief you are seeking. If you and the Company cannot agree on how to resolve the dispute within thirty (30) days after the date notice is received by the applicable party, then either you or the Company may submit the dispute to binding arbitration.
 
The parties agree that any dispute arising out of or relating to these Terms, other than those resolved informally per the agreement above, be submitted to confidential binding arbitration in Allegheny County, Pennsylvania except that the Company may seek injunctive or other appropriate relief in any state or federal court in Pennsylvania if you have violated or threatened to violate the intellectual property rights of the Company or a third-party. The parties agree that:
 
  • the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association (“AAA”);
  • any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
  • If any action or claim is filed in contravention of the arbitration rules provided in this section, the parties agree to personal jurisdiction and venue in the state and federal courts of Allegheny County, Pennsylvania and both waive the right to a jury trial. All claims filed or brought contrary to this section are improperly filed, and the non-filing party is entitled to recover all attorneys’ fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.
CLASS ACTION WAIVER
COMPANY AND YOU MUTUALLY AGREE THAT BY ENTERING INTO THIS AGREEMENT, BOTH WAIVE THEIR RIGHT TO HAVE ANY DISPUTE OR CLAIM BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION, COLLECTIVE ACTION, AND/OR REPRESENTATIVE ACTION. THESE PARTIES FURTHER AGREE THAT NO ARBITRATOR SHALL NOT HAVE ANY AUTHORITY TO HEAR OR ARBITRATE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION BETWEEN THE COMPANY AND ITS USERS. Notwithstanding any other clause contained in these Terms or the AAA Rules, any claim that all or part of this class action waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, representative or private attorney general action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, representative and/or private attorney general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the class action waiver that is enforceable shall be enforced in arbitration.
 
GENERAL
The Company reserves the right to audit your usage of the Site to confirm your compliance with these Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site, or if you are accessing the Site through a license agreement, by the terms specified in that agreement. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or any use of the Site. These Terms of Use and the license granted herein, which are personal to you, may not be sold, assigned, sublicensed or otherwise transferred without the prior written consent of the Company. The Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. These Terms of Use, and our Privacy Policy found at https://emilymarko.com/privacy-policy-2/ constitute the entire agreement between you and the Company with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site.
 
QUESTIONS OR COMMENTS
Any questions or comments should be directed to the address below:
 
Chief Executive Office
Emily Marko
43 Clairview Drive, Carnegie, PA 15106
emily@emilymarko.com

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