Terms and Conditions
Conflict Coach and the materials and information contained in it are not intended to and do not constitute medical, psychological, legal, or mental health recommendations, advice or diagnosis, and may not be used for such purposes. You should always consult a qualified physician or mental health professional about your specific circumstances. You should always consult a licensed attorney in your jurisdiction about your legal rights. Martris, LLC and its affiliates disclaim any and all liability from the use of any information or advice from anything contained in our app, website, or services. Please see our Terms and Conditions for more details.
Conflict Coach website and/or mobile application is owned or operated by Martris, LLC and/or its subsidiaries or affiliates (collectively, referred to herein as “Martris”, “we”, “us”, or “our”).
You represent that you are legally able to accept these Terms and Conditions and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms and Conditions, you are not authorized to use the Site.
We reserve the right to change these Terms and Conditions at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use the Site after we post any such changes you accept the Terms and Conditions as modified.
NOTE: These terms and Conditions contain a binding arbitration and class action waiver provision in the “Binding Arbitration” section below that affects your rights under these Terms and Conditions and with respect to any “dispute” as defined below between you and us or our affiliates. You have a right to opt out of the binding arbitration and class action waiver provisions as further described in the Binding Arbitration section below. Some jurisdictions have consumer protection and other laws that my apply to the services and that do not allow certain provisions such as limitations of liability and exclusion of certain warranties, among others. To the extent that a limitation, exclusion, restriction or other provision set out herein is specifically prohibited by applicable law, such a limitation, exclusion, restriction or other provision may not apply to you.
If your subscription includes access to areas containing premium content or services, your access to or use of such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas – please also see the section ‘Payments’ below.
Use of Our Site
Martris is not an agent or representative for any User. Martris has no control over any User’s activity on the Site, including interactions between Users, and does not make any representations regarding the quality, accuracy or safety of services provided by a User, or the activities or transactions between Users. You agree that to the extent that you interact with Users, you do so at your own risk and without liability of Martris to any party.
You acknowledge that the Site is a neutral venue and not a broker, and you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. You agree to consent to Martris and/or its affiliates monitoring your disputes with users. Martris shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Rules of Conduct
There are rules of conduct that all Users are required to follow when using the Site. You must not:
- ‘harvest,’ ‘scrape’ or collect information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on or through the Site.
- use unauthorized automated means to access the Site, or otherwise gain unauthorized access to the Site or to any account or computer system connected to the Site.
- "stream catch" (download, store or transmit copies of streamed content).
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
- "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems (e.g., perform a Denial of Service attack).
- circumvent or reverse engineer the Site or its systems.
- restrict or inhibit another User or Users from using and enjoying the Site.
- manipulate or forge identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees.
- impersonate any person, including, but not limited to, other users, community members or our employees.
- engage in or promote spamming, chain letters or other unsolicited communications.
- provide inaccurate, misleading or false information to us.
- post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal.
- post any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content or behavior, asking for personally identifiable details or otherwise.
- post any content or take any action that is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful (to Martris or any Users).
- post any content that contains any information that you know is not correct or current.
- post any content or take any action that encourages criminal conduct.
- post any content or take any action that contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law.
- post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Site.
- post any content or take any action that contains or distributes any virus, malware, spyware or other malicious or harmful content or code.
- post any content or take any other action that violates any law, rule or regulation, or contains any information or content that is illegal.
- engage in any fraudulent activities including in connection with terror or money laundering activity, or any other activity which violates any policy of Martris (including these Terms and Conditions) or a Payment Processor (defined below).
- engage in tactics, or direct or encourage others, to attempt to bypass the Site or Martris's systems in order to avoid complying with any applicable policy of Martris (including these Terms and Conditions), paying applicable fees, or complying with other contractual obligations, if any.
You also must comply with all applicable laws and contractual obligations when you use the Site. You agree that you are not (i) located in, under the control of, or a national or resident of any country (a) subject to a United States (“U.S.”) government embargo, (b) that the U.S. government has identified as a "Specially Designated National" or “terrorist supporting” country or (c) on the U.S. Commerce Department's Table of Deny Orders, or (ii) listed on any U.S. government list of prohibited or restricted parties. Use of, the Site is void where prohibited.
Ownership of Site Content and Submissions
We, or our licensors or partners, own the intellectual property rights in the content and materials displayed on the Site (“Site Content”). You may use the Site (including any Site Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Content unless explicitly authorized in these Terms and Conditions or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you submit or post any materials or content to the Site, you grant us and our business partners a non-exclusive, royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, in any form or media, and via any technology we choose, whether it exists now or is created in the future. You represent that (i) any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights, (ii) the posting and use of your materials and content on or through the Site does not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and (iii) such posts and the content contained therein abide by the Rules of Conduct set forth in these Terms and Conditions.
You may choose, or we may invite you, to submit comments or ideas about the Sites and our other products and services, including without limitation about how to improve the Sites or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Martris under any fiduciary, financial or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You agree that the Idea is non-confidential and that Martris’ use of the Idea does not violate, misappropriate or infringe on the rights of any third-party, including without limitation, privacy rights, rights of publicity, copy rights, trademark and/or other intellectual property rights. Martris is not required to give you notice of the use of your Idea. You further acknowledge that, by acceptance of your Idea, Martris does not waive any rights to use similar or related ideas previously known to Martris, developed by its employees, or obtained from sources other than you.
Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of the Site lies with each User – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other User postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher and we are not responsible for their accuracy or legality.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Our Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms and Conditions violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms and Conditions.
Although Our Representatives may moderate content, conduct and Terms and Conditions compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will "take care" of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms and Conditions violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms and Conditions violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms and Conditions violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
Registration and Login
To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse you service in the future, without refund. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
If you are a business (including a vendor) and experience a dissolution, merger or other significant change in organization or personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all User posts and other Site Content previously associated with such account.
Billing Policies. You are responsible for paying any and all applicable fees (including subscription fees) as set forth in any agreement entered into (i) through the Site (including for any mobile application) or (ii) by clicking through to another digital property or mobile application (including through the Apple App Store) that requires payment, and applicable taxes associated with the Site in a timely manner with a valid payment method. Unless we state in writing otherwise, all fees and charges are nonrefundable. Unless otherwise stated, all fees are quoted in U.S. dollars. All payments must be made by the methods specified within the Site. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete and accurate (e.g., updating any change in billing address, payment card number, and expiration date) and to notify Martris if your selected payment method is cancelled (e.g., for loss or theft). If you want to use a different debit or credit card, or there is a change in debit or credit card validity or expiration date, follow the procedures outlined in the My Account section of the Paypal Help Center here. If you believe someone has accessed the Site using your user name and password without your authorization, you must follow the procedures outlined in the Help section of these Terms and Conditions or the Site. You are responsible for any and all fees or charges incurred to access the service through an Internet access provider or other third-party service. Martris may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms and Conditions.
No Refunds. You may cancel your Site account at any time; however, there are no refunds for cancellation except (a) as expressly set forth herein, and/or (b) as required by applicable law. In the event that Martris suspends or terminates your account or these Terms and Conditions, you understand and agree that you shall receive no refund or exchange for any Site Content, any unused time on a subscription, any license or subscription fees for any portion of the Sites, any content or data associated with your account, for any Ideas you submitted; or for anything else.
Charges on Your Account. You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any taxes imposed on your use of the Site or any services contained therein, including, but not limited to, sales, use or value-added taxes. To the extent Martris is obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorization; Payment Processing. You expressly authorize Martris to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Site; provided, however, that such notice will not affect charges submitted before Martris could reasonably act. The vendor shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees, and may forward that cost to you, at the vendor’s discretion and as permitted by law.
Disputes. Martris has no obligation to handle or facilitate the handling of any disputes between Users. For avoidance of doubt, any disputes directly with Martris shall be handled in accordance with these Terms and Conditions.
Correcting Mistakes in Payments to Vendors and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous Martris refund or reimbursement. Martris will have no liability for such errors.
Customer Website Domains. Occasional service outages, downtime or disruptions to functionality may occur that we do not or cannot control. If such outages, downtime or disruptions occur, we will use commercially reasonable efforts to assist with restoring service as soon as possible. We are not liable or responsible for damages if such outages occur. Your account will not be credited for any outages, downtime or disruptions to functionality.
Automatic Membership Renewal (“Auto-Renew”). To the extent Martris offers Users membership in any Site, such memberships may renew automatically for successive periods unless otherwise agreed to in writing. Without limiting the foregoing, if you sign up, upgrade or renew your membership, you are automatically entered into our auto-renew program unless otherwise specified in the applicable terms or agreement. This means that, unless otherwise specified in the applicable terms or agreement, we will charge your selected payment method at the start of each new membership term and during the membership term. In order to avoid billing of fees for the renewal term to your selected payment method, you must cancel your subscription before it renews as indicated in the applicable terms or agreement.
You may cancel your membership by contacting Martris at firstname.lastname@example.org. If you are enrolled in a monthly or other periodic payment plan and you decide to cancel during the membership period, you acknowledge and agree that, unless otherwise agreed in writing, you may continue to be billed on a monthly or other applicable periodic basis until your originally scheduled membership expiration date.
- We do not control and are not responsible for payments made or received through any Payment Processors. Any use of Payment Processor services by you: (i) may be subject to the fees set by the Payment Processor, (ii) is at your own risk, (iii) is subject to your agreement that Martris is not responsible for any fund transfers, data protection or anything else arising from or related to the services provided by a Payment Processor or third-party, and (iv) is subject to these Terms and Conditions including the section titled ‘Payments’.
- Users acknowledge that they are submitting payment and information directly to the other party (via a third-party payment service or any other payment method) and therefore we are not responsible for lost payments, identity theft, fraud or refunds.
The communications between you and Martris via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. You agree that Martris is not required to encrypt electronic communications or data.
Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform us by sending email to email@example.com.
Changes to the Site
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms and Conditions (including the Rules of Conduct). In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms and Conditions that were in effect as of the date of your suspension or termination.
You agree to indemnify, defend and hold us, Martris, LLC, and our affiliates, and our respective directors, officers, employees, representatives, and agents, harmless from and against any and all claims, injuries, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of the Site (including any User posts), your submissions to the Site, or any violation of these Terms and Conditions, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms and Conditions and the termination of your use of the Site.
We control and operate the Site from our facilities in the United States of America and, unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of assisting users in the United States, its territories, possessions and protectorates. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Applicable Law; No Waiver; Severability
These Terms and Conditions, and the relationship between you and us, will be governed by the laws of the Commonwealth of Pennsylvania, and to the extent Pennsylvania law does not apply, the law of the United States of America, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions reflected in such provision, and the other provisions of these Terms and Conditions will remain in full force and effect. To confirm any award in arbitration, venue shall be the Court of Common Pleas, Alegheny County, Pennsylvania.
Other than those matters described under ‘Exclusions from Arbitration’ below, you and we agree that all disputes, claims, or controversies arising out of or relating in any way to these Terms and Conditions (including the validity, enforceability or scope of this Section), any other policy or terms of Martris, LLC, the Site or any content or services thereon (each, a "Dispute"), that cannot be resolved through negotiation in accordance with the ‘Notice of Dispute; Negotiation’ clause below, shall be settled by final binding arbitration, in accordance with the terms of this Section and to the extent permitted by law. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. You agree that the U.S. Federal Arbitration Act applies to this agreement.
Exclusions from Arbitration
YOU AND WE AGREE THAT ANY CLAIM FILED BY EITHER PARTY IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. VENUE SHALL LIE IN THE COURT OF COMMON PLEAS, ALLEGHENY COUNTY, PENNSYLVANIA.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO LEGAL DEPARTMENT, MARTRIS, , LLC, 5820 FERREE ST. PITTSBURGH S, PA 15217, BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Notice of Dispute; Negotiation
IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO OUR LEGAL DEPARTMENT AT THE ADDRESS ABOVE TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.
You agree to negotiate resolution of the Dispute in good faith for no less than ninety (90) days after you provide notice of the Dispute. If we do not resolve your Dispute within ninety (90) days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.
Initiation of Arbitration Proceeding
If you or we have a Dispute which either party elects to resolve through arbitration, the party initiating the arbitration proceeding shall initiate it with the American Arbitration Association ("AAA") under its rules and procedures, as modified by this Section. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Legal Department, Martris, LLC, 5820 Ferree St., Pittsburgh, PA 15217.
You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern in the event they conflict with the rules of the AAA.
Location of Arbitration
The arbitration proceedings shall be held in Allegheny County, Pennsylvania.
Class Action Waiver
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section shall be enforceable and will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by the Court of Common Pleas of Allegheny County, Pennsylvania , and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
This Section shall survive any termination of the provision of the associated services to you.
Disclaimer of Warranties
THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE PROVIDED FOR ENTERTAINMENT, EDUCATIONAL AND PROMOTIONAL PURPOSES. WE PROVIDE THE SITE, ITS CONTENT AND ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SAMPLE DOCUMENT PROVIDED, DISPLAYED OR GENERATED BY MARTRIS, LLC, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF EFFECTIVENESS, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:
- THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
- THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
- THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
- THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
- INFORMATION AND MATERIALS THAT YOU POST IN YOUR ACCOUNT OR ON THE SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED, OR
- THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
THE SITE AND ITS CONTENT AND ANY SERVICES PROVIDED THEREIN ARE NOT INTENDED TO, AND DO NOT, CONSTITUTE LEGAL, MEDICAL OR HEALTHCARE ADVICE OR DIAGNOSIS, AND MAY NOT BE USED FOR SUCH PURPOSES. YOU SHOULD ALWAYS CONSULT WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROVIDER ABOUT YOUR SPECIFIC CIRCUMSTANCES, INCLUDING BEFORE STARTING ANY TREATMENT, MEDICAL OR OTHERWISE. YOU SHOULD ALWAYS CONSULT WITH A LICENSED ATTORNEY IN YOUR JURISDICTION REGARDING LEGAL ISSUES.
WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON THE SITE, OR FROM ANOTHER USER ON THE SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS. MARTRIS MAKES NO REPRESENTATION, RECOMMENDATION, WARRANTY OR GUARANTY REGARDING THIRD PARTY SERVICES OR PRODUCTS.
YOU AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY AND/OR GUARANTEE NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO THE SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
Limitations of Liability
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT WILL WE OR ANY OF OUR SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
These Terms and Conditions and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the entire agreement between us and you with respect to the Site. This agreement is personal to you and you may not assign it to anyone. Martris may assign this agreement.
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions, and the remainder of the Terms and Conditions shall be enforceable and shall be of full force and effect. These Terms and Conditions are not intended to benefit any third party, and do not create any third-party beneficiaries. Accordingly, these Terms and Conditions may only be invoked or enforced by you or us.
YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY (INCLUDING ANY RELEVANT STATUTES OF LIMITATION), ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS AND CONDITIONS, MUST BE FILED BY YOU WITHIN ONE YEAR, OR PURSUANT TO THE APPLICABLE STATUTE OF LIMITATION IN THE EVENT IT IS LESS THAN ONE YEAR, AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.