SITE TERMS OF USE

 

1. ACCEPTANCE

Welcome to themarino.org (the “Site”). This page (“Notice”) governs your use of the Site and the content, information and services provided through the Site. Please review this Notice carefully. By accessing, browsing, or using the Site (“Use”), all users and viewers (and anyone who has authorized the user and/or viewer to act on his/her behalf–collectively, “You,” “you,” “User,” or “user”) represent that they are over 18 years of age and acknowledge acceptance of the terms and conditions listed in these Terms of Use. If you do not accept the terms and conditions listed in these Terms of Use, please do not use the Site.  The Marino Organization Inc.  (“Marino”) reserves the right to update these Terms of Use from time to time in its sole discretion. You should review this Notice periodically for updates and changes. Each time you use this Site, your agreement to be bound to these Terms of Use, and to the Privacy Policy, is renewed, which includes any modified terms and conditions.

 

2. OWNERSHIP/LICENSE OF MARINO SITE CONTENT

We are the owner or licensee of all of the content contained on the Site (excepting certain client trademarks, detailed below) which includes, without limitation, all graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof.   The Site is protected by copyright and/or trademark and/or other proprietary intellectual property rights, which are owned by us, our clients, or other applicable third parties  l and are protected under United States and international intellectual property laws.    By using the Site you acknowledge that you do not acquire any ownership rights to the Site or any of its contents. Marino grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code,  (collectively, the “Site Material”) are the exclusive property of  Marino, its client, licensors, or other applicable third parties.. The Site Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Site Material, or (ii) use the Site Material on other web sites or any media, e.g., social media or networking environment, without Marino’s prior written consent.  Unless otherwise stated in an assignment, all assignments are confidential and may not be distributed or shown to individuals or members of teams that have not registered with the Site.All  Marino trademarks, service marks, and logos displayed on the Site (the “Marino Marks” are exclusive property of Marino. Other than for purposes constituting fair use or nominative use, you shall not use the Marino Marks in any manner without the prior written consent of the Marino Organization.

 

All client trademarks, service marks  and logos displayed on the site (the “Client Marks”) are exclusive property of the respective client. The Client Marks shall not be used in any matter without the prior written consent of the relevant client. Marino’s use of the Client Marks is strictly for informational purposes. Marino in no way represents that the appearance of a Client Mark on the Site constitutes an endorsement of Marino by the client. Marino is not authorized to market, sell, or provide the services offered by any of the clients whose Client Marks appear on the Site.

 

Marino wishes to comply with the United States trademark laws and does not intend, in any way, to infringe on the trademarks on any third parties. Any third parties who believe that our usage of Client Marks constitutes trademark infringement should please contact us.

 

3. LINKS TO THIRD PARTIES/FRAMING

The Site may have links, such as hyperlinks or buttons, directing access to third parties web sites (“Linked Sites”). The Linked Sites are not controlled or monitored by Marino. Marino shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between Marino and the owner of the Linked Sites or any endorsement or sponsorship by Marino of the Linked Sites. Marino includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites.  You may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

 

4. PRIVACY

Marino collects, uses and discloses information collected by and through this Site in accordance with the Privacy Policy. By accepting these Terms of Use, and each time you use the Site, you consent to use and disclosure of such information in accordance with the Privacy Policy. Please click for more details regarding our Privacy Policy.

 

5. INDEMNIFICATION

You agree to indemnify, defend, and hold Marino, its clients, their respective shareholders, officers, directors, agents, and employees and licensors, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, or your violation of any terms and conditions of these Terms of Use.

 

6. DISCLAIMER

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY  TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE SITE.

 

THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND MARINO’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.

 

MARINO WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY MARINO TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY MARINO IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO MARINO BY MEANS OF THE SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SITE OR EMAIL SERVICES.

 

7. LIABILITY AND LIMITATIONS OF LIABILITY

YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR THE SUBMISSION AND USE OF ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE MARINO, ITS SHAREHOLDERS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT,

 

INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

YOU FURTHER UNDERSTAND AND AGREE THAT MARINO, ITS CLIENTS, THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF MARINO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, MARINO’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $100.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MARINO MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE SITE; (F) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND MARINO DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

 

8. TERMINATION

Marino has the right, in its sole discretion, to terminate any services of the Site and remove any Site Materials from the Site. Marino may also terminate your access to any part or all of the services provided by Marino on the Site at any time, with or without cause or notice, for any reason.

 

9. GENERAL

You agree that there is no employment, partnership, agency, joint employer or joint venture relationship between you and Marino or its clients arising out of or resulting from your Use of the Site. These Terms of Use are governed by the laws of the State of New York, United States of America, without giving effect to any principles of conflict of laws.  You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in New York State, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The Site is operated from the United States, and should not be accessed from any location where it would violate local laws to do so.  Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct.  Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Marino does not warrant that this Site (or the use thereof) will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of these Terms of Use shall not be deemed as a waiver of such term.