These Terms of Service of Use (“Terms”) are entered into by and between you and Letuz, LLC, d/b/a Mary’s List (“Mary’s List,” “we,” “us,” or “our”). These Terms govern the relationship between Mary’s List and you, our site visitor (“Visitors”), and/or those who create an account with us as either a professional or a Business (collectively, “Professional(s)” and “Business(es)” and individually, “you” or “your”), with respect to your use of the Internet site located at www.MarysList.co (the “Site”) and your purchase of any of our Internet Services from the Site (“Services”). By visiting or using the Site, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by these Terms. In consideration of your use of and access to the Site (and the promises and obligations herein, and intending to be legally bound), you and Mary’s List hereby agree as follows: Your access to and use of the Site is subject to these Terms, as well as any modifications issued by Mary’s List to these Terms, and all applicable laws and regulations. BY USING THE SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Site. Among other things, Mary’s List provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them.
The information available on or through use of the Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only.
We shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Mary’s List to these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Mary’s List shall be valid or enforceable against us unless expressly agreed to by us in a writing signed by a duly authorized officer of Mary’s List.
3.1 In order to use the features or functionality offered at the Site or to access some areas of the Site, you may need to create an account with us and will be considered either a Business or a Professional (together, “Member”). To register as Member or to use the Site and Site Services, you hereby represent that you (a) have or are an employee or agent of and authorized to act for an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will use the Site and Site Services for business purposes only; and (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Business or Professional services.
3.3 When you register for a Member account and from time to time, your account will be subject to verification including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on the Site. You authorize Mary’s List, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business.
3.4. Under some circumstances, as part of the process of creating an account and becoming a Member, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. Projects, Professionals’ resumes and other features on the Site may be used only by staffing firms, employment agencies, recruiting firms, individuals seeking employment and/or career information and by employers seeking employees. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to share, transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at firstname.lastname@example.org.
By creating an account with Mary’s List, you expressly acknowledge, agree and understand that:
4.1 the Site is merely a venue where Users may act as Business and/or Professional Members and contract for project-based work;
4.2 Mary’s List does not introduce Businesses to Professionals, but rather, makes the Site available for Users to engage one another amongst themselves;
4.3 Mary’s List is not a party to any Service Contracts between Businesses and Professionals;
4.4 you are not an employee of Mary’s List, and Mary’s List does not, in any way, supervise, direct, or control the Professional or the services they provide;
4.5 Mary’s List will not have any liability or obligations under or related to Service Contracts or any acts or omissions by you or other Users;
4.6 Mary’s List has no control over Professionals or the Services offered or rendered by Professionals;
4.7 Mary’s List is not responsible for any loss, damage expense or delay arising from a Professional’s failure for all or part of the Services provided;
4.8 Mary’s List does not accept any liability for any negligent or dishonest act, any misconduct, nor lack of skill on behalf of the Professional, whether intentional or otherwise; and
4.9 Mary’s List makes no representations as to the reliability, capability, or qualifications of any Professional or the quality, security, or legality of any Services, and Mary’s List disclaims any and all liability relating thereto.
Business and Professional acknowledge and agree that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements in their Service Contract. Business and Professional therefore appoint Mary’s List as a third-party beneficiary of their Service Contracts for purposes of enforcing the obligations owed to, and the benefits conferred on, Mary’s List by the Service Contract. Business and Professional further agree that Mary’s List has the right to take such actions with respect to the Service Contract or their Accounts, including, without limitation, suspension, termination, or legal actions, as Mary’s List, in our sole discretion, deems necessary to enforce our rights as a third-party beneficiary under the Service Contract.
6.1 These Terms are effective until terminated by Mary’s List. Mary’s List may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and/or the Services and the restrictions imposed on you with respect to Our Content (Section 7), the User Content (Section 13), the disclaimers (Section 15), indemnities (Section 17), limitations of liabilities (Section 16) and the Binding Arbitration Clause (Section 19) set forth in these Terms shall survive termination. We shall also have the right without notice and at any time to terminate the Site and/or the Services or any portion thereof, or any products or services offered through Mary’s List, the Site, and/or the Services, or to terminate any Member’s right to access or use the Site, and/or the Services or any portion thereof.
6.2 You may terminate your account at any time by sending an e-mail to email@example.com with the subject line, “Terminate Account.” Your account will terminate upon the date the correspondence is received by Mary’s List. Subject to Section 3, you may reapply for a user account at a later date.
You affirm that you are either a valid and subsisting legal entity or an individual who is at least eighteen (18) years of age or older to visit or use the Site in any manner, and if under the age of majority as that is defined in your jurisdiction, must use the Site under the supervision of a parent, legal guardian, or other responsible adult. You also affirm you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Notwithstanding the foregoing, certain states may impose age restrictions for a particular Project. Please consult your individual state laws to see if you qualify to work on a particular Project.
You agree to comply with all applicable international laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the products or Services on the Site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Our Content.” Our Content may contain errors, omissions, or typographical errors or may be out of date. We may change, delete, or update any of Our Content at any time and without prior notice. Our Content is provided for informational purposes only and is not binding on us in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all of our Content is protected by copyright, trademark, common law and other proprietary rights that are owned by Mary’s List or by third parties that have licensed their use to us. You may view and use Our Content only for your personal information and for no other purpose. You may not use Our Content or a User’s Content to determine a consumer’s eligibility for: (i) credit or insurance for personal, family, or household purposes; (ii) employment; or (iii) a government license or benefit. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms and shall remain the property of Mary’s List and/or its licensors and/or suppliers. Except as provided in the foregoing, we do not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of Our Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any of Our Content onto any disk drive or other storage medium. Any use of Our Content, except as specifically permitted in these Terms or as otherwise expressly permitted in Our Content or in writing signed by Mary’s List, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Mary’s List’s and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights without the express written permission of Mary’s List, our licensors or suppliers, or the third party owner of any such trademark and/or copyright.
You agree not to:
11.1 Engage in spamming or phishing attacks;
11.2 Transmit (a) any User Content (as defined below) or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others on the Site, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
11.3 Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
11.4 Express or imply that any statements you make are endorsed by us, without our prior written consent;
11.5 Upload any User Content that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Services or the Site;
11.6 Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the Site or Services;
11.7 Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Information;
11.8 Use any means to circumvent the Site, Information or the Services in connection with recruiting Professionals or bidding on a Project.
11.9 Use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;
11.10 “Frame” or “mirror” any part of the Site without our prior written authorization;
11.11 Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Information, Our Content or User Content;
11.12 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; and/or
11.13 Harvest or collect information about the Site’s visitors, other Professionals, or other Businesses without their express consent.
12.1 Subject to the Terms herein, a single Project listing may only advertise a single service that is needed.
12.2 In addition to the limitation outlined in this Section 10, Project listings may not contain:
12.3 Businesses may not:
If Businesses violate any of the above terms through their use of the Site at any time by having made a misrepresentation of fact to us or otherwise misled us into the nature of their business activities, we will have grounds to terminate the Business’ use of the Site.
12.4 Businesses are solely responsible for their listings on the Site. Mary’s List is not to be considered to be an employer with respect to Business’ use of the Site. and we shall not be responsible for any employment decisions, for whatever reason, made by any entity listing Projects on the Site.
12.5 You understand and acknowledge that if you cancel your Business account or your Business account is terminated, all your account information from the Site, including saved resumes, network contacts, and email mailing lists, will be marked as deleted and may be deleted from our databases. The aforementioned information may continue to be available for some period of time because of delays in propagating such deletion through our web servers.
12.6 In order to protect you from commercial advertising or solicitation, we reserve the right to restrict the number of e-mails which a Business may send to other Professionals or Businesses to a number which we deem appropriate in our sole discretion. You shall use the Site and profiles in accordance with all applicable privacy and data protection laws.
12.7 Business’ Use of our Premium Database of Professionals
If Businesses choose to purchase access to our Premium Database of Professionals, the following shall apply to your use of our database:
You shall not use your Premium Database of Professionals:
13.1 You understand, acknowledge, and agree that Businesses are solely responsible for their listing of Projects, and we shall not be responsible for any employment decisions, for whatever reason, made by any entity listing Projects on the Site. You also acknowledge, agree and understand that you are solely responsible for determining which Projects to accept; the time, place, manner, and means of your services; the type of services you provide; and the price you charge for your service or how that pricing is determined or set. You further understand, acknowledge, and agree that (a) you are not considered an employee of Mary’s List, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or worker’s compensation insurance); (b) Mary’s List will not have any liability or obligations under or related to any service or Professionals contracts you make with Businesses and for any acts or omissions by you or others; (c) Mary’s List does not, in any way, supervise, direct, or control any of your services; does not impose quality standards or a deadline for completion of any your services; and does not dictate the performance, methods or processes you use to perform services; (d) you are free to determine when and if to perform your services, including the days worked and time periods of work, and Mary’s List does not set or have any control over your pricing, work hours, work schedules, or work locations, nor is Mary’s List involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to you for a Project; (d) you will be paid at such times and amounts as agreed with a Business in a given contract, and Mary’s List does not, in any way, provide or guarantee you a regular salary or any minimum, regular payment; (e) Mary’s List does not provide you with training or any equipment, labor, tools, or materials related to any contracts that you make with Businesses; and (f) Mary’s List does not provide you with premises at which you will perform the work. You may use subcontractor(s) or your own employee(s) to perform the work on behalf of Businesses and you may delegate work on fixed-price contracts or by agreeing with Businesses to have hourly contracts for your subcontractor(s) or employee(s). Understand, however, that if you use subcontractors or employees, your further expressly understand, acknowledge, and agree that this paragraph applies to Mary’s List’s relationship, if any, with your subcontractors and employees as well and you are solely responsible for your subcontractors and employees.
13.2 You understand, acknowledge, and agree that if you cancel your Member account or your Member account is terminated, all your Member account information from the Site, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from our databases. Information may continue to be available for some period of time because of delays in propagating such deletion through our web servers.
13.3 In order to protect others who use our Site from commercial advertising or solicitation, we reserve the right to restrict the number of e-mails or chat messages which Businesses may send to Professionals to a number which we deem appropriate in our sole discretion. You shall use your profile in accordance with all applicable privacy and data protection laws.
13.4 You understand and agree that as a service for using Mary’s List, Mary’s List will collect a 10% service fee from the total project cost, as listed below in the Payments section.
13.5 Formal Invoices and Taxes: Mary’s List will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Professional Fees. Professional will solely be responsible for determining whether it is required by applicable law to issue any formal invoices for the Professional’s Fees.
14.1 You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable [see the How It Works page for a description of fees and charges]. All payment obligations are noncancelable and all amounts paid are nonrefundable. You must provide Mary’s List’s third-party payment provider with a valid routing and account number or other verified payment information to use the Service. We reserve the right to modify our fees and charges and to introduce new charges at any time.
14.2 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. If you believe your bill is incorrect, you must contact us via email at firstname.lastname@example.org within sixty (60) calendar days.
14.3 You agree to provide us with complete and accurate billing and contact information. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the Service in addition to any other legal remedies.
14.4 Unless otherwise agreed to by us, amounts will be billed in U.S. dollars.
14.5 Service Fee Professional agrees that when a Business pays a Professional or funds related to a Project are otherwise released to a Professional, Mary’s List will first deduct and disburse to Mary’s List a 10% service fee for creating, hosting, maintaining, and providing the Site Services available on the Site, and then credit the balance into the Professional’s Account.
14.6 Obligation to Use the Site for Payment Processing Business and Professional are obligated to use the Site to pay and receive payment for Professional Services if they identified each other through the Site, as detailed in the "Exclusivity and Non-Circumvention," section (section 15) below.
14.7 Non-Payment If a Business fails to pay a Professional’s Fees or any other amounts due under their Agreement, whether by cancelling Business’ credit or debit card, initiating an improper chargeback, or any other means, Mary’s List may suspend or terminate Business' Account, the processing of any additional payments, and any Professional Services in progress. Without limiting other available remedies, a Business must pay Mary’s List upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys' fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Mary’s List, at our discretion, may set off amounts due against other amounts received from or held by Mary’s List, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
14.8 No Return / Partial Refund of Funds Business acknowledges and agrees that Mary’s List will charge Business’ designated Payment Method for the Professional Fees for Fixed-Price Contracts, upon Professional’s acceptance of the Professional Services. Therefore, and in consideration of the Site Services provided by Mary’s List and the services provided by our payment processors, Business agrees that once Mary’s List charges Business' designated Payment Method for the Professional Fees as provided in these Terms of Service, the charge is non-refundable, except as otherwise required by applicable law or the Professional terminates the Service Contract. Business therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Professional Fees or other Fees charged pursuant to these Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of these Terms of Service. If Business initiates a chargeback in violation of these Terms of Service, Business agrees that Mary’s List will be entitled to the full amount that has been improperly charged back plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys' fees and other costs of collection to the extent permitted by applicable law. It is hereby clarified that only in the event the Professional terminates the Service Contract before completing the Project, the Business will be entitled to a refund a pro-rata share of Professional’s Fees which will include, but not limited to, fees for the portion of the work done and Mary’s List’s service fees.
14.9 Payment Methods In order to use certain Site Services, Business must provide account information for at least one valid Payment Method. Business hereby authorizes Mary’s List to run necessary authorizations on the Payment Method provided by Business, to store such details as Business’ method of payment for Services, and to charge such Payment Method in accordance with the terms of these Terms of Service. By providing Payment Method information through the Site, Business represents, warrants, and covenants that: (a) Business is legally authorized to provide such information to us; (b) Business is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Business’ use of such Payment Method(s) or applicable law. When Business authorizes a payment using a Payment Method via the Site, Business represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under these Terms of Service cannot be collected from Business’ Payment Method(s), Business is solely responsible for paying such amounts by other means. We reserve the right to seek reimbursement from you, and you will reimburse us, if we discover erroneous or duplicate transactions or we receive a chargeback from your Payment Method for any reason. You agree that we have the right to obtain such reimbursement by deducting amounts from future payments or withdrawals, charging your Payment Method(s), or obtaining reimbursement from you by any other lawful means. Without limiting any of our other rights or remedies, we may also charge interest and/or terminate your Account immediately upon your failure to reimburse us for chargebacks or other amounts owed under these Terms of Service.
15.1 Exclusivity Users acknowledge and agree that a substantial portion of the compensation Mary’s List receives for making the Site available is collected as a deduction of the Service Fee described in the previous subsection titled "Service Fee." Mary’s List only deducts this Service Fee when a Business pays and a Professional receives payment through the Site. Therefore, for 24 months from the time Users identify or are identified by any party through the Site (the "Exclusivity Period"), Users must use the Site as their exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of their relationship with that party (the "Mary’s List Relationship")
15.2 Non-Circumvention Users agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, Users must not: i. Submit proposals or solicit parties identified through the Site to contact, hire, manage, or pay outside the Site. ii. Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site. iii. Invoice or report on the Site an amount lower than that actually agreed between Business and Professional. You agree to notify Mary’s List immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report of this behavior to Mary’s List by emailing us at email@example.com.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Mary’s list has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent in writing as follows:
Agent Designated to Receive Notification of Claimed Infringement: Denise Biderman Letuz LLC d/b/a Mary’s List 2901 Walnut Street Denver, Colorado 80205 Phone #: (720) 507-5449 E-Mail: firstname.lastname@example.org
17.1 We have no obligation to monitor the Site or other User Content (including, but not limited to, testimonials, Project listings, Professional’s resumes, etc.) that you or other third parties transmit or post on the Site (collectively, “User Content”). You understand, acknowledge, and agree that we have the right (but not the obligation) to monitor the Site and the User Content you transmit or post; to alter or remove any such User Content; to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, other Businesses, Professionals and visitors on the Site; and to comply with legal obligations or governmental requests. The information and opinions posted in the User Content on the Site are not necessarily those of Mary’s List or its affiliates, and we make no representations or warranties regarding such posted User Content. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or forums by third parties, whether such third parties are visitors to the Site, Users of the Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, User Content or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the User Content through the Site.
17.2 You represent and warrant to us that (a) the User Content does not and will not infringe any rights of any third party(ies), and that the User Content does not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the User Content have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into these Terms and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the User Content.
17.3 You are solely responsible for all User Content you upload. You understand that your User Content may be intermittently selected and featured on Mary’s List Featured Projects section on the Site. To opt out of this prospect, be removed and/or not considered, you shall send formal notice in an email to email@example.com with the subject line, “Opt Out.”
17.4 By posting or submitting User Content on or to our Site (regardless of the form or medium with respect to such User Content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such User Content on our Site and our affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such User Content, and to distribute such User Content and use such User Content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit others to, based solely on functionality provided and enabled by our Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, as we may determine and at our sole discretion in any medium now known or hereafter developed, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
17.5 You grant a non-exclusive license to us with regard to the User Content you have submitted for the term of your copyright, and that the User Content may be used by us as we may determine and at our sole discretion in any medium now known or hereafter developed. Mary’s List reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such User Content including, but not limited to, education, publicity and promotion.
18.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) MARY’S LIST AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “OUR REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND THE SITE IS CURRENT AND/OR UP-TO-DATE. WE AND OUR REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, THE SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MARY’S LIST OR ANY OF OUR REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.
18.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state.
18.3 The Services are controlled and operated from our facilities in the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18.4 MARY’S LIST AND OUR REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF THOSE ON THE SITE, SERVICES AND/OR INFORMATION. MARY’S LIST AND OUR REPRESENTATIVES DO NOT CONTROL THE USER CONTENT POSTED OR SUBMITTED TO THE SITE AND/OR THE SERVICES BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT USER CONTENT FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. WE DO NOT SCREEN OR CENSOR THE PROJECT LISTINGS AND ARE NOT INVOLVED IN, AND DO NOT CONTROL, ANY TRANSACTIONS THAT MAY OCCUR BETWEEN BUSINESSES AND PROFESSIONALS. YOU MAY FIND SOME OF THE USER CONTENT POSTED BY OTHERS ON THE SITE TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE.
18.5 THROUGH YOUR USE OF THE SITE, SERVICES AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. MARY’S LIST AND OUR REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER MARY’S LIST NOR ANY OF OUR REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE. OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE IN AN AMOUNT NO GREATER THAN ONE HUNDRED DOLLARS ($100). THIS LIMITATION OF LIABILITY IS CUMULATIVE, WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully indemnify, defend and hold Mary List, any of our representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, suits, proceedings, actions, and demands, including without limitation, reasonable legal and accounting fees, alleging or resulting from: (a) any User Content or other material you provide, (b) your use of any of Our Content, and other expenses that arise directly or indirectly out of or from (i) your breach of these Terms, (ii) any allegation that any User Content you transmit to the Site infringes or otherwise violates the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (iii) your activities in connection with the Site (collectively, the “Claims”). Mary’s List shall provide notice to you promptly of any such Claim and shall have sole control of the defense and of all negotiations for settlement of any Claim; and (c) you shall cooperate with Mary’s List in the defense or settlement of any such Claim at your expense.
You hereby release and forever discharge Mary’s List (and its owners, directors, managers, officers, shareholders, employees, independent contractors and agents and successors and assigns of itself or its affiliates, and Our Representatives) from, and hereby waive and relinquish your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any dispute you have with Businesses, other Professionals, or any other third party, whether it be at law or in equity that exist as of the time you agree to these Terms, (ii) any interactions with, or act or omission of, our Site or Services, and (iii) any liability suffered as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of us in the design of our Site or Services. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the services provided by Professionals to Businesses and requests for refunds based upon disputes.
If you are a California resident or resident of a state with a similar applicable law, you hereby waive California civil code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
None of Mary’s List or our representatives are or will be liable for any losses caused directly or indirectly as a result of causes or events beyond the control of us, including natural disasters, acts of God, war, terrorism actions, DNNEC attacks, or decrees of governmental bodies, exchange of market rulings, failure of the Internet, communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a “Force Majeure Event”). All of the obligations of Mary’s List and Our Representatives with respect to the effected elements under these Terms will be suspended for the duration of such Force Majeure Event.
22.1 Informal Dispute Resolution. If you have any issues or problems concerning the Site, and/or the Services, we encourage you to notify us immediately at firstname.lastname@example.org so that we can attempt to resolve your issue. Most issues or problems can be resolved quickly and amicably. However, in the event that you or Mary’s List or Our Representatives are unable to come to an amicable resolution within fifteen (15) calendar days of your submission, you or Mary’s List or our Representatives may bring a formal arbitration proceeding.
22.2 Formal Dispute Resolution: Binding Arbitration. Except for Section 22.7, you agree that any and all disputes will be submitted to and finally determined by arbitration as set forth in Sections 22.3-22.7 below. In such case, you would incur additional expense in connection with such arbitration. The decision of the arbitrator will be final and binding and neither Mary’s List and Our Representatives nor you will have the right to appeal such decision, whether in a court or in another arbitration proceeding. You understand that, by agreeing to arbitrate disputes as provided in these Terms, you, Mary’s List, and Our Representatives are waiving any and all statutory and other rights that we may have to a trial by jury in connection with any such dispute, claim or controversy. You may decline this agreement to arbitrate by e-mailing us at email@example.com within thirty (30) days of first accepting these Terms. Notwithstanding the provisions of this section and Sections 22.3-22.6; 22.8-22.9 and subject to Section 22, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you, Mary’s List, and Our Representatives are each waiving the right to a trial by jury or to participate as a plaintiff or class user in any purported class action or representative proceeding. Further, unless you, Mary’s’ List, and/or Our Representatives agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
22.3 Arbitration Procedures. If either you or us desire to initiate arbitration a written Demand for Arbitration must be provided to the other party as specified in the American Arbitration Association “AAA” Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_0.pdf). The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If we are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. The arbitration will be administered by the AAA in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/active-rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitration will be conducted by one impartial arbitrator (who may be a former judge, practicing attorney or person who is not an attorney), selected by mutual agreement or, if you and Mary’s List cannot agree, the arbitrator will be selected in accordance with the AAA Rules.
22.4 Arbitration Process and Applicable Law. Unless you and Mary’s List otherwise agree, the arbitration will be conducted in New York, New York by one arbitrator. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of documents you and Mary’s List submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $25,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will not award punitive damages to either party and you and Mary’s List will each be deemed to have waived any right to such damages. The arbitrator will, in rendering his or her decision, apply the substantive law of the State of New York (excluding its choice of law rules that would require the application of the laws of another jurisdiction). The award of the arbitrator will be rendered within the time frame specified in the AAA Rules. It will include a written explanation of his or her decision and specify the basis for any damages, which may include the costs and expenses of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above (Section 16) as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The written decision of the arbitrator will be final, binding and non-appealable and may be enforced in any court of competent jurisdiction.
22.5 Arbitration Fees. Except for the limitations on the fees on claims as set forth in Section 22.4 above, your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. If your claim for damages is less than $75,000, however, Mary’s List will pay all such fees on claims unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
22.6 Confidentiality. The arbitration proceeding will be confidential. The existence of any matter submitted to arbitration, and the award, will be kept in confidence by you, Mary’s List, and the arbitrator, except as required in connection with the enforcement of such award or as otherwise required by applicable law.
22.7 Exceptions to Agreement to Arbitrate. Notwithstanding Sections 22.3-22.6 and subject to Section 21, either you or Mary’s List may (a) bring a lawsuit solely for intellectual property infringement in federal court in New York, New York without first engaging in arbitration or the informal dispute-resolution process described above, (b) assert claims, if they qualify, in small claims court in New York, New York or any United States county where you live or work, or (c) bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site and/or the Services without first engaging in arbitration or the informal dispute-resolution process described above.
22.8 No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
22.9 Venue for Other Types of Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Mary’s List agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York County, New York. Both you and Mary’s List consent to venue and personal jurisdiction there.
We may, in our sole discretion, seek your consent to these Terms and certain other agreements on the Site and/or the Services by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms, affirmatively “click” on boxes containing the words, “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms or accessing the Site and/or the Services or using any of the Information or Our Content after you have had an opportunity to review these Terms, you acknowledge and agree: (i) that we grant you access to the Site and/or the Services to form a legally binding contract between you and Mary’s List; (ii) that you have read and agree to the terms and conditions of these Terms; (iii) that you agree and intend that these Terms to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms, you acknowledge that you have received a copy of these Terms by your viewing a web page containing a hyperlink to the web page where these Terms are displayed or otherwise; and (v) that if you are executing these Terms on behalf of others, you hereby certify that you are an authorized representative authorized by law.
Should you have any questions, comments or complaints regarding these Terms, the Site, or the Services, please contact us at:
d/b/a Mary’s List
2901 Walnut Street
Denver, Colorado 80205
Or email us at:
Mary’s List collects information in different ways from its Visitors and Members who access the various parts of our Site and Products and Services. We use this information primarily to provide a customized experience as you use our Products and Services, and also to collect, transfer, manipulate, store, and disclose for purposes of measuring and improving our Products and Services and to send you information about our Products and Services or to advertise additional products and services to you. From time to time, we may notify Members of new products, announcements, upgrades and updates. Members may opt-out of these promotional mailings by clicking on the “Unsubscribe” link at the bottom of any e-mails we send to you.
All Members may be asked to provide certain Personal Data when they apply for and/or sign up for our Products and Services such as name, address, telephone number, billing information (such as a bank account and routing number), birth date, and the type of personal computer being used to access the Site. The Personal Data collected from Members during the registration process is used to manage each Member’s account and to collect such information from Members to send periodic e-mails. This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.
Personal Data may be collected by Mary’s List when you use our Site and/or our Products and Services. Such Personal Data may include: name, address, email address, date of birth, telephone & fax numbers, payment information and other personal information that you upload or enter into the Site. We may also hold other details from your social networking user profiles (e.g., LinkedIn, Facebook, Twitter, etc.), if you have provided those user identities to us, including, without limitation, your usernames, passwords, birth date, friends, personal interests, gender, education and occupation (collectively, “Personal Data”). Information, which you add to your online public identities, is accessible on the World Wide Web, which is a public domain. You use the Products and Services and post content on the Site at your own risk. Other people may view your online public identity and use it (for example, by tagging you, adding you, or including you in a group). You should be aware that if you cancel your Facebook account, “unfollow” on Twitter or delete the Site from your LinkedIn Apps or you cancel your Membership or make private information, which you have previously made public on any social networking system, some information may remain on public cache databases, including ours. If you become aware of any information, which you wish to remove, please notify Mary’s List at firstname.lastname@example.org with the subject line “Remove” and we will take all reasonable steps to remove it. We may be obligated to disclose your Personal Data in very special circumstances such as when we are required to do so by law or in other special cases, as described below.
We may provide your Personal Data and the data generated by cookies and the aggregate information to the vendors and service agencies that we may engage to assist us in providing our Products and Services to you. For example, we may provide your Personal Data to a payment processing company like Auth.Net or BlueSnap to process your payment if using or participating in as a Member on the Site.
In instances where we and a partner jointly promote our Products and Services, we may provide the partner certain Personal Data, such as the name, e-mail address, age, and username of persons who subscribe to the Products and Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. However, in this instance, Personal Data may not be used by the partner for any other purpose. We may also generate non-identifying and aggregate profiles from Members provided during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Site.
Data: We will not rent or sell your Personal Data to others. We may store Personal Data in locations outside the direct control of Mary’s List (for instance, on servers or databases co-located with hosting providers). Any Personal Data you elect to make publicly available on our Site will be available to others. If you remove information that you have made public on our Site, copies may remain viewable in cached and archived pages of our Site, or if other users have copied or saved that information.
Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain of our Site and/or our Products and Services and those of our partners. If you remove information that you have made public on the Site, copies may remain viewable in cached and archived pages of the Site, or if other users have copied or saved that information. Non-personally identifiable information may be stored indefinitely.
We display personal testimonials of satisfied customers on our Site in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at email@example.com.
Your information collected through the Site may be stored and processed in the United States, Europe, or any other country in which Mary’s List or its subsidiaries, affiliates or service providers maintain facilities. We may transfer information that we collect about you, including Personal Data, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or European Economic Area, please note that we will not transfer information, including Personal Data, to a country outside of the European Union or European Economic Area.
Mary’s List is concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to us or guarantee that your information on the Site may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. When you enter sensitive information (such as log in credentials) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at firstname.lastname@example.org. We use an outside payment processing company to bill you if you purchase Products and Services. These companies do not retain, share, store or use Personal Data for any other purposes other than to process your payments
Mary’s List complies with the EU GDPR framework as set forth by the European Union regarding the collection, use, and retention of personal data from European Union member countries. Mary’s List has certified that it adheres to the requirements of notice, choice, onward transfer, security, data integrity, access and enforcement.
In the event that Personal Data is compromised as a breach of security, we will promptly notify our customers in compliance with applicable law.
Data Protection Officer
d/b/a Mary’s List
2901 Walnut Street
Denver, CO 80205
Tel: (720) 507-5449
If you are a Member of Mary’s List with an account, we will retain your information for as long as your account is
active or as needed to provide you access to the Site and to our Products and Services. We will retain and use your
information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
If you are a visitor to our Site we will retain your information for as long as necessary but no longer than one (1) year after your last visit to our Site.
Some products and services may be offered to Members in conjunction with an affiliate, independent contractor seller or non-affiliated partner using publicly available information. In some instances, to provide Members some of these products and services, the partner may need to collect and maintain Personal Data. In these instances, you will be notified before any such data is collected or transferred and may decide not to use that particular product, service or feature.
Additionally, our partners may have advertisements or co-branded Web Pages that are cosponsored by an affiliate, independent contractor seller, or non-affiliated partner. Our company may share non-identifying and aggregate information (except as described above), but not Personal Data, with such partners in order to administer the co-branded products or services offered.
Mary’s List may display our online advertisements. In those cases we share aggregated and non-identifying information about Members collected through the registration process as well as through online surveys and promotions with these advertisers.
Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display or send the advertisement to the intended audience. We do not share Personal Data about any Members with these advertisers or joint venture companies.
When Visitors or Members send email inquiries to our company from their e-mail accounts, the return email address is used to answer the email inquiry we receive. Our company does not use the return email address for any other purpose and does not share the return email address with any third party. We do not collect e-mail addresses when Visitors or Members send us a communication through our online Contact form.
We may periodically conduct both business and individual customer surveys. We encourage all Members to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you. Your Personal Data and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary.
We may take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other Members to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our Site, Products and Services to you, and to develop new products and services. This aggregated, non-personally identifying information may be shared with third parties.
It is Mary’s List’s policy not to use or share the Personal Data about Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses.
However, we may disclose Personal Data about Members or information regarding your use of the Site, the Products or Services, for any reason if, in our sole discretion, we believe that it is for legitimate purposes to do so, including: credit agencies, collection agencies, merchant database agencies, law enforcement, or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms and Conditions, or other user policies; to operate the Site properly; or to protect our company and our Visitors and Members.
We will not sell or rent your Personal Data to any company or organization except we may transfer your Memberships and User Profiles to a successor entity upon a merger, consolidation or other corporate reorganization in which Mary’s List participates or to a purchaser of all or substantially all of Mary’s List’s assets to which this Site, the Products and Services relate.
If you wish to access and correct any Personal Data that we hold about you, or remove any material you have placed on the Site or which is accessible on the Site via any other of your online identities, please contact us at email@example.com with the subject line, “Personal Data” or “Remove Material” and we will respond to your request as soon as possible, generally within 24 hours. You can access and correct some of the information we hold about you directly on the Site (for example, your profiles and identities information) through the dashboard when you join the Site as a Member.
Some of your information you upload to the Site, such as Social Media Analytics Platforms are password-protected for your privacy and security. We take other reasonable steps to secure your Personal Data, and to protect it from misuse, loss, unauthorized access or modification. Although we take reasonable steps to protect your Personal data, the Internet is inherently insecure and we cannot guarantee that the Site or your information is secure (‘hacker-proof’). When your Personal Data is no longer required by us, we destroy or permanently de-identify the information.
If you are a Visitor or Member, we may use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information.
Our Site may include social media features, such as the Facebook Like button and other widgets, that run on our Site. These features may collect your IP address and which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Facebook, Twitter, LinkedIn, advertisers, other social media websites, and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
We do not track our Visitors or Members over time and/or across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, you can modify the preferences on your browser to set the DNT signal so that third parties (particularly advertisers) know you do not want to be tracked. Please consult your browser for instructions on how to change the preferences to “Do Not Track.”
Protecting children’s privacy is especially important to us. Therefore, we restrict the Site to persons eighteen years or older.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, THEN YOU ARE NOT PERMITTED TO ACCESS THE SITE OR ANY FEATURE OR OTHER PART OF THE SITE, UNLESS YOU HAVE YOUR PARENT’S OR GUARDIAN’S PERMISSION. NOTWITHSTANDING THE FOREGOING, DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED BY THE SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT of 1998 (COPA) AND IS NOT MONITORED AS DOING SO.
The Site is not aimed at children under 13 years old and we will not collect, use, provide or process in any other form any Personal Data of children under the age of 13 deliberately. We therefore also ask you, if you are under 13 years old, please do not send us your Personal Data (for example, your name, address and email address).
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Data we share with third parties or affiliates for those third parties or affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to firstname.lastname@example.org. You must put the statement “Your California Privacy Rights” in the subject field of your email or include it in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and ZIP code. We will respond to you at your mailing address or, at our option, your email address. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Please allow at least 30 days for a response.
Services and websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
Version 1.0 (Current)
Effective November 5, 2018
These Optional Service Contract Terms are effective as of November 5, 2018. The Optional Service Contract Terms listed below are an example only, for the convenience of Users utilizing Mary’s List. These Optional Service Contract Terms may not be appropriate for all Service Contracts. Service Contracts may and should be adjusted depending upon the needs of each project.
Letuz LLC (d/b/a Mary’s List) (hereinafter “Mary’s List) Businesses and Professionals (collectively, “Users”) who enter into a Service Contract (“Contract”) on www.MarysList.co (the “Site”) with another Business User (“Business”) or Professional User (“Professional”) are permitted to agree to these Optional Service Contract Terms, in whole or in part, or to agree to different or additional terms for their Service Contract(s). Professionals and Businesses agree that when a Professional accepts a project awarded by a Business, the Business and the Professional have entered into a “Service Contract” and are bound by the Service Contract Terms. You acknowledge and agree that a Service Contract identifies the contractual provisions entered into between a Business and a Professional and governs the services to be performed by a Professional for the given project. If and to the extent that the Users who are party to a Service Contract do not agree to different terms than those listed here, they then agree to incorporate these Optional Service Contract Terms.
Businesses and Professional’s identified on the Site under the Service Contract are the parties to the Services Contract. Once a Business and a Professional contract with one another under the Service Contract, the Business becomes a Client of the Professional. It is the Users’ discretion whether or not to contract with one another. Further, the creation of said Service Contract does not, under any circumstance, indicate or create an employment or other service relationship between Mary’s List and the Professional or Mary’s List and the Business. Mary’s List, is not a party to the Service Contract, nor are any of Mary’s List’s affiliates, except as a Third-Party Beneficiary. Mary’s List Users may not, by Contract amongst themselves, alter the rights or responsibilities of Mary’s List, or agree to any terms that would violate Mary’s List’s Terms of Service. Neither Mary’s List nor any affiliate of Mary’s List, including Mary’s List payment processors, is a party to any Service Contract by or between Users regardless of whether these Optional Terms are incorporated.
Business and Professional agree that the Professional is performing services as an independent contractor and that Professional is not an employee or agent of Business. Professional will perform the Services in a professional and workmanlike manner and will timely deliver any agreed upon Work Product. The manner and means of performing the Services will be determined and controlled solely by Professional, which is engaged by Business as an independent contractor. The terms concerning the services to be performed under the Service Contract described on the Site form part of the Service Contract. Users agree that, once accepted, the terms of the Service Contract cannot be modified by a User without obtaining the consent of the other before making changes to the Service Contract, including by adding additional or different milestones, by closing a Service Contract, or making other changes to the Service Contract on the Site. If consent of the other party is not first obtained, the other party may reject such changes by terminating the Service Contract or accept such changes by continuing to work on the Service Contract.
If Professional wishes to use a subcontracted third party (“Subcontractor”), to perform services on behalf of Professional, Professional warrants and represents that it does so as a legally recognized entity with the ability to hire and/or contract employees and/or Independent Contractors. Professional is permitted to use a subcontractor for a project only if Professional receives prior approval from the Business to use said subcontractor. Professional is responsible for the work of a subcontractor and/or Independent Contractor that they hire. Subcontractor will undertake the project under the same standard of work that was agreed to by the Business and the Professional. Professional will remain responsible for the quality of services provided for the duration of the services provided. It is the Professional’s responsibility to ensure that the work is done satisfactorily. Professional also agrees that Mary’s List is not an employer of said Subcontractor and has no responsibility for wages, costs, insurance or any other expenses incurred as a result of Professional hiring said Subcontractor, nor is Mary’s List responsible for said Subcontractor’s work.
Professional agrees to accurately report invoices by billing all hours worked for the project. This includes, if applicable, Agencies or Consulting Firms billing Business’ for work done by employees, subcontractors or any other parties performing work for the project, on behalf of the Agency or Consulting Firm.
Users may agree to a payment schedule either in separate installments or in one lump sum, according to the project and agreed upon terms.
Fixed-Price Contracts: Business may terminate the Service Contract at any time but may not recover any payments already released to Professional, unless Professional offers Business a full refund. Once a Business has been charged, the Service Contract does not terminate until Services are completed by the Professional, unless agreed to by both Business and Professional. Professional may terminate at any time before Business has been charged for any Professional fees by Mary’s List. Either Business or Professional has the right to terminate a Fixed-Price Contract at any time with the consent of the other party or in the event of a material breach.
Hourly Contracts: An Hourly Service Contract is terminated at the end of the specified terms agreed to by the Service Contract and the terms negotiated within the project. Either Business or Professional may terminate an Hourly Service Contract at any time with the consent of the other party, after providing agreed-upon notice, or in the event of a material breach. Except as required by law or as otherwise may be agreed to by the contracting parties, Business remains obligated to pay the Professional fees for any Services provided prior to termination of the Hourly Service Contract.
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