WEBSITE TERMS AND CONDITIONS

LEGAL DISCLAIMER:

The statements presented here are depictions of individual results. Performance may vary and actual results are not guaranteed. Testimonials and endorsements are portrayed by compensated actors and are not representative of all customers.

1. Introduction

These terms and conditions govern your use of this website. By using our website, you agree to these terms and conditions in full. If you do not accept or do not agree with these terms and conditions or any part of these terms and conditions, you must not use our website.

2. Your Privacy

Where we collect your personal information as a result of your accessing and using this website, our Privacy Policy will apply to that information. Accordingly, these Terms must be read in conjunction with our Privacy Policy.

3. Licence to use Website

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved, subject to the licence below. Subject to the restrictions set out below and elsewhere in these terms and conditions, you may view, download for caching purposes only, and print pages from the website for your own personal use. You are not permitted to:

• republish material from this website;
• republish material from this website on another website;
• sell, rent or sub-license material from this website;
• show any material from this website in public;
• reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
• edit or otherwise alter any material on this website;
• redistribute any material from this website except for content explicitly made available for redistribution (such as our newsletter).

4. Acceptable Use

You must not use our website in any manner that is illegal, unlawful, fraudulent or harmful, or in relation with any illegal, unlawful, fraudulent or harmful purpose or activity; or in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. You must not use our website to copy, store, transmit, host, send, use, publish or distribute any material which consists of or is affiliated to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software whatsoever. Without our prior express written consent, you must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website. You must not use our website to send or transmit unsolicited commercial communications. You must not use our website for any objective related to marketing without our prior express written consent.

5. Restricted Access

Access to particular areas of our website is restricted. At our discretion we reserve the right to restrict access to areas of our website, or our entire website. Should we provide you with a user ID and password to enable you access to restricted areas of our website or other content or services, you must ensure that your user ID and password is kept confidential. At our discretion we may disable your user ID and password without notice or justification.

6. Your username and password

Your username and password are personal to you and you must at all times maintain the confidentiality of your username and password and not disclose them to any third party. Your username and password may be used by one person only, i.e. a single login is not permitted to be shared by multiple people. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username or password. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.

7. Products

We may offer goods or services ('Products') for sale on this website. Your purchase of each Product shall be governed by these Terms and any additional terms that we communicate to you at the time of purchase.

8. Subscription Products

Some Products may be purchased for a specified term, e.g., monthly or annually ('Subscription Products'), rather than relating to a one-off good or service. The subscription term varies depending on the Subscription Product that you order. You are entitled to receive the relevant Subscription Product only during the subscription term specified in your order.

9. Contract formation

This website and the information on it constitute an invitation to treat and not an offer to supply Products. When you order Products from us, this constitutes an offer from you to buy those Products in accordance with these Terms. Only when we have accepted your order through the website following our receipt of your payment for that order shall a contract be formed between you and us.

10. Our discretion in rejecting or accepting orders

No order shall be deemed accepted by us until you have received an order confirmation from us. We reserve the right to accept or reject (for any reason whatsoever and in whole or in part) any order submitted by you. If we reject your order (or part of your order), any money paid by you in relation to the rejected part of that order shall be refunded and we shall have no further liability to you in relation to the rejected part of that order.

11. Prices

The price payable by you for any Product ordered by you shall be the price quoted on this website at the time your order is submitted. We may vary any prices on this website at any time and without notice to you.

12. Taxes and other charges

All prices on this website are exclusive of all import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order. You shall be liable to pay any import fees, duties, taxes, and other imposts or charges which are payable in relation to your order. We shall not be liable for any import fees, duties, tariffs, taxes or other imposts or charges which may be payable in relation to your order.

13. Payment

We may charge fees or other amounts to access certain aspects of the Products available on this website. We have no obligation to supply Products unless and until we receive payment of all prices and fees. You are fully liable for all charges incurred under your account whether or not authorised by you. You must pay for your orders using the third-party payments service selected by us, such as ClickSure.com. You agree to pay for your orders by authorising our nominated third-party payment service to charge your credit card account for the total price of the goods or services ordered and the applicable delivery charges (if any). You agree to be bound by the terms of these third-party payment services.

14. Problems with payments

If there is a problem with your payment (for example, if your credit card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment for any order.

15. Cancellation of orders: Non-Subscription Products

You may cancel your order any time prior to our order confirmation. Because downloadable goods or services are available to you, and could be copied by you on delivery, you cannot cancel once we have confirmed your order. If you cancel an order in accordance with these Terms before confirmation, we will refund your money as soon as reasonably possible and in any event within 60 days of cancellation of your order.

16. Outbound hyperlinks

This website may contain hyperlinks to third party websites ('outbound hyperlinks'). Outbound hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any outbound hyperlink. You are responsible for complying with any terms and conditions imposed by third party websites.

17. Inbound hyperlinks

You agree that you will not publish or distribute any hyperlinks, hotlinks, or deep-links to this website ('inbound hyperlink') without our prior written permission in each instance. If you do create an inbound hyperlink, you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink. Publishing or distributing inbound hyperlinks is done at your own risk.

18. Warranties

Whilst we endeavour to ensure that the information on this website (excluding user content) is correct, we do not guarantee its correctness or completeness; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. We exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of a satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

19. Limitation of liability

Nothing in these terms and conditions or elsewhere on our website shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under the appropriate law. Subject to this, our liability to you in relation to the use of our website or under or in association with these terms and conditions, whether in contract, tort (including negligence) or otherwise, shall be limited as follows:

• to the extent that the website and the information and services on the website are provided free-of-charge, we shall not be liable for any loss or damage of any nature;
• we shall not be liable for any consequential, indirect or special loss or damage;
• we shall not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, reputation, data, information or goodwill;
• we shall not be liable for any loss or damage occurring out of any event or events that are beyond our reasonable control;
• our maximum liability in relation to any event or series of related events shall be limited to $1.

20. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses, including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers, incurred or suffered by us arising out of any breach by you of any condition of these terms and conditions.

21. Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem suitable to deal with the breach, including prohibiting you from accessing the website, suspending your access to the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

22. Variation

We may revise these terms and conditions on occasion. Such revised terms and conditions shall apply to the use of our website from the date of the publication of the revised terms and conditions on our website. To ensure you are familiar with the current version please check this page regularly.

23. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. We do not permit you to transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

24. Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions shall continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part shall be deemed to be deleted, and the rest of the provision shall continue in effect.

25. Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in connection to these terms and conditions is not to be subject to the consent of any third party whatsoever.

26. Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in regard to your use of our website, and supersede all prior agreements in respect of your use of this website.

27. Law and jurisdiction

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Cyprus without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Cyprus in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

28. Contact Us

If you have any questions about the Agreement or about the practices of Markenark please feel free to contact us at: 1-888-432-4301