MARNIE GREENBERG (MG) AND DELETE ON THE SPOT™ SEMINARS,
TELE-COURSES, TELE-SEMINARS, TELE-CLINICS, CONSULTATIONS AND CERTIFICATIONS
This Primary Agreement is made and entered into in the City of Los Angeles, California, United States of America (“U.S.”) by and between Marnie Greenberg, LLC (“MG”) (the providers and owners of Marnie Greenberg and Delete on the Spot™ trademarks and services) and you.
Please read carefully the following terms and conditions relating to your participation in and access to any Marnie Greenberg or Delete on the Spot™ Seminars, Certifications, Tele-Courses, Tele-Clinics or Tele-Seminars, consultation, teaching or other event (collectively the “Events” or individually an “Event”), whether by Dr. Kam Yuen, by anyone acting on behalf of MG, by any Instructor or Consultant or anyone else.
All of the content of any Event and any video created by MG is the “Content.” The means and technical infrastructure (the “Platform”) by which any Content is provided to you or is provided to you by MG in exchange for your being allowed to register for, participate in and have access to any Event and the Content is not otherwise publicly available. To use the Platform, if applicable, you, and if you have not yet reached the age of majority, your parent or legal guardian (individually and collectively referred to below as “you” or “your”) agree to be bound by all of the following terms and conditions.
- BEFORE YOU REGISTER OR ATTEND ANY EVENT.
IF YOU HAVE ANY OBJECTION TO THE FOLLOWING TERMS OR CONDITIONS, YOU SHOULD NOT REGISTER FOR, ATTEND OR PARTICIPATE IN ANY EVENT. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE PLATFORM OR ATTEND OR PARTICIPATE IN ANY EVENT. MG reserves the right, from time to time, with or without notice to you, to change the terms of this Primary Agreement in its sole and absolute discretion. MG may modify this Primary Agreement at any time, and such modifications will be effective immediately by posting the modified Primary Agreement on MG’s website or via email. MG recommends that you review the Primary Agreement posted on the website periodically to know of such modifications. The date of the most current modification will be indicated on the website. By continuing to use the Platform or the Content not publicly available or attend or participate in any Event following such modifications, you acknowledge your acceptance of the modified Primary Agreement. If required by local or international law, you agree to sign a non-electronic version of this Primary Agreement. The most current version of this Primary Agreement will supersede all previous versions.
- The Methods.
The information at each Event is educational and provided only as general information. By registering and attending any Event, you understand that you may receive or be introduced to energy techniques and methods (the “Methods”) which are experimental.
- What are the Methods not intended for?
The Methods being taught at each Event are not a treatment and do not provide you with any medical, financial or other professional counseling advice and are not intended as a substitute for the advice and/or supervision of professional services, consultation or supervision you may need. You understand you are not being treated. The Methods are not used to diagnose, treat, cure, or prevent any disease or psychological disorder. The Methods are not a substitute for medical or psychological treatment. Your attendance at or participation in any Event or your or anyone else’s use of any of the Methods does not replace the services of any health care providers or professionals. You agree to consult with your health care providers for any of your medical, physical or psychological problems or issues. You understand and agree that any information you receive at any Event is not a recommendation that you stop or otherwise alter seeing any of your health care professionals or using any prescribed medication, without the consultation of your health care professional.
- No Guarantees.
Any stories or testimonials at any Event or on any video or other work provided by MG do not constitute a warranty, guarantee, or prediction regarding the outcome for you or anyone else using any of the Methods for any issue. The accuracy, validity, effectiveness, completeness, or usefulness of any information provided at any Event or by using any of the Methods is not guaranteed.
- Participation is Voluntary.
You understand and confirm that your participation in any Event is voluntary.
- Identification of Risks; Consultants and Instructors are not agents of MG.
You understand that your participation in any Event may involve risk of injury to you. You assume and accept full responsibility associated with each of the Methods. You understand that if you use any of the Methods, emotional or physical sensations, medical issues, unresolved memories or psychological issues may surface which could be perceived by you or others as negative side effects, and may continue to surface, indicating other issues you may need to address. MG accepts no responsibility or liability for the use or misuse of the information provided in any Event or your use of any of the Methods. You understand that your waiver and release of liability is intended to address all of the risks of any kind associated with your participation in any aspect of any Event, or with the time you are involved in any Event or afterwards, including, particularly, such risks created by any one or more actions, inactions, and/or negligence of MG, or its directors, officers, employees, members, agents, advisors, volunteers, successors, or assigns. Every Instructor and Consultant who uses, teaches, or consults with you about any of the Methods, appears on the Platform, provides any Content or who engages in any Event is an independent contractor and is not an employee or agent of MG or of Dr. Kam Yuen. Neither MG nor Dr. Kam Yuen shall have any liability for any of your claims, losses, attorneys fees, damages, liabilities, costs or expenses arising out of or in connection with any act or omission of your Instructor or Consultant or anyone acting on his or her behalf. No Instructor or Consultant has the right or authority to assume or create any obligation or duty or to make any representation, warranty, agreement or commitment on behalf of MG or Dr. Kam Yuen, whether express or implied.
- Assumption of Risk.
None of MG or any of its officers, directors, employees, members, teachers, agents, or representatives knows how you will respond and are not responsible for helping you with any problem, including, but not limited to, those pertaining to your medical, psychological, financial, physical, or personal relationships. You assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with your participation in any Event. You accept personal responsibility for any liability, injury, loss, or damage connected with your participation in any Event, and in your use, or the use by Dr. Kam Yuen, any Instructor or any Consultant of any of the Methods.
- Release and Waiver and Limitation of Liability.
You hereby release MG and its directors, officers, employees, members, agents, teachers, volunteers, successors, and assigns from all liability for and waive all claims for injury, loss, or damage, including attorneys’ fees, connected with your participation in any Event, the use of any of the Methods or your viewing or using any materials or videos provided by MG (a “Claim”), whether or not caused in whole or part by the negligence or other misconduct of MG or any of the individuals referred to above. A Claim includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity and includes claims for money damages and injunctive or declaratory relief. In addition to the foregoing, and not by way of limitation, neither MG or anyone acting on its behalf or employed by it is responsible or liable to you or anyone else for any damages, loss or injury relating to:
- The use of or inability to attend or participate in any Event or have access to any Event streamed live or prerecorded;
- Any Content on the Platform;
- Statements or conduct posted or made publicly available on the Platform;
- Any action taken in response to or because of any information available on the Platform;
- Any damage caused by loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the Platform;
- Any other matter relating to your participation in or attendance in any Event; or
- Your or anyone else’s use of any of the Methods.
MG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE CONTENT OR ANY OF THE METHODS; (ii) YOUR ATTENDANCE OR NON-ATTENDANCE AT ANY EVENT; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CONTENT OR PLATFORM; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY AT ANY EVENT; (vi) OR ANY OTHER MATTER RELATING TO THE CONTENT OR PLATFORM.
- DISCLAIMER OF WARRANTIES
EACH EVENT AND EACH OF THE METHODS IS PROVIDED “AS IS,” “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND, IMPLIED OR EXPRESSED, AS TO THE ACCURACY, COMPLETENESS, USEFULNESS, OR APPROPRIATENESS OF THE CONTENT FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify and to hold harmless (in other words, to reimburse and to be responsible for) and defend MG and its directors, officers, employees, members, teachers, agents, volunteers, successors, and assigns from and against all claims, damages, losses, costs, liabilities, injuries, and expenses, including attorneys’ fees (including the cost of defending any Claim you or your representatives make, or that might be made on your behalf, that is released or waived herein), in any way connected with or arising out of:
- Your access or participation in any Event;
- Your use of any of the Methods or the Platform;
- Your viewing or using any materials or videos provided by MG;
- Your breach of this Primary Agreement; and
- Any allegation that any materials you submit to MG or post on any forums (e.g., message boards, chat rooms) infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party, whether or not any of the foregoing was or is caused in whole or in part by the negligence or other misconduct of MG or any of the individuals mentioned above.
MG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MG in asserting any available defenses. This Section shall survive even if this Primary Agreement is terminated.
- Account Terms.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must be 21 years of age, or the age of majority in your state, province, territory or country, to attend or participate in any Event and use any of the Content or Methods. Individuals under the age of 21, or applicable age of majority, may use the Content and Methods and attend or participate in any Event only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to this Primary Agreement.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process.
- You are responsible to maintain the security of your account and password. MG cannot and is not liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account, even when that content is posted by others who have access to your account.
- You must not post or allow any content that infringes other parties’ intellectual property rights or privacy or that violates any law or gives rise to any liability.
- If content from your social media account, such as Twitter or Facebook, or from any other provider or website is posted, linked, or included in any computer or cell phone application, you represent and warrant that you have the right to allow such content to be posted or included therein.
- You may not use your content or any of the Content for any illegal or unauthorized purpose. You must not, in using the Content or Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).
- All Content is for your personal and noncommercial use only. So long as your account is in good standing, MG grants you a limited, nonexclusive, nontransferable, license to access the Content through the Platform on a streaming only basis or on a CD (if you have purchased a CD) only for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use any of the Content for public performances or to be viewed by anyone other than you.
- Proprietary and Intellectual Property Rights and Confidential Information.
- The Content, each Event and the Platform contain proprietary and confidential information protected by applicable intellectual property and other laws, and are the sole property of MG and their licensors. The Content, each Event and the Platform are protected by copyright, trademark, patent, trade secret, international treaties and other proprietary rights, and also may have security components that protect digital information. MG owns all intellectual property rights in the Content and each Event and all printed material provided in connection therewith, and the intellectual property rights in the Platform; all rights therein are reserved by MG, and no rights are being granted to you.
- Marnie Greenberg is a registered trademark and Delete on the Spot™ are trademarks of MG and all videos and printed material of MG are copyrighted (collectively “MG’s Rights”). All intellectual property rights in the Marnie Greenberg, and Delete on the Spot™ and all of the aforementioned copyrights are owned by MG.
- Prohibited Activities.
In addition to all other acts which you are prohibited or restricted from doing or limited in doing in this Primary Agreement, you shall not do any of the following:
Use any of MG’s Rights (MG’s trademarks and copyrights) or any derivation or portion thereof for any purpose, including, but not limited to, any domain name or portion of a resource name within a Uniform Resource Locator or as a portion of an email address or other identifying method of communicating with you anywhere in the world. As examples, which are not meant to be exhaustive, you shall not:
- Use any photo of Marnie Greenberg;
- Use any video in which Marnie Greenberg appears;
- Use any recorded audio in which Marnie Greenberg’s voice is heard;
- Name, refer to or use any YouTube or other video using all or any part of the Marnie Greenberg, or Delete on the Spot™ trademarks;
- Name or use any email or social media account, including, but not limited to, twitter, facebook, youtube, using all or any part of the Marnie Greenberg, or Delete on the Spot™ trademarks;
- Use any name, picture, likeness or voice of Marnie Greenberg for any purpose; and
- Use any or all of the Marnie Greenberg, Marnie Greenberg, or Delete on the Spot™ trademarks for any commercial, business, private, or any other, purpose.
- Duplicate, copy, reuse or distribute any portion of the Content, any Event or the Platform.
- Call or refer to yourself as a Marnie Greenberg practitioner anywhere, including, but not limited to, the internet or in any written or printed form.
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, display, archive, download (other than through caching necessary for personal use), perform, reproduce, publish, license, create derivative works from, disclose, rent, lease, modify, loan, transfer or sell, offer for sale or use (except as explicitly authorized in this Primary Agreement) any Content, or distribute any information, software, products or services obtained through the Content or Platform;
- Transmit, share, or otherwise make any of the Content available by any means where it can be used, viewed or downloaded by anyone other than just you;
- Access the Content or Platform by any means other than through the standard industry-accepted interfaces or interfaces provided by MG;
- Transmit through the Platform any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, libelous, or otherwise objectionable which may invade another’s right of privacy or publicity;
- Take any action that will infringe on the intellectual property or other proprietary rights of MG or any third party software provider;
- Insert any code or product or manipulate any Content or the Platform in any way;
- Use any data mining, data gathering or extraction method from the Platform;
- Upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with any Event, the Content or the Platform, including any software viruses or any other computer code, files or programs;
- Impersonate any person or entity, including but without limitation, any member, officer, employee, representative of or teacher provided by MG, forum leader, chat room monitor, guide or host of any Event, or falsely; state or otherwise misrepresent your affiliation with such a person or entity;
- Post or transmit on the Platform any material that contains any worms or viruses or any code or other malware to the Platform or embed it in any Content;
- Delete any author attributions, legal notices or proprietary designations or labels from any Content;
- Use any of the Platform’s communications features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous postings of repetitive text);
- Upload, post or transmit to the Platform or to any person registered through the Platform any unsolicited advertising, promotional materials, “junk mail”, “spam” “chain letters,” “pyramid schemes” or any other form of solicitation, opinions or notices, commercial or otherwise;
- Violate any local, state, national or international law regarding any of the Content, the Platform, or MG’s Rights;
- Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of MG;
- Delete or revise any material posted by any other person or entity on the Platform;
- Manipulate or otherwise display any or all of the Content or the Platform by using framing or similar navigational technology;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, anyone from the Platform if you are not expressly authorized by such party to do so;
- Use the Content in any manner that could damage, disable, overburden or impair the Platform or networks, or interfere with any other user’s use of the Program;
- Gain or attempt to gain unauthorized access to the Content or accounts, computer systems or networks connected to the Platform through hacking, password mining or any other means;
- Modify, adapt, or hack the Content or Platform or modify another website so as to falsely imply that it is associated with an Event, the Content, the Platform, MG, or any of MG’s services;
- Obtain or attempt to obtain any Content through any means not intentionally made available through the Platform; and
- Use the Content for any purpose that is prohibited by this Primary Agreement.
- Violation of Terms; Account Termination.
- MG may terminate or restrict your use of any Content or the Platform or your attendance at any Event and the termination of your account, without compensation or notice to you, if you are, or if MG suspects that you have violated any terms of this Primary Agreement.
- MG may, but has no obligation to, remove accounts that MG determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Primary Agreement.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, teacher, or officer will result in immediate account termination.
- If you violate any provision of this Primary Agreement prohibiting you from using or registering any of MG’s trademarked names or any of MG’s copyrights, you shall execute all documents and do all things necessary to apply, register, obtain, and enforce MG’s Rights as MG may desire, together with any assignments of MG’s Rights to MG or persons designated by it. Your obligation to assist MG or any person designated by it in obtaining and enforcing MG’s Rights shall continue beyond any termination of this Primary Agreement. If MG is unable, after reasonable effort to secure your signature on any document or documents needed to apply for or enforce any of MG’s Rights, for any other reason, you hereby designate and appoint MG and its duly authorized officers and agents as your agents and attorneys-in-fact to act for and in your behalf and stead in the execution and filing of any such application and in furthering the application for and enforcement of MG’s Rights, with the same legal force and effect as if such acts were performed by you.
- If you violate any of the terms of this Primary Agreement, MG may seek damages from you and an injunction against you, in addition to all other rights and claims that MG may have.
- Your Responsibility in Maintaining Security and Confidentiality of Your Account Information.
As part of the registration process and setting up an account, you will be given a username and password to access the Platform and each Event. You acknowledge that you are entirely responsible for maintaining the security and confidentiality of your user name and password. MG shall not be liable for any loss that you may incur because someone else has used your password or account, either with or without your knowledge or permission. However, you may be held liable for any losses incurred by MG or another related party due to someone else using your account or password. MG may provide access to private data you enter into the Platform to technical personnel if and when a technical question arises regarding the functionality of the Platform.
- Refunds, Credits and Exchanges.
- THERE ARE NO REFUNDS OR CREDITS GIVEN FOR ANY EVENT OR CONTENT.
- If you have purchased an item from a retailer you wish to return or exchange, you must bring or send it back to the retailer from whom the merchandise was purchased and honor the retailer’s return policy.
- MG will accept any defective or incorrect item for a full refund or exchange only if purchased on its website marniegreenberg.com. Defective merchandise must be returned within fourteen (14) business days after purchase for an exchange or full refund, but only after you have contacted MG at firstname.lastname@example.org and seek a RMA (return merchandise authorization). MG will replace an item at no additional shipping charge if an incorrect or a defective item was sent to you. All returned merchandise must be in the condition it was received by you with all the tags attached and in the original packaging; homeopathics must not have the seal broken. All exchanges and refunds will be subject to inspection and approval by MG. Please ship with a carrier that will provide a tracking number to ensure that your package does not get misdirected. Packages must be returned prepaid. Refunds or exchanges will be processed usually within five to seven business days. If there is a refund due, a credit will be issued in the original form of payment. Please allow one to two billing cycles for the refund to appear on your credit card statement.
- At any time and for any reason, MG may provide a refund, discount, or other consideration to you or others (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to any credit for similar instances, nor does it obligate MG to provide any credit under any circumstance.
- If you purchase a program (course, clinic or any event) on a two, three, or four payment plan, you agree to continue making regular payments until the full payment is made for your event. If you do not continue making regular payments, MG will immediately discontinue your access to your materials for the same course/clinic/event, and you will forfeit your initial payment(s).
- If you purchase a live seminar (in person) or retreat and do not attend, all payments will be forfeited. (No transfers of any kind)
- Disclaimer Regarding Links.
Any links provided on MG’s website have been provided as a convenience, but MG does not control or endorse these linked websites, nor has it reviewed or approved the content which appears on the linked websites. MG is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any linked websites. MG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods, or services available on or through any linked website. You agree to use any links on MG’s website at your own risk.
- Consent to Use of Data.
The Platform and/or Content may provide MG with limited access to your device on which you are viewing the Content. MG may be provided with information related to your use of the Platform or content, amount of time viewed, information regarding your computer system, such as a unique device identifier, your operating system, existing software, amount of available storage space and internet connectivity. This information will, among other things, enable MG to manage rights associated with the Content and enforce this Primary Agreement. Information obtained by MG will be treated in accordance with its Privacy Notice.
- Use of Information Submitted.
MG may use any comments, information, ideas, concepts, reviews, or techniques or any other material in any communication you may send to MG (“Feedback”), including responses to questionnaires or through postings on MG’s website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment or payment to you for any purpose, including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving any products or services offered or to be offered by MG. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. MG does not accept unsolicited materials or ideas for Content and is not responsible for the similarity of any of the Content in any media to materials or ideas transmitted to MG. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against MG regarding the use of such materials and ideas, even if such material or idea is used that is substantially similar to the material or idea you sent. The technical processing and transmission of the Content, including your content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
- Binding Effect.
These terms and conditions are and shall be binding upon your relatives, personal representatives, heirs, beneficiaries, and next of kin, and shall inure to the benefit of MG and its successors and assigns. You do not have the right to assign any of your rights under this Primary Agreement to any person or entity.
If any term or provision of this Primary Agreement or the application thereof to any person or circumstances shall to any extent or for any reason be invalid or unenforceable, the remainder of these terms and conditions and the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision herein be valid and enforced to the fullest extent permitted by law.
- Arbitration, Jurisdiction and Venue.
- Any dispute arising out of the terms of this Primary Agreement, interpretation, breach or enforcement of this Primary Agreement shall be submitted to binding arbitration under California Code of Civil Procedure § 1280, et. seq., as it may be from time to time amended or superseded, along with all rights of discovery under California Code of Civil Procedure § 1283.05, as it may be from time to time amended or superseded. By agreeing to arbitration, the parties understand that each is waiving the right to a trial by a judge or a jury. Notwithstanding the foregoing, in the event of a breach or threatened breach by you of any of MG’s Rights, MG shall be entitled, in addition to any other right or remedy, the right to obtain an injunction in Los Angeles County, California, U.S. under California Code of Civil Procedure § 1281.8 or applicable U.S. federal law from a court of competent jurisdiction restraining you and anyone acting on your behalf or in concert with you from such breach or threatened breach and to specific performance of any such provision of this Primary Agreement.
- All arbitration shall be held before a neutral arbitrator provided by ADR Services, Inc. in Century City (Los Angeles County), California. If you or MG decides to arbitrate a claim, that party must notify the other(s) in writing. Your notice must be sent to email@example.com, legal counsel for MG, or such other address as MG may hereafter notify you, and MG’s notice may be mailed or emailed to you at the most recent address for you in our files.
- The arbitrator shall be a retired judge who is then with ADR Services, Inc. (“ADR Services”) and has had at least ten (10) years of experience in business contract litigation, as either a judge or lawyer, unless MG and you mutually agree on a different arbitrator. The arbitrator shall render an award in accordance with substantive California or U.S. federal law, as applicable.
- If you and MG cannot agree on an arbitrator within three (3) weeks after either you or MG has notified the other of the need for arbitration, then either you or MG may apply to the President of ADR Services to choose the arbitrator, which choice shall be binding. The arbitrator shall determine the location of the arbitration within Los Angeles, California. You and MG have the right to discovery in accordance with California Code of Civil Procedure § 1283.05. In all other respects, the arbitration shall be conducted under Title 9 of Part III of the California Code of Civil Procedure. Judgment upon the award of the arbitrator may be entered into any court having jurisdiction. Interpretation of this Primary Agreement to arbitrate shall be governed by the United States Arbitration Act 9 U.S.C. §§ 1 et seq.
- The award shall be in writing (stating the award and the reasons therefor) and shall be final and binding upon you and MG and shall be the sole and exclusive remedy between you and MG regarding any and all claims and counterclaims, whether in contract or tort. Judgment upon any award may be entered in any court having jurisdiction.
- The arbitration proceedings shall be conducted and the award shall be rendered in the English language under the then existing arbitration rules of ADR Services, which may be found on the internet at www.adrservices.org. The arbitrator shall comply with all of the California Ethics Standards for Neutral Arbitrators in Contractual Arbitration.
- For purposes of a pre-arbitral injunction. pre-arbitral attachment or other order in aid of arbitration proceedings, you and MG agree to submit to the jurisdiction of the United States federal courts and the Superior Court of the State of California in Los Angeles County, California, as may be appropriate.
- You and MG irrevocably waives, to the fullest extent permitted by law, any objection it may now or hereafter have to the jurisdiction of such courts or arbitrators or the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. You consent to service of process by email at your last known email address or by registered U.S. mail or overnight courier to a physical address (not a P.O. Box) designated by you within the U.S. MG consents to service of process by registered mail or overnight courier to Marnie Greenberg. You and MG each agree that your and MG’s submission to jurisdiction and consent to service of process by email, mail or overnight courier is made for the express benefit of the other.
- Injunctive Relief.
You agree that it would be impossible or inadequate to measure and calculate all of MG’s damages from any breach of the covenants set forth in the paragraph above entitled “prohibited Activities”. In the event of a breach or threatened breach by you of any of the provisions contained in the aforesaid paragraphs, MG shall be entitled, in addition to any other right or remedy, the right to obtain an injunction under California Code of Civil Procedure section 1281.8 from a court of competent jurisdiction restraining you from such breach or threatened breach and to specific performance of any such provision of this Primary Agreement. No bond or other security shall be required of MG in obtaining such equitable relief in the event of such breach or threatened breach.
- Class Action Waiver.
If either you, your representative, or MG or any of its officers, directors, members, teachers, agents, representatives, or volunteers elect to arbitrate a Claim, none of the foregoing will have the right: (a) to participate in a class action, private attorney general action or other representative action in court or in arbitration, either as a class representative or class member; or (b) to join or consolidate Claims with claims of any other persons. No arbitrator shall have authority to conduct any arbitration in violation of this provision or to issue any relief that applies to any person or entity other than the foregoing. You acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this arbitration provision. If the Class Action Waiver is limited, voided or found unenforceable, then the parties’ arbitration provision (except for this sentence) shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. You acknowledge and agree that under no circumstances will a class action be arbitrated.
- Choice of Law; Venue.
You agree that this Primary Agreement is entered into in Los Angeles, California, and shall be governed by and enforceable and interpreted under the laws of the State of California, without regard to choice of law or conflict of laws principles, and shall also be governed by and enforceable and interpreted under the laws of the United States of America where federal law is applicable. All disputes arising out of or in connection with this Primary Agreement shall be litigated or arbitrated, as applicable, only in the City of Los Angeles, California. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
- Third Party Rights.
MG uses third party vendors and hosting providers (collectively, “Service Providers”) to provide hardware, software, networking, storage, and related technology required to run the Platform or to otherwise provide the Content or make an Event available to you. You and MG intend none of the benefits of or rights under this Primary Agreement to inure to any third person other than MG’s directors, officers, employees, members, agents, teachers, volunteers, successors, and assigns and the Service Providers, which may (subject to MG’s agreements with them) enforce MG’s rights (without joining MG in any suit) regarding any infringement by you of any rights of MG’s Service Providers.
- Shipping Methods.
MG ships all products through the United States Postal Service or any other shipper that MG deems appropriate.
- Copyright Policy.
The U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by MG infringe your copyright, you or your agent may send to MG a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be sufficient notice and shall not be deemed to confer upon MG actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to MG a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright or 17 U.S.C 512(c)(3) for details. You must provide MG’s Copyright Agent with the following information in writing
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MG’s designated Copyright Agent to receive DMCA notices (notifications of claimed copyright infringement) are: . For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service through firstname.lastname@example.org You agree that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. MG suggests that you consult your legal advisor before filing a notice or counter-notice. There can be penalties for false claims under the DMCA.
- LIVE Events and Video/Audio Broadcasts.You understand that you or your voice may be photographed, filmed, or videotaped or recorded and you hereby give (MG) the unqualified right to take pictures and/or recordings of you and grant the perpetual right to use your likeness, image, photo (collectively, “image”), without compensation, for broadcast or exhibition in any medium and to put the finished pictures/recordings to any legitimate use without limitation or reservation. You hereby waive, release and forever discharge (MG) from and against any and all claims or actions arising out of or resulting from any use of your image, (MG) shall not be obligated to use, and may elect not to use, your image. Videotaping, recording, or photographs will not be permitted at Live Seminars without express written permission in advance.
- MG’s Privacy Policies.
Last Updated July 27, 2016
Marnie Greenberg is a registered trademark and Delete on the Spot™ is a trademark of Marnie Greenberg, LLC. All intellectual property rights in the Marnie Greenberg and Delete on the Spot™ are owned by Marnie Greenberg, LLC. All forms of copyright or trademark infringement and unauthorized reproduction of any intellectual materials or of any website pages from www.marniegreenberg.com will be prosecuted to the fullest extent of the law.
copyright © 2016 Marnie Greenberg, LLC All rights reserved.