TERMS AND CONDITIONS
We (the folks at Marco’s Grounds LLC) are on a mission to manufacture and distribute the world’s most effective pharmaceutical-grade cognitive and mind enhancing products under the sun. We hope you love our products, blogs, websites, services as much as we love creating them.
These Terms and Conditions (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
Thanks to the folks at Woocommerce for supporting and letting us send thousands of monthly emails – courtesy of Google and their G-Suite. Also, thanks to the folks at WordPress and Automattic who make these Terms available under a Creative Commons Sharealike license. You can grab a copy of these Terms and other legal documents on Github, that’s exactly what we did.
TERMS OF SERVICE
These Terms govern your access to and use of marcosgounds.com (henceforth the “Website” or the “affiliated websites”), as well as all Content and Products and Services under the Website or affiliated websites available at or through the Website or affiliated websites (collectively, “Products”).
These Terms also govern visitors’ access to and use of any websites that use our Products. Please also consult out Purchase Policy.
Please read the Agreement carefully before accessing or using our Products and Services. By accessing or using any part of our Products, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Products.
Throughout these Terms, “you” applies to both individuals and entities that access or use our Products and Services. If you are an individual using our Products on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Product(s), you are accepting the Agreement on behalf of that entity.
Your Agreement is with Marco’s Grounds LLC.
We refer to Marco’s Grounds LLC registered under Laws and Regulations of the Swiss Confederation and Marco’s Grounds International Ltd. registered under Laws and Regulations of the Republic of Ireland as “Marco’s Grounds” or “we” or the “Company” throughout these Terms. We refer to the Marco’s Grounds as the “Brand” throughout these Terms.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other Content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Products. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a Marco’s Grounds account, we consider that to be an inquiry about our Products, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt-out of the marketing communication, whether it’s an email, phone call, text message, or in most cases, just a click on “unsubscribe” at the bottom of the communication.
MINIMUM AGE REQUIREMENTS
Our Products are not directed to children. Access to and use of our Products is only for those over the age of 21 (or 18 in the European Union). If you are younger than this, you may not register for or use our Products. Any person who registers as a user or provides their personal information to our Products represents that they are 21 years of age or older (or 18 years or older in the European Union).
RESPONSIBILITY OF VISITORS AND USERS
We have not reviewed, and cannot review, all of the Content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Products by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Policy to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Products, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.
- Please note that additional third-party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
SUBSCRIPTIONS, PAYMENT, AND RENEWAL
Subscriptions. Some of our Products are offered for as a Subscription (collectively, “Subscriptions”). By using Subscriptions, you agree to pay the specified fees on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team or logging into your account page.
To the extent permitted by law, or unless explicitly stated otherwise, all Subscriptions or Prices are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). We are responsible for payment of all applicable Taxes relating to your purchase of our Products. If we are obligated to pay or collect Taxes on the Purchases you’ve made or will make, we are responsible for such Taxes, and we may collect payment for such Taxes.
If your payment fails or if Subscriptions are otherwise not paid for or paid for on time, we may immediately cancel or revoke our Agreement with you in relation to the Subscriptions.
We may change our Prices at any time, or start charging Fees for Services that were previously free. When applicable, we may give you notice of the Fee or Price changes. Prices for Subscriptions are subject to change. However, this does not retroactively affect current Subscriptions unless the difference is in favor of the customer
GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that your use of our Products:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable Content, privacy, data protection, the transmission of technical data exported from the United States, the Republic of Ireland or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not use the Products for any unlawful purposes,
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Marco’s Grounds systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to sending spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to creating, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
The Agreement does not transfer from Marco’s Grounds to you or any third party or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Marco’s Grounds. Marco’s Grounds, www.marcosgrounds.com, the Marco’s Grounds® logo, MAXIMUM MIND®, and all other trademarks, service marks, graphics, and logos used in connection with Marco’s Grounds or our Products, are trademarks or registered trademarks of Marco’s Grounds International Ltd., incorporated in the Republic of Ireland as well as Marco’s Grounds International Ltd. licensors. Other trademarks, service marks, graphics, and logos used in connection with our Products may be the trademarks of other third parties. Your use of our Products grants you no right or license to reproduce or otherwise use any Marco’s Grounds® or third-party trademarks.
We may upgrade our Products, and that means sometimes we have to change the legal terms under which our Products are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Marco’s Grounds, or by the posting by Marco’s Grounds of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time, after which the new terms will take effect. If you disagree with our changes, then you should stop using our Products within the designated notice period, or once the changes become effective. Your continued use of our Products will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose
We may terminate your access to all or any part of our Subscriptions at any time, with or without cause, with or without notice, effective immediately. We have the right to terminate your Subscriptions, if we believe you are in infringement of our Terms. We may also terminate or deny access to and use of any of our Products to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your Marco’s Grounds account, you may simply discontinue using our Products or Subscriptions, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
DISCLAIMER OF WARRANTIES
Our Products are provided “as is.” Marco’s Grounds and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Marco’s Grounds nor its suppliers and licensors make any warranty that our Products and Subscriptions will always be available or that access thereto will be continuous or uninterrupted.
JURISDICTION AND APPLICABLE LAW
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Products will be governed by the laws of the Republic of Ireland, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Products will be the provincial and national courts located in the county of Dublin, Republic of Ireland.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Dublin, Republic of Ireland in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
LIMITATION OF LIABILITY
In no event will Marco’s Grounds, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed USD 1 or the Prices and Subscriptions paid by you to Marco’s Grounds under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Marco’s Grounds shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Marco’s Grounds, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Products, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Products, Content that you post, and any e-commerce activities conducted through your or another user’s website.
U.S. ECONOMIC SANCTIONS
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
These Terms were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement constitutes the entire agreement between Marco’s Grounds and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Marco’s Grounds may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
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