Terms of Use

Effective September 10, 2018

Welcome to the Dr. Mollie Marti, Inc. website (the “Site”). We are committed to high ethical standards that protect and preserve the rights of users of the Site while enhancing our ability to provide the best level of service and support. These Terms of Use are an agreement between us and you and they set forth the conditions of the use of the Site, including our Privacy Policy.

The Site is owned and operated by Dr. Mollie Marti, Inc. (“Company”, “we” or “us”), incorporated in the State of Iowa. This Agreement includes protections for Company’s affiliates and agents (singularly “Third Party” or collectively “Third Parties), as well as our successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees. By using the Site or any sites managed by us, or by providing us any content or information, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or from us.

If you do not agree to comply with these Terms of Use in their entirety, you are not authorized to use the Site. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to modify the Terms of Use or to impose new conditions on use of the Site, for any reason and without notice. Any modifications will result in a revised Terms of Use posted on this Site with an updated effective date. You are responsible to keep yourself current on any such changes. By continuing to use the Site after we post any changes, you accept the Terms of Use, as modified.

Intellectual Property Rights and Copyright

Unless otherwise noted, this Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. We expressly reserve all rights to this Site and our materials under U.S. and international laws. The Site is provided solely for your personal noncommercial use. You may download and/or print one copy of individual pages of the Site but only for personal, non-commercial, educational or public policy use, provided that you keep intact all copyright and other proprietary notices. Attribution to the Company and to any individual authors must be noted along with a copyright notice on all copies with all rights reserved. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. Except as described above, you may not modify, copy, reproduce, republish, translate, sell, create derivative works, exploit, or transmit in any way any material from the Site.

Trademarks

You acknowledge and agree that Company’s name, logo and other registered trademarks and service marks (“Our Marks”) are trademarks of the Company. These specifically include Best Life Design, THRIVE Resilience Model, Wholemaker and Worldmaker. You may not use Our Marks for any product or service that does not belong to us, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor, or the endorser of any product or service, nor in any manner that disparages our Company.

Registration and Passwords

To use certain features of the Site, you may need to register or create a user profile including personally identifiable information, such as your name, email address, certain demographic information, a user name and password (collectively, “Identifier”). You agree to provide true, accurate, and complete information about yourself and to keep your information current in a timely manner. If you provide, or we have reasonable grounds to believe that you provided, information that is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, in addition to exercising all rights and remedies allowable by law. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You are responsible for maintaining the confidentiality of your Identifier, and are responsible for all activities, whether by you or by others, that occur under it. You agree to ensure that you exit from your account at the end of each session, and notify us immediately of any unauthorized use of your Identifier or any other breach of security. You agree that we will not be liable for any loss or damage arising from your failure to protect your Identifier. You further agree that all uses of the Identifier created by you will be attributed to you and legally bind you and may be relied upon us, and Third Parties with whom we work, as being a use made by you, even if someone else uses your Identifier.

Links and Frames

You may establish a hypertext link to the homepage of the Site so long as the link does not cast us in a misleading or disparaging light and does not state or imply any sponsorship of your site by us or by the Site. We request advance notice of any such linking, which can be provided to the address at the bottom of these Terms of Use. You may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

External Links

The Site contains links and points to other internet sites that we think may be helpful to you and are provided as a convenience for you. We have no control over these other sites and our links to them do not constitute our endorsement of these sites, their content, or the products or services offered on or through the sites. We do not guarantee the accuracy, completeness, or usefulness of any content on any third-party site. Please be aware that when you leave this Site for another, you will then be governed by the terms of use and privacy policy for that particular website, which you should read. You agree that any visits to linked websites are at your own risk and are governed by third-party terms and policies.

Blogs and Other Online Forums

This Site includes a variety of features which allow feedback to us and may allow users to communicate with others, such as blogs, discussion boards and email services (“Forums”). By posting or submitting any material to the Site, including but not limited to comments, blog entries, photos and videos, you are representing that you are 18 years of age or older and that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material.

Our Forums are public, not private communications. What is posted on the Forums, or sent via any email services on the Site, is the responsibility of each user. You acknowledge and agree that we have no obligation whatsoever to monitor or control any messages, information or files that you or others provide through the Site, and we make no representations or warranties regarding such posted materials.

You also acknowledge and agree that we have the absolute right to monitor the Forums at our sole discretion. This includes the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves and Third Parties, clients, users and others.

We expressly disclaim all responsibility and endorsement and make no representation as to the validity of any opinion, advice, information or statement made or displayed in the Forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, or Third Parties, be liable for any loss or damage caused by your reliance on information obtained through the Forums. Be aware that any personal information you voluntarily disclose may be collected and used by others and may result in unsolicited messages. We specifically disclaim responsibility for any third party usage of information posted on the Site.

Your Representations and Warranties

By using the Site or entering any information in our Forums, you represent and warrant to us the following: For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to the Site or participation in any of Forum, you shall not submit, upload, or post to the Site any text, graphic material or other information or data (singularly or collectively, “Content”) that:

  1. restricts or inhibits any other user from using and enjoying the Site;
  2. impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  3. transmits any unlawful, threatening, libelous, defamatory, pornographic, profane or indecent information of any kind;
  4. transmits any material that violates or infringes upon the rights of others, including invasion of privacy or publicity rights, copyright, trademark or other proprietary rights, or falsifies or deletes author attributions, legal notices or other proprietary designations;
  5. instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
  6. gains unauthorized access to the Site, or any account, computer system, or network connected to this Site;
  7. posts or transmits any information, software, corrupted files or other material that contain a virus or other harmful component;
  8. uses the site for commercial purposes, including transmitting any advertising or solicitations for products or services or donations of any kind without our express written approval, or gathering personal or contact information that has been posted by other users of the Site for marketing purposes; or
  9. violates any law.

Any user posting Content that fails to comply with these Terms of Use may be expelled from and refused access to the Site or any Forum.

Content posted on the Site remains the intellectual property of the user. Any such Content is deemed non-confidential and we shall be under no obligation to maintain the confidentiality of any information, contained in any form, contained in any Content. By posting Content, you are granting us, and anyone authorized by us, a non-exclusive, perpetual, irrevocable, royalty-free, unrestricted, worldwide right and license to use, reproduce, modify, adapt, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner, medium, or technology, now known or hereafter developed, for any purpose. This license shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction, for promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, including the unfettered right to sublicense such rights, in perpetuity, throughout the world. You further grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, screen name, voice and/or likeness, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials or any portion thereof, at any time for any reason whatsoever.

By posting any Content on the Site, you agree to indemnify and hold harmless Company, its affiliates and agents, from and against all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including but not limited to attorney’s fees, arising or resulting from or in connection with your breach of the foregoing representations and warranties to us.

Online Commerce

Certain sections of the Site may allow you to purchase products and services online. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or Third Parties, you represent that you have obtained the express consent to provide such personal information.

For products and services provided by Third Parties on the Site, we are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from Third Parties on the Site or on a site linked to by the Site, any information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both Third Parties and us. We have no responsibility or liability for any privacy or data collection practices of Third Parties that are different from ours. When you purchase products or services on or through the Site, you also may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding any Third Party, its online store, privacy policy or terms of use, visit that particular website or contact them directly. You release us and Third Parties from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available through the Site. You agree that Company shall not be responsible or liable for any loss, damage or other matters of any sort associated with such dealings.

Refund Policy: Events

Unless otherwise stated, all sales are final and there are no refunds for any Company programs or events, live or virtual. Event payments may be transferred to a future event. Any refund will be given based on our sole discretion.

Refund Policy: Physical Products

If for any reason you are not satisfied with your product purchase, you must contact us within 30 days of purchase to request a refund. You will be required to return the product in its original condition. Upon receipt of the returned product, we will initiate a refund of the original purchase price of the item, less shipping and handling charges.

Disclaimers of Warranty and Limitations of Liability

THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES IS SUBJECT TO CHANGE AND IS PROVIDED BY US OR THIRD PARTIES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, AND WITHOUT THE UNDERTAKING OF ANY DUTY OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY DUTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER HARMFUL COMPONENTS TO OUR SITE, WE OR THIRD PARTIES DO NOT GUARANTY OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE MAY BE FREE FROM SUCH DESTRUCTIVE FEATURES. YOU AGREE THAT YOU WILL OBTAIN, INCLUDING VIA DOWNLOAD, ANY CONTENT AT YOUR OWN RISK. WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU THAT RESULTS FROM THE USE OF THIS SITE OR YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE, AT ANY TIME.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE TERMS OF USE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

Release and Indemnity

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or participation or posting in any of Forum, you hereby agree to release and waive any and all claims and/or liability against Company and Third Parties, if any, arising from or in connection with your use of this Site. You agree at all times to defend, indemnify and hold harmless our Company and Third Parties, if any, from and against any and all third party claims, causes of action, damages, liabilities, costs, fees, expenses, or amounts of any kind or nature whatsoever, including without limitation attorney’s fees and expenses, arising out of or related to your use of this Site or any breach of any obligation, warranty, representation or covenant set forth herein. You also agree to cooperate fully in the defense of any such claim.

Copyright Complaints and DMCA Compliance

We respect the intellectual property rights of others and request that our users do the same. We abide by the Digital Millennium Copyright Act of 1998 (the “DMCA”), which provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you or your agent may send us a notice requesting that the material be removed or access to it be blocked.

To file a notice of infringing materials found on our Site, please provide a notification that complies with the requirements of the DMCA (see https://www.loc.gov/copyright). Any notification that fails to comply with these requirements shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. Any notice of claims of copyright infringement (or counter notices) can be directed to our Copyright Agent at the following address: email info@molliemarti.com or mail: 4217 1st Avenue SE, Cedar Rapids IA 52402.

Notice to Users Outside of the U.S.

This Site is operated by us from the United States of America. If you choose to access this Site from locations outside of the U.S., you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export any Content from the Site in violation of U.S. export laws, regulations, or these Terms of Use.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Iowa applicable to contracts made and performed there without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State of Iowa and County of Linn and waive any jurisdictional, venue or inconvenient forum objections to such courts. In its sole discretion, Company may elect to submit any dispute to binding arbitration in Cedar Rapids, Iowa.

Termination

This Agreement shall be binding upon and inure to the benefit of Company, Third Parties and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.

We reserve the right to terminate the Site and these Terms of Use at any time without notice for any reason, including your violation of any of the terms and conditions. Specifically, the Disclaimers of Warranties and Limitation of Liability, Release and Indemnity and Governing Law sections of these Terms of Use shall survive any such termination. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

These Terms of Use, including the Privacy Policy, are the entire agreement between you and us and supersede any prior understanding, oral or written.

Changes to Terms of Use

We may revise these Terms of Use at any time. We will make revisions by posting the updated Terms of Use on the Site and updating the Effective Date. You are bound by any such revisions. Therefore, we encourage you to periodically visit and review the current Terms of Use to which you agree by using the Site.