Terms of Service
Terms and Conditions Last updated: July 23, 2020 Please read these terms and conditions carefully before using Our Service.
M3Linked and logo, and the M3 family of marks (M3Forum™, M3Symposium™, M3MemberOrientation™, M3Mastermind™, M3Tank™, M3DeepDive™, and M3ExpertPanel™) are all common law trademarks of M3Linked IP LLC.
Interpretation
Capitalized terms are defined below. Capitalized terms have the same meaning regardless of whether they are singular, plural, or possessive.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to M3Linked LLC, 255 E. Brown, Suite 103, Birmingham, Michigan 48009.
Country refers to United States
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to M3Linked, accessible from https://m3linkeddev.wpengine.com
You or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
Acknowledgement These are the Terms and Conditions governing the use of this Service and the agreement that applies between You and the Company. These Terms and Conditions establish the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms and Conditions. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Intellectual Property The Service and its original and future content (including content provided by You or other users), features and functionality are and will remain the exclusive property of, M3Linked IP LLC, the Company, its Affiliates, and its licensors. All content included on the Website and in connection with the Service such as text, graphics, logos, button icons, images, audio and video clips, digital downloads, date compilations and software is the property of M3Linked IP LLC, the Company, or its content suppliers and is protected by national and international copyright laws. All of the trademarks, service marks, logos, brands and trade names appearing on the Website are the proprietary intellectual property of the owners of such marks, logos or names and you may not use, modify, remove or otherwise infringe on any of such proprietary intellectual property. The M3Linked IP LLC and the Company retains full ownership rights with respect to the Website and the Service including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the Website or the Service. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Links to Other Websites Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company 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 or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. Termination We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of the Company, and it officers, directors, members, managers, independent contractors, attorneys, accountants and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or, if You haven’t purchased anything through the Service, $100 USD. To the maximum extent permitted by applicable law, in no event shall the Company and its officers, directors, members, managers, independent contractors, attorneys, accountants or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company and its officers, directors, members, managers, independent contractors, attorneys, accountants or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law. “AS IS” and “AS AVAILABLE” Disclaimer The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor its Affiliates or any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. Governing Law and Venue The laws of the State of Michigan govern these Terms without giving effect to principles of conflicts of laws. Any action arising under these Terms shall be brought only in the State court located in Oakland County, Michigan and not in any other court, which court shall have exclusive jurisdiction and You consent to the exclusive jurisdiction of such court. Dispute Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If the dispute cannot be resolved informally, You agree to resolve the dispute by means of private mediation to be held in Birmingham, Michigan. The mediator shall be selected by mutual agreement of You and the Company. The cost of the mediation shall be borne equally by You and the Company. You shall be responsible for the payment of any costs and attorney’s fees that may be incurred by You in conjunction with the mediation. Good faith participation in mediation shall be a prerequisite to the filing of a lawsuit in a court of law. For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside. United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. Relationship of Parties The Company is not Your agent, fiduciary, trustee or representative. Nothing express or implied in these Terms is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms are intended for the sole and exclusive benefit of You and the Company. Force Majeure In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in the delivery of the Service available through the Website arising from any event beyond the Company’s reasonable control, whether or not foreseeable by either party, including but not limited to: a pandemic or public health crisis, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes and events beyond Our reasonable control, whether or not similar to those enumerated above. Translation Interpretation These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.