Last Modified: February 15, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

This is a contract (Agreement) between you (the Certification candidate) and us, Molly Mariss, LLC, a Wisconsin Limited Liability Company. This Agreement describes the terms of sale/terms of your purchase of our Molly Mariss Integrator Certification Program, how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible. These terms are so important though that we cannot have you participate in our Molly Mariss Integrator Certification Program unless you agree to them. By participating in our Molly Mariss Integrator Certification Program, you are agreeing to these terms.

This Certification Program Agreement (“Agreement”) is an agreement between you (“you” or “your”) and Molly Mariss, LLC (“Company”). This Agreement applies to your participation in the Molly Mariss Integrator Certification Program as well as to any Molly Mariss Integrator Certifications you have already obtained or will obtain in the future.

By doing any of the following, signing up for, paying for, taking all or part of our course, and/or obtaining a Molly Mariss Integrator Certification, you are accepting the current version of this Agreement, which incorporates by reference the Policies, Terms of Use, and other applicable rules that Molly Mariss, LLC  publishes on its Certification Website. You must continue to comply with this Agreement including the Policies, Terms of Use and other rules (Policies) in order to maintain your Certification.

DEFINITIONS

“Program” means all of our web-based content, applications, tools and platforms that we may make available to you, and are developed, operated, and maintained by us, accessible via http://mollymariss.com or another designated URL, and any ancillary products and services that we provide to you for your use in accordance with the terms of this Agreement.

“Molly Mariss Integrator Certification Program Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we make available to you under this Agreement.

“Agreement” means this Molly Mariss Integrator Certification Program Agreement and all materials referred to, incorporated by reference and linked to in here.

“Certification” means a designation offered by Molly Mariss under this Agreement that you may attain by completing the requisite capstone project and complying with all Policies. The current list of available Certifications is located at the Certification Website.

“Certification Website” is the following website: https://programs.mollymariss.com/

“Capstone Project” means the final project based on the 5 Phase Integrator Framework that you must complete fully to attain a Certification.

“Policies” means the guidelines, requirements and other provisions required by the Company for a Certification, including the provisions of this Agreement. A current version of the Policies is listed on the Certification Website. They are incorporated herein fully by reference. Each current version of our Policies are automatically incorporated herein fully by reference. You must check our Policies regularly to make note of any changes to those terms. Policies also include any trademark or brand guidelines and rules, and our current Privacy Policy and Terms of Use.

“Terms of Use” means the terms governing the use of and access to our websites and program platforms. A current version of our Terms of Use is on our main website and Certification Website. Each current version of our Terms of Use are automatically incorporated herein fully by reference. You must check our Terms of Use regularly to make note of any changes to those terms.

TERMS OF PARTICIPATION/TERMS OF SERVICE

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Molly Mariss, LLC. (“Company”, “we”, or “us”) and You (“you” or “You”) agree to the follow terms stated herein.

PROGRAM/SERVICE

Molly Mariss, LLC. (herein referred to as “Molly Mariss, LLC” or “Company”) agrees to provide Program, “Molly Mariss Integrators Certification Program” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program, the Company shall provide the following to you:

A Password Protected Program Area: The Company shall maintain a Program Area that will include content such as (but not guaranteed to include): videos, audios and written lessons, templates, worksheets, checklists, slide decks and other training and support information. 

The program includes:

• Introduction to the Integrator Role Module
• Modules based on the 5 Phase Integrator Framework
• Running Your Business Resources + Templates
• Private Slack Community (6 months of access)
• Bi-Weekly Q&A Sessions via Zoom

 

You shall have access to this Program Area for as long as the Program Area exists, however no less than 60 days. In the event that Company intends to close the Program Area, it shall provide you with a 30-day notice and the ability to download the core resources contained in the Program Area.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year. Bonuses do not have any cash exchange value and are not transferrable. You are not entitled to future bonuses offered to new clients after you have already joined the Program.

FEES

In consideration of Your access to the Program, you agree to pay the following fees.

You may choose between a single payment of $997 (due immediately) or three (3) monthly payments of $397, or six (6) monthly payments of $197. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged on a monthly basis. If you opt for monthly payments, you will remain responsible for those payments in full. You may not cancel or avoid these payments. Please see our Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program with no recourse and no refunds offered, and you will still be liable to the company for payment of entire program fees in full. Once paid in full, your access to the program will be restored, unless you have violated other terms of this Agreement.

The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States.  For purchases made outside of the U.S., your pricing might vary or be subject to import/export taxes or duties, for which you are fully and solely responsible.

METHODS OF PAYMENT

The current payment methods available are: credit or charge cards from Visa, MasterCard, American Express, Discover; debit cards with the Visa or MasterCard logo; PayPal, Apple Pay, Google Pay and Afterpay. Orders are processed only after a billing address, or other billing information, has been verified. 

 

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

Where applicable, separate charges for shipping and handling may apply. If there are separate charges, such charges will be shown on your order form. 

If the Company determines your purchase is subject to sales or other tax, a separate charge for taxes will be shown on your order form. 

 

REFUND POLICY

Because of the digital nature of our products and services, we do not offer refunds of any kind. Payments made are not refundable for any reason. Partial payments are not refundable, even if you fail to complete your remaining payments and lose access to our program website and materials. No refunds are given even if you do not succeed in being awarded with a Certification in our program.

 

CERTIFICATION TERMS & CONDITIONS
To obtain and maintain a Certification, you must: (a) successfully complete the course and the required Capstone Project; (b) agree to this Agreement; and (c) comply with the Policies.

In addition, as a condition of your Certification, you will conduct your business and provide your services in a manner that (i) does not in any way harm the reputation of Molly Mariss, LLC or the Molly Mariss Integrator Certification program (; (ii) avoids deceptive, misleading, or unethical practices; (iii) avoids making any representations, warranties, or guarantees to customers on behalf of Molly Mariss, LLC's technologies or otherwise; (iv) complies with all applicable U.S. export regulations and other applicable governmental laws and regulations; and (v) complies with copyright and other intellectual property and proprietary rights protections for Molly Mariss, LLC's software.

YOUR CERTIFICATION DOES NOT GIVE YOU THE AUTHORITY TO MAKE ANY STATEMENT, REPRESENTATION, WARRANTY, OR AGREEMENT ON BEHALF OF MOLLY MARISS, LLC, ITS FOUNDERS, OWNERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES. A Certification shows that you have successfully passed the requisite Capstone Project, but does not give you any authority to advertise, promote, or suggest in any manner that your services are provided, sponsored, or supported by Molly Mariss, LLC, or that you are employed by, affiliated with, or sponsored by Molly Mariss, LLC.

MOLLY MARISS, LLC CONTENT IS PROPRIETARY AND CONFIDENTIAL AND PROTECTED BY INTELLECTUAL PROPERTY LAWS
The content of the Program and the Capstone Project (including your answers) is the confidential information of Molly Mariss, LLC and is protected by copyright, trademark, trade secret law and by the Confidentiality Terms you were required to accept in order to take the Program. You may not disclose the Program content to any other person, whether verbally or in writing, directly or indirectly (such as through posting anonymously on a forum, in comments, via email, or any other medium). Molly Mariss, LLC reserves the right to immediately cancel your Certifications should it discover that you have violated this section, and may further ban you from attaining any further Certifications.

YOUR RESPONSIBILITIES

At all times when representing yourself as the recipient of a Molly Mariss, LLC Certification or participating in the Molly Mariss Integrator Certification Program (e.g., through registration, participation, using the content provided, starting or completing the Capstone Project, etc…), you will:

(a) conduct your activities in a professional manner; 

(b) not imply any relationship or affiliation between Molly Mariss, LLC and you, except as expressly permitted by this CPA;

(c) maintain the confidentiality of your Molly Mariss Integrator Certification account and login credentials;

(d) not allow any other individual to access your Molly Mariss Integrator Certification account or Molly Mariss Integrator Certification benefits for any reason, including to register for an Molly Mariss Integrator Certification Capstone Project on your behalf;

(e) report any Unauthorized Content Disclosures, including any Certification Exam or Testing Materials you have accessed, to Molly Mariss Integrator at [email protected]; and

(f) ensure all Molly Mariss Integrator Certification account information is current including, but not limited to, an email address that you regularly check and that is able to receive email correspondence from the @mollymariss.com domain. 

 

USE OF CERTIFICATION NAMES AND LOGOS

If you obtain an Molly Mariss Integrator Certification, we grant you the limited, non-exclusive and revocable right to use the name of the specific Molly Mariss Integrator Certification that you obtained and the associated Molly Mariss Integrator Marks, which will be made available in your Molly Mariss Integrator Certification account or through our third-party digital badge provider. 

You may only use the Molly Mariss Integrator Marks in accordance with the Molly Mariss Integrator Trademark Use Guidelines (available at https://programs.mollymariss.com/) to indicate your valid Molly Mariss Integrator Certification status. We may revoke your right to use any Molly Mariss Integrator Mark associated with the Molly Mariss Integrator Certification at any time  for any reason by giving you written notice via email or notification on our Certification portal.

During the time that you hold a valid Certification, Molly Mariss, LLC hereby grants you a non-exclusive, revocable license to use any names or logos that Molly Mariss, LLC approves for that specific Certification, subject to any requirements and guidelines contained in the Policies. The current list of approved names and logos are located on the Certification Website. Molly Mariss, LLC reserves the right to change these names and logos, as well as the requirements and guidelines for their use, in its discretion and without notice to you. Please be sure to check the Policies regularly to ensure that you are up to date.

Molly Mariss, LLC is not granting you any other right, title or interest in its intellectual property. You may not seek to obtain intellectual property rights (including by means of registration with any government) in any of the names or logos, nor in any brand that is substantially similar to them. You will not take any action that may interfere with, tarnish, dilute or diminish the rights of Molly Mariss Integrator in the names or logos. You acknowledge Molly Mariss, LLC’s  sole and exclusive ownership of the names and logos, and any associated goodwill, and that Molly Mariss, LLC retains all rights, title, and interest in and to the names and logos.

Once you achieve Certification and have authorization to use our marks, your use of Company marks should not suggest any sponsorship or endorsement by us, and shouldn’t confuse our brands with any other brands. This means that you can’t place our marks and logos on your website (other than our Certification logos once you are officially Certified, or other program or affiliate logos that we provide to you) unless you receive written permission from us. This also means that you can’t use or register a domain name that incorporates or is similar to our trademarks.

 

You hereby agree to not to any of the following:

• Combine any of our marks with your name, your marks, or any generic terms
• Incorporate any of our marks into your name or logo
• Change the color of our logo 
• Photoshop or otherwise modify our logos
• Use old versions of our logos
• Use our logo as a letter in any word, other than where published by us
• Add words directly around the logos
• Overlap our logo with shapes or photos
• Associate our marks with any vulgar, obscene, indecent or unlawful material
• Translate our marks into other languages

 

You may use a Company Certification logo in a referential phrase to describe that you are certified by us (only if you are), and provided: Your use of the logo is referential and less prominent than your own business name or brand in the rest of the description. Your use, mention, or reference to Molly Mariss, Molly Mariss, LLC and/or its products does not deprecate Molly Mariss (the individual) or Molly Mariss, LLC and/or its products or services. You shall not use any Company stylized logo, images, product icons, or other Company-owned graphic symbols without the Company’s express written permission. 

 

You must include a disclaimer, such as: “This webinar is independent of Molly Mariss, LLC, and is not authorized by, endorsed by, sponsored by, affiliated with, or otherwise approved by Molly Mariss, LLC.” 

 

You may not create a Twitter handle, Facebook profile, Instagram or Tiktok profile, or other social media account whose username or title could suggest affiliation with or endorsement by us. 

 

You may not use our marks in any advertising creative or copy (digital, social, PPC or otherwise). This includes phrases, such as “Molly Mariss Integrator Partner” or “Molly Mariss Integrator Certified.”You may not use or attempt to register a trademark, domain name, or logo that creates a likelihood of confusion with our marks or is confusingly similar to our marks.

 

INTELLECTUAL PROPERTY RIGHTS OF OTHERS; NO INFRINGEMENT

Molly Mariss, LLC respects the intellectual property of others, and requires that participants in our programs and those certified by us do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the access to our programs and/or any Certification of anyone we suspect to be an infringer. 

PRIVACY
Molly Mariss, LLC collects certain information about you in order to operate and run its Certification programs. Molly Mariss, LLC uses and protects that information as described in the Molly Mariss, LLC Privacy Policy, located at https://mollymariss.com/privacy-policy/. You also agree that the Molly Mariss Integrator Certifications you have earned and your Program activities will be tracked and associated with your personal information.

YOUR RESPONSIBILITY REGARDING PRIVACY OF PROGRAM PARTICIPANTS

The Company respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s proprietary and confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship between the parties. The Company is agreeing only to provide you with access to the Program, which provides education and information, and Certification if you complete the program requirements and continue to abide by the terms of this Agreement and Policies. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice, legal advice, financial advice, or any other kind of professional advice.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

ASSIGNMENT

You and the persons you represent may not assign your rights and obligations under this Agreement without the express prior written consent of the Company, which may be withheld by the Company in its sole discretion.

The Company may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.

MODIFICATION

Company may modify terms of this Agreement at any time. All modifications shall be posted on the Molly Mariss, LLC's website and purchasers shall be notified. By continuing to access the Program materials, or continuing to maintain your Certification through the Company, you expressly agree to be bound by any modified terms and revised versions of this Agreement. You have no authority to modify the terms of this Agreement. If you do not want to be bound by the revised terms, you an cease accessing the Program materials and cease using your Certification through the Company. 

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if you become disruptive (as defined in the sole estimation of the Company) to the Company or other Program participants, if you fail to follow the Program guidelines, or you engage in misappropriation or unauthorized disclosure of any trademark, copyright, trade secret or proprietary or confidential information of the Company, if you otherwise violate the terms of this Agreement, including but not limited to failing to make payments, or if you engaged in any other activities prohibited by law or that compromises the integrity of Molly Mariss, LLC brands, reputation, intellectual property or Certifications. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

• Effects of Termination. In all events of termination of this Agreement, all rights granted to you under this Agreement and the Policies are immediately terminated. You will immediately stop identifying itself as having a Certification, cease all use of any related names or logos, and destroy any associated materials that you have received as part of your Certification. The remaining terms of the Agreement, including provision relating to definitions, intellectual property, proprietary and confidential information, equitable relief and other remedies available to the Company, assignment, modification, indemnification, no warranties, no liability, disclaimers, resale, jurisdiction and venue, governing law, attorneys fees, statute of limitations, and “additional terms” survive termination of this Agreement.

 

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Molly Mariss, LLC, its affiliates and their respective successors, directors, officers, employees, and agents from and against any and all third-party claims, demands, costs, liabilities, judgments, losses, expenses, and damages (including attorneys’ fees) arising out of, in connection with, or related to (a) your work with or use of any Company software, content, programs, materials; (b) your use of any Certification or approved name or logo in a manner which is in any way inconsistent with the terms of this Agreement; (c) the performance, promotion, sale, or distribution of your services related to a Certification; (d) your access to or use of or inability to access or inability to use the Program and related services; (e) any user postings made by you; (f) your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. In the event the Company seeks indemnification from you under this provision, the Company will promptly notify you in writing of the claim(s) brought against it for which it seeks indemnification. Molly Mariss, LLC reserves the right, at its option, to assume full control of the defense of such claim with legal counsel of its choice, in which event you will fully cooperate with the Company in asserting any available defenses and you will reimburse Molly Mariss, LLC upon demand for any judgments, settlements, and expenses reasonably incurred by the Company in defending such a claim, including, without limitation, attorney’s fees and costs.

EQUITABLE RELIEF

You agree and acknowledge that the Program materials and company intellectual property, including trade secrets, proprietary and confidential information is of a proprietary and confidential nature and that any violation of this Agreement with respect to your unauthorized use, distribution, resale, sharing or other violations cannot be reasonably or adequately compensated for exclusively in money damages and would cause immediate and irreparable injury to the Company. Accordingly, you agree that the Company is entitled to, in addition to all other rights and remedies available to it at law or in equity, an injunction restraining you and any or your agents, partners, employees, contractors or representatives from directly or indirectly committing or engaging in any act restricted by this Agreement.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.

You understand that Molly Mariss and Molly Mariss, LLC’s employees, contractors, agents and representatives are not your employees, agents, lawyers, doctors, managers, therapists, public relations or business managers, registered dieticians, financial analysts, psychotherapists or accountants. You understands that Molly Mariss, LLC has not promised to, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for you; (2) perform any business management functions including but not limited to, administrative work, computer programming accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for you; (6) introduce you to Molly Mariss, LLC’s full network of contacts, media partners or business partners. You understand that a relationship does not exist between the parties after the conclusion of this Program. If the Parties continue their relationship, a separate agreement will be required.

EARNINGS DISCLAIMER

Every effort has been made to accurately represent our programs and the educational value they provide.

This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, Instagram or any other social media platform, nor have they been reviewed tested or certified by Facebook, Instagram or any other social media platform

There is no guarantee that you will earn any money using the techniques and ideas in these materials. When we present revenue and sales figures in the Program, on our website and our other channels, we are showcasing exceptional results, which do not reflect the average experience.

You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. Running a business carries risks, and your use of any information contained in this Program or on our website is as at your own risk. We provide content without any express or implied warranties or guarantees of any kind.

By continuing to use our websites and access our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.

PRODUCT DESCRIPTIONS
Molly Mariss, LLC (“the Company”) does not warrant that the product descriptions or photographic/video representations are accurate, complete, reliable, current, or error-free.  Products displayed on the Site are available only while supplies last or while the programs are available. The particular technical specifications and settings of your computer and its display could affect your experience accessing the materials on the Site. For any physical products, the accuracy of its display of the colors of products offered on the Site. The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company may make improvements and/or changes in the Program at any time.

RISK OF LOSS
If applicable, all shipments of physical products purchased from the Company are accomplished pursuant to a direct shipment from a supplier in accordance with the supplier's shipping contract. Unless otherwise specifically stated by the supplier, this means that the risk of loss and title for such products pass to you upon delivery of the Product to the carrier.

RESALE
The Company sells its Products to customers for non-commercial use. Unless specifically stated otherwise with regard to a particular Product, you may not resell the Product or Program or sell your login credentials or access to any portion of the Program, including screen recordings, audio recordings or screenshots.

 

NO WARRANTY; LIABILITY DISCLAIMER
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, we and our suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

MOLLY MARISS, LLC DOES NOT GUARANTEE YOUR SATISFACTION WITH, AND MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING, ANY CERTIFICATION OR THE BENEFITS THAT IT MAY PROVIDE YOU. YOU HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS THAT MIGHT OTHERWISE BE IMPLIED BY LAW.

LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOLLY MARISS, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO ACCESS TO AND PARTICIPATION IN THE PROGRAM, OR ARISING OUT OF THE CERTIFICATIONS, FAILURE TO ACHIEVE A CERTIFICATION, OR USE OF OR INABILITY TO USE THE NAMES OR LOGOS OR ANY OTHER BENEFIT OF CERTIFICATION. THIS EXCLUSION WILL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT MOLLY MARISS, LLC AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR COSTS OR DAMAGES OF ANY SORT RESULTING FROM (A) THE TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS, AND (B) YOUR SUSPENSION FROM OR CANCELLATION OF ANY CERTIFICATION.

THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. THE COMPANY WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, OR STATUTORY DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY YOU FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THESE PURCHASE TERMS GIVING RISE TO SUCH LIABILITY.

 

In other words, you agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. 

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, for errors or omissions that may appear in any of the program materials, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived or purchased from the Web Site to either a foreign national or a foreign destination in violation of such laws.

JURISDICTION, VENUE, STATUTE OF LIMITATIONS
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program, in an acknowledgement that there is no refund available to you for any reason, and the Company provides no guarantees or warranties for this Program, per the terms of this Agreement. This Agreement shall be governed by the laws of the State of Wisconsin, USA, without reference to its conflicts of laws principles. You agree that any action at law or in equity arising out of or relating to the Program that the Company brings against you will be filed exclusively in the state or federal courts located in Jefferson County, State of Wisconsin, and you hereby consent and submit to the personal jurisdiction of such courts.

You agree that regardless of any law or statute to the contrary, any claim or cause of action you might have arising out of or relating to this Agreement and the Program must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.

CHANGES
Molly Mariss, LLC reserves the right to cancel or discontinue any Certification, or to change any of the Policies, at any time. Molly Mariss, LLC will notify you of changes by posting them on the Certification Website. You are responsible for checking the Certification Website regularly for changes. Changes are effective on the date the changes are posted. You agree to comply with the most current version of this Agreement, the Policies, and any other applicable requirements.

ADDITIONAL TERMS
If any provision of this Agreement is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Agreement, and any part of such provision not held invalid or unenforceable shall remain in effect.

If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Agreement, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified.

Notwithstanding anything herein to the contrary, all provisions regarding intellectual property, proprietary and confidential information, and all limited warranty and limitation of liability provisions shall survive the termination of this Agreement.

The provisions of this Agreement will inure to the benefit of and be binding upon the Company and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.

THE COMPANY’S FAILURE TO ENFORCE ANY PROVISION OF THE PURCHASE TERMS OR TO ACT WITH RESPECT TO A BREACH OF THE PURCHASE TERMS BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF THE COMPANY’S RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF THE COMPANY’S RIGHT TO ENFORCE SUCH PROVISION.

INTEGRATION

This Agreement (including the Policies) is the entire agreement between you and Molly Mariss Integrator with respect to the Certifications, and supersedes any previous communications, representations, understandings, and agreements, either oral or written.

 

ELECTRONIC SIGNATURE:

By checking the box in our shopping cart or by accessing our Program website or commencing our Certification training program, you indicate that you agree with and agree to be bound to the terms of this Agreement.