Terms and Conditions
Last Updated: January 18, 2025
These Terms and Conditions (the “Agreement”) apply to your use of www.marniematon.com (the “Website”) and all services provided by Marnie Maton (“we,” “us,” and “our”). Services include, but are not limited to, free and paid workshops, speaking engagements, event bookings, blog posts, and both digital and non-digital products (collectively, the “Services”). By visiting our Website or using our Services, you agree to the terms of this Agreement.
This Agreement may be updated from time to time without prior notice to you. Your continued use of the Website or Services constitutes your acceptance of such changes to the Agreement.
When using the Website or Services, you will be subject to any posted policies, guidelines, or rules. You agree that, except as otherwise provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
1. Who Can Use This Website. Our Website and Services are intended for individuals aged 18 or older. If you are under 18, please do not use this Website.
2. Using the Website and Services. You may use the Website or Services only for the purposes outlined in this Agreement. By using the Website or Services, you confirm that you will not engage in any unlawful, offensive, or prohibited activities. You agree not to use the Website or Services in a way that could harm the Website, Services, or us. We reserve the right to refuse Services or access to the Website to anyone who violates the terms of this Agreement.
Prohibited activities include, but are not limited to:
a. Harassing, abusing, threatening others, or violating anyone’s legal rights;
b. Violating Intellectual Property rights, as defined in “Intellectual Property,” of ours or any third-party;
c. Uploading or spreading computer viruses or harmful software;
d. Engaging in fraudulent or deceptive practices;
e. Sharing obscene, defamatory content, or otherwise objectionable content
f. Promoting violence, hate, or discrimination, and
g. Collecting personal information about others without their permission.
3. Workshops and Speaking Engagements
3.1. Events. We offer events such as workshops and speaking engagements. Event details - topics, fees, and schedules – are listed on our Website. To participate in these events, you will need to register for each event. Paid events require payment of the specified fee at the time of registration. We may cancel, reschedule, or modify these events at our sole discretion. If we cancel a paid event, you will receive a full refund. Spaces may be limited and are allocated on a first-come, first-served basis. Please notify us as soon as possible if you need to cancel your registration to a free event so others may attend.
3.2. Event Bookings. You may also book a speaker for customized workshops or speaking engagements. These event bookings may be free or paid, depending on the agreement made during the booking process. If you are interested in booking a customized workshop or a speaking engagement, please contact us directly. Details, including pricing (if applicable), topics, duration, and other requirements, will be discussed and confirmed during the booking process. Additional terms may apply and will be provided at the time of booking. All event bookings are subject to availability.
3.3. Fees. Unless explicitly stated otherwise in this Agreement, you agree to pay the price listed at the time of registration or booking, including any applicable taxes. All sales are final and non-refundable unless otherwise stated in this Agreement.
3.4. Virtual Events. Workshops and speaking engagements may be conducted using a third-party platform. By participating, you agree to comply with the terms and conditions and privacy policies of the platform used. We are not responsible for any issues that arise from the use of these platforms.
You are responsible for making sure you have the necessary technology, internet connection, and software to access a virtual event. We are not liable for any issues caused by technical difficulties on your end.
We cannot guarantee uninterrupted access to virtual events due to unforeseen technical issues. In such cases, we will make reasonable efforts to provide a resolution, such as rescheduling.
Virtual events may be recorded for internal purposes or to share with participants who missed the live session. You will be notified in advance if the session is being recorded. By participating, you consent to being recorded if your audio, video, or chat contributions are captured. If you do not wish to be recorded, please disable your camera and microphone or refrain from participating. You may not record or distribute recordings of an event without prior written permission.
Participants are expected to act respectfully and professionally during all workshops and speaking engagements. Any behavior that is disruptive, inappropriate, or in violation of this Agreement will not be tolerated. We reserve the right to remove or block any participant from an event, free or paid, without notice or refund if their conduct is deemed unacceptable in our sole discretion.
4. Payment.
4.1. Processing and Payment. We use third-party electronic payment processors (“Payment Processors”) to process payments. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processors as well as this Agreement. When you make a purchase, you agree to pay us through the Payment Processor and authorize us, through the Payment Processor, to charge your chosen payment provider. You also agree that we are not liable for any loss caused by any unauthorized use of credit cards or other methods of payment by a third party in connection with your use of the Services.
4.2. No Chargebacks. Chargebacks are not permitted. If a chargeback occurs, we reserve the right to take legal action to recover the amount of the chargeback plus an additional 50% of the chargeback amount or the maximum allowed by applicable state law. You will be responsible for all legal fees and costs incurred by us in pursuing this action, regardless of the outcome.
5. Disclaimers.
5.1. The information provided by the Website or the Services is for informational and educational purposes only. We make no guarantees about the information or recommendations provided to you nor guarantee the outcome of following the recommendations provided. Any testimonials, earnings, or examples shown through the Website or Services are only examples of what may be possible for you. You are responsible for using your own personal judgement when applying the information provided on the Website or in the Services to your personal circumstances. There can be no assurance as to any particular outcome based on the use of our Website or Services. You also understand that any information presented by us is meant to be general, illustrative, and is provided “as-is.”
6. Third Party Links and Content. We may post links to third-party websites, advertisers, special offers, or other services that are not owned or controlled by us. You agree that we are not responsible or liable for any loss or damage caused by your use of any third-party services on our Website or Services. These links are provided for convenience and do not reflect an endorsement by us, unless otherwise indicated[AR1] , and we are not responsible for the content associated with the site. We make no representation or promises with respect to the site and your use of such sites is at your own risk.
7. We may offer goods or services for sale on the Website or allow third parties to do so. While we strive to provide accurate information about the products and services, including descriptions and images, we cannot guarantee the accuracy or reliability of this information. By making a purchase through the Website, you acknowledge and agree that you do so at your own risk.
8. Intellectual Property. Our Website and Services, contain intellectual property owned by us including, but not limited to, copyrights, proprietary information, and other intellectual property as well as our name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof ("Intellectual Property") and are exclusively owned by us. We retain all copyright rights, Intellectual Property rights, proprietary rights, and rights to any other data or material used or subsisting in any documents that we may specifically create as part of the Services. All ownership rights of Intellectual Property related to the Website and Services remain with us and you may not use, modify, reproduce, or distribute Intellectual Property in any way without our express written consent.
9. License. We may provide you with certain materials and information during your use of the Website or Services, including, documentation, data, or other resources created by the us to assist in your experience of the Website or Services (collectively referred to as "Our Materials"). Under this Agreement, we grant you a single-use, non-exclusive, limited, non-transferable, and revocable license (“License”) to access, view, and use the content provided on the Website or Services for personal use, unless otherwise agreed upon in writing. You may download or print a copy of Our Materials only in connection with your use of the Website or Services. This License is strictly for your individual use and will terminate if you stop using the Website or Services or if this Agreement is terminated.
10. Indemnification. You agree to defend, indemnify, and hold us and our affiliates harmless from any legal claims, demands, and expenses (including reasonable attorneys’ fees, arbitration fees, and other litigation fees) that may arise from your use or misuse of the Website or Services, your breach of this Agreement, or your actions. In the event of a breach of this Agreement, you acknowledge that monetary damages may not be enough to address the harm caused. As such, we may seek additional remedies, such as injunctive or equitable relief, to resolve the issue. We reserve the right to choose our own legal counsel and to participate in our defense, should it become necessary.
THIS SECTION STATES THE ENTIRE OBLIGATION AND THE EXCLUSIVE REMEDIES WITH RESPECT TO THE PARTIES' INDEMNIFICATION OBLIGATIONS UNDERTHIS AGREEMENT.
11. No Warranties and Limited Liability. You acknowledge that your use of the Website and Services is entirely at your own risk. All Services we provide are on an "as is" basis without any guarantees. We disclaim all warranties, whether express or implied, including but not limited to warranties or merchantability, fitness for a particular purpose, or suitability for your needs. We make no guarantees that the Website or Services will be uninterrupted, error-free, or secure, nor can we guarantee the reliability or accuracy of any information on the Website or obtained through the Services.
12. LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOST BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, AND COSTS OF COVER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. SUBJECT TO THE OBLIGATION TO PAY THE FEES DUE, IN NO EVENT SHALL MARNIE MATON’S CUMULATIVE LIAIBLITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICES YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU, MARNIE MATON’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100. THIS SECTION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.
NO ACTION WILL BE BROUGHT FOR ANY CLAIM RELATING TO OR ARISING OUT OF THIS AGREEMENT MORE THAN ONE (1) YEAR AFTER THE DATE OF SUCH CAUSE OF ACTION, EXCEPT FOR MONEY DUE ON AN OPEN ACCOUNT.
13. Governing Law and Disputes. If a dispute arises related to this Agreement, we will first try and resolve it with you in good faith. If a resolution is not reached, the dispute will be resolved through binding arbitration in Los Angeles County, California under the laws of the state of California.
14. Arbitration. Any claim arising out of or related in any manner to this Agreement which cannot be amicably resolved shall be solely and finally settled by arbitration administered by the American Arbitration Association ("AAA") in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Los Angeles County, California. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrators shall be in writing with written findings of fact and shall be final and binding. The arbitrator shall be empowered to award money damages, but shall not be empowered to award consequential damages, indirect damages, incidental damages, special damages, exemplary, or punitive damages. This Section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to this Agreement, except that you may seek a preliminary injunction or other injunctive relief in any court of competent jurisdiction if in its reasonable judgment such action is necessary to avoid irreparable harm.
15. Recovery of Litigation Expenses. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
16. Required Disclosures. We may disclose information, including personally identifiable information, when required by law, regulation, legal process, or government request. We reserve the right to fully cooperate with any law enforcement authorities and court orders that require us to provide information about individuals who may have shared materials that violate this Agreement.
BY ACCEPTING THIS AGREEMENT, YOU WAIVE ALL RIGHTS AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR ANY LAW ENFORCEMENT OR REGULATORY AUTHORITIES.
17. General Provisions.
17.1. You may not assign, transfer, or delegate this Agreement, in whole or in part, without our prior written consent.
17.2. If any part of this Agreement is found to be invalid or unenforceable by a court or arbitrator, the remaining portions shall still apply to the maximum extent permissible by law. Any waiver of a right or provision of this Agreement must be in writing and signed by an authorized representative to be valid.
[AR1]Incentivized endorsements must be clearly disclosed in a prominent location where the endorsement appears (e.g., "sponsored by")