TERMS OF USE

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES OR SERVICES.

Marci Lock Enterprises operates this website, and other health, fitness, mind and body websites (hereinafter referred to as the “Sites”) and the services related to or offered on the Sites (hereinafter referred to as the “Services”). Marci Lock Enterprises services may include, without limitation, products, services, tools, applications, bulletin and message boards, social media, chat groups, communities, calendars, news groups, forums, email services, downloadable mobile applications related to the Sites or provided through the Sites. The Terms of Use apply and govern your use of any of the Sites or Services provided by Marci Lock Enterprises. By using Sites and/or Services you agree to be legally bound and abide by these Terms of Use, just as if you had signed this agreement. If you do not agree to be bound by these Terms of Use at any time, you may NOT access or use the Sites and/or Services. If you do not comply with these Terms of Use at any time, we reserve the right, if applicable, to terminate your membership, password, user account, and/or access to Sites and/or Services. You agree that we may immediately deactivate or delete your user account and all related information and files, and/or deny any and all further access to such information and/or files, on our Sites or Services. You agree that any termination or cancellation of your access or use of, the Sites or Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Sites and/or Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Sites or Services, including, but not limited to, (i) restricting the time the Sites or Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Sites and/or Services. In addition, certain areas of the Sites or Services may be subject to additional terms of use that we make available for your review in connection with specific content, activities, features or events and shall be identified as such. By using such areas, or any part thereof, you are expressly indicating that you understand and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such areas conflict with these Terms of Use, the additional terms will control.

1. This Site does NOT Provide Medical Advice. It is for Informational Purposes Only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. You should always consult with a physician or other health care professional if you have any questions or concerns about your health and/or the content that is contained on the Sites or Services. Do not disregard, avoid or delay obtaining medical or health related advice from your physician or health care professional because of something you may have read on the Site or through the Services. The use of any information provided on the Sites or through the Services is solely AT YOUR OWN RISK. Nothing stated or posted on the Sites or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, fitness and nutrition coaching or providing health care counseling or treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the information discussed on the Sites or through the Services, and there is no assurance that the information contained in Sites or through Services will include the most recent facts or development with respect to the particular material. Use or access of the Sites and/or Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not endorse, recommend or represent any specific physicians, clinics, tests, procedures, opinions, products or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site or through the Services, our employees, or guests or visitors to the Sites, you do so solely AT YOUR OWN RISK.

2. Parental or Guardian Permission. Children under the age of 13 are NOT PERMITTED to use Sites or Services.

3. User Obligations. You agree to abide by all applicable local, state, federal, national and international laws and regulations with respect to your use of the Sites and Services. You agree that your use of the Internet and access to the Sites is solely at your own risk. Accordingly, Marci Lock Enterprises is not responsible for the security of any information transmitted to or from the Sites.

4. License and Site Access. Marci Lock Enterprises grants you a personal, non-commercial, limited, revocable, non-exclusive, royalty-free, non-transferable license to use and access the Sites and/or Services, provided that you are in full compliance with this Terms of Use Agreement.

5. Membership Accounts, Passwords, Security. You are entirely responsible for maintaining the security and confidentiality of your membership account and password and accept responsibility for any and all activities and conduct, whether by you or anyone else that occur or are conducted through your account. Marci Lock Enterprises reserves the right to refuse service, remove or edit content, cancel orders or prohibit or terminate use of or access to the Sites and/or Services at any time, without notice, for any reason. Memberships are non-transferable. You agree to (a) maintain all equipment necessary for your access to and use of the Site and/or Services; (b) maintain the security of your user identification, password, Personal Information (as defined in our Website Privacy Policy), and any other confidential information relating to your Marci Lock membership account; (c) take responsibility for all charges resulting from use of your Marci Lock account, including unauthorized use prior to your notifying Marci Lock Enterprises of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password; and (d) update your Personal Information (as defined in our Website Privacy Policy), including email address, as appropriate. If you are given a promotional code you may only use it once. After the promotion terminates, you will be required to subscribe to the Website. Marci Lock Enterprises reserves the right to terminate any account that is using or trying to use more than 1 promotion. If membership is terminated due to a violation of this Agreement, Marci Lock Enterprises will not reimburse Member for the remainder of paid month. Nor will reimbursements be made for membership cancellations prior to monthly renewal date. Memberships are billed monthly. All memberships are renewed automatically until canceled. Members may cancel their membership at any time. Memberships must be canceled 3 days prior to the renewal date in order to end membership charges. At times, special pre-paid membership packages may be available for purchase. Special pre-paid memberships will be recurring and may renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.

6. Prohibited Activity and Restricted Use of Materials. You acknowledge and agree that the Sites and Services contain proprietary and confidential information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”), that is protected by applicable intellectual property and other laws, and are the sole property of Marci Lock Enterprises, or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Sites and/or Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Sites or Services; 2. Access the Sites or Services by any means other than through industry accepted standards or Marci Lock Enterprises provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary information, designations or labels; 5. Violate any applicable local, state, federal, national or international law, rule or regulation or use the Sites and/or Services for any purpose that is prohibited by these Terms of Use; Manipulate or otherwise display the Sites and/or Services by using framing or similar navigational technology; 6. Register, subscribe or unsubscribe any party for any Marci Lock Enterprises product or service; 7. Use the Sites and/or Services in any manner that could damage, disable, overburden or impair servers, networks, or another user’s use of the Sites and/or Services; 8. Gain or attempt to gain unauthorized access to any of the Sites, Services, accounts, networks, through hacking, or any use of data mining, robots, or similar data gathering and extraction tools, or any other means; 9. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or Services or harvest or otherwise collect information about other users without their consent; 10. Use the Sites or Services in any manner that could damage, disparage, or otherwise negatively impact Marci Lock Enterprises; 11. It is strictly prohibited to copy, reproduce, any services, programs, products, information or materials provided by Marci Lock Enterprises to any other server or location for further reproduction or redistribution.

7. Privacy. Review the Privacy Policy here and is incorporated by reference into these Terms of Use. By accessing the Sites and/or Services, you agree that you are accepting our privacy policy.

8. Online Conduct. You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Users of our Website understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website. In addition to the prohibited activities described above, when posting information and media on the Sites or through the Services, You agree not to: a. Post statements or materials that are libelous or defame, harass, abuse, stalk, threaten, intimidate or in any way infringe on the rights of others; b. Post of upload personal information, pictures, videos or any other media of another person without their express permission or delete or revise any material posted by any other person or entity; c. Post statements or materials that are bigoted, hateful, racially offensive, vulgar, obscene, pornographic, profane, or otherwise objectionable, including language or images that typically would not be considered socially or professionally responsible or appropriate in person; d. Post statements or materials that violate other contractual or fiduciary rights, duties or agreements; e. Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction; f. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor; g. Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of Marci Lock Enterprises, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Marci Lock Enterprises, or our affiliates or any other person or entity; h. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website; i. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); j. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party; k. Post statements or material that constitute junk mail, spam, any unsolicited or unauthorized advertising or promotional materials, including, without limitation, any other form of commercial solicitation or political campaigning; l. Post anything that interferes with or disrupts the Sites or the operation thereof, including files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation or another’s computer, network or the Sites; m. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website; n. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; o. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or access or attempt to access another user’s account without his or her consent; Your privilege to use the Sites and/or Services and contribute to discussions on the Community Areas depends on your compliance with the online conduct guidelines set forth above. We may revoke your privileges to use all or a portion of the Sites and/or take any other appropriate measures to enforce these online conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to the online conduct guidelines, or any of these Terms of Use, we may terminate, in our sole discretion, your use of, or participation in, any portion of Sites or Services. Except as may otherwise be provided in our Privacy Policy, all Community Area communications, including, but not limited to, chat, message board, blog, groups, and profile communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Sites (including any Community Area) for adherence to the online conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute Postings in the Community Areas, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities in any Community Area, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review content prior to the content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Sites, and we are not liable for any loss you incur in the event that content you post or transmit to our Sites has been removed. We will cooperate with law enforcement or a court order requesting or directing us to disclose the identity of you, or anyone, posting any information or material prohibited by these Terms of Use. We may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Marci Lock Enterprises, its affiliates, or the public.

9. Third-Party Content. The Sites or Services contain information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Marci Lock Enterprises are those of the respective authors or distributors. Neither Marci Lock Enterprise nor any third party, including any Provider, or any User of the Sites, guarantees the accuracy, completeness, or usefulness of any Content for any particular purpose. Marci Lock Enterprises neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on any of the Sites or Services by anyone other than authorized Marci Lock Enterprise’s representative while acting in his/her official capacity. Under no circumstances shall Marci Lock Enterprises be liable for any loss, damage or harm caused by a User’s reliance on information obtained through any of the Sites or Services. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through any of the Sites or Services.

10. Links to Other Sites. The Sites or Services may reference or link to third-party sites throughout the World Wide Web. Marci Lock Enterprises has no control over these third-party sites or the content within them. Marci Lock Enterprises cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Marci Lock Enterprises does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Marci Lock Enterprises does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using any of the Sites or Services to search for or link to another third-party site, you agree and understand that you may not make any claim against Marci Lock Enterprises, directly or indirectly, for any damage or loss, whatsoever, resulting or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.

11. Copyrights. All materials and contents contained in any of the Sites or Services (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Sites themselves, are copyrighted materials belonging exclusively to Marci Lock Enterprises or its content suppliers and are protected by United States and international copyright law. Marci Lock Enterprises enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.

12. Trademarks. MARCILOCK and “M” SYMBOL, and the related logos and other marks indicated on our Sites are the exclusive property and trademarks of Marci Lock Enterprises. Marci Lock Enterprises reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43).

13. Disclaimer of Warranties. THE SITES AND SERVICES, AND ANY PRODUCTS, OFFERINGS, CONTENT, TOOLS AND MATERIALS DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED “AS IS”. “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER MARCI LOCK ENTERPRISES, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT SITES OR SERVICES OR ANY FUNCTION CONTAINED IN SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SITES AND SERVICES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. NEITHER MARCI LOCK ENTERPRISES, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THE SITES AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH ANY OF THE SITES OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARCI LOCK ENTERPRISES NOR IT’S AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITES OR SERVICES, OR ANY WEBSITE OR WEBSITES LINKED TO THE SITES OR SERVICES, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES OR SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE SITES OR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITES OR SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

15. Indemnification. You agree to indemnify, defend and hold Marci Lock Enterprises and it’s affiliates, licensors, subsidiaries, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including, but not limited to, reasonable attorney’s fees and disbursements) which arise directly or indirectly out of or from improper use of the Sites or Services, violation of the Terms of Use, or your infringement or violation or use by any other user on your account, of any copyright, trademark, trade secrets, or other intellectual property, or other right of any person or entity.

16. Governing Law. The Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Sites and/or Services or these Terms of Use shall be filed only in the state or federal courts located in Davis County in the State of Utah and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

17. International Users. Marci Lock Enterprises makes no representation or warranty that the content and materials on the Sites or Services are appropriate or available for use outside the United States. Those who choose to access the Sites and or Services from other locations do so at their own risk and initiative and are responsible for compliance with the local laws, if and to the extent applicable. Marci Lock Enterprises reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Sites and/or Services to any person, geographic region or jurisdiction we so desire, and to limit the quantities of any such service or product that we provide.

18. Termination. Notwithstanding any of the Terms of Use, Marci Lock Enterprises reserves the right, without notice and in its sole discretion, for any or no reason, to terminate your ability to use the Sites and/or Services. You agree that Marci Lock Enterprises shall not be liable for any termination of your account (in whole or in part).

19. Miscellaneous Terms. Marci Lock Enterprises reserves the right to make changes to the Website, these policies, and these Terms of Use at any time, effective immediately upon the posting on the Sites. Please check these Terms of Use periodically. In addition, these Terms of Use may be modified only by our posting of changes to these Terms of Use on the Sites, or by signed, written agreement of both parties. Each time you access the Sites and/or Services, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under the Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.