MARIBO CARES TERMS OF USE - Maribo Cares™

MARIBOCARES.ORG TERMS OF USE
The following terms and conditions govern all use of the Maribocares.org (“The Website”) and all content, services and products available at or through the Website. The Website is
owned and operated by Maribo Cares, LLC, (“Maribo Cares”). The Website is offered subject to your acceptance modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Maribo Cares’ Privacy Policy) and procedures that may be published from time to time on this Site by Maribo Cares (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Maribo Cares, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Responsibility of Contributors. If you contribute to the blog, comment on the blog,
post material to the Website, post links on the Website, or otherwise make (or
allow any third party to make) material available by means of the Website (any
such material, “Content”), You are entirely responsible for the Content of, and any
harm resulting from, that Content. That is the case regardless of whether the
Content in question constitutes text, graphics, an audio file, video file, or computer
software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have
either (i) received permission from your employer to post or make available
the Content, including but not limited to any software, or (ii) secured from
your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the
Content, and have done all things necessary to successfully pass through to
end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does
not contain unethical or unwanted commercial content designed to drive
traffic to third party sites or boost the search engine rankings of third party
sites, or to further unlawful acts (such as phishing) or mislead recipients as
to the source of the material (such as spoofing);o the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your blog is not getting advertised via unwanted electronic messages such
as spam links on newsgroups, email lists, other blogs and web sites, and
similar unsolicited promotional methods;
o your blog is not named in a manner that misleads your readers into thinking
that you are another person or company. For example, your blog’s URL or
name is not the name of a person other than yourself or company other than
your own; and
you have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by Maribo Cares or otherwise.
By submitting Content to Maribo Cares for inclusion on the Website, you grant
Maribo Cares a world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your Content. If you delete Content, Maribo Cares will
use reasonable efforts to remove it from the Website, but you acknowledge that
caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Maribo Cares has the
right (though not the obligation) to, in Maribo Cares’ sole discretion (i) refuse or
remove any Content that, in Maribo Cares’ reasonable opinion, violates any Maribo
Cares policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason, in
Maribo Cares’ sole discretion. Maribo Cares will have no obligation to provide a
refund of any amounts previously paid.

2. Responsibility of Website Visitors. Maribo Cares has not reviewed, and cannot
review, all of the material, including computer software, posted to the Website, and
cannot therefore be responsible for that material’s content, use or effects. By
operating the Website, Maribo Cares does not represent or imply that it endorses
the material there posted, or that it believes such material to be accurate, useful or
non-harmful. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also
contain material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and conditions,
stated or unstated. Maribo Cares disclaims any responsibility for any harm
resulting from the use by visitors of the Website, or from any downloading by those
visitors of Content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all
of the material, including computer software, made available through the websites
and webpages to which Maribocares.org links, and that link to Maribocares.org.

Maribo Cares does not have any control over these websites and webpages, and is
not responsible for their contents or their use. By linking to a non-Maribo Cares
website or webpage, Maribo Cares does not represent or imply that it endorses
such website or webpage. You are responsible for taking precautions as necessary
to protect yourself and your computer systems from viruses, worms, Trojan horses,
and other harmful or destructive content. Maribo Cares disclaims any
responsibility for any harm resulting from your use of non-Maribo Cares websites
and webpages.

4. Copyright Infringement and DMCA Policy. As Maribo Cares asks others to respect
its intellectual property rights, it respects the intellectual property rights of others.
If you believe that material located on or linked to by Maribocares.org violates
your copyright, you are encouraged to notify Maribo Cares in accordance
with Maribo Cares’ Digital Millennium Copyright Act (“DMCA”) Policy. Maribo
Cares will respond to all such notices, including as required or appropriate by
removing the infringing material or disabling all links to the infringing material.
Maribo Cares will terminate a visitor’s access to and use of the Website if, under
appropriate circumstances, the visitor is determined to be a repeat infringer of the
copyrights or other intellectual property rights of Maribo Cares or others. In the
case of such termination, Maribo Cares will have no obligation to provide a refund
of any amounts previously paid to Maribo Cares.

5. Intellectual Property. This Agreement does not transfer from Maribo Cares to you
any Maribo Cares or third party intellectual property, and all right, title and
interest in and to such property will remain (as between the parties) solely with
Maribo Cares. Maribo Cares, Maribocares.org, and the Maribocares.org logo, and
all other trademarks, service marks, graphics and logos used in connection with the
Website are trademarks or registered trademarks of Maribo Cares. Other
trademarks, service marks, graphics and logos used in connection with the Website
may be the trademarks of other third parties. Your use of the Website grants you
no right or license to reproduce or otherwise use any Maribo Cares or third-party
trademarks.

6. Changes. Maribo Cares reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Maribo Cares may also, in the future, offer new
services and/or features through the Website (including, the release of new tools
and resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.

7. Termination. Maribo Cares may terminate your access to all or any part of the
Website at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your Maribocares.org
account (if you have one), you may simply discontinue using the Website. Maribo
Cares can terminate the Website immediately as part of a general shut down of our
service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.

8. Disclaimer of Warranties. The Website is provided “as is”. Maribo Cares and its
suppliers and licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of merchantability, fitness for
a particular purpose and non-infringement. Neither Maribo Cares nor its suppliers
and licensors, makes any warranty that the Website will be error free or that
access thereto will be continuous or uninterrupted. You understand that you
download from, or otherwise obtain content or services through, the Website at
your own discretion and risk.

9. Limitation of Liability. In no event will Maribo Cares, or its suppliers or licensors,
be liable with respect to any subject matter of this agreement under any contract,
negligence, strict liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement for substitute
products or services; (iii) for interruption of use or loss or corruption of data; or (iv)
for any amounts that exceed the fees paid by you to Maribo Cares under this
agreement during the twelve (12) month period prior to the cause of action.
Maribo Cares shall have no liability for any failure or delay due to matters beyond
their reasonable control. The foregoing shall not apply to the extent prohibited by
applicable law.

10. General Representation and Warranty. You represent and warrant that (i) your
use of the Website will be in strict accordance with the Maribo Cares Privacy
Policy with this Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and
including all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside) and (ii) your use of the
Website will not infringe or misappropriate the intellectual property rights of any
third party.

11. Indemnification. You agree to indemnify and hold harmless Maribo Cares, its
contractors, and its licensors, and their respective directors, officers, employees
and agents from and against any and all claims and expenses, including attorneys’
fees, arising out of your use of the Website, including but not limited to your
violation of this Agreement.

12. Miscellaneous. This Agreement constitutes the entire agreement between Maribo
Cares and you concerning the subject matter hereof, and they may only be
modified by a written amendment signed by an authorized executive of Maribo
Cares, or by the posting by Maribo Cares of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to or use of
the Website will be governed by the laws of the state of California, U.S.A.,
excluding its conflict of law provisions, and the proper venue for any disputes
arising out of or relating to any of the same will be the state and federal courts
located in Orange County, California. Except for claims for injunctive or equitable
relief or claims regarding intellectual property rights (which may be brought in any
competent court without the posting of a bond), any dispute arising under this

Agreement shall be finally settled in accordance with the Comprehensive
Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”)
by three arbitrators appointed in accordance with such Rules. The arbitration shall
take place in Orange County, California, in the English language and the arbitral
decision may be enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be
construed to reflect the parties’ original intent, and the remaining portions will
remain in full force and effect. A waiver by either party of any term or condition of
this Agreement or any breach thereof, in any one instance, will not waive such term
or condition or any subsequent breach thereof. You may assign your rights under
this Agreement to any party that consents to, and agrees to be bound by, its terms
and conditions; Maribo Cares may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Maribo Cares (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Marketing Program Terms and Conditions (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent to receive such autodialed or prerecorded marketing mobile messages is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, up to 4 messages per month, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Maribo Cares, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Walpole, Massachusetts before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Maribo Cares’ principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Maribo Cares’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.