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Terms of Use

Effective Date: July 27, 2024

These Terms of Use (“Terms”) govern your access to and use of the website marionduboy.com (the “Website”) and all related services, content, and features offered by MD Analytics, Inc. (“MD Analytics,” “we,” “us,” or “our”) (collectively, the “Services”).

Please read these Terms carefully before using the Services. By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you disagree with any part of the Terms, then you may not access the Services.

1. Use of Services

  1. Eligibility: You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into these Terms.
  2. Account Responsibility: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
  3. Prohibited Conduct: You agree not to:
    • Use the Services for any illegal or unauthorized purpose.
    • Violate any local, state, national, or international law or regulation.
    • Infringe upon the intellectual property rights of MD Analytics or any third party.
    • Upload, transmit, or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
    • Impersonate any person or entity, including, but not limited to, a MD Analytics representative, or falsely state or misrepresent your affiliation with a person or entity.
    • Interfere with or disrupt the Services or servers or networks connected to the Services.
    • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted on the Services.
    • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
    • Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
    • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Services.

2. Intellectual Property Rights

  1. Ownership: The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by MD Analytics, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  2. Limited License: MD Analytics grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own personal, non-commercial use. This license does not include any right to:
    • Resell or commercially use the Services or its contents.
    • Download or copy account information for the benefit of another merchant.
    • Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MD Analytics without express written consent.
    • Use any meta tags or any other “hidden text” utilizing MD Analytics’s name or trademarks without the express written consent of MD Analytics.
  3. Copyright Infringement: If you believe that any content on the Services infringes upon your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement.

3. Payment and Refund Policy

  1. Payment: Payment for Services is due at the time of purchase. We accept the following forms of payment: [List accepted payment methods, e.g., credit cards, PayPal].
  2. Subscriptions: Some Services may be offered on a subscription basis. By subscribing to a Service, you authorize MD Analytics to charge your chosen payment method on a recurring basis for the subscription fee.
  3. Refunds: All sales of Services are final. We do not offer refunds except in our sole discretion.
  4. Price Changes: MD Analytics reserves the right to change the fees for any Service or charge for any Service which was previously free, at any time, upon notice to you.

4. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. MD ANALYTICS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MD ANALYTICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MD ANALYTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MD ANALYTICS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF MD ANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Indemnification

You agree to defend, indemnify, and hold harmless MD Analytics, its officers, directors, employees, agents, licensors, contractors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your user content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

7. Termination

We may terminate your access to the Services, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. We may also terminate your access for situations that include, but are not limited to, a violation of these Terms or any other posted site rules. 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. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.

9. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Miami, Florida.

10. Changes to These Terms

We may update our Terms of Use from time to time. If we make material changes, we will notify you by email (if you have provided your email address), by posting a notice on our Website, or by other means as required by applicable law. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the Terms.

11. Waiver and Severability

No waiver by MD Analytics of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MD Analytics to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12. Entire Agreement

The Terms constitute the sole and entire agreement between you and MD Analytics with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

13. Contact Us

If you have any questions about these Terms, please contact us at:

Privacy Agent
MD Analytics, Inc.
722 Collins Hill RD STE H-111
Lawrenceville, GA 30046-4118

or Contact Us Online

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