The following terms and conditions (hereinafter “Agreement”) apply to the registration for The MamaBear Network an marketing and automation platform by a User on the website located at www.themamabearnetwork.com and all associated platforms therewith (hereinafter “Website”). As a condition of using the Website to market products, services, you, as the Software User, must accept the following written Agreement, prior to using The MamaBear Network Software application.
Parties: The parties to this Agreement are you, the User (hereinafter “User; you”) and MamaBear Tickets LLC, a Florida-based marketing firm. (hereinafter “MamaBear; we; us”).
Scope: The scope of this Agreement shall cover the User’s interactions with the Website.
Jurisdiction: This Agreement and associated use of the Website shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in accordance with the terms set forth herein, or, in the absence of such terms, in the state and federal courts located in Putman County,, Florida. You, as User, do hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts in any suit, action or proceeding arising out of this Agreement.
Statute of Limitations: Any cause of action by User with respect to this Agreement must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Dispute Resolution: If a dispute arising from this Agreement should arise, the parties agree to use alternative means of dispute resolution (mediation, arbitration, etc) before filing a grievance with a court of proper jurisdiction in a manner outlined in this Agreement. Should no such outline exist, the recommended practices of the Florida Office of Dispute Resolution shall be used as guidelines.
Severability: If any provision of this Policy shall be deemed unlawful, void or for any reason unenforceable, then that provision shall not affect the validity and enforceability of any other provisions. Furthermore, a new provision shall automatically be deemed added to this Policy in lieu of such illegal, invalid or unenforceable provision, which new provision shall be as similar in terms to such illegal, invalid or unenforceable provision as is possible with the new provision still being legal, valid and enforceable. MamaBear’s failure to enforce any provision of this Policy shall not be deemed a waiver of such provision nor of the right to enforce such provision in the future. No waiver by MamaBear of any provision of this Policy shall be effective unless in writing.
Changes to this Agreement: MamaBear may change this Agreement from time to time and in any manner in MamaBear’s sole and absolute discretion. Any such change shall be effective immediately upon the posting of the amended Agreement on the Website, and no notice of any such change shall be required for such amended Agreement to be effective.
Non-exclusive License: MamaBear hereby grants User a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use Website. The following actions are not permitted under this license and will be grounds for revocation of User use license:
Copy, modify, reproduce, translate or otherwise create any derivative works based on any part of the Website, including but not limited to, MamaBear’s intellectual property including trademarks and copyrights.
Reverse engineer, disassemble, or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Website, except to the extent that such restrictions conflict with local, state or national laws; Rent, lease, resell, distribute or otherwise exploit the Website for commercial purposes; or Engage in activities that interfere or disrupt the Website.
Browsing the website and searching for, registering or purchasing tickets or making donations to an event that is registered on the Website.
User shall not him or herself or allow anyone else to directly or indirectly:The Website reserves any and all rights not expressly granted in these Terms.
Account Registrations: User will create an account, to be managed by the User in order to use the services provided by the Website. User will provide accurate, complete and verifiable information about her or himself, or, if acting on behalf of another legal entity, to provide accurate, complete and verifiable information about said entity and to keep such information updated in the Website’s database should any required information (address, phone, etc) change. In the event there is a dispute between two account owners as to who is the true owner of said account, MamaBear shall act as the sole arbitrator of such a dispute and MamaBears decision shall be deemed as binding on all parties. MamaBear reserves the right to terminate any account in its role as arbitrator.
Account Security: User is responsible for maintaining the confidentiality of his or her account password and other information and is responsible for any and all activities that occur while logged into the account. Such responsibility shall include actions by sub-registered users and other users authorized to use the services associated with the Website.
User Verification: MamaBear reserves the right to verify any and all Users. Some forms of verification may include, but are not limited to: requesting copies of identification and business records of the User; requesting written documentation.
Fees: Creating an account on the Website has a monthly recurring charge of $59.00.
Age Restrictions: In order to register as a User, you must be: at least eighteen years of age, or the legal age of the majority where you reside; or, if between the ages of thirteen and seventeen, with the permission and guidance of a parent or legal guardian. Children under the age of thirteen are not allowed to register as Users.
Sub-domains: MamaBear may provide User with the right to use a sub-domain within the Website for items for sale. . All such sub-domains are the sole property of MamaBear and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. All sub-domains shall only remain active so long as the User is actively Sell goods or services on MamaBear.
Right to Modify: MamaBear does do not guarantee any set of product features or functionality and reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Website for any reason. In such event there will be no refunds to Users for fees already collected, as MamaBear is only paid if the platform is used by the user.
Fraudulent or Illegal Activity: Should the User use the Website in any way that is deemed illegal, fraudulent, tortious, or otherwise damaging to MamaBear, he or she will be prosecuted to the fullest extent of the Law.
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