Effective date : 30th march, 2021
The terms “we”, “us”, and “our” refer to Marque de Fabrique, its affiliated subsidiaries and related entities (“Company”).
The terms “Site(s)” refers to https://marquedefabrique.systeme.io/us and https://marquedefabrique.com/ (“Site(s)”).
On the Site, we provide information, services and coaching (“Service(s)”).
The term “user”, “customer”, “you”, and “your” refers to visitors, users and customers of the Site and/or Service.
2. USE OF THE SITE AND SERVICE
The Services are offered and available to users who are at least 18 years of age or older.
By using these Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
3. LAWFUL PURPOSES
You may use the Site and/or Service for lawful purposes only.
You agree to be financially responsible for all purchases made by you.
You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only.
You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
4. THIRD PARTY WEBSITE AND RESOURCES
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
5. COMPANY SOCIAL MEDIA PLATFORMS AND RELATED PAGES
As noted above, as a feature of the Services, Company may provide a community or social media platform in conjunction with the Services, including a Facebook profile, an Instagram and a Twitter account. Your use of the Services is additionally subject to the terms and conditions of such Third Party Platforms, which may change from time to time.
The company is not required to provide notice and reserves all rights to take immediate and appropriate action to protect the Marque de Fabrique brand and image as it sees fit. As noted above, You understand and agree that your comments in connection with such Third Party Platforms are public, as well as owned and controlled by Company, which means Company can use the comments in any way on all Company Services, including without limitation, liking, retweeting, excerpting, or otherwise featuring the comments in whole or in part.
6. REFUSAL OF SERVICE
We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.
The Company may share the successful results of its users or customers on the Site and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind.
By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.
8. ERRORS, INACCURACIES, AND OMMISIONS
Information provided on the Site and/or Service is subject to change.
Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information.
9. OUR INTELLECTUAL PROPERTY
The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.”
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.
10. LIMITATION OF LIABILITY
To the extent permitted by law, we will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
You agree that any claim you may have arising out of or related to your relationship with Company must be filed within six (6) months after such claim arose; otherwise, your claim is permanently barred. This provision expressly survives the termination of your relationship with the Company.
12. GOVERNING LAW
You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the French State and will specifically not be governed by the United Nations conventions or contracts for the international sales of goods, if otherwise applicable.
13. DISPUTE RESOLUTION
Please contact us at: hello[at]marquedefabrique. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by agreeing to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Bordeaux, France.
Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within 60 days after it is referred to the mediator, any party may take the matter to court.
If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
14. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, 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.
15. EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
16. ENTIRE AGREEMENT
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.
You agree that disputes between you and company will be resolved by binding, individual arbirtration and you waive your right to participate in a class action lawsuit or class-wide arbitration.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
21. CHANGED TERMS
We reserve the right to update any portion of our Site and/or Service, including these Terms at any time, with or without notice to users. Such amendments are effective immediately. Any user who continues to use the service after any changes are made will be deemed to have agreed to those changes. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.
22. HOW TO CONTACT US
If you have any questions about this Terms of Service, please contact us at: hello[at]marquedefabrique