Definitions and Formatting:
Terms of Service – A.K.A. “TOS,” “Terms” or “Agreement” – are an agreement between Marshalled Makers, LLC and any party purchasing or using our Services.
Services – Any content or product provided by or managed by Marshalled Makers, LLC. These are, including without limitation, providing space on a server to host a website and domain registration.
User – Any party that uses or manages the Services.
User Website or User’s Website – The collective content that is used to create a website, including without limitation, all media, code and domain.
Hosting Account – An asset provided by Marshalled Makers, LLC that allows a registered User to manage the Services provided by Marshalled Makers and other Third Parties.
The headings herein are for convenience only and are not part of these TOS.
The following Terms of Service (“TOS,” “Terms” or “Agreement”) are an agreement between Marshalled Makers, LLC (“Marshalled Makers”, “us” or “our”) and you (“User”, “client”, “you” or “your”). These Terms set forth the general conditions of your use of the products and services (collectively, the “Services”) made available by Marshalled Makers. By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. By purchasing or using one or more Services from us, you acknowledge that you have read, understood and agree to be bound by these Terms. It is required that you read the Terms in their entirety before purchasing any Service from Marshalled Makers.
Scope of Terms:
These Terms apply to all Services provided by Marshalled to any User throughout the entire Term or Renewal Term. Use of the Services is also governed by the following policies. By using the Services, you also acknowledge that you have read and agreed to the terms of the following policies:
In addition, if you register a domain name with Marshalled Makers, then you must read and agree with the Terms set down by the Domain Registration Agreement.
Account Eligibility and Order Acceptance:
No persons under the age of eighteen (18) is permitted to purchase or use the Services. By purchasing or using the Services, you affirm that you are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized to do so by us and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind that other party to these TOS. You must agree to act on the other party’s behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is managed by a different account than the account you are managing the Services under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, current and complete at all times. Marshalled Makers is not responsible for any lapse in the Services, including but not limited to, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please input a support ticket through our Support System. Providing false contact information of any kind may result in the termination of your account and the Services. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order, in addition to those provided with a hosting package, may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Marshalled Makers also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
User Content is defined as any data and/or content uploaded, stored, published, displayed and/or through the Services, including but not limited to, text, code, photos and videos. User Content includes any content posted by you or by users of any of the User’s Website hosted through the Services. You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Marshalled Makers that you have all the necessary rights to post or distribute said User Content, and your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You may not use your hosting account as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up nightly in third party locations. Marshalled Makers reserves the right to remove any files that violate this policy under our sole discretion. User’s that violate this policy are subject to immediate suspension and/or termination.
Solely for purposes of providing the Services, you hereby grant to Marshalled Makers a non-exclusive, royalty-free, worldwide right and license to: use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Marshalled Makers does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Marshalled Makers exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through our computers, network hubs and points of presence or the Internet. Marshalled Makers does not monitor User Content. However, you acknowledge and agree that we may, but are not obligated to, immediately take any corrective action in our sole discretion, including but not limited to, removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund, if you violate the terms of this Agreement. You hereby agree that Marshalled Makers shall have no liability due to any corrective action that Marshalled Makers may take.
Marshalled Makers Content:
All content available through the Services, including but not limited to designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Marshalled Makers Content”), are the proprietary property of Marshalled Makers or our licensors. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans used by Marshalled Makers are owned by or licensed to Marshalled Makers. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store Marshalled Makers content for purposes other than using our Services, without our express prior written consent. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Marshalled Makers Content. Any use of Marshalled Makers Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Marshalled Makers Content. All rights to use Marshalled Makers Content that are not expressly granted in this Agreement are reserved by Marshalled Makers and our licensors.
The Services provided by Marshalled Makers do not comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Marshalled Makers specifically disclaims any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). You acknowledge and agree that our Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material breach of thеsе TOS, and grounds for immediate termination of the Agreement. Marshalled Makers will not sign “Business Associate Agreements” and you acknowledge and agree that we are not a Business Associate or subcontractor of yours pursuant to HIPAA.
Third Party Providers:
Marshalled Makers offers third party products and services. These products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Marshalled Makers does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Marshalled Makers is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Marshalled Makers as Reseller or Licensor:
Marshalled Makers may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Marshalled Makers Products”). Marshalled Makers shall not be responsible for any changes in the Services that cause any Non-Marshalled Makers Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Marshalled Makers Products, either sold, licensed or provided by Marshalled Makers to you will not be deemed a breach of Marshalled Makers’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Marshalled Makers Product are limited to those rights extended to you by the manufacturer of such Non-Marshalled Makers Product. You are entitled to use any Non-Marshalled Makers Product supplied by Marshalled Makers only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Marshalled Makers Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Marshalled Makers Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites:
The Services may contain links to other websites that are not owned or controlled by Marshalled Makers (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern these. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
Account Security and Systems:
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions directories as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes action taken after credentials such as user name and password are compromised. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account. The time allotted for you to change your password will be determined solely by Marshalled Makers.
The Services, including but not limited to all related equipment, networks and network devices are provided only for authorized customer use. Marshalled Makers may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Marshalled Makers may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Marshalled Makers of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Marshalled Makers may clean-up your account for an additional fee.
Marshalled Makers reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Compatibility With The Services:
You agree to cooperate fully with Marshalled Makers in connection with Marshalled Makers’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Marshalled Makers is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Marshalled Makers to provide the Services, which may be changed by Marshalled Makers from time to time at our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Marshalled Makers does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payments –
Users may not jump to multiple accounts to abuse “new customer” discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
Users may not jump to another account to avoid suspension of a previous held account that did not comply with these TOS. Users that do so are subject to termination without a refund.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Marshalled Makers of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. If auto renewal is activated on a Service, The Client agrees to allow Marshalled Makers to charge the payment method assigned to The Client up to 5 days prior to the date of required payment for the Service.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Marshalled Makers’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Marshalled Makers may suspend or terminate your account and pursue the collection costs incurred by Marshalled Makers, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Marshalled Makers will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain renewal notices are provided as a courtesy reminder and Marshalled Makers is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Marshalled Makers may report any such misuse or fraudulent use, as determined in Marshalled Makers’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by Marshalled Makers. If you have any questions concerning a charge on your account, our billing department directly for assistance.
You may terminate or cancel the Services by giving Marshalled Makers written notice via the cancellation form provided. In such event you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and Marshalled Makers may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received.” Marshalled Makers will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared accounts will be effective on the account’s renewal date.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Marshalled Makers’s Billing department via a support ticket created from https://www.Marshalled Makers.com/clientarea.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Marshalled Makers is not responsible for any change in exchange rates between the time of payment and the time of refund.
Marshalled Makers may terminate your access to the Services, in whole or in part, without notice in the event that you fail to pay any fees due, you violate this Agreement, your conduct may harm Marshalled Makers or others or cause Marshalled Makers or others to incur liability, as determined by Marshalled Makers in our sole discretion, or as otherwise specified in this Agreement. In such event, Marshalled Makers shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Marshalled Makers may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage –
Permitted CPU and Disk Usage:
All use of hosting space provided by Marshalled Makers is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Marshalled Makers expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Marshalled Makers may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Marshalled Makers’s Terms of Service.
VPS Managed Services:
Please note that manually installing modules and bypassing WHM/cPanel could render your management with us void.
Shared servers are not limited in their bandwidth allowance. Marshalled Makers reserves the rights to restrict a clien’ts bandwidth allowance with no notice at their own discretion.
Marshalled Makers reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Marshalled Makers through the user billing tool or through other methods of communication, including notices sent or posted by Marshalled Makers.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Limitation of Liability:
IN NO EVENT WILL MARSHALLED MAKERS, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF MARSHALLED MAKERS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MARSHALLED MAKERS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless Marshalled Makers, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to your use of the Services, any breach or violation by you of this Agreement,; or any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Marshalled Makers and will be held at the AAA location chosen by Marshalled Makers in Missouri. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Marshalled Makers will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Marshalled Makers alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Marshalled Makers in violation of this paragraph, you agree to pay Marshalled Makers’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
Marshalled Makers and User are independent contractors and nothing contained in this Agreement places Marshalled Makers and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction:
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Marshalled Makers shall not be responsible for any damages your business may suffer. Marshalled Makers makes no warranties of any kind, expressed or implied for the Services. Marshalled Makers disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Marshalled Makers or our employees.
Backups and Data Loss:
Your use of the Services is at your sole risk. Marshalled Makers’s backup service runs once a night and overwrites any of our previous backups. Only one night of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Marshalled Makers’s sole discretion. Accounts larger than 20GB or 100,000 inodes WILL NOT be included in nightly backups. Marshalled Makers is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backups of files and data stored on Marshalled Makers’s servers.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Marshalled Makers AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. MARSHALLED MAKERS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. MARSHALLED MAKERS AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement:
Marshalled Makers may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
Changes to the Agreement or the Services:
Marshalled Makers may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Marshalled Makers website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or Marshalled Makers to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Marshalled Makers. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Marshalled Makers may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.