The Marginal Paradise Corporation—Terms of Service
These Terms of Service are effective as of May 15, 2013. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
2. Intellectual Property:
Our Limited License to You. The Site and the program you have purchased through the Site are created and owned by Marginal Paradise and are protected by applicable copyright, trademark, and other intellectual property laws. Any and all programs, trainings and materials (the “Program”) available through the Site are provided solely for your personal, noncommercial use. You may not use the Program in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program.
You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.
By continuing to use this Site and/or by purchasing the Program, you understand that all materials and information provided to you by Marginal Paradise are its confidential and proprietary intellectual property, belong solely and exclusively to Marginal Paradise, and you agree that you will only use such materials and information as authorized by Marginal Paradise.
You further agree not to infringe on the copyright, patent, trademark, trade secret or other intellectual property rights of Marginal Paradise or any other purchaser of or contributor to the Program.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, screen name, trademark or service mark, as we deem appropriate.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
3. Privacy and Confidentiality:
Marginal Paradise will keep confidential all confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) that you share or provide through participating in the Program and/or interacting with the Site.
By participating in the Program, You agree to keep confidential any and all Confidential Information shared by Program participants, Marginal Paradise or any of its representatives and affiliates and not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions.
While you are free to discuss your personal results from the Program, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.
If you violate, or display any likelihood of violating, the terms of this paragraph, Marginal Paradise may expel you from participation in the Program, the Site and any future Programs offered through the Site. Furthermore, if you violate the terms of Section 3 of this Terms of Service, you agree that Marginal Paradise or any participant in the Program, the confidentiality of which you have breached, will suffer irreparable harm and shall be entitled to injunctive relief.
4. Interactive Features and Participant-Provided Content
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others (the “Interactive Features”). Responsibility for what is posted on the Interactive Features lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Interactive Features. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Right to Remove or Alter Content. Any user failing to comply with these Terms of Service may be expelled from and refused continued access to the Interactive Features and the Site. Marginal Paradise or its designated agents may remove or alter any user-created content at any time for any reason. The Interactive Features are intended to serve as discussion centers for users and subscribers. Marginal Paradise expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in the Interactive Features by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through the Interactive Features. The opinions expressed in the Interactive Features are solely the opinions of the participants, and do not reflect the opinions of Marginal Paradise or any of its subsidiaries or affiliates.
Right to Monitor. Marginal Paradise has no obligation whatsoever to monitor any of the content or postings on the Interactive Features. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
DMCA Take Down Notice. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Marginal Paradise on the Site or Interactive Features infringe your copyright, you or your agent may send to Marginal Paradise a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Marginal Paradise actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Marginal Paradise a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. (See http://www.loc.gov/copyright for details). Marginal Paradise’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [contact]
5. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND MARGINAL PARADISE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Disclaimer of Endorsement of Third-Party Providers. Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. You release Marginal Paradise from any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, incurred as the result of your relationship with such third-party sites and the information, products are services offered through such third-party sites.
Disclaimer of Earnings Statements. When addressing financial matters in any of our Sites, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. This is not a “become a farmer overnight promise.” Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon multiple factors including but not limited to your skill, knowledge, ability, dedication, business savvy, network, and financial situation. Because these factors differ according to individuals, we cannot and do not, guarantee your success, income or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Site are simply our opinion and thus are not guarantees or promises for actual performance. By law we make no guarantees that you will achieve any results from the ideas or the models presented on our Site and in our Program, and we provide no professional legal, medical, psychological or financial advice of any kind.
You acknowledge and agree that no representation has been made by Marginal Paradise or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in the Program.
7. Payment Policy:
Payment Plan: If you selected the payment plan, your first payment will be taken today, and your next payment will be charged to your credit card in one month.
Delinquent Payments: As long as you make your payments when they are due, you will continue to have access to the Program. However, when a payment that is due is not paid, your status will be changed to “delinquent.” This means that you will continue to have access to the Program modules that you have paid for, but you will not receive access to any future modules that are released. When we receive payment from you for your “delinquent” payment, your order status will change to “in good standing.” At that time, you will gain access to all modules you missed while in delinquent status, and you will continue to receive access to all future modules, bonuses, etc. that are released in the Program.
8. Refund Policy:
Our commitment is to empower the farmer in you wherever you are. If after having participated fully in the Program and completed all Program homework assignments for 30 days, you did not receive value at least equal to your investment, send us your completed Program homework and a note stating why you feel it was not valuable to you, and we’ll refund 100% of your money.
To be eligible for a refund, you must submit to us your completed Program homework and your statement why the Program did not deliver you value no later than 11:59 pm EST on November 4th, 2014. No exceptions will be made.
IMPORTANT: The Program is not for you if you just want to “try it out.” We put an extraordinary amount of time and effort into this program, your fellow Program participants will put an extraordinary amount of time and effort into this program, and we expect you to do the same. The Program is for serious and committed students only.
9. Choice of Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oregon and any dispute shall be subject to binding arbitration in Portland, Oregon.
If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.