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| Terms of Use
ACCEPTANCE OF TERMS
MyMarkOnEarth.com welcomes you. MyMarkOnEarth.com provides the MyMarkOnEarth.com Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.mymarkonearth.com/index.php?page=terms. By accessing and using the MyMarkOnEarth.com Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular MyMarkOnEarth.com owned or operated services, you and MyMarkOnEarth.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
DESCRIPTION OF MyMarkOnEarth.com SERVICES
MyMarkOnEarth.com provides users with access to a granite etching service, a virtual etching service, forums, and future services ("Future Services"), such as book publishing. You understand and agree that the Future Services may include advertisements and that these advertisements are necessary for MyMarkOnEarth.com to provide the Future Services. You also understand and agree that the Future Services may include certain communications from MyMarkOnEarth.com, such as service announcements, administrative messages and the MyMarkOnEarth.com Newsletter, and that these communications are considered part of MyMarkOnEarth.com membership and you may not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current MyMarkOnEarth.com services shall be subject to the TOS. You understand and agree that the Future Services is provided "AS-IS" and that MyMarkOnEarth.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Future Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Future Services.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the MyMarkOnEarth.com, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the such services under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the MyMarkOnEarth.com's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or MyMarkOnEarth.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyMarkOnEarth.com has the right to suspend or terminate your account and refuse any and all current or future use of MyMarkOnEarth.com (or any portion thereof).
MyMarkOnEarth.com PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full MyMarkOnEarth.com Privacy Policy at http://www.mymarkonearth.com/index.php?page=privacy.
You understand that through your use of the MyMarkOnEarth.com, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by MyMarkOnEarth.com.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the MyMarkOnEarth.com's registration process.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to
(a) immediately notify MyMarkOnEarth.com of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
MyMarkOnEarth.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.
MEMBER CONDUCT
You understand that all messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.
This means that you, and not MyMarkOnEarth.com, are entirely responsible for all Content that you post or transmit on MyMarkOnEarth.com.
MyMarkOnEarth.com does not control the Content posted via the website and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the MyMarkOnEarth.com, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will MyMarkOnEarth.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the MyMarkOnEarth.com.
You agree to not use the MyMarkOnEarth.com to:
1. post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a MyMarkOnEarth.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. manipulate your contributed Conent in order to disguise the origin of any Content transmitted through the MyMarkOnEarth.com Service;
5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. post or transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. post or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
8. post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. disrupt the construct flow of dialogue through bullying or antagonistic manner that negatively affects other users;
10. interfere with or disrupt MyMarkOnEarth.com;
11. intentionally or unintentionally violate any applicable local, state, national or international law;
12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
13. "stalk" or otherwise harass another.
You acknowledge that MyMarkOnEarth.com may or may not pre-screen Content, but that MyMarkOnEarth.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via MyMarkOnEarth.com.
Without limiting the foregoing, MyMarkOnEarth.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by MyMarkOnEarth.com or submitted to MyMarkOnEarth.com, including without limitation information in MyMarkOnEarth.com Forums and in all other parts of the MyMarkOnEarth.com web site.
You acknowledge, consent and agree that MyMarkOnEarth.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce the TOS;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property or personal safety of MyMarkOnEarth.com, its users and the public.
You understand that MyMarkOnEarth.com and software embodied within MyMarkOnEarth.com may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by MyMarkOnEarth.com and/or content providers who provide content to the MyMarkOnEarth.com.
You may not attempt to override or circumvent any of the usage rules embedded into the MyMarkOnEarth.com Services.
Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the MyMarkOnEarth.com Services, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON MyMarkOnEarth.com NETWORK
When you register with MyMarkOnEarth.com, you acknowledge that in using MyMarkOnEarth.com to send electronic communications, you will be causing communications to be sent through MyMarkOnEarth.com's computer networks, portions of which are located in North Carolina and other locations in the United States and portions of which may be located abroad.
As a result, and also as a result of MyMarkOnEarth.com's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.
Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
You agree to comply with all applicable export and import laws and regulations.
In particular, you:
(a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the MyMarkOnEarth.com Services to parties identified on such lists;
(b) agree not to use MyMarkOnEarth.com for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws;
(c) agree not to post or transmit via MyMarkOnEarth.com any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE MyMarkOnEarth.com SERVICES
MyMarkOnEarth.com does not claim ownership of Content you submit.
However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the MyMarkOnEarth.com Services, you grant MyMarkOnEarth.com the following worldwide, royalty-free and non-exclusive license(s), as applicable:
1. With respect to Content you submit or make available for inclusion on publicly accessible areas of MyMarkOnEarth.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the MyMarkOnEarth.com web site solely for the purposes of providing and promoting the MyMarkOnEarth.com to which such Content was submitted or made available.
This license exists only for as long as you elect to continue to include such Content on MyMarkOnEarth.com and will terminate at the time you remove or MyMarkOnEarth.com removes such Content from MyMarkOnEarth.com.
2. With respect to Content you submit or make available for inclusion on publicly accessible areas of MyMarkOnEarth.com, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed; such Content will be aggregated with others' Content, not used in isolation of other Content.
"Publicly accessible" areas of MyMarkOnEarth.com are those areas of the web site that are intended by MyMarkOnEarth.com to be available to the general public.
By way of example, publicly accessible areas of MyMarkOnEarth.com would include MyMarkOnEarth.com Forum Area (comments) and marks on granite or virtual stones that are unlocked and not lost.
However, publicly accessible areas of MyMarkOnEarth.com would not include portions of the web site that are limited to specific members (such as locked or lost message and user purchase transaction data).
CONTRIBUTIONS TO MyMarkOnEarth.com
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to MyMarkOnEarth.com through its message or comment webpages, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary information;
(b) MyMarkOnEarth.com is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
(c) MyMarkOnEarth.com shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
(d) MyMarkOnEarth.com may have something similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become the property of MyMarkOnEarth.com without any obligation of MyMarkOnEarth.com to you; and
(f) you are not entitled to any compensation or reimbursement of any kind from MyMarkOnEarth.com under any circumstances.
INDEMNITY
You agree to indemnify and hold MyMarkOnEarth.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the MyMarkOnEarth.com web site.
NO COMMERCIAL REUSE OF MyMarkOnEarth.com SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the MyMarkOnEarth.com webs ite (including Content, Contributions, advertisements, and your MyMarkOnEarth.com ID).
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MyMarkOnEarth.com may establish general practices and limits concerning use of MyMarkOnEarth.com, including without limitation the maximum number of days that Forum postings or other Content will be retained by on the MyMarkOnEarth.com web site and the maximum number of times (and the maximum duration for which) you may access the MyMarkOnEarth.com Services in a given period of time.
You agree that MyMarkOnEarth.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by MyMarkOnEarth.com.
You acknowledge that MyMarkOnEarth.com reserves the right to log off accounts that are inactive for an extended period of time.
You further acknowledge that MyMarkOnEarth.com reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO MyMarkOnEarth.com SERVICES
MyMarkOnEarth.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the MyMarkOnEarth.com web site (or any part thereof) with or without notice.
You agree that MyMarkOnEarth.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the MyMarkOnEarth.com web site (or any part thereof).
TERMINATION
You may terminate your MyMarkOnEarth.com account by submitting such termination request to MyMarkOnEarth.com.
You agree that MyMarkOnEarth.com may, without prior notice, immediately terminate, limit your access to or suspend your MyMarkOnEarth.com account and access to the MyMarkOnEarth.com web site.
Cause for such termination, limitation of access or suspension shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or guidelines,
(b) requests by law enforcement or other government agencies,
(c) discontinuance or material modification to the MyMarkOnEarth.com web site (or any part thereof),
(d) unexpected technical or security issues or problems,
(e) extended periods of inactivity,
(f) engagement by you in fraudulent or illegal activities, and/or
(g) nonpayment of any fees owed by you in connection with MyMarkOnEarth.com.
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in MyMarkOnEarth.com's sole discretion and that MyMarkOnEarth.com shall not be liable to you or any third party for any termination of your account or access to the MyMarkOnEarth.com web site.
Termination of your MyMarkOnEarth.com account includes any or all of the following:
(a) removal of access to all or part of the offerings within the MyMarkOnEarth.com web site,
(b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
(c) barring of further use of all or part of the MyMarkOnEarth.com web site.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MyMarkOnEarth.com web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that MyMarkOnEarth.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the MyMarkOnEarth.com web site.
LINKS
The MyMarkOnEarth.com Services may provide, or third parties may provide, links to other World Wide Web sites or resources.
You acknowledge and agree that MyMarkOnEarth.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that MyMarkOnEarth.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
MyMarkOnEarth.com'S PROPRIETARY RIGHTS
You acknowledge and agree that Content contained in advertisements or information presented to you through the MyMarkOnEarth.com web site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly permitted by applicable law or as authorized by MyMarkOnEarth.com or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the MyMarkOnEarth.com web site, such Content in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE MyMarkOnEarth.com WEB SITE ARE AT YOUR SOLE RISK.
THE MyMarkOnEarth.com WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
MyMarkOnEarth.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. MyMarkOnEarth.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT
(i) THE MyMarkOnEarth.com WEB SITE WILL MEET YOUR REQUIREMENTS;
(ii) THE MyMarkOnEarth.com WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MyMarkOnEarth.com WEB SITE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE MyMarkOnEarth.com WEB SITE WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MyMarkOnEarth.com WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MyMarkOnEarth.com OR THROUGH OR FROM THE MyMarkOnEarth.com WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyMarkOnEarth.com AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MyMarkOnEarth.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE MyMarkOnEarth.com WEB SITE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MyMarkOnEarth.com WEB SITE; OR
(e) ANY OTHER MATTER RELATING TO THE MyMarkOnEarth.com WEB SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
NOTICE
MyMarkOnEarth.com may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the MyMarkOnEarth.com web site, or other reasonable means now known or hereafter developed.
Such notices may not be received if you violate this TOS by accessing the MyMarkOnEarth.com web site in an unauthorized manner.
Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the MyMarkOnEarth.com web site in an authorized manner.
TRADEMARK INFORMATION
You agree that all of MyMarkOnEarth.com’s trademarks, trade names, service marks and other MyMarkOnEarth.com logos and brand features, and product and service names are trademarks and the property of the MyMarkOnEarth.com entity ("Marks").
Without MyMarkOnEarth.com's prior permission, you agree not to display or use in any manner the MyMarkOnEarth.com Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MyMarkOnEarth.com respects the intellectual property of others, and we ask our users to do the same.
MyMarkOnEarth.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MyMarkOnEarth.com's Copyright Care the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
MyMarkOnEarth.com's Copyright Care of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Care
MyMarkOnEarth.com
820 Churchill Drive
Chapel Hill, NC 27517
By email: info@mymarkonearth.com
GENERAL INFORMATION
Entire Agreement.
The TOS constitutes the entire agreement between you and MyMarkOnEarth.com and governs your use of the MyMarkOnEarth.com web site, superseding any prior version of this TOS between you and MyMarkOnEarth.com with respect to the MyMarkOnEarth.com web site.
You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MyMarkOnEarth.com services, affiliate services, third-party content or third-party software.
Choice of Law and Forum.
You and MyMarkOnEarth.com each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and MyMarkOnEarth.com, shall be brought exclusively in the courts located in the county of Orange, North Carolina or the U.S. District Court for the Middle District of North Carolina.
You and MyMarkOnEarth.com agree to submit to the personal jurisdiction of the courts located within the county of Orange, North Carolina or the Middle District of North Carolina, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms.
The failure of MyMarkOnEarth.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your MyMarkOnEarth.com account is non-transferable and any rights to your MyMarkOnEarth.com ID or contents within your account terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted at MyMarkOnEarth.com's discretion.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MyMarkOnEarth.com web site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
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