Terms of Use & Disclaimer


IN USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND AGREED TO THE FOLLOWING TERMS OF USE, CONDITIONS AND DISCLAIMER.

The Website and its Content is owned by MarshaSterling.com (“Company”, “we”, or “Us”). The term “You” refers to the User or viewer of https://marshasterling.com (“Website”).

Website Use and Consent

Whether You use this Website as a casual visitor, guest, registered user, licensee, or as a member of our programs, You agree to certain terms that are outlined below.

If You have purchased a program or otherwise entered into an agreement with Us, You will also be governed by the terms of that agreement or the terms and conditions for that program, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.

We try to ensure that Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that Your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services. We try to limit the frequency and duration of any suspension or restriction.

Although every effort is made to ensure the accuracy of published information on or through this Website, the Website may inadvertently contain technical inaccuracies or typographical errors. This information may be changed or updated without notice. We assume no responsibility for errors or omissions on the site or in documents referenced by or linked to our Website.

This Website is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Website by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using this Website, You represent and warrant that You are 18 years or older and that You agree to and to abide by all of our terms and conditions.

Intellectual Property Rights

The content, layout, design, data, databases, and graphics on this Website are protected by United States intellectual property laws. Content is solely owned by Us unless otherwise indicated.

Copyright Notice: All materials are copyrighted and remain the property of the Company. Copyright and other relevant intellectual property rights exist on all text relating to Marsha Sterling’s services, courses, materials and the full content of this website.  Materials made available to the private group forums, by email, or any other means, may not be distributed in any fashion, print nor electronic, without the expressed written permission of the respective owner. 

Our Limited License to You

This Website and all the materials available on the Website are the property of Us and/or Our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws.

If You purchase any program, services, or materials through this Website, You will be considered our Licensee and the terms and conditions specifically relating to the respective program or service purchase shall apply.

If You are a visitor to this Website and You are not making a purchase of a program, service, or materials through this Website, for the avoidance of doubt, all content obtained from or on this Website is Our property, and You are granted a revocable, non-transferable license for personal, non-commercial Use only, limited to You only.

When You enroll in or purchase any of our programs or services or obtain information through this Website, You expressly agree that You will not steal our content. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to You herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.

In addition, as a Licensee, You understand and acknowledge that the information obtained on or through this Website have been developed or obtained by Us through the investment of significant time, effort, and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized Use.

You may not Use this site or the materials available on or through this Website in a manner that constitutes an infringement of our rights, or that has not been authorized by Us.

As a visitor to this Website, You may from time to time, download and/or print copies of individual pages of the Website, including blog posts, for Your personal, non-commercial use, provided that You give Us full attribution and credit by name, keep intact all copyright and other proprietary notices and, if used electronically, You must include the link back to the Website page from which the information was obtained.  By downloading, printing, or otherwise using Website content for personal use, You in no way assume any ownership rights of that material.

You may not in any way use, copy, adapt or represent any of our material in any way as if it is Yours or created by You unless specifically permitted to do through the terms and conditions relating to Your respective program or service purchase or unless specifically authorized by Us in advance and in writing.

Unless otherwise explicitly authorized in these Terms and Conditions or the terms and conditions relating to a specific program or service You purchased through this Website, or unless You obtain advance written permission from Us, 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 purchased through any of our Programs, Products or Services, or obtained on or through the Website, including through an individual or group program, e-book, private Facebook or Website forum or class for commercial use, or for use in any way that earns You money, and You must seek our permission before using any of our materials or content from this Website for Your own business use or before sharing with others.

All rights not expressly granted in these terms or any express written license are reserved by Us.

The trademarks and logos which are displayed on the Website are trademarks belonging to Us. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.

Your License to Us. 

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to Us via the Website, 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 18 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, sell, exploit, create derivative works from, 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, including granting us the right to use said material in our current or future Website and its Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. 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, or screen name, as we deem appropriate and you acknowledge that we may elect to cease the use of any such conditions on Our Website or in Our Content at any time for any reason.

Limitations on Linking and Framing.

You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship of Your site by Us or by the Website. However, You may not, without our prior written permission, frame or inline link any of the content of the Website, or incorporate into another Website or other service any of our material, content or intellectual property.

Obtaining Permission to Use Our Intellectual Property

Any request for permission to use any of our Content or images, or other Use of information obtained from or through our Programs, Products, Services, or Website, or any other intellectual property not specifically authorized, should be made using the “Contact” form on this Website, or by sending an e-mail to support@marshasterling.com.

Disclaimer 

As a visitor to this Website and as a Licensee, You agree that You are using Your own judgment in using the information provided on and through this Website, which is done at Your own risk.

THE INFORMATION, PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE WEBSITE AND BY US AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR MATERIALS ON THIS WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless Us and our affiliates, successors, transferees, assignees and licensees and respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees from and against any and all claims, caUses of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to Your breach of any obligation, warranty, representation or covenant set forth herein.

We try to ensure our Website is available for Use at all times, other than for a small period for scheduled downtime; however, we do not warrant that at other times our Website will be available.

To the fullest extent permitted by law, we will be not be liable to You for damages or refunds should our Website become unavailable or access to the Website becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website inaccessible to You.

CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER for medical advice.  This information is provided for informational and educational purposes, it is not intended to replace professional medical advice, diagnosis or treatment that can be provided by Your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, spiritual counselor, or any other licensed or registered health care professional. You should not disregard professional medical advice or delay seeking professional advice because of information in Our Website, blogs, emails, courses, services and Programs.

NOT EVALUATED BY FDA.  The information provided in Our Website, blogs, emails, courses, services and Programs has not been evaluated by the Federal Drug Administration, and it is not meant to cure, treat, diagnose, or prevent disease, or to be considered medical or psychological advice.

PERSONAL RESPONSIBILITY.  We aim to accurately represent the information provided in Our website, blogs, emails, courses and Programs.  You are acknowledging that You are participating voluntarily in using Our website, blog, emails, courses and Programs, and You alone are responsible for results.  You acknowledge that You take full responsibility for your health, life, and well being, as well as the health, life and well-being of your family, and for all decisions made by You now, and in the future.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall anyone related to Marsha Sterling or any subsidiary and parent companies or affiliates, included but not limited to our staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Program, including its materials or third party materials made available through the Program, even if we are advised beforehand of the possibility of such damages.

You agree at all times to defend, indemnify and hold harmless Marsha Sterling, our employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each, if applicable, from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to the Program as experienced by You.

You acknowledge and agree that no representation has been made by Us or our affiliates and relied upon as to the future results that may be obtained from Your access to our Website.

Third Party Links

Throughout this Website, we may provide links and pointers to Internet sites which may take You outside of our owned or controlled Website to other websites maintained by third parties. Links are provided for Your convenience, and an inclUsion of any link does not imply endorsement, sponsorship, or approval by Us of the linked website, its operator or content.

Also, neither we nor affiliates operate or control in any respect any information, programs, products or services that third parties may provide on or through their websites or on websites linked to our Website.  We have no control over the contents or functionality of those websites and accept no responsibility for any loss or damages that may arise from Your Use of them. We are not responsible for any website outside this Website, and such other website Use will be subject to those linked websites’ relevant terms and conditions and privacy policies (by james).  It is Your responsibility to review those terms and conditions and privacy policies of other websites to confirm that You understand and agree with those policies.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Us. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or Usefulness of any content. Furthermore, we do not endorse, and we are not responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Websites by anyone other than our authorized representative while acting in his/her official capacity. 

Your Conduct

You are agreeing that you will not use our Website in any way that causes or is likely to cause our Website or access to it to be interrupted, damaged or impaired in any way. You understand that You are solely responsible for all electronic communications and content sent from Your computer to this Website or to Us.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

You agree to use the Website and Content for lawful purposes only.  You agree that You will  not use the Website for any of the following:

  • For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
  • To send, Use or re-Use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties.
  • To send, negatively impact, or infect Our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam.
  • To cause annoyance, inconvenience or needless anxiety
  • To impersonate any third party or otherwise mislead as to the origin of Your content or contributions.
  • To reproduce, duplicate, copy or resell any part of Our Website or the content therein in any way that is not in compliance with these terms of use or any other agreement with Us.

Online Commerce

Certain sections of the Website may allow You to make purchases from Us or third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these programs, products or services.

If You make a purchase from a merchant on the Website or on an external site linked to by the Website, the information obtained during Your visit to that merchant’s online store or site, and the information that You give as part of the transaction, such as Your credit card number and contact information, may be collected by both the merchant and Us.

A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when You purchase our Programs, Products or Services on or through the Website, You are subject to additional terms and conditions that specifically apply to Your purchase or Use of such Programs, Products or Services.

You agree to be financially responsible for all purchases made by You or someone acting on Your behalf through the Website. You agree to Use the Website and to purchase our Programs, Products or Services through the Website for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release Us and our affiliates from any damages that You incur, and agree not to assert any claims against Us or them, arising from Your purchase or Use of any programs, products or services made available by third parties through the Website.

Your participation, correspondence or business dealings with any third party found on or through our Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that we shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.

You agree to only purchase goods or services for Yourself or for another person for whom You are legally permitted to do so. When making a purchase for a third party that requires You to submit the third party’s personal information to Us or a merchant, You represent that You have obtained the express consent of such third party to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the merchant directly.

Termination

We reserve the right in our sole discretion to refuse or terminate Your access to the Website or any part of the Website at any time without notice. In the event of cancellation or termination, You are no longer authorized to access the part of the Website affected by such cancellation or termination. The restrictions imposed on You with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.

These terms and conditions are governed by the laws of The United States of America and the laws of the state of North Carolina.

If You have any questions, please contact us at support@marshasterling.com.

Copyright © 2018 Marsha Sterling  All rights reserved.