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TERMS OF USE

These Terms of Use govern the terms and conditions under which you may access and use the Emarfin.com website of MARFIN International, LLC, a Florida limited liability company (“MARFIN”) and the MARFIN The Marketing Manager software program associated with it. If you are entering into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. You should read these Terms of Use carefully and understand them. By accessing this website and using the program, you agree to be bound by these Terms of Use. We recommend that you consult these Terms of Use when you have any question with respect to the MARFIN program or wish to verify how something functions. Please review this information periodically since it may change at any time without notice.

The Program

MARFIN The Marketing Manager is an interactive marketing planning program (the “Program”) that assists marketing professionals in developing strategies for each element of the marketing mix and then combining them into a business plan. It is set up in advance to lead the planner through the planning process following a logical path while remaining an open system in which experts may incorporate their own ideas.

Restrictions and Obligations

  1. You must be at least eighteen (18) years of age in order to access or use the Program. You must be able to enter into legally binding contracts under applicable law. You must be a human being. Accounts registered by “bots” or other automated methods are not permitted.
  2. You must provide your name, a valid e-mail address and any other information requested in order to complete the signup process. Your login may only be used by one person. A single login shared by multiple persons is not permitted.
  3. You are responsible for maintaining the security of your account and password. MARFIN will not be liable for any loss or damage arising out of your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs on your account.
  4. In your use of the Program, you must not violate any laws in your jurisdiction including, without limitation, copyright or trademark laws.

Pricing Policy

  1. MARFIN is available for use free of charge for a one-month period. After that, you will be charged an introductory individual fee of US$10 per month or US$100 for one year in advance.
  2. Upon expiration of the free trial period, you will be asked to sign up for a monthly or yearly billing plan or your account will be closed.
  3. All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies or duties.
  4. MARFIN retains the right to increase its prices at any time. For any increase in price while on a monthly billing cycle, your credit card will be automatically charged the new rate on your next billing cycle. If you are on an annual plan, MARFIN will charge any price increase only at the beginning of your next annual billing cycle.

Modification and Cancelation

  1. MARFIN reserves the right at any time to modify or discontinue the Program, temporarily or permanently, with or without notice. Prices of the Program may be changed upon 30 days’ notice from MARFIN. Such notices of changes will be posted on the emarfin.com website and emailed to users of record.
  2. MARFIN shall have no liability to you or to any third party for any modification, price change, suspension or discontinuance of the Program. Your only right with respect to your dissatisfaction with any modification of these Terms of Use, or any policies or practices of MARFIN in the furnishing of the Program including, without limitation, any change in the amount or type of fees for the Program, is to cancel the Program in accordance with paragraph 3 below.
  3. You may cancel your account at any time by clicking on the My Account link on the bottom of the page which provides a simple cancellation link. Upon cancellation, we will save your content for a twelve-month period. Upon the expiration of such twelve-month period, your data will be deleted and your content cannot be recovered. If you cancel your account before the end of your current paid-up period, your cancellation will take effect immediately and you will not be charged again. You may continue to use the Program until the end of your paid-up period.
  4. MARFIN has the right in its sole discretion to suspend or cancel your account and to refuse any current or future use of the Program by you for any reason at any time. MARFIN reserves the right to refuse use of the Program to anyone for any reason at any time.
  5. If MARFIN undertakes to suspend or cancel your account, upon your request we will make a reasonable effort, but cannot guarantee, to provide you with the capability to download your data unless your account was suspended or canceled due to your misconduct.

Copyright and Content Ownership

  1. Information and content contained in this site is Copyrighted © 1995-2018 MARFIN INTERNATIONAL, LLC. All Rights Reserved.
  2. Every reasonable effort has been made to ensure the accuracy of the information and content on this website. However, MARFIN assumes no responsibility for the accuracy of the information. MARFIN disclaims any obligation or duty to update any information contained in this site. Any changes will be made at MARFIN's sole discretion at any time without notice. All content on this site, including text, graphics, logos, icons, images, audio clips, and software, is the property of MARFIN or its content suppliers. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of MARFIN. All software used on this site is the property of MARFIN or its software suppliers. Each of the foregoing is protected by U.S. and international copyright laws and treaty provisions. The content on this site may not be used, copied, reproduced, reverse engineered, modified, published, posted, sold, resold, transmitted or distributed in any way, without the prior written consent of MARFIN. Descriptions of, or references to, products, services or publications within MARFIN's web server do not imply MARFIN’s endorsement of that product, service or publication.
  3. MARFIN does not claim any intellectual property rights in the material that you provide to the Program. Your profile and materials uploaded remain yours.

Trademarks

“MARFIN” and “MARFIN The Marketing Manager” are trademarks of MARFIN INTERNATIONAL, LLC. All other trademarks, service marks, registered trademarks, or registered service marks contained herein the property of their respective owners. The MARFIN INTERNATIONAL, LLC trademarks may not be used in connection with any product or service that is not owned by MARFIN INTERNATIONAL, LLC in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MARFIN INTERNATIONAL, LLC or the Program.

DISCLAIMER

THIS WEBSITE AND ITS CONTENT ARE PROVIDED BY MARFIN ON AN "AS IS" AND “AS AVAILABLE” BASIS. YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK. MARFIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. MARFIN, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MARFIN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES RESULTING FROM RELIANCE ON THE CONTENT OR INFORMATION PROVIDED, LOSS OF PROFITS, LOST DATA, OR LOSS OF USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Applicable Law and Jurisdiction

These Terms of Use are governed by the internal laws of the State of Florida and the applicable federal laws of the United States. You hereby consent to the exclusive jurisdiction of the courts located in Miami-Dade County, Florida for all claims and disputes which arise hereunder or which are necessary to comply herewith or interpret the same or with respect to anything else related to these Terms of Use, MARFIN or this website.

General

You acknowledge that MARFIN uses third-party vendors and hosters to provide the necessary hardware, software, networking, storage and related technology required to operate the Program. You may not modify, adapt or hack the Program or use another website so as to falsely imply that it is associated with the Program or MARFIN.

You must not introduce in the Program any worms or viruses or any code of a destructive nature. If, as determined solely by MARFIN, your bandwidth usage significantly exceeds the average bandwidth usage of other MARFIN customers, we reserve the right to immediately disable your account.

MARFIN does not warrant that (i) the Program will meet your specific requirements, (ii) the Program will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Program will be accurate or reliable, (iv) the success of any products, services, information, or other material distributed or sold by you as a result of the Program will meet your expectations, and (v) any errors in the Program will be corrected.

These Terms of Use constitute the entire agreement between you and MARFIN relating to the Program and replace any prior agreement between you and MARFIN relating to the Program. These Terms of Use constitute a written agreement between you and MARFIN. The printed version of these Terms of Use will be admissible in any judicial or administrative proceeding on the same basis and subject to the same restrictions as any other original contract or document maintained in printed form. You hereby waive any defense based on the electronic form of these Terms and the absence of signatures.

You hereby represent and warrant that you have the legal right and capacity to subscribe to these Terms of Use and to comply with their terms and conditions.