Thank you for visiting MainelyMara. This site (the “Site) is operated by MainelyMara, LLC (“MainelyMara or “we”, “us”, “our” and similar references). By accessing or using this Site, you indicate your unconditional acceptance of these Terms of Use (the “Terms of Use”). We reserve the right, in our sole discretion, to update or revise these Terms of Use. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Use of the Site – You may use the Site only in accordance with and subject to these Terms of Use and the Site’s Privacy Policy (the “Privacy Policy”), available at www.mainelymara.com/privacypolicy. Once you complete and subject your registration and confirm your email address, you have opted in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MainelyMara or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:
(a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us
(b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code
(c) obtain unauthorized access to any computer system
(d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of MainelyMara
(e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity
(f) misrepresent the identity of a user or use a false e-mail address
(g) tamper with or obtain access to this Site or any component of this Site
(h) conduct fraudulent activities
(i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Membership Eligibility – The Site is available to members who are 18 years and older, who have properly registered and who have not been suspended or removed by MainelyMara for any reason (a “Member”). By becoming a Member you represent that you are of legal age. Membership is available to users who have completed the information required by the Site’s registration form. Members may not have more than one active account. If you do not qualify, you may not use the Site. As a Member, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form.
Additional Terms and Conditions – Additional terms and conditions may apply to specific portions of or products on the Site or your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of or products on the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site, the products or your membership.
Accuracy of Content; Limitations on Quantity – The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an offer at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any offers on this Site at a particular time does not guarantee that the offers will be available. If an offer sold by us is not as described, please contact MainelyMara.
Refund Policy - All sales are final.
Proprietary Rights – You acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons and page headers) available on the Site are the property MainelyMara, LLC and/or its affiliates, subsidiaries or licensors and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Reference to any products, services or other information by trade name, trademark, manufacturer or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by MainelyMara, LLC. All trademarks not owned by MainelyMara that appear on the Site are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site.
Procedure for Claims of Intellectual Property Infringement – MainelyMara respects the intellectual property of others, and we ask our users to do the same. MainelyMara may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. 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 MainelyMara the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) 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;
(f) 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.
For notice of claims of copyright or other intellectual property infringement, MainelyMara can be reached as follows:
MainelyMara, LLC
322 Fore Street, Suite E
Portland, ME 04102
(207) 831-MARA
MainelyMara may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this Terms of Use for the purposes of this section.
Links to Third Party Web Sites - This Site may contain links to other web sites on the Internet. Because MainelyMara has no control over such sites and resources, you acknowledge and agree that MainelyMara 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 MainelyMara 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.
Disclaimer of Warranty - ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
MainelyMara DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN MAINELYMARA, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL MainelyMara BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
Limitation of Liability – IN NO EVENT SHALL MainelyMara OR ANY OF ITS PARENT, AFFILIATES, SUBSIDIARIES OR LICENSORS BE LIABLE TO ANY USER OF THE SITE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER EVEN IF MainelyMara HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, AND MATERIALS AVAILABLE FROM THIS SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL MainelyMara, ITS PARENT, SUBSIDIARIES OR AFFILIATES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF MainelyMara. YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTACT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. By using this Site, you agree to indemnify, hold harmless and defend MainelyMara, its parent, subsidiaries, divisions and affiliates, and their respective officers, (collectively, the “Provider”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this Terms of Use, or your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any such claim. MainelyMara reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Provider.
Applicable Laws – These Terms of Use and any dispute of any sort that might arise between you and MainelyMara or its parent, subsidiaries, divisions or affiliates shall be governed by and construed in accordance with the laws of the State of Maine, without regard to its conflict of law principles. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts in Portland, Maine; provided, however, that notwithstanding anything contained in these Terms of Use to the contrary, we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection, including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens, which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. In addition, you expressly waive any right to a jury trial in any legal proceeding against MainelyMara, its parent, subsidiaries, divisions or affiliates under or related to these Terms of Use. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
Unavailability of Site; Termination; Fraud – We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site or your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and /or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, or recall any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.
MainelyMara Affiliates – MainelyMara is not affiliated with other businesses without a written agreement with us. MainelyMara reserves the right to void all service, return, and other policies for orders and services that were purchased through unauthorized sellers. MainelyMara is not responsible for any representations by unauthorized sellers.
Submissions – Any comments, questions, feedback, ideas, suggestions or other communications or information about or relating to the Site submitted by you to or through MainelyMara, such as, without limitation, the operation of, improvement to, use of or new functions for the Site (collectively, “Submissions”) shall be and remain the exclusive property of MainelyMara with no further compensation to you. As such, we will own exclusively all such rights, titles and interests in such Submissions and shall not be limited in any way in the use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY SUBMISSION TO MainelyMara BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY SUBMISSION TO OR THROUGH MainelyMara, YOU ARE WAIVING AND RELINQUISHING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU REPRESENT AND WARRANT THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO MainelyMara THAT MainelyMara IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MainelyMara, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.
Miscellaneous – Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and MainelyMara with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MainelyMara with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of MainelyMara to act with respect to a breach by you or others does not waive MainelyMara’s right to act with respect to subsequent or similar breaches. MainelyMara’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MainelyMara without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.
Modification and Notification of Changes - MainelyMara reserves the right to make changes to the Site, related policies and agreements, this Terms of Use and the Privacy Policy at any time. You should visit this page from time to time to review the then-current Terms because they are binding on you.
Last Updated: May 25, 2010
