Terms and Conditions
Please review these Terms & Conditions carefully.
Last Updated: June 13, 2021
These Terms & Conditions of Use (the “Agreement“) is a legal agreement between User (referred to as “You,” “Your”) and Marissa Pollock LLC (“Website Owner,” “We,” “Our,”), the owner and developer of www.marissapollock.com (the “Website”).
Your participation in the use of the Website is conditional on Your acceptance of this Agreement and Our Privacy Policy. You are deemed to have accepted this Agreement and Our Privacy Policy by using the Website.
By use of this Website, You understand that this Website, the Business Smarter brand, and Marissa Pollock LLC is not a law firm. Nothing on this Website is legal advice and no attorney client relationship is formed by purchasing or viewing any information, guides, products, or templates. The goal of this Website is to provide general information to the masses. If you have a specific problem and need legal advice, contact a licensed attorney in your area.
GENERAL TERMS
Age of Use
All Website users must be at least 16 years old, or necessary age in the country of their residence.
Assumption of Risk
Use of this Website is at Your own risk. We take reasonable efforts to maintain and host the Website; however, We make no explicit representation or warranties as to the safety of Your use of the Website.
Contact Information
The owner of this website is Marissa Pollock, LLC, a Limited Liability Company based in the state of Minnesota of the United States, with a mailing address, PO Box 27515, Minneapolis, MN 55427. Our email address is hello@marissapollock.com.
INTELLECTUAL PROPERTY & LIMTED LICENSE OF USE
Ownership
Any and all materials, paid or free, that You access on this Website are under the sole ownership of and licensed use of Marissa Pollock, LLC.
We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, tag-lines, and trademarks (common law or federally registered) unless otherwise stated. You are not allowed to reproduce any part of Our Website, Our products, or related communications.
Limited License
By purchasing or opting to receive any template, guide, worksheet or digital product (Our Offers) available on Our site, You are granted one, limited, non-transferrable, non-exclusive, worldwide, and revocable license to the Offer You purchased or received (“License”).
This License is for non-commercial use, meaning You may access Your purchase or opt-in Offer for Your personal use or use WITHIN Your business. For clarity, You may download and/or print any Offer. You may use Offers, such as template contracts, with your clients or individuals You work with in Your business.
Prohibited Use
You MAY NOT use any Offer, whether purchased or otherwise, for commercial purposes. For clarity, You may not re-sell, trade, share, re-print or republish any Offer, in whole or in part, with anyone, including other individuals in you industry, friends, family, or clients for their use. You may not distribute, or change and reproduce any material contained in any Offer or related materials and/or communications, in whole or in part, as Your own. You may not claim ownership or use over any of Our Intellectual Property (defined below) without prior consent, including by not limited to copyrights such as guides, worksheets, workbooks, lessons, course materials, guides, and more; trademarks such as names, logos, tag-lines, or other source identifiers; trade dress including the look and feel of Our Website and any of Our Offers or any related communications and materials.
If You violate this License by giving or selling a copy of Our Offer(s) to anyone other than a client or worker where appropriate, or if You imply that anyone who gets access to Our Offer(s) has the right to use it for their commercial purposes, We reserve the right to send You a bill for the licenses You have gifted or sent to others, as well as revoke Your access to our Offer(s) permanently.
Intellectual Property
All text, designs, graphics, trademarks (common law or federally registered), service marks, copyrights, and other intellectual property rights that may exist on this Website, as well as Our Offers, available for free or purchase, are owned by and property of Marissa Pollock, LLC (“Intellectual Property” or “IP”). You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, preform, or publish any of our Intellectual Property except as expressly provided in this Agreement, or with prior written consent from Website Owner. It is a violation of federal law to use any of Our Intellectual Property, in whole or in part, and modification of any materials contained in this Website is illegal and may be prosecuted to the fullest extent permissible by law should We choose to do so, including but not limited to asking for financial penalties (damages) and/or injunctions forcing you to stop use of Our Intellectual Property immediately.
Promotion of Our Content
You MAY NOT use Our Intellectual Property contained within Our Offers in any way, which includes republishing any of Our Offers and related communications, on another website, or to any third party website, including social media platforms.
You MAY promote Our Website content or Offers with clear and obvious credit back to Our Website, with links back to the page where the materials, designs, images, text, quote, or post, or product is located, only when it is appropriate to do so, such as sharing a blog or podcast, with clear links, or with explicit permission of Website Owner. However, you may never claim any of Our Intellectual Property on Our Website as Your own (even with attribution), or use any Intellectual Property within Our Website or Our Offers that are attributed to a third party.
TERMS OF PURCHASE
We understand the You are investing Your business by investing in any of Our Offers, which is why We aim to provide great quality Offers. We want You to be satisfied with Your purchase, however, there are limitations to refunds due to the nature of Our Offers being digital products.
General Refunds
Due to the nature of digital products, refunds will not be issued once an order has been placed, and the product has been downloaded. If You change Your mind and have not downloaded the product, a refund can be issued upon request within 14 days. Downloads are closely monitored to ensure You are able to successfully access digital products.
We recommend you contacting us if You have any questions before You purchase.
If You are unable to download the product, please contact Marissa Pollock, LLC at hello@marissapollock.com within 7 days for assistance.
Contract & Legal Templates
All of Our Contract and Legal Form Templates are non-refundable upon purchase due to the nature of the digital product being immediately available, and the access You have to legal language that is contained within the download.
Chargebacks
You agree to make every attempt to contact the Company prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of the materials afforded to You in exchange for Your original purchase. We reserve the right to present proof of Your access to these Terms & Conditions of Use to the financial institution investigating the dispute.
GUARANTEES, LIABILITIES, & DISCLAIMERS
Warranties
We do not give any warranty or other assurances as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on the Website, beyond reasonable efforts to maintain the site, or on any third-party website which may be accessed by a link from this website. To the maximum extent permitted by lay, We provide Our Website, related information or services, and Offers on an “as is” basis without any warranties, representations, or guarantees of any kind, expressed, implied, statutory or otherwise, including by not limited to warranties of non-infringement, merchantability, or fitness for a particular purpose. We will not be liable for any losses, injuries, or damages from the display or use of this information.
Limitations of Liability
By using the Website, Offers, or any additional services or products provided by Website Owner, You agree that in no event will Website Owner, its officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of Your access to the Website and use of any Offers.
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
Legal Disclaimer
Our website is intended to be used for informational and educational purposes only. No attorney-client relationship is created through Your use of this Website, purchase or opt-ins of Our Offers, or any related communication.
By purchasing or opting in to any Offer, You acknowledge that the Company is not a law firm, and We cannot guarantee Your purchase will not result in harm to You. Further, any purchase of a Contract or Legal Form Templates does not create an attorney client relationship, and the Template will need to be modified by You, or can be taken to an attorney in Your area.
Your use of the content on this Website or content from Our Offers, emails, or related communications, is at your own risk. The Company does not guarantee any results from using this content. It is Your responsibility to do your own research, consult, and obtain a professional for Your medical, legal, financial, health or other help that You may need for Your situation.
Earnings Disclaimer
We make no income or financial claims, nor guarantees of any kind regarding financial gains or potential income that can be generated through any communications with Website Owner, interaction with the Website, or any purchase or opt-ins of Our Offers. There is no guarantee you will earn money by any use of this Website, Our Offers, or related materials.
Third Party Disclaimer
While We may reference results, outcomes, or situations from other users on this Website, We make no guarantee as to the likelihood of success, or to the accuracy of any third party statements as it relates to You, Your situation, and any results Your receive.
Testimonials Disclaimer
Any testimonials published on Our website are voluntarily provided. The testimonials are representative of each user’s unique experiences, and the exact outcomes and results will be unique and individual to each user individually.
Comments Disclaimer
The Website welcomes comments on blog posts. All comments submitted to the Website are the opinions of the author and do not necessarily reflect or represent the views, policies or positions of Website Owner. Website Owner reserves the right to use its own discretion when determining whether or not to remove offensive comments or images.
Indemnification
You agree at all times to indemnify and hold harmless Website Owner, as well as Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, 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 Our Website or Offers.
MISCELLANEOUS
Affiliates
This site may use affiliate links to sell certain products or services. The Company, by use of affiliate links, intends to only recommend products or services that it believes will bring value to You. We use reasonable efforts to notify You of these affiliate links as used within the website. We disclaim any and all liability regarding Your purchase through any of these affiliate links, and You accept express liability for any use of these affiliate links contained on this website or any related communications, including email marketing.
Completeness
This Website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this Website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at hello@marissapollock.com.
Availability & Malicious Code
The Company cannot guarantee access to Our Website. You acknowledge that access to Our Website may be restricted or limited from time to time for repairs, maintenance, or updates, (Internal Limitations), and that access may be slow or incomplete for any reason such as internet traffic, server overloads, or network failures or delays (External Limitations). The Company will try to limit the frequency and duration of any Internal Limitations as able to do so. You acknowledge that to the fullest extent permissible by law, the Company is not liable for damages or any recourse if Our Website is unavailable due to any External Limitations.
The Company takes commercially reasonable precautions and measures to prevent the introduction and proliferation, and reduce the effects, of any viruses, worms, trojan horses, back doors, and other malicious code on the Website, however, We make no explicit representation or warranties as to the safety of Your use of the Website.
Confidentiality
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Waiver
The failure of the Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any Waiver of this Agreement by Website Owner must be in writing and signed by an authorized representative of the Website Owner.
Amendments & Updates
The Website Owner reserves the right to amend and change the terms of this Agreement at any time and without notice to you. You are bound by any changes made to this Agreement.
Website owner will make reasonable efforts to notify You of any Updates to this Agreement, such as sending update notifications to Your email if you have signed up for Our email list.
Severability
If any provision of this Agreement is deemed void, unlawful, or unenforceable, the remaining provisions will remain in full force and effect.
Termination
If at any point, We feel like You have violated any of these Terms & Conditions, then We may terminate, at any time, with or without notice, Your use of Our Website and any related communications, including blocking your IP address, as We deem appropriate or necessary.
Governing Law
You agree that any dispute related to this Agreement will be governed by the laws of the state of Minnesota, excluding its conflict of law provisions. In the event of any dispute related to this Agreement, You and Website Owner will submit to the jurisdiction and venue of Hennepin County, Minnesota.
All Rights Reserved
All rights not expressly granted in this Agreement are reserved by Website Owner.
Consent
By using Our website, You hereby consent to these Terms & Conditions, including Our Privacy Policy.
View our Privacy Policy here.
Entire Agreement
The terms of the Privacy Policy together with these Terms and Conditions constitutes the entire Agreement between You and the Company as it relates to this Website and Our Offers, including any products, purchases, or services.