| 1. You should assume that everything you see or read on the Site is copyrighted and/or trademarked unless otherwise noted and may not be used except as provided in these Terms and Conditions without the prior written consent of Dr. Marlene Mash. Dr. Marlene Mash neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Dr. Marlene Mash.
2. Dr. Marlene Mash maintains the Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site, including but not limited to, the text, images, audio, and video for public or commercial purposes without the prior written consent of Dr. Marlene Mash.
3. While Dr. Marlene Mash uses reasonable efforts to include accurate and up to date information in the Site, Dr. Marlene Mash makes no warranties or representations as to its accuracy. Dr. Marlene Mash and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, promotions, coupons, services, products or other material on the Site. While Dr. Marlene Mash strives to keep the information on the Site accurate, complete, and up-to-date, Dr. Marlene Mash cannot and does not guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.
4. Your use of and browsing in the Site are at your risk. Neither Dr. Marlene Mash nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you -AS IS- WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL DR. MARLENE MASH AND OR ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND/OR SHAREHOLDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DR. MARLENE MASH OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Dr. Marlene Mash also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
5. You agree to indemnify, defend and hold harmless Dr. Marlene Mash and its affiliates, officers, directors, shareholders, partners and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this agreement.
6. Any communication or material transmitted by you to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Dr. Marlene Mash or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, re-transmission, publication, broadcast and posting. Furthermore, Dr. Marlene Mash is free to use any ideas, concepts, know-how, or techniques contained in any communication sent by you to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
7. Images of people or places displayed on the Site are either the property of, or used with permission by, Dr. Marlene Mash. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
8. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including, without limitation, the Dr. Marlene Mash's logo, are registered and/or unregistered Trademarks of Dr. Marlene Mash and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of Dr. Marlene Mash or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Dr. Marlene Mash will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.
10. Software from the Site is further subject to United States Export Controls. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Dr. Marlene Mash may make improvements or changes in the information, services, products, and other materials on the Site, or terminate the Site, at any time without notice. Dr. Marlene Mash may at any time revise these Terms and Conditions by updating this posting, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Accordingly, you agree to review the Terms and Conditions periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Terms and Conditions.
12. This agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Dr. Marlene Mash's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Dr. Marlene Mash and you related to this agreement or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Los Angeles and/or the Central District of California. In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.