TERMS OF SERVICE
Myrtle Makena, LLC (collectively, “we,” “us,” or “Myrtle Makena”) provides you access to the Myrtle Makena website(s), available at the entry point URL http://myrtlemakena.com. And to the information, services, tools and other materials available on and through the “Site,” (inclusive of website and online trading tool(s)). Subject to the terms and conditions described in this document (the “Terms of Service”) and any other guidelines, rules, or licenses posted in connection with the website and online tool(s).
1. YOUR ACCEPTANCE OF TERMS.
By accessing and/or using the Site, you agree to be bound by the Terms of Service, whether you are:
A “Visitor,” meaning you simply browse the Site, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being registered, or
An “Account Holder,” meaning that you have registered with Myrtle Makena for a User ID and User Password (defined below) and will complete the exercises and activities or
The term “User” refers to a Visitor or Account Holder.
You are authorized to use the Site only if you agree to abide by these Terms of Service and all applicable laws, rules, and regulations.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SITE. MYRTLE MAKENA'S ACCEPTANCE OF YOU AS A USER IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, TO THE EXCLUSION OF ALL OTHER TERMS.
We reserve the right to change or modify the Terms of Service at our sole discretion at any time. Any change or modification to the Terms of Service will be effective immediately upon posting by Myrtle Makena on the Site.
You are responsible for periodically reviewing the most up to date version of the Terms of Service. We will provide updates here but not notify you of any changes or modifications to the Terms of Service.
Your continued use of the Site constitutes acceptance of any changes or modification made by us to the Terms of Service.
2. USER ACCOUNTS AND USER REGISTRATION.
While any Visitor can view the Site, in order to use the Site or other Healthy Markets activities, you must select a log in identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). You agree that you will never divulge or share access or access information to your User Account with any third party to permit them unpaid access to any Myrtle Makena online tool or activity.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your email address. Further information may be required, including, but not limited to, phone number, address(es), additional email addresses and other requisite information. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site and your enrollment in the Site’s tools or activities.
The Site is available to any User. However, access to portions of the Site which may include analytical tools and other activities is restricted to Account Holders that have a registered User Account. By registering, you agree that:
You are registered for the exercises and activities only once and will not set up multiple User Accounts; and
You will abide by the Terms of Service.
3. USER CONDUCT POLICY.
As a condition of accessing the Site and/or using any portion of the Site or any tool provided through the Site, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Site other than as expressly allowed under these Terms of Service; (b) use Myrtle Makena's name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders, or scripts); (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site; or (g) interfere with or disrupt the website and or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
In addition, you may not post, upload, or transmit to or otherwise make available through the Site any content, communications, or other information (collectively, “Unauthorized Content”):
That is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminate against or threatens others;
That contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
That you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
That consists of any high volume, automated or electronic means to access the Site (including without limitation robots, spiders, or scripts);
That infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
That violates the rights of other Users of the Site; or
That violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
4. MYRTLE MAKENA'S INTELLECTUAL PROPERTY RIGHTS.
The Site is owned and operated by Myrtle Makena, LLC. Myrtle Makena reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Site or any part or portion thereof, with or without notice to you. You agree that Myrtle Makena will not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Site, or any portion thereof, except for, and limited to, the amount of any prepaid subscription. Nothing in these Terms of Service shall be construed to obligate Healthy Markets to maintain and support the Site, or any part or portion thereof, during the term of these Terms of Service.
All content or other material available on the Site, including but not limited to programs, code, images, text, layouts, arrangements, displays, illustrations, documents, audio and video clips, HTML, and files (collectively, the “Content”), are the property of Myrtle Makena and/or its affiliates or licensors are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
Myrtle Makena's logos, trademarks, and service marks which may appear on the Site (“Marks”), are the property of Myrtle Makena and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Myrtle Makena, LLC.
Except as otherwise expressly permitted in these Terms of Service, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Site or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the website or analytical tools. Myrtle Makena and/or its affiliates and licensors reserve all rights not expressly granted herein to the Site, Content, and Marks.
Subject to your compliance with these Terms of Service, Myrtle Makena grants you a non-exclusive, non-transferable, non-sublicensable limited right and license to access, internally use and display the Site at your location solely as necessary to participate in and activities in or through the Site. You must abide by all copyright notices or restrictions contained on the Site or the Content. You may not delete any attribution, legal or proprietary notices on the Site or the Content.
5. USE OF PROVIDED COMMUNICATIONS METHODS
Through the Site you may be provided with the ability to post messages to Myrtle Makena or similarly communicate with Myrtle Makena, LLC. You agree to use communication methods available on the Site and online trading tool(s) only to send communications and materials related to the subject matter for which Myrtle Makena provided the communication method, and you further agree that all such communications by you shall be subject to and governed by the Terms of Service. By using any of the communications methods available on the Site, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and Myrtle Makena, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored, or approved by Myrtle Makena in any manner (unless expressly stated otherwise by Healthy Markets) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Healthy Markets in any manner, though Healthy Markets reserves the right to do so at any time at its sole discretion in accordance with the Terms of Service.
6. DISCLAIMER OF ADVICE
MYRTLE MAKENA IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. MYRTLE MAKENA DOES NOT PURPORT TO AND DOES NOT, IN ANY FASHION PROVIDE BROKER/DEALER, INVESTMENT CONSULTING OR ANY RELATED SERVICES OR FINANCIAL OR INVESTMENT ADVICE. NEITHER MYRTLE MAKENA NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OTHER PERSONNEL, REPRESENTATIVES, AGENTS OR INDEPENDENT CONTRACTORS IS, IN SUCH CAPACITIES, A LICENSED FINANCIAL ADVISOR, A REGISTERED INVESTMENT ADVISER OR A REGISTERED BROKER/DEALER. NEITHER MYRTLE MAKENA NOR ANY OF ITS PERSONNEL SOLICITS TRANSACTIONS IN SECURITIES OR OTHER FINANCIAL PRODUCTS, GIVES INVESTMENT OR FINANCIAL ADVICE OR MAKES INVESTMENT OR TRADE RECOMMENDATIONS. NEITHER MYRTLE MAKENA NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OTHER PERSONNEL, REPRESENTATIVES, AGENTS OR INDEPENDENT CONTRACTORS RECOMMENDS TRADES OR TRANSACTIONS IN SECURITIES, COMMODITIES, FUTURES, FOREX OR OTHER FINANCIAL INSTRUMENTS. NOR ARE ANY OF THEM IN THE BUSINESS OF EFFECTING TRADES OR DIRECTING CLIENT FUTURES ACCOUNTS OR GIVING FUTURES TRADING ADVICE TAILORED TO ANY PARTICULAR CLIENT’S SITUATION.
7. DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that your use of the Site and all content and services available on the Site is at your sole risk and responsibility. THE SITE (INCLUDING ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SITE AND CONTENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE SITE AND CONTENT.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MYRTLE MAKENA BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS OF SERVICE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. MYRTLE MAKENA'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT OF FEES RECEIVED BY MYRTLE MAKENA FROM THE COMPLAINING USER FOR THE USE OF THE SITE; THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT KOR GROUP WOULD NOT ENTER INTO THESE TERMS OF SERVICE OR MAKE THE SITE AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
You agree to indemnify, defend, and hold harmless Myrtle Makena, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site in violation of the Terms of Service, (b) your use or attempted use of any code, program, data, information or any other Content provided on the Site in a manner consistent with these Terms of Service, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Site, including without limitation any claim of infringement of intellectual property or other proprietary rights.
10. TERMINATION RIGHTS
You agree that Myrtle Makena, in its sole discretion, may terminate your use of the Site and Online Exercises and Activities for any reason or no reason, including, without limitation, if Myrtle Makena believes that you have (a) breached the Terms of Service; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded, or transmitted or attempted to do the same with Unauthorized Content to the Site; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Site may be effected without prior notice to you and that Myrtle Makena shall not be liable to you nor any third party for any termination of your account or any access to the Site.
11. MISCELLANEOUS PROVISIONS
You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service. In any case, you affirm that you are 13 years of age or older as the Site and any Content and activities are not intended for children under 13. If you are under 13 years of age, do not use the Site.
Myrtle Makena may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Service. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Service without the prior written consent of Myrtle Makena.
If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Myrtle Makena, LLC shall have no liability under these Terms of Service to the extent arising from any failure of Myrtle Makena to perform any of its obligations under these Terms of Service due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within Myrtle Makena's reasonable control. Myrtle Makena shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Service made by way of hacking or cracking this page.
Any delay or failure on the part of Myrtle Makena to enforce any right under these Terms of Service to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
These Terms of Service constitute the entire agreement between you and Myrtle Makena relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Site by Myrtle Makena or through a specific writing between you and Myrtle Makena.
© 2015 Myrtle Makena, LLC. All rights reserved.