TERMS & CONDITIONS

The following Terms of Use are entered into by and between You and The Marea Michele Company LLC and/or Beautiful Banyan (“TMMC”, “Company”, “we”,or “us”). TMMC terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our Websites, including, without limitation, mareamichele.com, beautifulbanyan.com, (the “Websites”), including any content, Facebook group pages, functionality and services offered on or through Websites), whether as a guest or a registered user.

Please read the Terms of Use carefully before you begin to use the Websites. By using the Websites or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Websites.

Any user who enrolls or registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control. The Websites are only available for individuals aged 13 years or older.

CHANGES TO TERMS OF USE

It is at our discretion to revise and update the Terms & Conditions. All changes are effective immediately when we post them, and apply to all access to and use of the Websites. Your continued use of the Websites following the posted revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding.

PRIVACY

Your use of the Websites is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

SIGN-IN NAME, PASSWORD, AND UNIQUE IDENTIFIERS

A part of the registration process for Registered Users and Members, you will need to create an account, which includes a sign-in name (“User Name”), a password (“Password”), and possibly additional information to verify your identity when you log-in in the future. (“Additional Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User/Member

, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Additional Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. We reserve the right to delete or change your Password, User Name, or Additional Identifier at any time and for any reason including if, in our opinion, you have violated any provision of these Terms of Use and shall have no liability to you for any loss or damage caused by such action.

FEES AND PAYMENT

As consideration for any purchase you make on the Websites, you shall pay TMMC all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in U.S. dollars.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize TMMC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.

COURSES, CLASSES, TUTORIALS, WORKSHOPS AND TEACHINGS (collectively referred to as Materials)

To access the Material, you must attest that you have read and agree to the terms and conditions contained in this Materials Terms and Conditions Agreement. The term “material” includes the e-course Web pages, courses and all associated materials. Read this Materials Terms and Conditions Agreement carefully. 

INTELLECTUAL PROPERTY & USE OF TMMC MATERIALS 

All Materials, along with references used in or related to the Materials, are the property of The Marea Michele Company LLC, it’s subsidaries or of third parties and used under permission granted to The Marea Michele Company LLC and may only be used in the manner detailed in this Materials Terms and Conditions Agreement. Permission to use the material in any other way must be obtained in writing from The Marea Michele Company LLC and/or the publisher or author of the material. These materials are for the sole use of individuals registered for the Materials approved by The Marea Michele Company LLC. 

As a registrant, you may view and read all materials that are part of the Materials facility. You may also print any or all screen and pdf file pages for your personal use in using the Materials, but you may not share, communicate, publish or in any manner distribute to other parties the Materials, login and password, readings, references, links or any other materials.

The terms and conditions regarding use of materials apply upon registration while you are using the Materials, and upon and after completing, withdrawing from or terminating your registration. 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Websites and the resources available for download from the Websites strictly in accordance with these Terms of Use.

The Websites contain material, such as videos, coursework, lesson plans, training materials, photographs, text, images, software, sound recordings, and other material provided by or on behalf of TMMC (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.

Visitors may view all publicly-available content for their own personal, non-commercial use. You will not use the content except as permitted under this Agreement. No other use is permitted without the prior written consent of TMMC. We retain all right, title, and interest, including all intellectual property rights, in and to the content. You must retain all copyright and other proprietary notices contained in the original content. You may not sell, transfer, assign, license, sublicense, modify, publish, reverse engineer, or transfer the content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the content in any way for any public or commercial purpose. The use or posting of the content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the content and the Websites automatically terminates and you must immediately destroy any copies you have made of the content.

COMMUNICATIONS WITH US 

Although we encourage you to email us, you should not email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

USE OF COMMUNICATION SERVICES

The Website may contain bulletin board services, chat areas, news groups, forums, communities, zoom meetings and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

You agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

ACCURACY AND PERSONAL RESPONSIBILITY

As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

NO GUARANTEES

As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.

USE OF TEMPLATES AND FORMS

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By accessing the Program and its downloadable Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

USE OF FREE OR BONUS DOWNLOADABLE CONTENT

From time to time, TMMC may provide various resources on its Websites at no cost, which users may access by providing an e-mail address. TMMC grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the content in any manner.

By downloading the content, you agree that the content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of TMMC.

By downloading the free content, you further agree that you shall not create any derivative work based upon the content and you shall not offer any competing products or services based upon any information contained in the free content.

USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL

TMMC provides various courses, programs, and associated material for sale on its Websites. Should you decide to purchase our paid courses, TMMC grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the courses in any manner.

By ordering or participating in courses, you agree that the courses you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of TMMC.

By ordering or participating in our courses, you further agree that you shall not create any derivative work based upon the courses and you shall not offer any competing products or services based upon any information contained in the courses.

COMMUNITY GUIDELINES

1. You will not upload, post, email, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
2. You will not “stalk,” threaten, or otherwise harass another person;
3. You will not spam or use the Websites to engage in any commercial activities.
4. You will not access or use the Websites to collect any market research for a competing business;
5. You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
6. You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
7. You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials.

MATERIALS MANAGEMENT SYSTEM ACCESS

You agree that you will not use any robot, spider or other device, process or means to access to TMMC Materials. Nor shall you use any process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not compromise or circumvent the security controls of TMMC Materials or otherwise gain unauthorized access to TMMC Materials. You agree that you will not use any device, software or routine that interferes with the proper working of TMMC Materials nor shall you attempt to interfere with the proper working of TMMC Materials. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works or publicly display any content from TMMC Materials without the prior expressed written permission of TMMC. 

CLIENT RESPONSIBILITY

The Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from any course, class, material or information. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the courses and extent, the results experienced by each client may significantly vary. Client acknowledges that TMMC and Marea Michele are not licensed health care or mental health care professionals. Client agrees that it is their responsibility to seek professional, licensed medical and physiological as needed. TMMC does not claim to be a substitute for professional, qualified care from a licensed provider or physician.

REFUNDS FOR MATERIALS

You may withdraw from an e- course at any time. However, once you are registered and have logged in to the course, you will not receive a refund for any reason. 

EFFECTIVE PERIOD 

1 year courses or programs are designed to be completed within a period of 12 months. Registrants have access to 1 year courses for one-year from the date of purchase. Complaints about a breach of these Participation Rules and/or this Materials Terms and Conditions Agreement should be made by e-mail to info@mareamichele.com. 

 

RESPONSIBILITY FOR LOSS

You are responsible for and will indemnify and hold TMMC/Beautiful Banyan harmless from and against any and all liability, claims and losses resulting from your actions in connection with taking the Materials and your breach of any terms and conditions of this Materials Terms and Conditions Agreement. 

GENERAL DISCLAIMER & TMMC RIGHTS

Reference materials and links provided in the Materials are provided by TMMC. TMMC does not assume responsibility or liability for the accuracy or completeness of content contained in reference materials or links. TMMC does not endorse any product, service or organization referenced. The opinions expressed from guest facilitators, teachers, contributors and external support that are included in the Materials are solely the opinions of the contributors and do not represent the opinions of TMMC, its officers, directors, staff, representatives and/or its affiliates. 

ATTESTATION

We will deny access to Materials to any individual who does not agree to the terms and conditions contained in this Materials Terms and Conditions Agreement. Further, we reserve the right to terminate access to any individual who does not abide by these terms and conditions. 

DISCIPLINARY ACTION 

Registrants are deemed and presumed to be aware of and familiar with this Materials Terms and Conditions Agreement. Any TMMC/Beautiful Banyan member, candidate or individual who is found to be violating or assisting or attempting to assist anyone in violating these Terms and Conditions is subject to termination, denial to or renovation of Materials access.