Terms of Service

MK Marlow Company, LLC Terms of Service

Please read these terms of service (“Terms of service”, “Terms”) carefully before using mkmarlow.com, website (“Website”, “service”) operated by MK Marlow, Company, LLC (“us”, ‘we”, “our”).

Conditions of use

By using this website, you certify that you have read and reviewed the Terms and that you accept and agree to be bound and abide by these terms and our privacy policy, incorporated by reference.  If you do not want to be bound by the terms of this Agreement, you are advised to leave the website accordingly. MK Marlow Company, LLC only grants use and access of this website, its products, and its services to those who have accepted its terms.

Privacy policy

Before you continue using our website, we advise you to read our privacy policy [link to privacy policy] regarding our user data collection. It will help you better understand our practices.

Age restriction

You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to the Terms.  We assume no responsibility for liabilities related to age misrepresentation.

Changes to the Terms

We reserve the right to amend the information, services and/or content of this Website, at any time without prior notice, in our sole discretion.  We suggest that you check these terms periodically for changes.  We expressly reserve the right to monitor any and all use of the Website.

Accessing the Website

We grant you permission to view and use the Website for your own personal use, provided you agree to and accept without medication the notices, terms and conditions set forth herein.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivate works from, transfer or sell any information, material, software, products or services from the Website.

As a condition to your use of the Website, you represent and warrant to us that you will not use the Website for any unlawful, improper or prohibited purpose.  There are no assurances that your access to the Website will be available at all times and uninterrupted.  Further, we do not warrant that the operation of the Website will be error-free or that the Website or the servers that make it available are free from viruses or other harmful components.

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time for any period.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

Submissions

If you send us non-solicited information, all such information shall be deemed and shall remain the property of the Company and none of this information shall be subject to any obligation of confidence on our part and we shall not be liable for disclosure of any information and shall have unrestricted use of such information for any purpose whatsoever without compensation or liability to you or any other provider of the non-solicited information.

Intellectual property

You agree that all materials, products, and services provided on this website are the property of MK Marlow Company, LLC, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store, or transmit any of MK Marlow Company, LLC’s intellectual property and any material on the Website in any way, including electronic, digital, or new trademark registrations.

You grant MK Marlow Company, LLC a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.

If you believe that any content on the Website infringes your copyrights, you may request removal of such content by providing written notice to us at: MK Marlow Company, LLC 16116 College Oak, San Antonio, TX 78249.

Applicable law

By visiting this website, you agree that the laws of the state of Texas, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between MK Marlow Company, LLC and you, or its business partners and associates.

Monitoring and enforcement

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website, and to terminate or suspend your access to all or part of the Website for any or no reason.

 

Disputes

At our sole discretion, we may require you to submit any disputes arising from or relating to these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration conducted in Dallas, Texas under the Rules of the American Arbitration Association applying Texas law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CASUE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MK MARLOW COMPANY, LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS AND DEMANDS, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES AND FEES (INCLUDING ATTORNEYS’ FEES) THAT MAY ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF OUR SERVICES OR THE USE OF THE WEBSITE, OR YOUR VIOLATION OF THESE TERMS, INCLUDING ANY ACTION WE OR ANY AFFILIATES, LICENSEES OR SERVICE PROVIDERS MAY TAKE AS A CONSEQUENCE OF INVESTIGATION BY OR ON BEHALF OF US OR ANY LAW ENFORCEMENT AUTHORITIES.  We have the absolute right to select our own attorneys in the event of this provision is triggered as solely determined by us.

Limitation on liability

MK Marlow Company, LLC is not liable for any damages that may occur to you as a result of your use or misuse of the Website.  We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or non-performance of any activities described by these Terms.

All information provided by the Website is on an “AS IS, AS AVAILABLE” basis without warranty of any kind and, without limiting the generality of the foregoing, ANY AND ALL WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED.  We are not responsible in any way for any loss that results from the use of the factual information or the Website, including but not limited to any lost profits or direct, indirect, special, consequential, compensatory, or incidental damage.  We disclaim any liability and responsibility for any reliance placed on any such materials, information or use by you or any other visitor to the Website.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE, OUR AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Severability and Entire Agreement

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent required such that the remaining provisions of the Terms will continue in full force and effect.

These Terms, our Privacy Policy, and our terms and conditions of sale constitute the sole and entire agreement between you and us and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.