Terms of Service

Update: December 2023

Introduction

This website is operated by MARYLINK. We are a company specialized in collective intelligence platforms for organizations and business ecosystems. We provide private collaborative innovation platforms with advanced collaboration features (social networking, ideation, collaborative processes…). Our services allow a group or a community to safely exchange, learn from each other and develop innovative projects.Throughout the site, the terms “we”, “us” and “our” refer to MARYLINK, and “the site”, “the platform” refers to www.marylink.io/ez/. MARYLINK offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.The site is a web platform, accessible at the following address: https://www.marylink.io/ez/ (and all the pages attached to it). It is operated by MARYLINK, a simplified joint stock company with a capital of 2,000 euros, whose head office is located at 2A CHEMIN DE LA DAME in MONTELIMAR (26200), France. MARYLINK is registered in the Montélimar Trade and Companies Register under the number 804 847 846 (“the Publisher”). E-mail address: contact@marylink.io. The Director of the publication is : Hervé MARY. The host of this site is the company A2HOSTING, INC. whose head office is located at the following address PO Box 2998 Ann Arbor, MI 48106, USA. Telephone number: +1 734-222-4678.By visiting our site and/or purchasing something from us, you are engaging in our “Service” and agreeing to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including any additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms and Conditions apply to all users of the Site, including, but not limited to, users who are browsers, vendors, customers, merchants and/or content contributors.Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these terms and conditions. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.Any new features or tools added to the current site will also be subject to the terms and conditions. You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to 1periodically check this page for changes. Your continued use of or access to the website following the posting of any changes will constitute acceptance of those changes.

By using the MARYLINK platform and its related services, you agree to these Terms and Conditions, which govern your access to and use of our SaaS platforms and services. MARYLINK offers online ordering of SaaS platforms and services, with services provided within 48 hours, and a 7-day free trial for first-time orders. These terms include an agreement to automatic billing, service renewal, cancellation policies, and data handling practices.

Article 1 – Rules of interpretation

This Agreement shall be interpreted in accordance with the following rules:

(a) any reference to a Party shall include a reference to its heirs, successors and assigns; and

(b) the term “or” is not exclusive;

(c) any reference to a document covers that document as subsequently amended or replaced (other than in violation of the provisions of the Agreement).

(d) the definition attributed to a term in the singular shall also apply to that term when used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;

(e) the calculation of time limits expressed in days, months or years shall be made in accordance with the provisions of Articles 640 to 642 of the French Code of Civil Procedure;

(f) the use of the terms “including”, “in particular” or “such as” implies that the following enumeration is not limiting or exhaustive;

(g) the headings of the Articles and Annexes are for convenience only and shall not affect the interpretation of any of the provisions of the Agreement;

Article 2 – General

The purpose of these general terms and conditions of use (hereinafter referred to as “GTC”) is to provide a legal framework for the terms and conditions of this website (the “Platform”) and the services provided by MARYLINK (“MARYLINK”) and to define the conditions of access and use of the services by the “User”. Any registration or use of the site implies the acceptance without reservation or restriction of these TOS by the user. Consequently, the User undertakes to comply with all of these GCU without reservation on each visit to the Platform. If the User accesses the Platform on behalf of a company or any other legal entity, he/she is nevertheless personally bound by this Agreement. When registering on the site via the Registration Form, each User expressly accepts these Terms and Conditions by checking the box preceding the following text: “I acknowledge that I have read and understood the Terms and Conditions of Use and I accept them”. In case of non-acceptance of the GTUs stipulated in this contract, the User must renounce access to the services offered by the site. These GTC are available on the website under the heading “GTC”. MARYLINK reserves the right to unilaterally change the content of these GTC at any time.The Organization, which must be a professional/commercial organization within the meaning of this term in the Consumer Code, and which must act within the framework of its professional activity, declares that it has the capacity required to subscribe to the above-mentioned Services, and declares that it has read the present Terms and Conditions and has accepted them.

THESE TERMS (WHICH, TOGETHER WITH ANY ONLINE ORDERING PROCESS OR ORDER FORM OFFERED BY MARYLINK THROUGH THE WEBSITE THAT INCORPORATES THESE TERMS BY REFERENCE (“ORDER FORM”), ARE COLLECTIVELY REFERRED TO AS THE “AGREEMENT”) CONTAIN IMPORTANT LIMITATIONS ON THE REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES AND LIABILITIES THAT ARE APPLICABLE TO THE SERVICES. THEREFORE, YOU SHOULD READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM REFERENCING THESE TERMS, YOU AGREE TO THE TERMS HEREIN. IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT (I) THE PERSON ACCEPTING THIS AGREEMENT IS AUTHORIZED TO ACCEPT THIS AGREEMENT ON BEHALF OF SUCH ENTITY AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND TO PERFORM ITS OBLIGATIONS HEREUNDER. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES.

By accepting these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any minor in your care to use this Site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the course of using the service, violate any laws in your jurisdiction (including, but not limited to, copyright laws). Any breach or violation of any of the Terms will result in immediate termination of your services.

We reserve the right to refuse service to anyone for any reason at any time.You understand that your content (except for credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without our express written permission.

Article 2. Use of Services

2.1 Service Description: MARYLINK provides SaaS services that include online ordering and provision of additional services within 2 working days. Each platform subscription comes with a number of tokens per month, with the option to purchase more.

2.2 Free Trial and Billing: Users are offered a 7-day free trial with a requirement to submit credit card information. Subscriptions automatically renew unless canceled. Customers can cancel anytime during the trial to avoid charges.

2.3 User Obligations: Users agree to comply with all laws, maintain the security of their accounts, and not use MARYLINK services for unlawful purposes. User content must adhere to acceptable standards and not infringe on rights.

Article 3 – Cancellation Policy and Refunds

3.1 Subscription Cancellation: Users can cancel their subscription at any time. The cancellation will become effective at the end of the current billing cycle, ensuring that users retain access until the end of the period they have paid for.

3.2 Trial Period Cancellation: If the service is cancelled within the free trial period, users will not be charged. Cancellations post-trial will not result in a refund for the current billing cycle but will prevent future charges.

3.3 Cancellation of services and refunds.

The customer can stop services at any given point of time. In that case, customers on monthly recurring plans, will only pay current month, and payment will stop the month after. 

Customers on annual recurring plans will not get refund in prorata temporis for months not used.

3.4 Modifications to Services and Terms

MARYLINK may, at its sole discretion, modify or discontinue, temporarily or permanently, the service or any part thereof, with or without notice. Users agree that MARYLINK will not be liable for any modification, suspension, or discontinuance of the service. Any changes to these terms will be communicated to users with adequate notice, and continued use of the service after such changes constitutes acceptance of the new terms.

Article 4 – Intellectual Property

The brands, logos, signs as well as all the contents of the site (texts, images, sounds…) are protected by the Code of the intellectual property and more particularly by the copyright.The user must request prior authorization from the site for any reproduction, publication or copy of the various contents created by MARYLINK. Any use for commercial and advertising purposes is strictly forbidden.Any total or partial representation of this site by any means whatsoever, without the express permission of MARYLINK would constitute an infringement punishable by articles L 335-2 and following of the Code of Intellectual Property.

Article 5 – Liability

The sources of the information on this site are deemed reliable but the site does not guarantee that they are free of defects, errors or omissions.The information provided is for general information only and has no contractual value. Despite regular updates, this site cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in this site.The user is obliged to keep his password secret. Any disclosure of the password in any form is prohibited. The User assumes all risks related to the use of his login and password. The Platform declines all responsibility.The Platform cannot be held responsible for any viruses that may infect the computer or any computer equipment of the Internet user, following use, access or downloading from this site. MARYLINK cannot be held responsible in case of force majeure or the unforeseeable and insurmountable act of a third party.

IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, DATA OR OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.4THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ITS USE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE OR THE CONTENT OF ANY WEBSITE LINKED TO THE SITE AND WE WILL NOT BE LIABLE FOR (1) ANY ERRORS, MISTAKES OR INACCURACIES IN THE CONTENT AND MATERIALS, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREON (4) ANY INTERRUPTION OR TERMINATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR MADE AVAILABLE THROUGH THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT, AND WE WILL NOT BE A PARTY TO, NOR WILL WE BE RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free. You agree that we may withdraw the service for indefinite periods or cancel the service at any time without notice. You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided on an “as is” and “as available” basis for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.In no event shall MARYLINK, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or damage, whether direct, indirect incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, lost data, replacement costs or any other similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the service or any product obtained through the service, or for any other claim related in any way to your use 5of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted or made available through the service, even if you have been advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

Article 6 – Access to the Platform

Access to the siteThe site is accessible anywhere to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at his expense.By agreeing to register for the reserved services, the User agrees to provide true and accurate information regarding his/her marital status and contact information, including his/her email address.Any User who is regularly registered can also ask to unsubscribe by going to the dedicated page in his personal space. This step will be effective within a reasonable time.

MARYLINK shall not be held liable for any event due to force majeure that causes a malfunction of the site or the server and subject to any interruption or modification in case of maintenance. In such cases, the User agrees not to hold MARYLINK responsible for any interruption or suspension of the service, even without notice.The User may contact the site by e-mail at the publisher’s e-mail address provided on this page.Create an accountThe creation of an account is a mandatory prerequisite to access the services offered by the Platform.To create an account, you must fill out a form. The information requested, including email address, must be accurate, current and complete. This information must be regularly updated to maintain its accuracy. Each User agrees to create only one account corresponding to his profile.The User’s account access codes are strictly confidential. In case of unauthorized use of the User’s account or any breach of the confidentiality and security of the User’s means of identification, the User must inform MARYLINK without delay.

Article 7 – Use of the platform

Right of access to the platform’s services

MARYLINK, in accordance with these Terms, grants Users a limited, revocable, non-exclusive and non-transferable right of access to the Platform on a strictly personal basis. Any use contrary to the purpose of the Platform is strictly prohibited and constitutes a breach of these Terms. The use of the Platform requires a connection and an Internet browser. In order to 6guarantee the proper functioning of the Platform, it is specified that the Platform is optimized for the Google CHROME and FIREFOX browsers. All hardware and software required to access the Platform are at the sole expense of the User. MARYLINK reserves the right to suspend or deny access to the Platform to one or more Users.

Publication of users

The site allows members to publish the following content: personal works, comments, articles, sharing information found on the Internet, events, ideas, projects, videos, images, photos. In his publications, the member commits himself to respect the rules of Netiquette (rules of good conduct on the Internet) and the rules of law in force. The site may exercise moderation on the publications and reserves the right to refuse to put them online, without having to justify itself to the member. Any content put online by the User is his sole responsibility. The User undertakes not to put online any content likely to harm the interests of third parties. Any legal action taken by an injured third party against the site will be charged to the User. Please note that the User’s content may be deleted or modified by the site at any time and for any reason, without notice.

Hyperlinks

Hypertext links may be present on the site. The user is informed that by clicking on these links, he will leave the present site. The latter has no control over the web pages to which these links lead and can in no way be held responsible for their content.

Obligation of users

Your comments will not violate any rights of any third party, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or computer viruses or other malicious software that may in any way affect the operation of the Service or any related web site. You may not use a false e-mail address, impersonate anyone other than yourself, or otherwise mislead us or others as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We take no responsibility and assume no liability for comments posted by you or any third party.

Users are prohibited from doing any of the following:

Content

– disseminate data, information or content of a defamatory, insulting, obscene, violent or inciting to violence nature, or of a political, racist or xenophobic nature, and in general any content contrary to the laws and regulations in force or to good morals;

– transmit, distribute, publish, destroy or save any Content accessed through the Platform;

Usage

– use the Site in a manner inconsistent with applicable laws or regulations;- sell, trade or monetize any content without the express written consent of MARYLINK ;

– sell or otherwise transfer your profile;

– harass, intimidate or threaten any of our employees or agents involved in providing any part of the Site to you;

– share your password with someone else;

– make unauthorized use of the Site, including collecting user names and/or email addresses by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

Security and Intellectual Property

– jeopardize or attempt to jeopardize the security of the Platform. This includes attempts to monitor, scan or test the vulnerability of a system or network or to breach security or authentication measures without prior express authorization from MARYLINK ;

– copy or adapt the software on the site, including, but not limited to, Flash, PHP, HTML, JavaScript or other code;

– Engage in automated use of the system, such as using scripts to send comments or messages, or using data mining, robots or similar data gathering and extraction tools;

– use manual or automatic software or devices, robots or other means to access, explore, index or retrieve any page on the Platform;

– disrupt or interrupt, directly or indirectly, the services of the Platform, impose a disproportionate burden on the infrastructure of the Platform or attempt to transmit or activate computer viruses or malware via or on the Platform;

– simulate the appearance or operation of the Platform, for example by using a mirror site;

– reverse engineer, disassemble, decrypt, decompile or otherwise attempt to obtain the source code of any underlying intellectual property;

– interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;

– Attempt to circumvent any measures on the Site designed to prevent or restrict access to the Site or any portion of the Site.

– alter or use products, logos, trademarks or any other elements protected by MARYLINK’s intellectual property rights;

– engage in unauthorized framing of or linking to the Site;

– make improper use of our support services or submit false reports of abuse or misconduct;

– attempt to impersonate another user or person or use another user’s username;

– Deceive, defraud, or mislead us and other users, including by attempting to obtain sensitive account information, such as users’ passwords;

– All content on the Platform, except that uploaded directly or indirectly (including web services) by Users (the “Content”), including designs, graphics, text, video, information, images, button icons, software, audio files and the like, is owned by MARYLINK and its partners.

– Any representation and/or reproduction and/or use of the content offered by MARYLINK, in whole or in part, by any means whatsoever, without the prior written consent of MARYLINK, is strictly forbidden and may result in legal proceedings.

– Users undertake to use the Platform in a loyal manner, in accordance with its professional purpose and in compliance with the legal and regulatory provisions, the present General Conditions and the practices in force.

Violations of system or network security may result in civil or criminal prosecution. MARYLINK will investigate the existence of such violations and may seek legal action against Users involved in such violations.

Article 8 – Data

Personal Data

The site collects and processes personal information in accordance with the law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms. In accordance with the French law on data processing, data files and individual liberties of January 6, 1978, the User has the right to access, rectify, delete and object to his personal data. The User can exercise this right by sending an e-mail to DPO@marylink.io or via his personal space;All personal data held by MARYLINK is collected lawfully and fairly. Such data is provided by Users who voluntarily and expressly agree to these Terms authorizing MARYLINK to process such data in accordance with the provisions of the Privacy Policy.

User data

We will retain certain data that you transmit to the Site in order to manage the performance of the Site, as well as data relating to your use of the Site. Although we routinely perform routine data backups, you are solely responsible for all data you transmit or that relates to any activity you undertake while using the Site. You agree that we shall have no liability to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption of such data.

Article 9 – Liability

Content of the platform

MARYLINK has no general obligation to monitor the data and content provided by Users, nor is it obliged to remove content that does not appear to be manifestly unlawful, even though it has been reported. In accordance with the provisions of these Terms, MARYLINK may in any case remove obviously illegal content and immediately suspend or terminate the account of the User in question, and ultimately the account of the Organization, without the latter being entitled to claim any compensation, provided that such removal is justified by the violation of 9any provision of these Terms. MARYLINK will, however, investigate any complaints made by a User or an Organization following such deletion or closure in a timely manner and may reconsider its decision. MARYLINK does not control the content of the Platform that is provided by Users; therefore, MARYLINK does not give any warranty on such content and shall not be liable for such content under any circumstances. MARYLINK does not guarantee that the use of the Platform by Users does not infringe the rights of third parties.

Use of the platform

The role of MARYLINK is limited to the technical presentation of the Platform. MARYLINK remains a third party to the acts performed by Users as a result of using the Platform, and shall not be liable for such acts in any way. It should be noted that the data published by Users and the information shared by them may be collected and used by other Users. As such, MARYLINK does not guarantee that the ownership of such data will be respected, it is up to the User to take all necessary measures to remain the owner of his data.The User is responsible for sending data to the Platform and may not blame the Provider, for any reason and on any basis whatsoever, for the non-receipt or loss of transmitted data. The User shall therefore make sure to save the transmitted data. MARYLINK does not guarantee uninterrupted or error-free operation of the Platform; in particular, MARYLINK shall not be liable for any interruption of access to the Platform due to maintenance work, updates or technical improvements.In any case, MARYLINK shall not be liable for any indirect or unforeseeable loss or damage suffered by Users or any third party, including loss of profits, bad investments, inaccurate or corrupted files or data, image or commercial prejudice, loss of income or profits, loss of clientele, loss of opportunities in any capacity and for any reason whatsoeverFurthermore, MARYLINK shall not be liable for any delay or non-performance of this Agreement due to force majeure as defined by the case law of the French courts.

Service changes and interruptions

We reserve the right to change, modify, or remove content from the Site at any time or for any reason, in our sole discretion and without notice. However, we have no obligation to update the information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or modify the Site at any time and for any reason without notice. You agree that we shall have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site during any period of discontinuance or interruption of the Site. Nothing in these Terms of Use shall be construed as obligating us to maintain and support the Site or to provide any corrections, updates or releases in connection therewith.

Article 10 – Agreement on Evidence

Computer systems and files shall be considered authentic in the relationship between MARYLINK and users.Consequently, MARYLINK may reasonably produce in any proceedings, for purposes of proof, the data, files, programs, recordings or other elements received, emitted or saved by means of the computer systems used by the latter, on any digital or analogue media, and use them as justification except in the case of an obvious error.

Article 11 – Severability

In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, and such determination shall not affect the validity and enforceability of the remaining provisions.

Article 12 – Accuracy, completeness and timeliness of information

We are not responsible for the accuracy, completeness or timeliness of the information provided on this site. The content of this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, complete or current information sources. Any use of the content of this site is at your own risk. This site may contain certain historical information. Historical information, by necessity, is not current and is provided for reference purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

Article 13 – Changes in service and prices

Prices of our products are subject to change without notice.We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice.We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the service.

Article 14 – Products or services

Some products or services may be available exclusively online through the website. These products or services may have limited quantities and can only be returned or exchanged in accordance with our return policy.We have made every effort to display as accurately as possible the colors and images of our products that appear on the site. We cannot guarantee that the display of a color on your computer screen will be accurate.We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We 11reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of products or services made on this site is void where prohibited.We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Article 15 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of ordering. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can process your transactions and contact you if necessary.For more details, please see our Refund Policy.

Article 16 – Optional Tools

We may provide you with access to third party tools over which we have no control or influence.You acknowledge and agree that we provide access to these tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising out of or relating to your use of any optional third party tools.Any use by you of optional tools offered through the Site is entirely at your own risk and you must ensure that you are aware of and agree to the terms and conditions under which the tools are provided by the relevant third party supplier(s).We may also, in the future, offer new services and/or features through the Site (including, the provision of new tools and resources). These new services and/or features will also be subject to these Terms and Conditions.

Article 17 – Third Party Links

Some of the content, products and services available through our service may include material from third parties.Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy and we do not 12warrant and shall have no liability for any third party material or website, or any other third party material, product or service.We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with third-party websites. Please review the third party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third party products should be directed to the third party.

Article 18 – Errors, Inaccuracies and Omissions

From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or a related website is inaccurate, at any time without notice (including after you submit your order).We are under no obligation to update, modify or clarify any information contained in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website shall be deemed to indicate that any information in the Service or on any related website has been changed or updated.

Article 19 – Compensation

You agree to indemnify, defend and hold harmless MARYLINK and its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Article 20 – Termination of the Contract

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this Agreement for all purposes.These terms and conditions are effective unless and until terminated by you or us. You may terminate these terms and conditions at any time by notifying us that you no longer wish to use our services, or when you stop using our site.These Terms of Use shall remain in effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE 13SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.If, in our sole judgment, you fail to comply, or we suspect that you have failed to comply, with any of the terms or provisions of these Terms of Use, we may also terminate this Agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or as a result, we may deny you access to our Services (or any portion thereof).

Article 21 – Full Agreement

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.These Terms and Conditions and any policies or operating rules posted by us on this Site or relating to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, all prior versions of the Terms and Conditions).Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the party who drafted them.

Article 22 – Changes to the General Conditions

You may review the most current version of the Terms and Conditions at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these terms and conditions constitutes acceptance of those changes.

Article 23 – Dispute Resolution

The conclusion, interpretation and validity of this Agreement shall be governed by French law, regardless of the country of origin of Users or the country from which Users access MARYLINK, without regard to conflict of laws principles.In the event that there is a dispute over the validity, performance or interpretation of this Contract and that it is brought before the civil courts, it will be subject to the jurisdiction of the Commercial Court of Romans (Drôme-France), even in the event of summary proceedings or multiple defendants.The User is informed that he/she can in any case resort to a conventional mediation or to any alternative method of dispute resolution (conciliation, for example) in case of dispute.

Contact

Questions about the terms and conditions should be sent to us at contact@marylink.io

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