Terms of Service

Last updated: November 7, 2019

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://marioframework.com/ website and any online courses hosted here or on any learning management systems (the “Service”) operated by MARIO Framework, LLC (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications
————–

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Content
——-

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, including any and all MARIO Courses, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service, including any and all MARIO Courses, and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service, including any and all MARIO Courses, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

MARIO Framework, LLC has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of MARIO Framework, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

You may use and/or modify content found on or through this service only to help student learning in your classroom.  If you are sharing any content, original or modified, as part of a professional development program, you must first obtain express advance written permission from us, in addition to giving credit to the MARIO Framework, LLC.

Accounts
——–

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all
activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property
———————

The Mario Framework, the stylized design, and the 1-1 conference logo are registered trademarks of the Mario Framework.

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MARIO Framework, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MARIO Framework, LLC.

All Intellectual Property Rights in Online MARIO Courses and the speeches made by instructors in the MARIO Courses are, and remain, the intellectual property of MARIO Framework, LLC or its licensors, whether adapted, written for or customized for the Client or not.

You are not authorized to:-

(i) copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission; You may, however, use the course materials to deliver content and instruction in your classroom when working with students aged 5-20 years old;

(ii) record on video or audiotape, relay by videophone or other means the Online Course;

(iii) use the Course Materials in the provision of any other course or training;

(iv) remove any copyright or other notice of Philip Bowman or MARIO Framework, LLC on the Course Materials;

Breach by you of the previous clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

MARIO Course Fees
————————

The Fees for the Services shall be as set out on the Website at the time you placed an order for them.

Fees for the Service selected by you on the Website shall be debited from your credit/debit card at the time of purchase.  Fees must be paid in full prior to you attending any Taught Course or accessing any Online Course.

If payment is not made for the Service selected by you on the website, an erroneous confirmation message is sent to you, that confirmation message is null and void. Payment must be made to access services.

Fees for the Service selected by you on the Website are non-refundable, even if the user cancels or does not intend to use the Service, and supersede any written or oral agreement. The exception to this statement is that MARIO Framework, LLC does retain the right, for any reason, to refund any payments.

Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and MARIO Framework, LLC shall not be responsible for these.

You shall be responsible for all costs you incur in connection with your access onto any Online Course.

There is no right to cancel or vary your purchase of Services and any other cancellation and/or variation of course dates will be at the entire discretion of MARIO Framework, LLC.

Links To Other Web Sites
————————

Our Service may contain links to third party web sites or services that are not owned or controlled by MARIO Framework, LLC MARIO Framework, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that MARIO Framework, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

We have implemented reCAPTCHA on our site and the use of reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.

Termination
———–

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

  1. fail to pay your course fees
  2. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of MARIO Framework, LLC, any teacher or lecturer who provides the MARIO Courses or any student who attends any MARIO Courses;
  3. cheat or plagiarise any work which you are required to prepare or submit for MARIO Courses
  4. steal or act in a fraudulent or deceitful manner towards us or our employees or any other students who attend any MARIO Courses;
  5. are intoxicated through alcohol or illegal drugs while on our premises;
  6. are in breach of these terms and conditions.

Indemnification
—————

You agree to defend, indemnify and hold harmless MARIO Framework, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability
———————–

In no event shall MARIO Framework, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

Although MARIO Framework, LLC aims to provide the Services to the highest standards of the industry, neither it, nor its instructors accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.  No implied conditions, warranties or other terms apply (including any implied terms as to the satisfactory quality, fitness for purpose or conformance with description).

MARIO Framework, LLC’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course in relation to which a dispute has arisen.

No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

Disclaimer
———-

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

MARIO Framework, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Force Majeure
—————

MARIO Framework, LLC shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the instructor’s family, illness of the instructor, Government law or regulation.

Exclusions
———-

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Board Members “Innovators”
———-

It is unlawful to share or discuss information discussed in MARIO Board meetings or available on any MARIO Google Drive Folder with individuals not on the current MARIO Board. Specific information may be shared with individuals given explicit permission by Philip Bowman to access aforementioned specific information./p>

Any ideas, concepts, or resources created during MARIO Board meetings, or as a result of a MARIO Board meeting, is the Intellectual Property of MARIO Framework, LLC.

A pre-requisite to board membership is an agreement to the aforementioned legal statements.

Governing Law
————-

These Terms shall be governed and construed in accordance with the laws of Georgia, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes
——-

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will
be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion

Data Protection
——-

The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing or using the Services you agree to this Use:

When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications.

To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

MARIO Framework, LLC endeavour to take all reasonable steps to protect your Personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

Contact Us
———-

If you have any questions about these Terms, please contact us at PhilipBowman@MarioFramework.com