Terms of Service

Effective Date: March 20th, 2025

Last Updated: February 22nd, 2026

1. Introduction

Welcome to Marc Accetta’s back-office platform (the "Website" or "Service"). The Website is owned and operated by MARCACCETTASEMINARS, INC. ("Company," "we," "our," or "us"). These Terms of Service govern your use of our platform, services, and any related features. These Terms also govern your participation in any messaging programs, including SMS, WhatsApp, and automated or prerecorded voice communications, where applicable.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WEBSITE. By accessing or using the Website, you agree to abide by these Terms of SERVICE. If you do not agree, you must discontinue use of our Website immediately. Additional terms may apply to specific services, and in the case of any conflicts, these Terms of Service shall prevail.

2. Privacy & Account Responsibilities

Your use of our Website is also governed by our Privacy Policy, which details how we collect, use, and protect your data.

We may sell products appropriate for all age groups, but sell them to adults who can purchase with a credit card or other allowed payment method. If you are under 18, you may use the Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. You are responsible for keeping your account credentials private & secure. If you provide a phone number, you represent that you are the subscriber or customary user of that number and authorized to provide consent to receive communications at that number.

3. Consideration

You agree that these Terms of Service are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

4. Acceptable Use & Licenses

All content contained on our platform and associated products & websites (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the platform and associated products is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the platform & associated products are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal use of the platform. No Content of the platform or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the platform. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

5. User and Protection of Password and ID

We will assign an account ID to your created account so you can access and use certain areas and services on our platform and associated websites. Each user who uses such assigned password and ID shall be deemed to be authorized by you to access and use the Website, and we shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND US, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE PLATFORM AND ASSOCIATED WEBSITES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF THE PLATFORM IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE PLATFORM) THAT MAY RESULT FROM SUCH ACCESS OR USE.

6. Submissions

You may send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.

Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.

You represent, warrant and agree that: you own or otherwise control all of the rights to all User Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Service, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User Generated Content. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.

7. Platform-Related Content

You should be aware that when you visit the platform, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of service and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.

8. Disclaimer of Warranties

The content and products sold on the platform and associated websites is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non infringement. we do not warrant that the functions contained in any content (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the platform, affiliated websites, or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of service, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the website including, without limitation, any third party site or service linked to from the website (and specifically no representation or warranty of correctness, accuracy, completeness, reliability or safety).

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the platform or affiliated websites. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the website or third party information, content or materials contained on our website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. you hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the website (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to or through any such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. We make no guarantees regarding business results, income, or performance outcomes from participation in our programs.

the platform, websites and products/services contained thereon are not substitutes for the advice and treatment of a licensed professional. not all products and services are suited for everyone. The creators of any products/services do not assume, and shall not have, any liability to users for injury or loss in connection therewith. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment or any action following the information offered or provided within or through the website. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist, such as a licensed psychologist, physician or other health professional. Never disregard the medical advice of a psychologist, physician or other health professional, or delay in seeking such advice, because of the information offered or provided within or through the platform or affiliated websites.

You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release and discharge all indemnified parties (as defined below) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against any indemnified party for personal injury or property damage.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

9. Indemnification

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

10. Limitation Of Liability

Under no circumstances (including negligence) shall we be liable to you or anyone else for any direct, indirect, incidental, special or consequential damages (including lost profits), personal injury (including death) or property damage of any kind or nature whatsoever that arise out of or result from: (a) the use of, or any inability to use, the platform or any content or functions thereof; or (b) any act or omission, online or offline, of any user of the platform or anyone else, even if we have been advised of the possibility of such damages. in no event shall our total liability to you for all loss, cost, damage, liability or expense (including attorneys fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to the platform, or $100, whichever is greater.

Under no circumstances shall we or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties. Neither we nor any other indemnified party is responsible or liable for: (a) any incompatibility between the platform and any site, service, software or hardware; or (b) any delay or failure you may experience with any transmission or transaction related to the platform.

The limitations, exclusions and disclaimers herein and elsewhere in these terms of service apply to the maximum extent permitted by applicable law.

Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of service, so such exclusions, limitations or disclaimers may not apply to you.

11. Copyright Complaints

We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our procedure and notify us about the potential copyright infringement at info@marcaccetta.com

12. Messaging & Communications

12.1 Consent to Communications

By providing your phone number and affirmatively opting in where required, you expressly consent to receive communications from MARCACCETTASEMINARS, INC., including marketing and promotional communications, via:

email
SMS (text messages),
MMS,
WhatsApp messages,
Phone calls,
Calls using automated technology,
Calls using prerecorded or artificial voice technology.

You understand and agree that such communications may be sent using an automatic telephone dialing system or similar technology.

Consent to receive marketing communications is not required as a condition of purchasing any goods or services.

12.2 Voluntary Participation

Participation in any messaging program is voluntary. You are not required to opt in to receive text messages or calls in order to create an account, access the platform, or purchase products or services.

12.3 Message Frequency

Message frequency may vary based on your interaction with our platform, participation in programs, purchases, loyalty activity, referrals, or other engagement. We reserve the right to alter the frequency of messages at any time.

12.4 Message & Data Rates

Message and data rates may apply depending on your mobile carrier and plan. You are solely responsible for any charges incurred from your wireless provider.

12.5 Opt-Out & Revocation of Consent

You may opt out of receiving text messages at any time by replying:

STOP

You may receive a confirmation message verifying your opt-out.

To request assistance, reply:

HELP

or contact us at support@marcaccetta.com

You may revoke consent to receive phone calls by contacting us at support@marcaccetta.com

or by following any opt-out instructions provided during the call.

Opting out of one type of communication (e.g., SMS) does not automatically opt you out of all communications unless explicitly requested.

We will process opt-out requests within a reasonable time as required by applicable law.

12.6 Representations Regarding Phone Number

By providing a phone number, you represent and warrant that:

You are the subscriber or customary user of the phone number provided;
You are authorized to provide consent to receive communications at that number;
The phone number is accurate and current.

You agree to update your phone number promptly if it changes. We are not responsible for communications sent to a phone number that you have reassigned or no longer control.

12.7 Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

12.8 No Guarantee of Delivery

We do not guarantee that messages will be delivered without delay or interruption. Delivery may be affected by:

Carrier filtering,
Network outages,
Device limitations,
Platform errors,
Force majeure events.

12.9 Changes to Messaging Programs

We reserve the right to modify, suspend, or terminate any messaging program at any time without notice.

Material changes to messaging terms will be reflected in these Terms of Service.

12.10 Compliance with Law

All messaging programs are intended to comply with applicable laws, including but not limited to:

The Telephone Consumer Protection Act (TCPA),
The CAN-SPAM Act,
CTIA Messaging Principles,
Applicable state telemarketing laws.

Nothing in this section limits your rights under applicable law.

13. Loyalty Program

Our Loyalty Program is designed to reward users who engage with our platform and successfully refer others to do the same. By participating in this program, users agree to the following terms:

13.1 Eligibility

Anyone can participate in the Loyalty Program by completing any of the following actions:

Signing up for selected webinars;
Completing the personality test questionnaire;
Registering through our loyalty platform.

13.2 Referral Mechanism

Upon completing any of the above actions, users will receive unique referral links. These referral links can be shared to earn predetermined rewards, which are unlocked when a user reaches a specific number of successful referrals. A referral is considered successful when a new user completes any of the eligibility trigger actions (i.e. webinar signup, personality test completion, or back-office registration) within a 30-day attribution window using the referring user's unique link. The last-click attribution model will be used to determine which referrer receives credit for the referral.

13.3 Limitations and Restrictions

A user can only be attributed to one referrer.
If a referred user is already attributed to another user, the new referral will not count.
A single user can only count as one referral point, regardless of how many actions they complete.
Loyalty rewards have no cash value and are not transferable unless expressly stated.
We reserve sole discretion in determining referral validity.

13.4 Fraud Prevention and Program Violations

We reserve the right to invalidate referrals or withhold rewards if we determine that any fraudulent or malicious activity has taken place. Users engaging in spam, false signups, self-referrals, or any other deceptive practices will be disqualified from the program and may face account suspension or termination. Our decision on referral validity and reward distribution is final and binding. We reserve the right to modify or terminate the Loyalty Program at any time without prior notice.

14. Affiliate Program

The Affiliate Program allows approved users to earn commissions by referring customers to purchase specific products on our platform.

14.1 Enrollment and Eligibility

To participate, users must first register on the platform and then submit an affiliate program application. We accept applications from U.S. and non-U.S. entities as well as U.S. and non-U.S. individuals. Different legal and tax rules may apply depending on the applicant's residency or business structure. Approval into the program is at our sole discretion. We may reject applications for any reason, including but not limited to concerns about compliance, reputation, or past behavior. If selected, affiliates must provide accurate and verifiable information, including tax identification or other relevant documents. Providing false or misleading information may result in immediate termination from the program and potential legal consequences. Affiliates are solely responsible for complying with all applicable advertising, disclosure, and marketing laws, including FTC endorsement guidelines.

14.2 Affiliate Links and Attribution

Upon successful enrollment, affiliates will receive unique affiliate tracking links. When a referred user clicks an affiliate link and makes a purchase within 7 days (the “attribution window”), the affiliate will earn a commission. Attribution is determined based on a last-click model, meaning the affiliate whose link was last clicked before the purchase will receive the commission. The commission is calculated as a percentage of the net sale price (excluding sales tax, VAT, or other applicable charges). Commission rates may vary per product and per affiliate.

14.3 Payouts and Payment Processing

Affiliate commissions are processed monthly and paid out by the 15th of each month for sales made in the previous month. Payouts will only be made using approved payment methods. If an affiliate does not have access to a supported payment method, payments may be delayed or forfeited. Commissions are not considered valid until the refund period for the sale has passed. Any sales that are refunded or disputed will not be eligible for affiliate commissions. If an affiliate fails to provide accurate payment details or does not comply with required tax or identification requirements, payments will not be issued, and we are not responsible for any resulting losses.

14.4 Prohibited Activities and Violations

Affiliates must conduct marketing in a truthful and ethical manner. Affiliates may not:

Use misleading or deceptive claims in their promotions;
Make false statements about the products, platform, or company;
Engage in spamming, unauthorized paid advertising (e.g., bidding on brand keywords), or any fraudulent activity;
Engage in self-referrals or other schemes designed to manipulate the program;
Use trademarked materials, logos, or branding without prior approval.

Any violations may result in immediate termination from the program, forfeiture of earned commissions, and potential legal action.

14.5 Termination and Withholding of Payments

We reserve the right to terminate an affiliate’s participation in the program at any time for any reason. If an affiliate is found to have violated any terms, we may withhold unpaid commissions, cancel pending payments, and revoke their affiliate membership without notice. We also reserve the right to modify or terminate the Affiliate Program at any time without prior notice. Changes will be effective immediately upon posting on the platform. Participation in the Affiliate Program constitutes acceptance of these terms. If you do not agree, you should not apply or participate in the program.

15. Payments, Transactions & Refunds

This section governs the payments, transaction processing, and refund policies for all purchases made on our platform, including but not limited to webinars, masterclasses, bootcamps, coaching sessions, keynotes, and event organization. These terms apply to both business-to-business (B2B) and business-to-consumer (B2C) transactions conducted within and outside the United States.

15.1 Payment Methods and Processing

All transactions are processed through approved third-party payment gateways, including but not limited to Stripe, PayPal, wire transfers, or other payment processors as designated by us.

We accept payments in multiple currencies, but the final charged amount may be subject to exchange rate differences and transaction fees imposed by financial institutions.

By making a purchase, you authorize us to charge your provided payment method for the full transaction amount.

We are not responsible for any additional transaction fees, currency conversion fees, or processing delays caused by third-party payment providers.

By purchasing digital products that are made immediately available upon purchase, you acknowledge and agree that you waive any statutory right of withdrawal where applicable.

15.2 Taxes and Additional Charges

All prices displayed may include or exclude applicable taxes (depending on where you are viewing from). This includes (or excludes) sales tax, VAT, other taxes, or other government-imposed levies.

Customers are responsible for any applicable withholding taxes, duties, or additional levies imposed by their respective jurisdictions.

The final sales transaction and invoices will always include all applicable taxes based on your location (sales tax, VAT, other taxes, government-imposed levies applicable based on the customers location).

For B2B transactions, certain tax exemptions may apply, but it is the responsibility of the purchasing entity to provide valid tax exemption documentation before completing the purchase.

15.3 Subscription & Recurring Payments

Some products or services may be offered on a subscription basis, where payments are automatically charged at regular intervals.

Users are responsible for managing their subscription status, including canceling any unwanted recurring charges before the renewal date.

By purchasing a subscription, you authorize recurring charges until canceled.

Refunds will not be issued for failure to cancel a subscription before the billing cycle renews.

15.4 Refund Policy

Refunds are only provided under specific conditions, which may vary depending on the product or service purchased.

Colors Personality Report: Personality reports are digital products that get generated upon purchase. Refunds are not available for these.

Webinars, Masterclasses, and Bootcamps: Refund requests must be submitted within 7 after the purchase has been made, but not less than 7 days before the scheduled event. If any of these are not live and subject to participation, or are a combination of different types of digital content that becomes partially or fully available upon purchase, then refunds for these products are not available.

Coaching Sessions: Refund requests must be submitted within 7 days of purchase, but not later than 7 days before the scheduled session.

Keynotes & Event Organization Fees: Payments made toward keynotes or event organization services are non-refundable unless explicitly agreed upon in a written contract.

Refund requests must be made through our support team at support@marcacccetta.com and must include proof of purchase.

Refunds are processed using the same payment method used for the original transaction and may take up to 14 business days to be credited.

We reserve the right to deny refunds if the request does not meet our policy criteria or if we suspect fraudulent activity.

15.5 Chargebacks & Payment Disputes

Unauthorized chargebacks will result in immediate account suspension and may lead to legal action. If you believe a charge was made in error, you must first contact our support team to resolve the issue before initiating a dispute with your bank or payment provider. Any disputes initiated without prior communication may result in forfeiture of future purchases and participation in our programs.

15.6 Fraud Prevention and Transaction Security

We actively monitor all transactions for fraudulent activity and reserve the right to cancel any order, refund payments, or terminate accounts suspected of engaging in fraud. Users found to be engaging in fraudulent transactions, including using stolen credit cards, submitting false chargebacks, or manipulating the system, will be banned permanently and may be reported to relevant authorities. We are not liable for breaches caused by third-party processors.

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15.6 Modifications to Payment & Refund Policies

We reserve the right to modify our payment, transaction, and refund policies at any time.

Any changes will be effective immediately upon posting on our platform, and continued use of our services after modifications will constitute acceptance of the new terms.

By making a purchase on our platform, you acknowledge and agree to these terms. If you do not agree with these policies, please do not proceed with any transactions.

Material changes to messaging terms will be communicated where required by law.

16. Amendment

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Service at any time without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any change to these Terms of Service will constitute your assent to and acceptance of the revised Terms of Service.

17. Termination

These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Service or otherwise. If you terminate these Terms of Service, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:

MARCACCETTASEMINARS, INC.
5504 Frankford Ct Dallas, TX 75252-4963

We may terminate these Terms of Service (including your access to and use of the Platform and products) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the platform and destroy all materials obtained from it and all related documentation and all copies and installations thereof, whether made under these Terms of Service or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms of Service, which by their nature should survive the termination of these Terms of Service, shall survive such termination.

18. Applicable Law & Disputes

These Terms of Service, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Service, will be governed by the laws of the United States of America and the State of Texas, without regard to principles of conflicts of law and as if these Terms of Service were a contract wholly entered into and wholly performed within the State of Texas. These Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. You agree that any dispute will be resolved on an individual basis and not as part of any class or representative action.

Any dispute relating in any way to your visit to the Platform or to products you purchase through the Products shall be submitted to confidential binding arbitration in Dallas, Texas, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Dallas, Texas, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms of Service shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise.

19. Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you via email, SMS, WhatsApp, phone call, or posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Miscellaneous Legal Provisions

We may discontinue the Platform and Products purchased from the Platform or connected websites at any time and for any reason, without notice. We may change the contents, operation, or features of the Platform at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Service or your use of the Platform. Nothing contained in these Terms of Service is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms of Service or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Service as to that breach or any other.

If any provision of these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Service constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.

21. Contact Information

For any questions regarding the Terms of Service, please contact us at info@marcaccetta.com