By visiting, you are consenting to our Terms & Conditions.
The terms “we”, “us”, “our” and “Melissa Paul” refers to Melissa Paul Ltd. The term the “Site” refers to. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Melissa Paul provides a site where users can read articles on marketing, social media, running a small business, wedding, travel, and hospitality. Use of, including all materials presented herein and all online services provided by Melissa Paul Ltd, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site.
USE OF THE SITE + SERVICE
To access or use the Site, you must be 18 years or older and have the
requisite power and authority to enter into these Terms and Conditions. Children
under the age of 18 are prohibited from using the Site.
Information provided on the Site and in the Service related to marketing, small business management and other information are subject to change. Melissa Paul Ltd. makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Melissa Paul disclaims all liability for any inaccuracy, error or incompleteness in the Content.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to Melissa Paul. You retain copyright and any other rights you may rightfully hold in any content which you submit through the Service. Content you submit to Melissa Paul, remains yours to the extent that you have any legal claims therein. By submitting an order or securing services from the site, you agree to hold Melissa Paul harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
MELISSA PAUL’S INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Melissa Paul, including images, text, graphic designs, trademarks, trade dress, copyrights, proprietary information and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
CHANGES TO THESE TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Melissa Paul is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Melissa Paul has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Melissa Paul’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Melissa Paul Ltd., and if no purchase has been made by you Melissa Paul’s cumulative liability to you shall not exceed $100 USD.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites, applications and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites, applications or resources do not imply any endorsement by or affiliation with Melissa Paul. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Melissa Paul Ltd.
29185 Pin Oak Way
Easton, Maryland 21601
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Pennsylvania where this company is registered, or in the State of Maryland where the company maintains its principal business office. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Philadelphia, Pennsylvania. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicense able or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.