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Terms of Use

Last Updated April 22, 2022

Thank you for your interest in Denisse Marie. Denisse Marie provides coaching, courses and digital products education and training in the fields of business operations and marketing for entrepreneurs and small businesses. Denisse Marie is a Florida sole proprietorship (“DM”).

These Terms govern your use of the denissemarie.com website, our other sites, microsites and apps that post it (collectively referred to as the “Website”). These Terms do not apply to our websites, micro-sites, apps, or platforms that post different Terms. By accessing our Website, you agree to be subject to these Terms. If you do not agree to any of these Terms, you may not use our Website.

These Terms of Use are presented in a layered format. Click thru to jump to a specific section.

  1. Privacy and Cookie Policies.

When you agree to these Terms, you are also agreeing to our Privacy and Cookie Policies which can be found here and here

  1. Who Can Use Our Website?You may not use our Website if you are:
      1. A minor. None of our Products is intended for use by minors. If you are a minor or under age thirteen (13), you may not use our Website.
      2. Barred by law. You may only use our Website or our products if you are not prohibited by any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving our Products or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid products from Denisse Marie.
      3. A robot or using a program. All access to and use of our Website via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of our Website is strictly prohibited. Notwithstanding the foregoing, and solely with respect to a single sign on exception, Denisse Marie grants the operators of public search engines permission to use spiders to index materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Denisse Marie reserves the right to revoke these exceptions either generally or in specific cases. You may not collect or harvest any personally identifiable information, including account names, from our Website, nor use the communication systems provided by our Website (e.g., comments, email) for any commercial purposes. You may not solicit, for commercial purposes, any users of our Website with respect to their Content.
  2. Your Content.Any “Content” (defined below) you submit to Denisse Marie (including personal data and the personal data of others), and including text, graphics, photos, documents, video and audio recordings, to be used on our Website is subject to these Terms and the following conditions:
      1. Privacy. We know that by providing us your Content, you trust us to treat it appropriately. Denisse Marie’s Privacy Policy describes how we will treat your Content and personal data. You in turn agree that Denisse Marie may use and share your Content in accordance with our Privacy Policy and these Terms.
      2. Authority. You shall be solely responsible for your Content and the consequences of uploading, submitting and publishing your Content with respect to our Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your Content; and
      3. License. You retain the ownership rights in your Content. However, by submitting such Content to Denisse Marie, you hereby grant Denisse Marie a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, the Content, including any logo, in connection with our products and Denisse Marie’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing and redistributing part or all of our products (and derivative works thereof) in any media formats and through any media channels.
      4. Copyrighted material. Content you submit to our Website may not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Denisse Marie all of the license rights granted herein. Denisse Marie does not permit copyright infringing activities and infringement of intellectual property rights on our Website and Denisse Marie will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Denisse Marie reserves the right to remove Content without prior notice. To notify us of a trademark violation, please email us at info@denissemarie.com. Denisse Marie reserves the right to remove Content without prior notice for any reason whatsoever.
      5. Prohibited content. You may not submit any Content or other material, or encourage others to act in a manner, that is:
        • llegal. Violates applicable local, national, and international laws and regulations.
        • Infringe. Infringes upon another person or entity’s copyright or intellectual property rights.
        • Offensive, libelous, harmful. Offensive, threatening, libelous, defamatory, pornographic, obscene, harmful, abusive, harassing, tortuous, defamatory, vulgar, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Denisse Marie, in Denisse Marie’s sole discretion.
      6. No endorsement. Denisse Marie does not endorse any Content submitted by any user, third party, or any opinion, recommendation, or advice expressed therein, and Denisse Marie expressly disclaims any and all liability in connection with such Content.
      7. No pre-screening. Denisse Marie does not review or pre-screen the contents of data uploaded or posted to our Website by users 
  3. Third Party Content.Our Website may contain links to third-party websites that are not owned or controlled by Denisse Marie. Denisse Marie has no control over and assumes no responsibility for the Content, privacy policies, or practices of any third-party websites. In addition, Denisse Marie will not and cannot censor or edit the Content of any third-party site. Denisse Marie shall have no liability arising from your use of any third-party website. You understand that when using our Website, you may be exposed to Content from a variety of sources and that Denisse Marie is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you waive, any legal or equitable rights or remedies you have or may have against Denisse Marie with respect thereto, and, to the extent permitted by applicable law, indemnify and hold harmless Denisse Marie, its owners, operators, affiliates, licensors, and licensees to the fullest extent permitted by law regarding all matters related to your use of our Website
  4. Prohibited Acts.You may not:
    1. Reproduce or resell. Reproduce, duplicate, copy, sell, resell or exploit access to our Website, including, but not limited to the HTML or any visual design elements without the express written consent of Denisse Marie.
    2. Tamper. Modify, reverse engineer, decompile, adapt or otherwise tamper with our Website or modify another website so as to falsely imply that it is associated with our Website, Denisse Marie, or any other product, software, or service provided by Denisse Marie.
    3. Interfere. Interfere with, disrupt or attempt to interfere or disrupt our Website, our domains, websites, servers, networks, services, or other equipment connected to our Website.
    4. Infringe. Use our Website in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or in violation of these Terms.
    5. Send spam. Use our Website to upload, post, host, or transmit unsolicited bulk e-mail “Spam”.
    6. Install malware. Use our Website to upload, post, host, or transmit viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
    7. . Harm minors. Harm minors in any way.
    8. Impersonate. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
    9. Violate the law. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to international human rights or privacy laws, regulations, or principles.
    10. Promote terrorism. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
    11. Store certain data. Collect or store personal data about other users.
    12. No disabling security features. You may not circumvent, disable or otherwise interfere with security-related features of our Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Website or the Content therein.

     

  5. Our Copyright and Intellectual Property Rights.Our Website and Website Content are protected by the copyright laws of the United States and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to these Terms, all ownership, license, intellectual property and other rights and interests in and to our Website and Website Content shall remain solely with Denisse Marie.
    1. Trademarks. The Website and Content, trademarks, service marks and logos (“Marks”) on our Website, are owned by or licensed to Denisse Marie, and are subject to trademark and other intellectual property rights under the law.
    2. Intended use only. You may access the Denisse Marie website for your informational use solely as intended through the provided functionality of our Website and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of the Denisse Marie website, its Content, or our Website for any other purposes without the prior written consent of Denisse Marie or the respective licensors of the Content. Denisse Marie and its licensors reserve all rights not expressly granted in and to our Website and Content.
    3. Unsubscribe to Emails. To stop receiving emails from us click the Unsubscribe button in the email or send us an email at info@denissemarie.com with “unsubscribe” in the subject line.
  6. Termination by Us
    1. Misuse. If you misuse our Website or otherwise do not comply with these Terms, Denisse Marie, in its sole discretion, has the right to terminate your access to our Website at any time, without prior notice to you, and pursue any other remedy legally available to it. Denisse Marie reserves the sole and exclusive right to decide whether or not you are in compliance with these Terms.
    2. Other reasons. Additionally, Denisse Marie reserves the right to terminate your access to our Website for the following additional reasons:
      • . If requested by law enforcement, court order or other judicial process;
      • . If an unexpected technical or security issue arises;
      • . If you engage in fraudulent or illegal activities, whether or not those activities are related to your use of Denisse Marie; or
      • . For any reason, if Denisse Marie, in our sole discretion, believes it to be in Denisse Marie’s best interest to do so.
  7. Disclaimers and Limitations.

    This Section includes important disclaimers and limitations on Denisse Marie’s liability

    1. No warranty. No advice or information, whether oral or written, obtained by you from Denisse Marie or through our Website shall create any warranty not expressly stated in these Terms.
    2. Limitation of liability. In no event shall Denisse Marie, our officers, directors, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to you or any party for any direct, consequential, incidental, special or other indirect (including without limitation, cost of cover) damages, loss or injury arising out of or in connection with these Terms, our Website or any content or other materials provided or available hereunder, or use of any other links or linked websites, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arise in contract, tort (including without limitation negligence), strict liability or other legal basis.
    3. Damages. The term “damages” includes, without limitation, attorneys’ fees, lost profits, physical and/or personal injury, business interruption, and loss of programs or other data on you information handling system. You agree and acknowledge the economic terms of these Terms fairly and equitably reflect the foregoing allocation of risk and such allocation of risk is a material inducement for us to make our Website and Content available to you.

     

     

  8. Disclaimers and Limitations.

    This Section includes important disclaimers and limitations on Denisse Marie’s liability.

    1. No warranty. No advice or information, whether oral or written, obtained by you from Denisse Marie or through our Website shall create any warranty not expressly stated in these Terms.
    2. Limitation of liability. In no event shall Denisse Marie, our officers, directors, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to you or any party for any direct, consequential, incidental, special or other indirect (including without limitation, cost of cover) damages, loss or injury arising out of or in connection with these Terms, our Website or any content or other materials provided or available hereunder, or use of any other links or linked websites, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arise in contract, tort (including without limitation negligence), strict liability or other legal basis.

    3. Damages. The term “damages” includes, without limitation, attorneys’ fees, lost profits, physical and/or personal injury, business interruption, and loss of programs or other data on you information handling system. You agree and acknowledge the economic terms of these Terms fairly and equitably reflect the foregoing allocation of risk and such allocation of risk is a material inducement for us to make our Website and Content available to you.

  9. Digital Millennium Copyright Act
    1. Infringement. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

      3. . Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

      4. . Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

       

    2. Copyright agent. Notifications to our copyright agent may be sent to info@denissemarie.com or Copyright Agent, 285 Uptown Boulevard #439, Altamonte Springs, FL 32701. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Denisse Marie customer service at info@denissemarie.com. If you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

    3. Counter-notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
      1. Your physical or electronic signature;
      2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
      3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and

      4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the District of Columbia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

      5. If a counter-notice is received by the Copyright Agent, Denisse Marie may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Denisse Marie’s sole discretion.

       

  10. Changes and Updates
    1. Changes to Website. We regularly update our Website. Denisse Marie may add, alter, or remove functionality or features from our Website at any time without prior notice. Denisse Marie may also limit, suspend, or discontinue our Website at our discretion. Denisse Marie may remove Content from our Website at any time at its sole discretion.

    2. Changes to Terms. Denisse Marie may change these Terms at any time and for any reason, such as to reflect changes in applicable law or updates to Website, and to account for new Website functionality. Changes will be effective the day they are posted here. If you do not want to agree to any changes made to these Terms, you must immediately discontinue using our Website, because by continuing to use our Website you indicate your agreement to be bound by the updated terms.

  11. Maintenance.

    Denisse Marie reserves the right to temporarily suspend access to our Website for any reason it deems necessary, including, but not limited to, maintenance, repairs, or installation of upgrades, and we will, if practicable, provide notice prior to any such suspension

  12. Dispute Resolution
    1. Arbitration. You submit to binding arbitration in the event of a dispute, controversy or claim (“Claim”) arising out of or in connection with our Website, these Terms and Denisse Marie’s Privacy Policy. The arbitration will be held in Seminole County, Florida before one arbitrator on an individual basis and not as a class action. You and Denisse Marie shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless the arbitrator awards such fees to the prevailing party.

    2. No Class Action. If a claim is arbitrated, you give up your right to participate as a class representative or member for any claim you may have against Denisse Marie, including any right to class arbitration or any consolidation of individual arbitrations or to bring or participate in a class action as set forth in any state statute.

    3. No Jury Trial. You expressly waive your right to a jury trial.

    4. Arbitrator’s Decision Final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 18 of these Terms shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

    5. Injunctive Relief. Notwithstanding the terms of this Section 17, if you violate or threaten to violate Denisse Marie’s intellectual property rights, Denisse Marie may seek injunctive or other appropriate relief in any court, and you consent to exclusive jurisdiction and venue in such court.

  13. Choice of Law, Forum, and Venue.

    The laws of the State of Florida, without giving effect to its conflict of laws principles, govern all matters arising out of or related to these terms and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. If Section 17 is found not to have legal affect by any court with jurisdiction over these Terms, jurisdiction over actions arising out of or related to these Terms, and jurisdiction over Denisse Marie, then if you bring a legal action or proceeding against Denisse Marie arising out of or related to these Terms, you may only bring such action or proceeding in the United States District Court for the District of Florida, or in Circuit or District Court of Seminole County, Florida

  14. California Users.

    California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement

     

  15. Miscellaneous
    1. Language. These terms were prepared and are written in English. To the extent any translated version conflicts with the English version, the English version controls, except to the extent prohibited by any applicable law.

    2. Content. As used herein, the term “Content” shall include text, software, scripts, graphics, logos, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials. This Content may be created by us, you or a third party.
    3. Transmission of Data. Denisse Marie may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our Website. The technical processing and transmission of data associated with our Website, including Content, may be transmitted unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.

    4. Severability and Waiver. Denisse Marie’s failure to exercise or enforce any of these Terms shall not constitute a waiver of the Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, such court should endeavor to give full effect to the parties’ intentions as reflected in these Terms, and the remainder of these Terms remain in full effect. The failure of Denisse Marie to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time
    5. Entire Agreement. These Terms constitute the entire agreement between you and Denisse Marie and govern your use of our Website, superseding any prior agreements between you and Denisse Marie (including, but not limited to, any prior versions of the Terms).

    6. Indemnification. You agree to indemnify and defend Denisse Marie and our subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney’s fees and costs, made by any third party due to or arising out of your use of our Website.

    7. Persons other than individuals. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
  16. How to Contact Us.

    You can contact us by email, text message, phone, or regular mail and we will respond to your query within 30 days.

     email: info@denissemarie.com
    mail: Denisse Marie
    285 Uptown Boulevard #439
    Altamonte Springs, FL 32701

  17. . Effective Date.

    This Agreement is effective as of April 22, 2022.