Terms of Use
Last updated on 6/10/24
1. Introduction and Overview.
These Terms of Use (“Terms”) set forth a legally binding agreement between you and Marble PC or Marble Law LLC (“Marble”, “we”, “our”, or “us”), and govern your use of any online service location that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such online service location (collectively, the “Service”). In some instances, both these Terms and separate terms elsewhere on the Service will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise. In other instances, you may enter into an attorney-client relationship by signing an engagement letter (referred to as a “Marble Agreement”) with Marble and where applicable, the lawyer who is assigned to provide you the legal assistance that you requested. To the extent there is a conflict between these Terms and any applicable Marble Agreement, the Marble Agreement will control unless the Marble Agreement expressly states otherwise. By using the Service, you agree to these Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, discontinue use of the Service.
2. Legal Services.
A. The Legal Strategy Session
The Legal Strategy Session ("LSS") includes discussing your case, collecting more details about the case specifics, and recommending the particular legal service(s) you need now.
B. Provision of Legal Services for Your Matter.
In the event that Marble agrees to represent you, the legal services for your matter may be provided by another attorney or law firm as co-counsel with Marble (“Co-Counsel”). Co-Counsels are not members, partners, associates or employees of Marble
C. No Attorney-Client Relationship Unless Marble Agreement is Fully Executed.
Submitting information via any of the forms on the Service does not create an attorney-client relationship. An attorney-client relationship may be formed only after Marble and the Co-Counsel to which your matter has been referred (where applicable) have both confirmed that no conflict of interest exists and all parties (including you, Marble, and where applicable, Co-Counsel) have executed a Marble Agreement. In the event that we are unable to take on the representation, any fee you pay in advance will be refunded to you.
D. Confidentiality of the Information You Submit Through The Service.
Although we will endeavor to keep your information confidential, unless and until an attorney-client relationship is formed, the information you provide may not be protected by the attorney-client privilege. Therefore, you should be careful not to submit any information on the Service that you wish to keep confidential.
E. No Legal Advice or Representation.
The Service is intended for general informational purposes only. It does not constitute legal advice and is no substitute for consulting a licensed attorney. Only an attorney can provide you legal advice, and only after considering your specific facts and circumstances. You should not act on any information on the Service without first seeking the advice of any attorney.
F. Jurisdiction.
Marble offers legal services in Arizona, California, Colorado, Florida, Georgia, Illinois, Maryland, Michigan,New York and Texas. Marble does not seek to represent clients in jurisdictions where doing so would be unauthorized. The Service is not intended as advertising or solicitation in any jurisdiction where the Service would be so characterized and fails to comply with all applicable laws and ethical rules of that jurisdiction.
G. Attorney Advertising.
The Service constitutes attorney advertising. The attorney responsible for this advertisement is Jeffrey A. Pollak and may be contacted at 9920 Pacific Heights Blvd., Ste. 150 San Diego, CA 92121, United States and (800) 297-1008.
H. Selection of Counsel.
Determining whether you need legal services, which ones, and which lawyer (if any) to hire are important decisions that should not be based solely upon advertisements or a lawyer’s or law firm’s self-proclaimed expertise. If you are considering hiring a lawyer, please independently investigate the lawyer’s credentials and ability. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Before you decide to hire any attorneys, you may ask them to send you written information about their qualifications and experience. Additional information may also be obtained by contacting the bar association in the state in which the attorney is licensed.
I. Protecting Your Rights.
We want you to protect your legal rights. In any legal matter, there are important deadlines, obligations and rights that you need to know about to ensure that your legal rights are protected. Until and unless you enter into a signed Marble Agreement, you, not we, are fully responsible for attending to any deadlines, obligations or rights associated with your legal matter.
J. No Duty to Investigate.
We don’t have the time or duty to investigate or follow up on every submission. It is in our sole discretion whether, when and how to discuss your legal matter with you. For example, submissions lacking complete and accurate information about you or your legal matter may be ignored. You will not necessarily be contacted in such (or any) circumstances. We will not necessarily preserve the information you submit.
K. No Guarantee of Results.
The outcome of each legal case depends upon many factors, including the unique facts of the case, and no attorney can guarantee a positive result in any particular case. Any testimonial, endorsement or description of past success (even in a similar case) does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Prior results do not guarantee a similar outcome.
L. Your Satisfaction.
Although we cannot guarantee any particular result in your legal matter, we work hard to ensure our clients are satisfied. If you are not satisfied with your services, please reach out to the Client Support Team (support@marble.co) who will work with you to determine the best way forward. This is not to be construed as a guarantee and is not intended to limit any liability for legal malpractice, which may exist under the law.
M. Consent to be Contacted.
By submitting information to the Service, you consent to be contacted by phone, text, or email by Marble or its agents.
N. Consent to Sharing of Information with Co-Counsel and Themis-Tech Inc.
You consent for Marble to share your information with any Co-Counsel that Marble determines, in its discretion, may be suitable for your legal matter. You also consent for Marble to share your information with Themis-Tech Inc. (“Flare”), which provides technological, case management, document management, accounting, marketing, financing and other services (the “Non-Legal Services”) in connection with or in support of Marble’s legal services. Flare is not a law firm and does not offer legal services or legal advice.
3. Service Use.
A. Content.
The Service contains: (i) materials and other items relating to Marble and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Marble; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Marble or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
B. Limited License.
Subject to your strict compliance with these Terms, any applicable Marble Agreement, and any applicable Additional Terms, Marble grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Marble’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
C. Restrictions.
You may not use the Service unless you are at least eighteen (18) years old. You may not: (i) use the Service or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Marble; (iii) harvest any information from the Service or Content; (iv) reverse engineer or modify the Service or Content; (v) interfere with the proper operation of or any security measure used by the Service or Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms, any applicable Marble Agreement, or any applicable Additional Terms. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.
D. Availability.
Marble may suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in Marble’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Marble, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content. Notwithstanding the above, you may continue to use any documents you download from or upload to the Service after suspension or termination of your access to the Service, or upon notice from Marble.
E. Reservation of Rights.
All rights not expressly granted to you are reserved by Marble and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
4. Unsolicited Submissions.
When you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Service (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions.
5. Copyright Infringement.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.
A. DMCA Notification.
Marble responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:
- A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
- Your contact information, including your address, telephone number, and an email address;
- A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
- 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 copyright owner.
Our designated agent is: Jeffrey A. Pollak 9920 Pacific Heights Blvd., Ste. 150 San Diego, CA 92121 800-297-1008 You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp. We will respond to notifications of claimed copyright infringement in accordance with the DMCA.Our designated agent is: Jeffrey A. Pollak 9920 Pacific Heights Blvd., Ste. 150 San Diego, CA 92121 800-297-1008 You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp. We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
B. Counter Notification.
If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Marble may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
- We will respond to counter notifications in accordance with the DMCA.
6. Information Posted on the Service.
We do our best to maintain information on our Service as accurately as possible. However, we are human, and therefore we do not warrant that service offerings, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free.
7. Information You Provide.
Any information or documents that you provide to Marble or the lawyers we work with in connection with the Service are subject to the Marble Privacy Policy. You hereby consent to the collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, do not provide us with any information or documents and discontinue use of the Service.
8. Customer Support.
If you have any questions or comments, please send an email to us here. You acknowledge that the provision of support is at Marble’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: Marble, 9920 Pacific Heights Blvd., Ste. 150 San Diego, CA 92121. When you communicate with us electronically, you consent to receive communications from us electronically. 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.
9. Third Party Services.
Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.
10. Service Features.
A. Wireless Device Features.
The Service may offer features that are available to you via your wireless Device including the ability to access the Service’s features and upload content to the Service. By using the Service, you agree that Marble may collect information as described in our Privacy Policy, which includes information related to your use of the Service via your wireless Device, and that Marble may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service. Data rates and other carrier fees may apply.
B. Location-Based Features.
If you have location-based features on your wireless Device, you acknowledge that your Device location will be tracked and shared consistent with the Privacy Policy. You can terminate location tracking by us by adjusting the permissions in your Device or uninstalling our app. Location-based features are used at your own risk and location data may not be accurate.
C. Communications.
(i) Emails: You can opt-out of receiving certain promotional emails from us at any time by following the instructions as provided in emails to click on the unsubscribe link, or contacting us here with the word UNSUBSCRIBE in the subject field of the email. Your opt-out will not affect non-promotional emails, such as those about your case, transactions, servicing, or Marble’s ongoing business relations.
(ii) Push Notifications: You can opt-out of receiving push notifications from us at any time by adjusting the permissions in your Device or uninstalling our app.
(iii) Text Messages and Calls: We may send you reoccurring text messages and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and direct marketing purposes.
You understand that your consent is not required as a condition of purchase, and that you can opt-out of receiving text messages or calls from us at any time by:
(i) for text messages, texting “STOP” in response to any text message you receive from us or contacting us here and specifying you want to opt-out of text messages; and
(ii) for calls, requesting opt-out during any call you receive from us or contacting us here and specifying you want to opt-out of calls.
For text messages, you can also text “HELP” at any time for more information. You understand that you may receive a text message confirming any opt-out by you. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details. Please note that any opt-out by you is limited to the email address, device, or phone number used and will not affect subsequent subscriptions.
11. SMS Terms of Service.
- When opted-in, you may receive text messages to your mobile number. These kinds of messages may include information about your appointments, case, recommended services, offers and promotions.
- Message frequency from us can vary.
- You can opt-out of this service at any time. Just reply “STOP” to cancel.
- You can reply "HELP" for Help.
- If you are experiencing any issues, you can email us at support@marble.co.
- Carriers are not liable for delayed or undelivered messages.
- If you have any questions regarding privacy, please read our privacy policy.
12. Agreement to Arbitrate Disputes and Choice of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
A. We Both Agree to Arbitrate.
You and Marble agree to resolve any claims relating to these Terms through final and binding arbitration, except to the extent you have in any manner violated or threatened to violate Marble’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Marble may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
B. What is Arbitration.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
C. Arbitration Procedures.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
To initiate arbitration, you or Marble must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If traveling to California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in San Diego, California under California law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and Marble, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Marble.
E. No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
F. Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Marble in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND MARBLE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
G. Choice of Law/Forum Selection.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Diego, CA.
13. Disclaimer of Representations and Warranties.
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER MARBLE NOR ANY PERSON ASSOCIATED WITH MARBLE (COLLECTIVELY, THE "MARBLE PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM MARBLE INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
14. Limitations of Our Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE MARBLE PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM MARBLE INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
15. Indemnification.
You agree to defend, indemnify and hold harmless the Marble Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Marble reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Marble’s defense of any claim. You will not in any event settle any claim without the prior written consent of Marble. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
16. Waiver of Injunctive or other Equitable Relief.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY MARBLE OR A LICENSOR OF MARBLE.
17. Updates to Terms.
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an email to the last email address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.
18. General Provisions.
A. Consent or Approval.
No Marble consent or approval may be deemed to have been granted by Marble without being in writing and signed by an officer of Marble.
B. Survival.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Information Posted on the Service, Information You Provide, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
C. Severability; Interpretation; Assignment.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Marble may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Marble.
D. Complete Agreement; No Waiver.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Marble in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. Notwithstanding the above, this restriction does not apply to any separately executed Marble Agreement or executed agreements for payments of Marble’s invoices/payments requirements.
E. International Issues.
Marble controls and operates the Service from the U.S., and Marble makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
F. Investigations; Cooperation with Law Enforcement.
Marble reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Marble may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
G. California Consumer Rights and Notices.
Marble reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Marble may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
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