TERMS AND CONDITIONS
A. Acceptance. By visiting this website (http://marriageinabox.com/) (the “Site”), and/or utilizing, viewing, accessing or otherwise using any of the products, services or information created, collected, compiled, submitted or provided by or within the Site (collectively, the “Services”), you hereby agree to be bound by these Terms and Conditions (this “Agreement”). If you do not want to be bound by this Agreement, your only option is not to visit, view or otherwise use the Site and the Services. You understand, agree and acknowledge that this Agreement constitute a legally binding agreement between you and Kit Productions LLC (d/b/a Marriage In a Box) (the “Company”, “we” or “us”), and that your use of the Site and/or the Services shall indicate your conclusive acceptance of this Agreement.
B. Site and Services. You agree and acknowledge that we are entitled to, and may from time to time, modify, improve or discontinue any of the Site or Services at our sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in the Site, or utilizing any of the Services. Furthermore, you agree and acknowledge that the Company is entitled to provide the Site and/or the Services to you through subsidiaries or affiliated entities.
C. Termination of Agreement. This Agreement will continue to apply in perpetuity until terminated by the Company without notice at any time for any reason.
D. Copyright and other Proprietary Rights. The content, information, data, software, photographs, graphs, video, typefaces, music, sounds, images, illustrations, maps, designs, icons, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters, in all forms, related to or found/accessed within the Site, or the Services, are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, storage, use or publication by you of any such matters or any part of the Site or Services, except as allowed by Section F below, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code, and strictly prohibited. You do not acquire ownership rights to any content, document, intellectual property or other materials viewed or accessed through the Site or Services. The posting of information or materials on the Site does not constitute a waiver of any rights in such information and materials.
E. Trademarks. “Marriage In A Box” and the Marriage In A Box logo(s) are service marks of Kit Productions LLC (the “Company”, “we” or “us”). Other product, company or institution names identified on the Site may be the trademark, trade name, service mark, logo, symbol or other proprietary designation of a third party.
F. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site or Services grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your internal use (but not for resale or redistribution). Improper or fraudulent uses shall be prosecuted to the fullest extent of the law.
G. Editing, Deleting and Modification. We reserve the right at our sole discretion to edit or delete any documents, information or other content appearing on the Site or within the Services.
H. Nontransferable. Your right to use the Site and Services is not transferable. Any password or right given to you to obtain information or documents is not transferable and you shall be strictly liable for unauthorized use of your password or rights by third parties.
I. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE OR SERVICES ARE PROVIDED “AS-IS,” “AS-AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE, THE SERVICES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
J. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. THE COMPANY WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE OR THE SERVICES. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the Site and/or Services, or information, or any permanent or temporary cessation of the Site and/or Services or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not the Company has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of the Company is limited to the greatest extent permitted by law. If, notwithstanding the above, we are found liable for any loss or damage relating to your use of the Site and/or the Services, you agree that our maximum liability to you under such circumstances (and any others) will not exceed the consideration you have paid us for the Services.
K. Third-Party Services. We may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
L. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
M. Links to Other Web Sites. The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
N. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in any press release or otherwise, should not be relied upon as being provided or endorsed by us.
O. Usage of the Site and Services; Limitations.
1. You agree not to misuse the Site or the Services. For example, you must not, and must not attempt to do the following: (a) probe, scan, or test the vulnerability of any system or network; (b) breach or otherwise circumvent any security or authentication measures; (c) access, tamper with, or use non-public areas or parts of the Site and/or the Services, or shared areas of the Site and/or the Services you have not been invited to; (d) interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Site and/or the Services; (e) access or search the Site and/or the Services by any means other than our publicly supported interfaces; (f) send unsolicited communications, promotions or advertisements, or spam; (g) send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”; (h) promote or advertise products or services other than your own without appropriate authorization; (i) re-sell the Services; (j) use automated or other means to create accounts in bulk or to access the Site and/or the Services other than by using our official interface and/or APIs; (k) publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred; or (l) violate the law in any way including storing, publishing or sharing material that’s fraudulent, defamatory, misleading, or that violates the privacy or infringes the rights of others.
2. All information contained within the Site and Services which may be provided by any licensed professional or non-professional is strictly provided for informational and educational purposes only. Neither the Site nor the Services are a therapeutic site and does not provide any type of assessment, evaluation, treatment, diagnosis, or cure on any level including but not limited to psychological, medical, or social. Neither the Site nor the Services are a substitute for marriage counseling, mental health treatment, or any other professional or non-professional service. The content of the Site and Services does not constitute advice, consultation, or predictions.
3. If you are in need of mental health services, seek professional support. If you are having a psychiatric emergency call 911 and go to your nearest emergency room.
4. The Company (a) does not guarantee success of the Site or the Services, and (b) is not responsible for separation, divorce, or any other relationship discord.
5. Red Flag Issues are important to review before beginning use of the Services.
6. Using any part of the Services as game playing or manipulation is counterproductive to successfully achieving goals and is discouraged by the Company.
The Site and Services use the terms “marriage” and “relationship”, and “partner” and “spouse” interchangeably, referring to legal marriages as well as relationships between two consenting adults.
1. Jurisdiction; Venue. The Site (excluding any linked web sites) is controlled by us from our offices within the State of Connecticut, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Connecticut, by accessing the Site, you agree that the statutes and laws of the State of Connecticut, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of the Site and this Agreement. You and we also agree that, in the event that we commence legal action in the State of Connecticut, we both hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of New Haven and the United States District Court for the District of Connecticut with respect to such matters. Any cause of action by you with respect to the Site and/or any Services, and/or information or services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections I and J.
2. Change in Terms. The Company reserves the right to modify this Agreement from time to time at our sole discretion and without any notice. Changes to this Agreement shall become effective on the date they are posted and your continued use of the Site and/or the Services after any changes to this Agreement will signify your agreement to be bound by them.
3. Other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly against us notwithstanding that we have prepared this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between the parties and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and Services provided by or through the Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Site and/or the Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. This Agreement shall be binding upon, and inure to the benefit of, the parties, their affiliated companies, subsidiaries, successors, heirs and assigns. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect.