Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made. It is personally or on behalf of an entity (“you”) and Martin Ann PMP (“Company,” “we,” “us,” or “our”). It concerns your access to and use of https://martinann.com. Any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to (collectively, the “Site”). By accessing the Site, you have read, understood, and agreed to be bound by all the Terms and Conditions. If you disagree with these Terms and Conditions, you will disallow from using the Site. You must discontinue use immediately.

The additional terms and conditions or documents that may post on the Site periodically express are incorporated herein by reference. We reserve the right to make changes or modifications to these Terms and Conditions from time to time. Any changes will certainly indicate by the Last Updated date of these Terms and Conditions. You waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site to understand which Terms apply. You will be subject to and will deem to have been made aware of and have accepted the changes. It is by your continued use of the Site after posting the revised Terms and Conditions.

The information on the Site is not for distribution or use by any person or entity in any jurisdiction. The distribution or use would be contrary to law or regulation or subject us to registration requirements within such jurisdiction. Accordingly, those persons who choose to access the Site from other locations do so on their initiative. You are solely responsible for compliance with local laws if and to the extent local laws are applicable.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property. All the content is owned or controlled by us or licensed to us. Bound by copyright and trademark laws and other intellectual property rights, international copyright laws, and international conventions. No part of the Site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, or otherwise exploited for any commercial purpose, without our express prior written permission.

User Representations

By using the Site, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. Maintain the accuracy of such information and promptly update such registration information as necessary.
  3. Have the legal capacity, and you agree to comply with these Terms of Use.
  4. Not minor in the jurisdiction in which you reside.
  5. There is no access of the Site through automated or non-human means, whether through a bot, script, or otherwise.
  6. Not use the Site for any illegal or unauthorized purpose.
  7. Your use of the Site will not violate any applicable law or regulation.

We have the right to suspend or terminate your account and refuse all current or future use of the Site. If your information is untrue, inaccurate, not current, or incomplete.

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select. If we determine that such username is inappropriate, obscene, or otherwise objectionable.

Prohibited Activities

You may not access or use the Site for any purpose other than which we make the Site available. The Site may not connect with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Site, you agree not to,

  • Retrieve data or other content from the site.
  • Disparage, tarnish, or harm us and the Site.
  • Improper use of our support services or submit false reports of abuse or misconduct.
  • Use the site in a manner inconsistent with any applicable laws or regulations.
  • Engage in unauthorized framing of or link to the Site.
  • Attempt to impersonate another users or person or use the username of another user.
  • Harass, annoy, intimidate, or threaten any of our employees.
  • Use the Site as part of any effort to compete with us.

Third Party Website and Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”). It may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content. The items may belong to or originate from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content do not investigate, monitor, or check for accuracy, appropriateness, or completeness by us. So, we are not responsible for the access or content posted on, available through, or installed from the Site. It includes the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies.

If you decide to leave the Site and access the Third-Party Websites, you do so at your own risk. You should be aware these Terms and Conditions no longer govern. You should review the applicable terms and policies. It includes privacy and data gathering practices.

Any purchases you make through the Third-Party Websites will be through other websites and from other companies. We take no responsibility exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites. So, you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or any damage caused to you.

Site Management

We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse to restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portions thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (50 otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. Use of our Site, you have agreed to be bound by our Privacy Policy, incorporated into these Terms and Conditions. Please be advised that our Site hosting is in Singapore. If you access from other regions of the world, there may be laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore. Through your continued use of the Site, you transfer data to Singapore. You, therefore, agree to have your data transferred to and processed in Singapore.

Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site. We reserve the right in our sole discretion, without any notice or liability, to deny access to and use of the Site (including blocking IP addresses) to any person for any reason or no reason. It includes without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or any applicable law or regulation. We may terminate your use or participation in the Site or delete your account at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you ban from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action no limit pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. Our right to emphasize, modify or discontinue all or part of the Site without notice is reserved. There is no liability to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

There is no guarantee that the Site will be available at all times. It may be hardware, software, or other problems or the need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. Our right to change, revise, update, suspend, discontinue, or otherwise modify the Site or for any reason without notice is reserved. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions obligates us to maintain and support the Site or supply any corrections, updates, or releases.

Corrections

There may be, not to mention, typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and change or update the information on the Site without prior notice.

Disclaimer

You agree that your use of the Site and our Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, connecting with the Site and your use. It may include the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site.

It will assume no liability or responsibility for any:

  1. Errors, mistakes, or inaccuracies of content and materials.
  2. Personal injury or property damage of any nature resulting from your access to and use of the Site.
  3. Unauthorized access to or use of our secure servers and or all personal information and or financial information stored therein.
  4. Interruption or cessation of transmission to or from the Site.
  5. Bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party.
  6. Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of the content posted, transmitted, or otherwise made available via the Site.

To point out, we have no responsibility for monitoring any transaction between you and any third-party providers. Overall, use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event will we or our Directors, Employees, or Agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages. It includes lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if we have advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless. It includes our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 

  1. Use of the Site.
  2. Breach of these Terms and Conditions.
  3. Any violation of your representations and warranties outlined in these Terms and Conditions.
  4. Your violation of the rights of a third party, including but not limited to intellectual property rights.
  5. Any overt harmful act toward any other users who connected via the site. 

Despite the above, we reserve the right at your expense to assume the exclusive defense and control of any matter for which you need to indemnify us. Therefore, you agree to cooperate, at your expense, with our defense of such claims. We will, by all means, use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it..

User Data

We, to be sure, maintain specific data that you transmit to manage the performance and data relating to your usage. Although we perform routine backups, you are solely responsible for your transmission or connection using the Site. You agree, in this case, that we shall have liability to you for any loss or corruption of any such data. You, therefore, waive any right of action against us arising from any such loss or corruption of such data.

Miscellaneous

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. The Terms and Conditions certainly operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others. There shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any of these Terms and Conditions is determined to be unlawful, void, or unenforceable, it is deemed severable from these Terms and Conditions. After all, it does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or an agency relationship between you and us out of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by having drafted them. You, therefore, waive all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.