Terms and Conditions
Last updated on: November 7, 2018
By signing up for the The Marks Group PC services or any of the services of The Marks Group PC Inc. or its affiliates like Marks Group Live (“The Marks Group”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by The Marks Group PC under the Terms of Service include various products and services to help you learn Zoho and other business application training and services we offer.
Any such services offered by The Marks Group PC are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. The Marks Group PC reserves the right to update and change the Terms of Service by posting updates and changes to the The Marks Group PC or Marks Group Live website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using The Marks Group PC or any The Marks Group PC services, you are agreeing to these terms. Be sure to occasionally check back for updates.
- Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a The Marks Group PC account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. The Marks Group PC may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that The Marks Group PC will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. The Marks Group PC cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
- A breach or violation of any term in the Terms of Service, as determined in the sole discretion of The Marks Group PC will result in an immediate termination of your services.
You are responsible for your Account and any Materials you upload to The Marks Group PC Service. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
- Account Activation
2.1 The Marks Group PC Account
- Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
- General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the United States and the laws of Pennsylvania applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that The Marks Group PC may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on The Marks Group PC’s website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to The Marks Group PC’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use The Marks Group PC service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the United States and the Commonwealth of Pennsylvania. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by The Marks Group PC.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use The Marks Group PC or The Marks Group PC trademarks and/or variations and misspellings thereof.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The Marks Group PC service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the Commonwealth of Pennsylvania.
Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.
- The Marks Group PC Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any of The Marks Group PCs customers, The Marks Group PC employee, member, or officer will result in immediate Account termination.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- The Marks Group PC retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, The Marks Group PC reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a The Marks Group PC account, we can freeze the account or transfer it to the rightful owner.
- Limitation of Liability
- You expressly understand and agree that The Marks Group PC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall The Marks Group PC or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, The Marks Group PC partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- The Marks Group PC does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- The Marks Group PC does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- The Marks Group PC does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
- Waiver and Complete Agreement
The failure of The Marks Group PC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and The Marks Group PC and govern your use of the Service, superseding any prior agreements between you and The Marks Group PC (including, but not limited to, any prior versions of the Terms of Service).
If The Marks Group PC chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and The Marks Group PC don’t apply if they conflict with these terms.
- Intellectual Property and Customer Content
- Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- The Marks Group PC shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Account to promote the Service.
Anything you upload remains yours and your responsibility.
- The Marks Group PC Consultants
- The Marks Group PC does not endorse Consultants and takes no responsibility for any work performed by Consultants or failure to fulfill a work order. Links to websites of Consultants, announcements about services or offers, and responses to email inquiries regarding Consultants, are provided solely for informational purposes at the discretion of The Marks Group PC and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
- Under no circumstances shall The Marks Group PC be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and The Marks Group PC Consultants. These limitations shall apply even if The Marks Group PC has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Consultants are not employees of The Marks Group PC and we are not responsible for them.
- Payment of Fees
- You will pay the Fees applicable to your subscription (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”),
- You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. The Marks Group PC will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and The Marks Group PC will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.
- Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your The Marks Group PC administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
- If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, The Marks Group PC reserves the right to terminate your Account.
- All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of The Marks Group PC’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to The Marks Group PC of your exemption. If you are not charged Taxes by The Marks Group PC, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
- You must maintain your current location in the administration menu of your The Marks Group PC subscription and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.
- The Marks Group PC does not provide refunds.
A valid credit card is required for all subscriptions. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your credit card. If we are not able to process payment of Fees using your credit card, we will try your credit card again 3 days following the initial failed attempt. If we are unable to process payment of Fees on the second attempt, we will attempt to process payment of Fees on your credit card a third and final time 3 days following the second attempt. If payment of Fees is unsuccessful after three attempts, The Marks Group PC may freeze your subscription. You may be required to remit Taxes to The Marks Group PC or to self-remit to your local taxing authority. No refunds.
- Cancellation and Termination
- You may cancel your Account at anytime by emailing support@The Marks Group PC.comand then following the specific instructions indicated to you in The Marks Group PC’s response.
- Upon termination of the Services by either party for any reason:
- The Marks Group PC will cease providing you with the Services and you will no longer be able to access your Account;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- any outstanding balance owed to The Marks Group PC for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the The Marks Group PC Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, The Marks Group PC may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email email@example.com. The Marks Group PC will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through The Marks Group PC will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
- Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days’ notice from The Marks Group PC. Such notice may be provided at any time by posting the changes to the The Marks Group PC Site (The Marks Group PC.com) or the administration menu of your The Marks Group PC subscription via an announcement.
- The Marks Group PC reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- The Marks Group PC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
- The Marks Group PC Confidential Information
During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“The Marks Group PC Confidential Information”). You agree that: (a) The Marks Group PC Confidential Information will remain The Marks Group PC’s exclusive property; (b) you will use The Marks Group PC Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose The Marks Group PC Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the The Marks Group PC Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the The Marks Group PC Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.
If you receive The Marks Group PC Confidential Information you are required to protect it.
- Privacy & Data Protection
Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation,
The Marks Group PC
45 E City Avenue #342
Bala Cynwyd, PA 19004