Terms of Use
These terms of use cover the agreement between the users or any other parties visiting Markosis.com, which is owned, managed, and updated by “Markosis.com” for the purposes of inquiry, purchase, reading, commenting, advertisement, marketing, dispute resolution, customer service, information collection, and any other purpose not explicitly stated herein. The website, “https://markosis.com/,” also includes its sub-domains and sub-pages along with any resource provided as a downloadable digital resource to the “visitor/ user.” All the sub-domains, pages, and resources are the property of “Markosis.com”.
The offering, which includes but is not limited to services, purchase offers, discounts, deals, quotations, consultancy, etc., provided by Markosis.com, are marketed, sold, and managed under the commercial brand name, “Markosis.com Services”, which can also be shortened for “Markosis”, to the extent of being mentioned on digital media including this website (“https://markosis.com/“) and all its sub-domains.
Registration and Security
All registration information you submit to create an account must be accurate and kept up to date. It is your responsibility to notify us of any changes in such information, including but not limited to your contact information. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another user at any time and not to allow any other person to use your account. Your account is not transferable. You agree to notify Markosis.com immediately if you suspect any unauthorized use of, or access to, your account or password.
Termination
Unless terminated by Markosis.com in its sole discretion, this Agreement remains in full force and effect while you use the Markosis.com Services.
You may terminate your account on any of the Markosis.com Services at any time, for any reason, by contacting the Site Administrator and as per the rules stated or decided during the purchase process, covering any special considerations, customized plans, or offerings.
Markosis.com may terminate your account and/or access to the Markosis.com Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after your user account or access to the Markosis.com Services is terminated by you or by Markosis.com, this Agreement will remain in effect with respect to your past and future use of the Markosis.com Sites or the Markosis.com Services. Any rights to your account terminate upon your death.
Purchasing Services or Products
In connection with a purchase of any subscription, service, or product on The Markosis.com Sites (“Site Product”), you may be required to provide personal information, including your name, address, telephone number, e-mail address, credit card, and other billing information (collectively, “Personal Financial Information”), to an independent third party not affiliated with Markosis.com (the “Processor”).
Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information and, in some instances, for fulfilling your order, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the Markosis.com Sites or the Markosis.com Services, you are warranting that you are authorized to make the purchase using the form of payment that you provide to the Processor. You must be 18 years of age or older to purchase a Site Product.
Markosis.com makes no warranty, and accepts no liability for any loss or damages whatsoever, relating to or in connection with your access to the Markosis.com Sites. Markosis.com provides no refunds for, makes no warranty for, and accepts no liability regarding purchases you make on the Markosis.com Sites or the Markosis.com Services. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, Markosis.com will in no way be responsible or liable to you for any such breach.
Markosis.com is not required to store any record of Personal Financial Information related to purchases or other transactions you make through the Markosis.com Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the Processor.
Limited Content License
The Markosis.com Services and the Markosis.com Sites are offered for your personal or business use only and may not be used for multiple businesses or persons. Markosis.com Services contain information, text, files, images, video, sounds, musical works, works of authorship, software, applications, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”) of Markosis.com, its licensors, or assignors (“Markosis.com Content”), as well as Content provided by users or other third parties. Content contained in the Markosis.com Services is protected by copyright, trademark, patent, trade secret and other laws and, as between you and Markosis.com, its licensors, or its assignors, own and retain all rights in the Markosis.com Content. Markosis.com hereby grants you a limited, revocable, non-sub-licensable, non-exclusive license to access and display or perform the Markosis.com Content (excluding any software code) solely for your personal or business use in connection with using the Markosis.com Services. If Markosis.com elects to grant you greater rights than set forth herein (which rights may only be granted in an express writing), such grant of rights will be revocable at will without cause by Markosis.com, unless expressly stated otherwise.
Except as provided in this Agreement or as explicitly allowed on the Markosis.com Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Markosis.com Services or the Markosis.com Sites.
Except as explicitly and expressly permitted by Markosis.com or by the limited license set forth above, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Markosis.com Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered or given away. Also, you may not either directly or through the use of any device, software, internet site, web-based service or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Markosis.com Services or any digital rights management mechanism, device, or other content protection, copy control or access control measure associated with the Content contained in the Markosis.com Services, including geo-filtering mechanisms. Except as necessary in order to make reference to Markosis.com, its products and services in a purely descriptive capacity, you are expressly prohibited from using any Markosis.com Content in any manner.
Restrictions on Use of Markosis.com Services
You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on the Markosis.com Site(s) or on, through or in connection with the Markosis.com Services (collectively, “User Content”). Additionally, you acknowledge that you have no expectation of privacy in or confidentiality with respect to your User Content. Accordingly, please choose User Content carefully.
You agree not to use the Markosis.com Services to:
Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;
Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
Harass or harm another person;
Exploit or endanger a minor;
Impersonate or attempt to impersonate any person or entity;
Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software or its components comprising the Markosis.com Site(s) or the Markosis.com Services;
Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Markosis.com Services, including Markosis.com’s servers, networks or accounts;
Cover, remove, disable, block or obscure advertisements or other portions of the Markosis.com Services;
Delete or revise any information provided by or pertaining to any other user of the Markosis.com Services;
Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Markosis.com Services, or to circumvent or modify any security technology or software that is part of the Markosis.com Services;
Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Markosis.com Services. If you do so, you acknowledge you will have caused substantial harm to Markosis.com, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Markosis.com $50 for each actual or intended recipient of such communication;
Solicit, collect or request any personal information for commercial or unlawful purposes;
Post, upload or otherwise transmit an image or video of another person without that person’s consent, if consent is required;
Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Markosis.com Content; or building a business using the Markosis.com Content) without Markosis.com’s prior written consent;
Use the Markosis.com Services to advertise or promote competing services;
Use the Markosis.com Services in a manner inconsistent with any and all Applicable Law;
Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
Markosis.com reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by Markosis.com, or for any other reason, in Markosis.com’s sole discretion and without notice to you. You acknowledge Markosis.com reserves the right to investigate and take appropriate legal action against anyone who, in Markosis.com’s sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.
You acknowledge, consent and agree that Markosis.com may access, preserve or disclose information you provide to the Markosis.com Sites or the Markosis.com Services, including User Content and your account registration information, including when Markosis.com has a good faith belief that such access, preservation or disclosure is necessary in order to:
(i) protect, enforce, or defend the legal rights, privacy, safety, or property of Markosis.com, our parents, subsidiaries or affiliates (“Company Affiliates”), or their employees, agents and contractors (including enforcement of this Agreement or our other agreements);
(ii) protect the safety, privacy, and security of users of the Markosis.com Services or members of the public including in urgent circumstances;
(iii) protect against fraud or for risk management purposes;
(iv) comply with the law or legal process; or
(v) respond to requests from public and government authorities.
If Markosis.com sells all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Markosis.com may transfer your information to the party or parties involved in the transaction as part of that transaction.
Markosis.com reserves the right to limit the storage capacity of User Content. You assume full responsibility for maintaining backup copies of your User Content, and Markosis.com assumes no responsibility for any loss of your User Content due to its being removed by Markosis.com or for any other reason.
Your Proprietary Rights in and License to Your User Content
Markosis.com does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise make available (collectively, “Transmit”) on, through or in connection with the Markosis.com Services, except with respect to your unsolicited submissions, as described under “Unsolicited Submissions” below; provided, however, that User Content shall not include any Markosis.com Content or content owned by a Company Affiliate. By posting or transmitting any User Content on, through or in connection with the Markosis.com Services, you hereby grant to Markosis.com and our Company Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, freely sub-licensable, transferable (in whole or in part) right (including any moral rights) and license to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes.
Additionally, Markosis.com is free to use any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited to, developing, manufacturing, marketing and providing commercial products and services, including Markosis.com Services. Markosis.com’s use of such User Content shall not require any further notice or attribution to you and such use shall be without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint Markosis.com as your agent with full authority to execute any document or take any action Markosis.com may consider appropriate in order to confirm the rights granted by you to Markosis.com in this Agreement.
You represent and warrant that:
(i) you own the User Content Transmitted by you on, through or in connection with the Markosis.com Services, or otherwise have the right to grant the license set forth in this Section, and
(ii) the Transmission of User Content by you on, through or in connection with the Markosis.com Services and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content Transmitted by you on or through the Markosis.com Services or Third Party Services.
If you delete your User Content from the Markosis.com Site(s), Markosis.com’s license to such User Content will end after a reasonable period of time necessary for the deletion to take full effect. However, the User Content may be retained in Markosis.com’s back-up copies of the Markosis.com Site(s), which are not publicly available. Furthermore, to the extent that Markosis.com made use of your User Content before you deleted it, Markosis.com will retain the right to make such pre-existing uses even after your User Content is deleted. You acknowledge that:
(i) deletion of your User Content from the Markosis.com Site(s) will not result in, and Markosis.com assumes no responsibility for, the deletion of such User Content by any third parties who were provided with or had access to such User Content prior to your deleting it from the Markosis.com Site(s), and
(ii) termination of your account or your use of the Markosis.com Services will not result in the immediate or automatic deletion of your User Content consistent with this Agreement.
Your Exposure to Others’ User Content
You understand that Markosis.com does not control the User Content posted by users via the Markosis.com Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Markosis.com assumes no responsibility or liability for this type of Content. Markosis.com assumes no responsibility for monitoring the Markosis.com Services for inappropriate User Content or user conduct. If at any time, Markosis.com chooses in its sole discretion to monitor the Markosis.com Services, Markosis.com nonetheless assumes no responsibility for Content other than Markosis.com Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
Markosis.com Subscription
Subscriptions to the Markosis.com Services will be available at the cost and for the subscription period advertised on the applicable Markosis.com Sites.
The costs are subject to change and posted prices are only valid if you subscribe for that period before a change takes effect.
Subscriptions renew automatically every subscription period unless canceled by either party. Unless otherwise notified by Markosis.com, your account responsible for the payment will be automatically charged as per the terms and condition.
In addition, Markosis.com may seek pre-authorization of your responsible or designated account for each renewal to verify that the credit card is valid and has the necessary funds or credit available for your renewal.
Cancellations are processed upon receipt of the cancellation request. Upon cancellation, all fees and charges are nonrefundable.
Services Specifics
Markosis.com may provide subscription services which may include video services and any other features, content, or applications offered from time to time by Markosis.com that link to these Terms of Service in connection with Markosis.com’s business (collectively, the “Markosis.com Services”). These services are provided through several websites operated by Markosis.com (“The Markosis.com Sites”). Markosis.com is based in the United States and the Markosis.com Services are hosted in the United States.
Subscription to these training videos grants no rights to Markosis.com’s consulting services, QuickBooks products, or any other product, service, or tools not specifically enumerated. Questions, training, or other services can be purchased at an additional fee at https://markosis.com.
Markosis.com furnishes the Markosis.com Sites and the Markosis.com Services as an educational tool for subscribers. By visiting the Markosis.com Sites (whether or not you are a registered user) or using the Markosis.com Services, you accept and agree to be bound by this agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read this Agreement carefully. Markosis.com may modify this Agreement at any time, and each such modification will be effective upon posting on the Markosis.com Sites. All material modifications will apply prospectively only. Your continued use of the Markosis.com Sites or the Markosis.com Services following any modification of this Agreement constitutes your acceptance of and agreement to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Markosis.com Services immediately.
Your access to and use of certain Markosis.com Services may require you to accept additional terms and conditions applicable to such Markosis.com Services, in addition to this Agreement, and may require you to download software or Content. In the event of a conflict between any such additional terms and this Agreement, such additional terms will prevail.
Third Party Links and Services
The Markosis.com Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a provider of a Third Party Service, you are interacting with the third party, not with Markosis.com. If you choose to use a Third Party Service and share information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy policy and your privacy settings on such Third Party Service. Markosis.com encourages you not to provide any personally identifiable information to or through any Third Party Service unless you know and are comfortable with the party with whom you are interacting. In addition, the provider of the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Markosis.com is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Markosis.com Services does not imply approval or endorsement of the Third Party Service. Markosis.com is not responsible for the content or practices of any websites other than the Markosis.com Sites, even if the website links to the Markosis.com Sites and even if it is operated by a Company Affiliate or a company otherwise connected with the Markosis.com Sites. By using the Markosis.com Services, you acknowledge and agree that Markosis.com is not responsible or liable to you for any content or other materials hosted and served from any website other than the Markosis.com Sites. When you access Third Party Services, you do so at your own risk.
User Disputes
You are solely responsible for your interactions with other users of the Markosis.com Site(s) and the Markosis.com Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Markosis.com Services. Markosis.com reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
Privacy
Use of the Markosis.com Services is also governed by our Privacy Policy, which is incorporated into and is a part of this Agreement by this reference.
Disclaimers
THE MARKOSIS.COM SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND MARKOSIS.COM DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE MARKOSIS.COM SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARKOSIS.COM EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING.
Limitation on Liability
IN NO EVENT WILL MARKOSIS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE MARKOSIS.COM SERVICES.
United States Jurisdiction
Markosis.com provides the Markosis.com Services in the United States of America. If you use the Markosis.com Site(s) or Services from another jurisdiction, you do so on your own initiative and at your own risk.
Governing Law
This Agreement is governed by the laws of the State of Texas. You agree to resolve any disputes in courts located in Austin, Texas.
Indemnity
You agree to indemnify and hold Markosis.com harmless from any claims arising out of your use of the Markosis.com Services.
Unsolicited Submissions
Markosis.com does not accept unsolicited submissions. Any such submission becomes the property of Markosis.com and may be used without compensation.
Other
Failure to enforce any part of this Agreement does not waive our right to do so later. Section titles are for convenience only and have no legal effect.