MARIANA TERMS OF USE

These Terms of Use (“Terms of Use”) govern the information and materials (“Materials”) available on this site (the “Site”) provided by Mariana, Inc. (“Mariana”). By using this Site, you agree to be bound by these Terms of Use. When using any Mariana service accessed through this Site, you also agree to be subject to any posted guidelines or rules applicable to that service. All such guidelines or rules are incorporated into these Terms of Use. Mariana may also offer other services that are governed by different Terms of Use. In such cases, we will post other Terms of Use on the service they apply to.

Mariana may change these Terms of Use by posting an updated or revised version on our website. Please visit the website periodically to review any revisions. If you do not agree to these Terms of Use, do not use this Site.

Use of this Site is also subject to Mariana’s Privacy Policy, available here.

The terms “you” and “your” refer to the user or viewer of this Site. This Site is operated by Mariana California, USA. If you access the Site from locations other than the United States, you are responsible for compliance with any applicable local laws.

RESTRICTIONS ON USE AND OWNERSHIP
The Materials contained on this Site are owned by and the property of

Mariana and/or its licensors and are protected by copyright and other laws. Except as stated herein, these Materials may not be reproduced, reused, modified, displayed, or distributed without Mariana’s prior written consent. You may not modify the Materials or use them for any commercial purpose.

The trademarks, logos, and service marks displayed on this Site are the property of Mariana or other third parties. You are not permitted to use them without the prior written consent of Mariana the third party that owns them.

Complete copyright information is outlined in Mariana’s Intellectual Property Policy, available here.

DISCLAIMERS
Mariana Materials may contain technical inaccuracies and are not intended to amount to advice. Mariana specifically disclaims all liability and responsibility arising from any reliance placed on the Materials by any visitor to the Site, or anyone who may be informed of its contents. Mariana may make corrections or changes to, or discontinue its Materials, products, programs, and services at any time without notice.

Mariana is not responsible for content posted by you or other parties. Mariana does not guarantee the accuracy or correctness of any information presented.

You use the information presented on this Site at your own risk. The Materials on this Site are provided “as is.” Mariana and its suppliers make no representations or warranties about the sustainability of these materials for any purpose and disclaim all warranties and conditions of any kind with respect to these Materials, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of any third party intellectual property right. The foregoing disclaimers will apply to the maximum extent permitted by applicable law.

We do not warrant that the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY
In no event shall Mariana or its suppliers be liable for any indirect, special, incidental, consequential, or other damages, including but not limited to damages resulting from loss of use, data, or profits, whether based on contract, tort, or otherwise, resulting from use of this Site or the Materials, regardless of whether Mariana has been advised of the possibility of such damages.

Some states may not allow disclaimer of implied warranties or the exclusion or limitation of certain types of damages, so these provisions may not apply to you. If any portion of these limitations on liability are found to be invalid or unenforceable for any reason, then Mariana’s total aggregate liability arising out of or related to your use of the Site shall not exceed one hundred dollars ($100). The foregoing disclaimers apply to the maximum extent permitted by applicable law.

THIRD PARTY SITES
All links to other sites or resources of third parties are provided for informational purposes only. Mariana is not liable for any loss or damage that might arise from your link to or use of such third party sites. These links do not imply endorsement by Mariana of any linked site, products, or services. Mariana does not provide any representation or warranty regarding any third party products or services listed on its Site.

ACCOUNTS AND PASSWORDS
If you receive a password or account designation upon completing a registration process on this Site, you acknowledge and agree that you are responsible for maintaining the confidentiality of the password and account and are fully responsible for all account activities. You agree to (a) immediately notify Mariana of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit your account at the end of each session. Mariana will not be liable for any loss or damage arising from your failure to comply with these Terms of Use.

GENERAL TERMS
Only Mariana itself may change these Terms of Use or its Privacy Policy. These Terms of Use are governed by the laws of the State of California, without regard to its conflict of law provisions. Any claims, causes of action, or disputes arising out of or relating to these Terms of Use and any use of the Site shall be brought exclusively in the courts located in the County of Santa Clara, California, and you waive any and all objections to jurisdiction by such courts. Failure of Mariana to enforce a right under these Terms of Use shall not act as a waiver of that right or provision. If any provision of these Terms of Use shall be found by a court to be void, invalid, or unenforceable, the provision shall be reformed or removed, and all other provisions of these Terms of Use shall remain in full force and effect. These Terms of Use operate to the fullest extent permissible by applicable law.

The rights and obligations of these Terms of Use shall survive the termination of your use of this Site and any use of the service.

Last Updated: September 10, 2015