Terms and Conditions

Below are Terms and Conditions for Maria’s Place website General usage. This Maria’s Place website is owned by Grumpy Games LLC.

General Website Terms & Conditions

1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on www.mariasplace.com for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. modify or copy the materials;
   1. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   2. attempt to decompile or reverse engineer any software contained on www.mariasplace.com;
   3. remove any copyright or other proprietary notations from the materials; or
2. Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Maria’s Place at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer
The materials on www.mariasplace.com are provided “as is”. Maria’s Place makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Maria’s Place does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations
In no event shall Maria’s Place or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on www.mariasplace.com, even if Maria’s Place or a Maria’s Place authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata
The materials appearing on www.mariasplace.com could include technical, typographical, or photographic errors. Maria’s Place does not warrant that any of the materials on its web site are accurate, complete, or current. Maria’s Place may make changes to the materials contained on its web site at any time without notice. Maria’s Place does not, however, make any commitment to update the materials.

6. Default
The occurrence of any of the following shall constitute a material default under this Agreement:

1. The failure to make a required payment when due.
2. The insolvency or bankruptcy of either party.
3. The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
4. The failure to make available or deliver the Services in the time and manner provided for in this contract.

7. Remedies on Default
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

8. Force Majeure 
If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

9. Dispute Resolution
Any controversies or disputes arising out of or relating to this Contract shall be resolved by binding arbitration in accordance under the rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. The arbitrator(s) shall not have the authority to modify any provisions of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Contract.

10. Confidentiality
Maria’s Place, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Maria’s Place, or divulge, disclose, or communicate in any manner, any information that is proprietary to Customer. Maria’s Place and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.

www.mariasplace.com collects only that personal information from Customer that is necessary to successfully provide Services to Customer. Maria’s Place does not disclose or sell Customer’s personal information for any purpose other than for the specific purpose of performing the Service specified in this contract. Grumpy Games will never sell Customer’s information to any third parties.

Maria’s Place does not store Customer’s credit card information.

11. Notice
Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered via email to [email protected], or in person or by certified mail, return receipt requested, to Grumpy Games LLC, 16321 Spinning Ave, Torrance, CA 90504 or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.

12. Entire Agreement
This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement, and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

13. Amendment
This Agreement may be modified or amended if the amendment is made in writing and signed by both parties.

14. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

15. Waiver of Contractual Right
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

16. Applicable Law
This Agreement shall be governed by and construed according to the laws of the State of Colorado without reference to its conflicts of law principles.

17. Limitation of Liability
Maria’s Place does not bear responsibility for any injury sustained while following supplied exercise programs. Customer must use common sense while exercising and if necessary, get medical advice before starting a regime. If the end-user is not capable of making their own decisions, it will be the responsibility of Customer and any of Customer’s staff to make sure the activity is suitable for Customer’s clients. Customer agrees to be mindful of any existing medical conditions and physical or mental limitations of Customer’s staff and clients. Everything stated in this paragraph applies to any and all activities supplied by Maria’s Place.

Disclaimer: Maria’s Place uses information publicly available on the Internet as a part of preparing activities that are a part of the Service. Maria’s Place always provides sources if information contained originated elsewhere. Maria’s Place cannot be held responsible if any information from these sources is incorrect. Maria’s Place will always make its best effort to provide the most accurate information to Customer.