These Terms and Conditions of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (“you”)
and ICU, LLC, doing business as Marco Polo ("Marco Polo," “we," “us," or
“our”), concerning your access to and use of the marcopolousa.org
website as well as any other media form, media channel, mobile website
or mobile application related, linked, or otherwise connected thereto
(collectively, the “Site”). Marco Polo is registered in the state of
Wyoming. You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use. If you
do not agree with all of these terms of use, then you are expressly
prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the
Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Terms of Use from time to time. Please ensure
that you check the applicable Terms every time you use our Site so that
you understand which Terms apply. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the changes in
any revised Terms of Use by your continued use of the Site after the
date such revised Terms of Use are posted. The Site is intended for
users who are at least 18 years old. Persons under the age of 18 are not
permitted to use the Site. Unless otherwise indicated, the Site is our
proprietary property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs, and graphics
on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled
by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the
Site “AS IS.” By using the Site, you represent and warrant that: (1) you
have the legal capacity and you agree to comply with these Terms of Use;
(2) you are not a minor in the jurisdiction in which you reside; (3) you
will not access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (4) you will not use the Site for
any illegal or unauthorized purpose; and (5) your use of the Site will
not violate any applicable law or regulation.If you provide any
information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and
all current or future use of the Site (or any portion thereof). You may
not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or
approved by us. As a user of the Site, you agree not to engage in
unauthorized framing of or linking to the Site, upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other
material, engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining, robots,
or similar data gathering and extraction tools, interfere with, disrupt,
or create an undue burden on the Site or the networks or services
connected to the Site, and use a buying agent or purchasing agent to
make purchases on the Site. You and the Site agree that we may access,
store, process, and use any information and personal data that you
provide following the terms of the Privacy Policy and your choices
(including settings). The Site may contain (or you may be sent via the
Site) links to other websites ("Third-Party Websites") as well as
articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software, and other content or items
belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third-Party Websites accessed
through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other
policies of or contained in the Third- Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms
of Use no longer govern. We reserve the right, but not the obligation,
to: (1) monitor the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole discretion,
violates the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any
of your Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site. By using the Site, you
agree to be bound by our Privacy Policy, which is incorporated into
these Terms of Use. We reserve the right to change, modify, or remove
the contents of the Site 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. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will
not be liable to you or any third party for any modification, price
change, suspension, or discontinuance of the Site. These Terms of Use
and your use of the Site are governed by and construed in accordance
with the laws of the State of Wyoming applicable to agreements made and
to be entirely performed within the State of Wyoming, without regard to
its conflict of law principles. If the Parties are unable to resolve a
Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively
resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY
TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website: www.adr.org. Your arbitration fees and
your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer
Rules. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless
requested by either Party. The arbitrator must follow applicable law,
and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules, the arbitration
will take place in Wyoming. The Parties agree that any arbitration shall
be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general
public or any other persons. We reserve the right to correct any errors
or omissions and to change or update the information on the Site at any
time, without prior notice. You agree to defend, indemnify, and hold us
harmless, including our 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 of Use; (3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any
other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it. We will maintain certain
data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the
Site. Although we perform regular routine backups of data, you are
solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Site. Visiting the Site, sending
us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communication be in
writing. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other
than electronic means. If any complaint with us is not satisfactorily
resolved, and you are a resident of California, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at
800-952-5210. These Terms of Use 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 of Use shall not
operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may assign any or
all of our rights and obligations to others at any time. We 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 provision or
part of a provision of these Terms of Use is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Terms of Use and does not affect the
validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of the Site.
You agree that these Terms of Use will not be construed against us by
virtue of having drafted them. In order to resolve a complaint regarding
the Site or to receive further information regarding use of the Site,
please contact us at [email protected]