Mariana Tek Consumer Agreement

Last Updated: October 20, 2022

This Mariana Tek Consumer Agreement (the “Agreement”) is a legal agreement between you (including your heirs, assigns, and successors) (collectively, “you,” “your”) and Mariana Tek and its affiliates (collectively, “Mariana,” “we,” “our” or “us”) governing your use of Mariana Tek’s consumer web-based application and/or mobile applications (collectively, the “Mariana Tek App”). Please read this Agreement carefully. By clicking on the “I Accept” button, completing the registration process, and/or downloading, and/or using the Mariana Tek App, you represent that (1) you have read, understand, and agree to be bound by this Agreement, (2) you are of legal age to form a binding contract with Mariana Tek, and (3) you have the authority to enter into this Agreement personally or on behalf of the company you have named as the user, and to bind that company to the Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE MARIANA TEK APP.

PLEASE BE AWARE THAT SECTION 27 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND MARIANA TEK TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

1. Mariana Tek App Registration and Account Activation.

The Mariana Tek App allows you to create one (1) universal consumer profile that enables you to perform aggregated searches, then schedule and pay for wellness services, including fitness, beauty, integrative health and other services offered by thousands of participating businesses and independent practitioners (“Mariana Tek Subscribers”).

The Mariana Tek App also enables you to synchronize any consumer accounts you have previously created with Mariana Tek Subscribers, so that you may view your history of purchases and visits with those providers, use any current series, membership, gift card or account credits you may have with those providers, and to renew or purchase additional services.

The Mariana Tek App, subject to these terms and payment of applicable fees, may also provide you with an opportunity to purchase a product which will allow you to view video on demand content and to participate in livestreamed fitness classes (“Flex”). For the purposes of this Agreement, Flex shall be considered part of the Mariana Tek App and references to the Mariana Tek App shall be read as including Flex when made available via the Mariana Tek App.

To make credit or debit card purchases from Mariana Tek or the Mariana Tek Subscribers, you must complete the registration and open an account within the Mariana Tek App (“Mariana Tek App Account”). You do this by providing your first and last name and email address, completing your email verification, and associating one (1) or more valid credit or debit cards with that Mariana Tek App Account. You must provide accurate and up-to-date information. You are solely responsible for managing your Mariana Tek App Account. Your Mariana Tek App Account is non-transferrable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your Mariana Tek App Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your Mariana Tek App Account to engage in illegal or unethical activities.

If you register for the Mariana Tek App through your Facebook account (“Facebook Account”), you are allowing Mariana Tek to access your Facebook Account as permitted under the applicable terms and conditions that govern your use of your Facebook Account. You represent that you are entitled to disclose your Facebook Account login information to Mariana Tek and/or grant Mariana Tek access to your Facebook Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of your Facebook Account and without obligating Mariana Tek to pay any fees or making Mariana Tek subject to any usage limitations imposed by Facebook. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH FACEBOOK, AND Mariana Tek DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY FACEBOOK IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR FACEBOOK ACCOUNT.

2. Accepted Payment Methods.

The Mariana Tek App allows you to make payments by those methods accepted by Mariana Tekand the Mariana Tek Subscribers. Typically, these are card-based methods, including cards bearing the trademarks of Visa Inc., MasterCard International Inc., Discover Inc., and/or American Express Inc. (collectively, the “Networks”). Please note that Mariana Tek and Mariana Tek Subscribers may not accept all payment methods, including all card-based payment methods. The Networks accepted by Mariana Tek and each Mariana Tek Subscriber are displayed in the Mariana Tek App. We are not a bank, and do not offer banking services as defined by the United States Department of Treasury. We also do not offer money service business services as defined by the United States Department of Treasury. You can associate with your Mariana Tek App Account any U.S.-issued and most non-U.S. issued credit, debit, pre-paid, or gift cards with a Visa, MasterCard, American Express, or Discover logo. Mariana Tek and Mariana Tek Subscribers may update at any time the list of card types that they accept and you may associate with your Mariana Tek App Account. You may not associate Health Savings Account cards with your Mariana Tek App Account, even if they have a Visa, MasterCard, American Express, or Discover logo on them.

3. Your Authorization for Purchases Made Through the Mariana Tek App.

By associating a payment card with your Mariana Tek App Account, searching for and reserving services in the Mariana Tek App, and agreeing to pay for those services within the Mariana Tek App, you are authorizing a charge to your payment card as necessary to complete the purchase. In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made through the Mariana Tek App, you also authorize a credit to your payment card to accomplish that transaction.

Purchases you authorize through the Mariana Tek App may also be subject to terms and conditions set forth by the Networks and/or the entities that issue your card. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees and billing terms imposed by those terms and conditions as well as any fees and/or surcharges imposed by Mariana Tek or a Mariana Tek Subscriber.

4. Compatible Mobile Devices and Third Party Carriers.

Your Mariana Tek App Account permits you to make payments on a compatible mobile device. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to disabling hardware or software controls-sometimes referred to as “jailbreaking”, are not compatible mobile devices. You acknowledge that the use of a modified device to use the Mariana Tek App is expressly prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your Mariana Tek App Account. Mariana Tek does not warrant that the Mariana Tek App will be compatible with your mobile device or third party carrier.

Your use of the Mariana Tek App may be subject to the terms of your agreements with your mobile device manufacturer and your carrier.

5. App Stores.

You acknowledge and agree that the availability of the Mariana Tek App is dependent on the third party from whom you received the Mariana Tek App license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that this Agreement is between you and Mariana Tek and not with Apple, Google, or their App Stores. Mariana Tek, not Apple, Google, or their App Stores, is solely responsible for the Mariana Tek App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Mariana Tek App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Mariana Tek App. You agree to comply with, and your license to use the Mariana Tek App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Mariana Tek App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce them.

6. Restrictions on Use.

By using the Mariana Tek App, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Mariana Tek App with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Mariana Tek App and agree to this Agreement. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to this Agreement and to fully indemnify and hold harmless Mariana Tek if the Minor breaches any of the terms of this Agreement. If you are not at least 13 years old, you may not use the Mariana Tek App at any time or in any manner or submit any information to the Mariana Tek App or Mariana Tek.

The Mariana Tek App and your Mariana Tek App Account may only be used in a country or territory where current Mariana Tek Subscribers exist and the laws of that country or territory permit its use. You may not export the Mariana Tek App directly or indirectly, and you acknowledge that the Mariana Tek App may be subject to export restrictions imposed by U.S. law, including U.S. Export Administration Regulations (15 C.F.R. Chapter VII).

By creating a Mariana Tek App Account, you also confirm that you will not make payments in connection with the following businesses or business activities: (1) any illegal activity, (2) credit counseling or repair agencies, (3) credit protection or identity theft protection services, (4) direct marketing or subscription offers or services, (5) infomercial sales, (6) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (7) multi-level marketing businesses, (8) inbound or outbound telemarketers, (9) prepaid phone cards or phone services, (10) rebate based businesses, (11) upsell merchants, (12) bill payment services, (13) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (14) financial institutions offering manual or automated cash disbursements, (15) financial institutions offering merchandise and services, (16) sales of money orders or foreign currency by non-financial institutions, (17) wire transfer money orders, (18) high-risk merchants, including telemarketing merchants, (19) service station merchants, (20) automated fuel dispensers, (21) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (22) internet/mail order/telephone order firearm or weapon sales, (23) internet/mail order/telephone order cigarette or tobacco sales, (24) drug paraphernalia, (25) hate products, (26) escort services, and/or (27) bankruptcy attorneys.

7. Mariana Tek Subscriber Loyalty Programs.

Mariana Tek Subscribers may choose to offer loyalty programs to reward their customers. These loyalty programs may be linked to your Mariana Tek App Account. Any such loyalty programs and any rewards associated with them are offered by the Mariana Tek Subscriber alone (and not by Mariana Tek). Should you have questions about any Mariana Tek Subscriber loyalty program, please ask the Mariana Tek Subscriber for more information about the program, including any applicable terms and conditions. Rewards associated with Mariana Tek Subscriber loyalty programs have no cash value, and Mariana Tek Subscriber may choose to discontinue its loyalty program(s) at any time.

8. Texting Features Consent.

Mariana Tek may, from time to time, offer text message programs, including one-time texts and subscription text services, where Mariana Tek or a Mariana Tek Subscriber texts you for alerts, promotions and other purposes (“SMS Texting Services”). For more information on these services, please visit SMS Texting Terms and Conditions.

To the extent you use any feature of the Mariana Tek App that enables you to send text message to device holders and you elect to use the feature, you acknowledge that Mariana Tek only provides a platform for you to send text messages through the Mariana Tek App and has no responsibility or liability for any such text messages or related message content. Your responsibilities as set forth in this Agreement will remain your sole responsibility and liability even if Mariana Tek offers advice or guidance regarding the text messages you transmit.

9. Unauthorized or Illegal Transactions.

We may decide not to process a transaction if we believe that the transaction is in violation of any Mariana Tek agreement or exposes you, other Mariana Tek users, our partners, including any Mariana Tek Subscribers, or Mariana Tek to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Mariana Tek App Account has been used for any unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Mariana Tek App Account, and/or any of your transactions with law enforcement.

10. Mariana Tek App Purchase Information.

By using the Mariana Tek App, you give Mariana Tek permission to share your email address, first and last name and purchase histories with the Mariana Tek Subscribers you make purchases with. You also give us permission to import into your Mariana Tek App Account and to share with Mariana Tek Subscribers information about purchases you have made using your payment card and any of Mariana Tek’s products or services. More information can be found in the Mariana Tek Privacy Policy.

11. Your Privacy.

Our privacy policy governs how we collect and use personal information that is submitted through our apps and services. Upon agreeing to be bound by this Agreement you confirm that you have read, understood and accepted Mariana Tek’s Privacy Policy located at https://company.Mariana Tekonline.com/legal/privacy-policy.

12. Customer Service Disclaimer.

You understand and agree that Mariana Tek is not responsible for the goods and services that you purchase through the Mariana Tek App. Third-party merchants, including Mariana Tek Subscribers, and not Mariana Tek, provide those goods and services. These merchants, and not Mariana Tek, are responsible for customer service related to those goods and services, including the nature, content and quality of the class or appointment, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. The Networks and/or other entity issuing your payment card, and not Mariana Tek, is responsible for customer service related to your payment card.

13. Disclosures and Notices.

You acknowledge and agree that Mariana Tek may provide disclosures and other notices required by law and other information about your Mariana Tek App Account to you electronically by posting them on the Mariana Tek App or by emailing the email address listed in your Mariana Tek App Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. You are responsible for providing Mariana Tek with your most current e-mail address. In the event that the last e-mail address you provided to Mariana Tek is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Mariana Tek’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

14. User Content.

In connection with registering for a Mariana Tek App Account, you may provide reviews, feedback and other content regarding Mariana Tek products and services or Mariana Tek Subscribers, including without limitation regarding the video on demand and/or livestreaming fitness classes made available via Flex. This content may include photos, name, alias, likeness, appearance, form or other materials or information uploaded to the Mariana Tek App (“User Content”). You agree that you will not upload User Content to the Mariana Tek App unless you have created that content yourself or you have permission from the copyright owner to do so.

In the event that you participate in livestreamed classes via Flex, you understand and agree that your participation in such livestreamed classes will be viewable by other participants in the livestreamed class as well as the instructor of such livestreamed class. Further, you understand and agree that such livestreamed classes, including video and/or audio of your participation in the same, may be recorded and offered as a video on demand content. Accordingly, your participation and the video and/or audio recording of the same will be “User Content” subject to the licenses granted below.

For any User Content that you upload to the Mariana Tek App, you grant us and our subsidiaries, affiliates, and successors a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable right and license to use, license, reproduce, modify, adapt, publish, translate, prepare derivative works of, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display that User Content (in whole or in part) throughout the world in any media in order to provide and promote the Mariana Tek App and Mariana Tek’s business. You retain all rights in your User Content, subject to the rights granted to Mariana Tek in this Agreement. You may modify or remove your User Content via your Mariana Tek App Account or by terminating your Mariana Tek App Account. For User Content containing audio and/or video recordings or livestreams of my participation in Flex, you hereby waive all rights and release and discharge Mariana Tek from all manner of actions, causes of action, debts, accounts, contracts, claims and demands whatsoever, including defamation, invasion of right to privacy, publicity or personality or any similar matter, arising out of or relating to the use and exploitation of such User Content or your name, alias, likeness, appearance and form.

You agree not to upload to the Mariana Tek App or otherwise post, transmit, distribute, or disseminate through the Mariana Tek App, including without limitation via your participation in Flex, any content that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Mariana Tek’s or its partners’ products and services, as determined by Mariana Tek in its sole discretion; or (f) in Mariana Tek’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Mariana Tek App, or which may expose Mariana Tek, its affiliates, or users to harm or liability of any nature.

You acknowledge that Mariana Tek has no obligation to pre-screen, edit, or monitor any User Content, although Mariana Tek reserves the right in its sole discretion to refuse, remove, screen, edit or disable any User Content at any time and for any reason without notice. You understand that by using the Mariana Tek App, you may be exposed to User Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.

We expect users to respect the intellectual property of others. Please see our Intellectual Property Policy for more information on notifying us of copyright or trademark violations.

15. Intellectual Property Policy.

Mariana Tek respects the intellectual property rights of others and will investigate and respond to notices of alleged infringement that are properly submitted in accordance with our Intellectual Property Policy accessible at https://company.Mariana Tekonline.com/legal/terms-of-service/intellectual-p... (or such other URL as specified by Mariana Tek), as may be updated by Mariana Tek from time to time. Any data or information submitted to the Mariana Tek App is subject to our Intellectual Property Policy.

16. Your Right to Terminate.

You may terminate this Agreement at any time by closing your Mariana Tek App Account and ceasing to use the Mariana Tek App.

17. Our Right to Suspend or Terminate.

We may terminate this Agreement and close your Mariana Tek App Account for any reason or no reason (with or without notice) at any time, including (but not limited to), if you (a) have violated the terms of this Agreement or any other agreement you have with Mariana Tek or Mariana Tek’s policies, (b) pose an unacceptable credit or fraud risk to us, and/or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct on the Mariana Tek App.

18. Effect of Termination.

If your Mariana Tek App Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Mariana Tek App, (c) that the license provided under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that Mariana Tek shall not be liable to you or any third party for termination of access to the Mariana Tek App, or for deletion of your information or account data.

We will not be liable to you for compensation, reimbursement, or damages in connection with your use of the Mariana Tek App, or in connection with any termination or suspension of the Mariana Tek App. Any termination of this Agreement does not relieve you of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by you as provided in this Agreement.

19. License Grant to You.

Subject to your compliance with this Agreement, Mariana Tek hereby grants you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Mariana Tek App on a single mobile device that you own or control and to run such copy of the Mariana Tek App solely to find and reserve services and make purchases from Mariana Tek Subscribers in accordance with this Agreement. You will not: (a) modify, copy or create any derivative works based on the Mariana Tek App; (b) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, offer in a service bureau, or otherwise make the Mariana Tek App available to any third party; (c) reverse engineer or decompile any portion of the Mariana Tek App; (d) access or use (or allow a third party to access or use) the Mariana Tek App for competitive analysis or to build any competing products or services; (e) copy any features, functions, integrations, interfaces or graphics of the Mariana Tek App; or (f) otherwise use or exploit the Mariana Tek App in any manner not expressly permitted by this Agreement. Furthermore, with respect to any app accessed through or downloaded from the App Store, you will comply with the applicable App Store’s terms and policies. You will be entitled to download updates to the Mariana Tek App, subject to any additional terms made known to you at that time, when Mariana Tek makes these updates available. You may be required to accept updates to the Mariana Tek App in order to continue to use the Mariana Tek App.

20. Restrictions on Use.

You may use the Mariana Tek App only to the extent that you obey all laws, rules, and regulations applicable to your use of the Mariana Tek App. While we want you to enjoy the Mariana Tek App, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any Mariana Tek system using any manual process or robot, spider, scraper, or other automated means; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Mariana Tek; (iii) permit any third party to use or benefit from the Mariana Tek App via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the Mariana Tek App or any Mariana Tek service or product, work around, bypass, or circumvent any of the technical limitations of the Mariana Tek App, use any tool to enable features or functionalities that are otherwise disabled in the Mariana Tek App, or decompile, disassemble or otherwise reverse engineer the Mariana Tek App; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Mariana Tek App, prevent access to or use of the Mariana Tek App by other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the Mariana Tek App except as expressly permitted herein.

21. Ownership.

The Mariana Tek App is licensed and not sold. Mariana Tek reserves all rights not expressly granted to you in this Agreement. The Mariana Tek App is protected by copyright, trade secret and other intellectual property laws. Mariana Tek owns the title, copyright and other worldwide intellectual property rights in the Mariana Tek App and all copies of the Mariana Tek App. This Agreement does not grant you any rights to Mariana Tek’s trademarks or service marks.

22. Feedback.

You may choose to or we may invite you to submit comments or ideas about the Mariana Tek App, including without limitation about how to improve the Mariana Tek App or our other products (“Feedback"). You represent and warrant that you have all rights necessary to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place Mariana Tek under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Mariana Tek does not waive any rights to use similar or related ideas previously known to Mariana Tek or developed by its employees, or obtained from sources other than you. Mariana Tek has no obligation to review any Feedback nor to keep any Feedback confidential, and Mariana Tek may use and redistribute Feedback for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

23. Indemnification.

You agree to release, indemnify, defend, and hold harmless Mariana Tek and its affiliates and their respective employees, officers, agents, directors, representatives, contractors, licensors, suppliers and service providers (collectively, the “Mariana Tek Parties”) from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to: (a) any actual or alleged breach by you of this Agreement; (b) your access to or use of the Mariana Tek App; or (c) any actual or alleged violation by you of the intellectual property, privacy or other rights of third party. This provision does not require you to indemnify any of the Mariana Tek Parties to the extent that a claim arises from any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Mariana Tek App.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold harmless the Mariana Tek Parties from and against any and all third-party claims asserted against and of them, and all related costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or relating to any actual or alleged breach by you of this Agreement.

Mariana Tek reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mariana Tek in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.

24. Representation and Warranties.

You represent and warrant to us that: (a) you are at least eighteen (18) years of age (or as otherwise provided in Section 6 above); (b) you are eligible to register and use the Mariana Tek App and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (e) you will not use the Mariana Tek App, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Mariana Tek App; and (f) your use of the Mariana Tek App will be in compliance with this Agreement.

25. Disclaimer of Warranties and Conditions.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE Mariana Tek APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE Mariana Tek APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Mariana Tek APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Mariana Tek OR THROUGH THE Mariana Tek APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Mariana Tek, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT ANY CONTENT OR INFORMATION PROVIDED THROUGH THE Mariana Tek APP, INCLUDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, OR RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE Mariana Tek APP, IS ACCURATE, RELIABLE OR CORRECT; THAT THE Mariana Tek APP WILL MEET YOUR REQUIREMENTS; THAT THE Mariana Tek APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE Mariana Tek APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT Mariana Tek IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE Mariana Tek APP’S INOPERABILITY, UNAVAILABLITY OR SECURITY VULBNERABLES, OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT DOWNLOADED OR OTHERWISE MADE AVAILABLE THROUGH USE OF THE Mariana Tek APP, INCLUIDING, WITHOUT LIMITATION, ANY BUSINESS LISTINGS, RATINGS, REVIEWS OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE Mariana Tek APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE Mariana Tek APP, OR THE CONTENT OR SERVICES MADE AVILABLE THROUGH THE Mariana Tek APP SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE Mariana Tek APP.

Mariana Tek DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Mariana Tek APP OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Mariana Tek WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

26. Limitation of Liability and Damages.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Mariana Tek, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE Mariana Tek APP. UNDER NO CIRCUMSTANCES WILL Mariana Tek BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE Mariana Tek APP, YOUR Mariana Tek APP ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Mariana Tek, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE Mariana Tek APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Mariana Tek APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE Mariana Tek APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE Mariana Tek APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Mariana Tek, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Mariana Tek HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.

The Mariana Tek App is controlled and operated from facilities in the United States, the United Kingdom and Australia. Mariana Tek makes no representations that the Mariana Tek App is appropriate or available for use in other locations. Those who access or use the Mariana Tek App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Mariana Tek App if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Mariana Tek App are solely directed to individuals, companies, or other entities located in the United States.

27. Arbitration Agreement.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Mariana Tek and limits the manner in which you can seek relief from us.

• a. Applicability of Arbitration Agreement. If a dispute of any kind arises with a Mariana Tek Subscriber, you agree to resolve that dispute with the applicable Mariana Tek Subscriber. For any dispute that you have with Mariana Tek, we will make every reasonable effort to resolve any disagreements that you have with us. If those efforts fail, by using the Mariana Tek App, you agree that ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND Mariana Tek, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, THAT ARE NOT RESOLVED PURSUANT TO THE PREVIOUS SENTENCE WILL BE RESOLVED by binding arbitration, rather than in court, except that (i) you or Mariana Tek may assert claims in small claims court if the claims qualify; and (ii) you or Mariana Tek may seek relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior to this version of this Agreement.

• b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent CT Corporation System, 818 West Seventh Street, Suite 930, Los Angeles, CA 90017. The CT Corp office in your jurisdiction may be located through the Secretary of State’s website. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at https://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Mariana Tek will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Mariana Tek will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
  If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America. You and Mariana Tek further agree to submit to the personal jurisdiction of any federal or state court in the county of San Luis Obispo, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

• c. Authority of Arbitrator. The arbitrator shall apply California law consistent with the Federal Arbitration Act and shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and Mariana Tek. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and us.

• d. Waiver of Jury Trial. YOU AND Mariana Tek HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Mariana Tek are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 27(a), above.  An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

• e. Waiver of Class Actions or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other claims shall be arbitrated.

• f. 30-Day Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Mariana Tek, Attention: MB App Arbitration Opt Out, 4051 Broad Street, Suite 220, San Luis Obispo, CA 93401 or at app@Mariana Tekonline.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Mariana Tek username (if any), the email address you used to set up your Mariana Tek App account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

• g. Severability. Except as provided in subsection 27(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

• h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Mariana Tek.

• i. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Mariana Tek makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Company at the following address: Mariana Tek, Attention: MB App Arbitration Opt Out, 4051 Broad Street, Suite 220, San Luis Obispo, CA 93401 or at app@Mariana Tekonline.com. Modifications to this Arbitration Agreement will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Modification" is not enforceable or valid, then this subsection shall be severed from the Arbitration Agreement and the court or arbitrator shall apply the first Arbitration Agreement in existence after you began using the Mariana Tek App.

28. Exclusive Venue.

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Mariana Tek agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Luis Obispo County, California.

29. Governing Law.

This Agreement any action related thereto will be governed and interpreted by and under the laws of the state of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

30. Limitation on Time to Initiate a Dispute.

Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one (1) year after the cause of action accrues. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

31. Right to Amend.

We may, in our sole discretion, change or add to the terms of this Agreement at any time, and change, delete, discontinue, or impose conditions on any feature or aspect of the Mariana Tek App. We will also update the “Last Updated” date at the top of this Agreement. Any use of the Mariana Tek App after our publication of any such changes shall constitute your acceptance of this Agreement as modified. If you do not agree to any changes, you must stop using the Mariana Tek App, and you can terminate your Mariana Tek App Account by emailing app@Mariana Tekonline.com. It is your obligation to ensure that you read, understand and agree to the latest version of this Agreement.

32. Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, transferred or delegated by Mariana Tek without restriction. This Agreement is binding on the parties and their successors and permitted assigns.

33. Third-Party Services and Links.

Through the Mariana Tek App, you may be offered and given access to services, products and promotions provided by third parties and not by Mariana Tek (“Third Party Services”). If you decide to access or use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that Mariana Tek is not responsible for the performance of these services or the acts or omissions of the entities that provide them. The Mariana Tek App may contain links to third-party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by Mariana Tek. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement.

Mariana Tek expressly disclaims any liability for these websites and the acts and omissions of the entities that provide them. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link in the Mariana Tek App, is subject to that digital property’s own rules and policies.

34. Questions, Complaints, Claims.

If you have any questions, complaints or claims with respect to the Mariana Tek App, please contact us at app@Mariana Tekonline.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

35. Electronic Communications.

The communications between you and Mariana Tek use electronic means, whether you visit the Mariana Tek App or send Mariana Tek e-mails, or whether Mariana Tek posts notices on the Mariana Tek App or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Mariana Tek in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mariana Tek provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

36. Release.

You hereby release Mariana Tek and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Mariana Tek App, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Mariana Tek App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Mariana Tek or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Mariana Tek App.

37. Consumer Complaints.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

38. General Provisions.

Except as expressly provided in this Agreement, this Agreement a complete statement of the agreement between you and Mariana Tek, and describes the entire liability of Mariana Tek and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Mariana Tek App. Mariana Tek shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. In the event of a conflict between this Agreement and any other Mariana Tek agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Mariana Tek. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that Mariana Tek may have under trade secret, copyright, patent, or other laws. Mariana Tek’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

39. Survival.

In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 8, 10-15, 18, 21-33, 35, 36, 38 and 39.

Mariana tek Privacy Policy

Last Updated: October 20, 2022

At Mariana Tek, Inc. and our Mariana Tek subsidiaries (“Mariana Tek”), we respect your privacy and are committed to maintaining your trust. This privacy policy (“Privacy Policy”) applies to visitors of our Mariana Tek sites and users of the Mariana Tek Services.

This Privacy Policy describes our practices and your rights in connection with information that we collect, use, or disclose through:

• our consumer-facing mobile application (“Mariana Tek App”),

• our consumer-facing websites, currently located at https://www.Mariana Tekonline.com/explore and https://www.fitmetrix.io (the “Mariana Tek Consumer Site(s)”),

• our online business management software products (“Software Service”),

• our social media pages,

• our applications through which Mariana Tek makes the Software Service available, including the Mariana Tek business app and the Mariana Tek, Booker, and FitMetrix branded mobile apps (collectively the “Apps”),

• HTML-formatted email messages that we send to you that link to this Privacy Policy,

• and any other products and services offered through any other venues, websites and mobile applications that direct you to this Privacy Policy.

Collectively the “Mariana Tek Services”.

When you access or use the Mariana Tek Services, you agree to the terms and conditions of this Privacy Policy and that the information contained in this Privacy Policy serves as notice at or before the point of collection for all information collected as described below.

1. Defined Terms

The following terms will have the meanings indicated below. Please refer to our Subscriber Terms of Service or the Mariana Tek Consumer Agreement for any capitalized terms that are not defined in this Privacy Policy.

“End User” means any individual who interacts with the Mariana Tek Services, including users of our mobile applications such as the Mariana Tek App, and individuals who book appointments, purchase services and otherwise interact with our Subscribers through the Mariana Tek Services.

“Other Information” is any information that does not reveal your specific identity or does not relate to an individual, such as usage data not linked to any unique identifiers.

“Personal Information” means data that relates to or about an identified or identifiable natural person or, where applicable, household as defined under relevant law. This may include information such as name, postal address, telephone number, email address, or unique online identifiers.

“Subscriber” is any business or entity that subscribes to (or otherwise accesses or uses) our Software Service, including any staff, employees, consultants, advisors, or independent contractors accessing the Mariana Tek Services on the Subscriber’s behalf.

Sometimes, we use the term “information” in this Privacy Policy, which may refer to either Personal Information or Other Information.

2. Categories of Personal Information

While the Personal Information we collect varies depending upon the nature of the Mariana Tek Services provided or used and our interactions with individuals, Personal Information we may collect or obtain includes:

• Contact details (e.g., name, address, email, telephone number, which may include third party emergency contact information),

• Personal details (e.g., date of birth, education, nationality),

• Financial and transaction data (e.g., purchase history, account information, shipping and billing information, including credit card information etc.),

• Health and fitness tracker data collected from heart rate monitors and other performance monitoring activities,

• Other Mariana Tek Services related data (e.g., customer requests, statistics, etc.),

• Geolocation data with your permission (e.g. geolocation data sent via a mobile device),

• Images you upload to the Mariana Tek Services,

• Online identifiers (e.g. IP address, Device IDs, etc.), and

• Cookie-related data as described below and as detailed in our Cookie Policy.

3. How We Collect Information

• Through the Mariana Tek Services
  
  
  We collect information about you whenever you use the Mariana Tek Services, for example:

  • If you are an End User, when you create an account on the Mariana Tek App or through the Mariana Tek Consumer Site(s), we may ask for Personal Information such as your name, email and postal address, social media account ID, and Other Information you may provide with your account.

  • If you are an End User interacting with the Mariana Tek Services through a Subscriber, we also collect Personal Information that you provide to the Mariana Tek Services when you initiate a transaction or otherwise engage with the Subscriber, such as to book an appointment, make a purchase, or respond to a marketing campaign.

  • If you are a Subscriber, when you sign up for our Software Service, we ask for your company name, address, phone number, email, credit card information, tax identification number, and other information about your business, as well as names and email addresses of authorized individuals on your account. If you attend one of our events (e.g., a tradeshow, webinar, or training), we may ask for your feedback, contact details or other information to follow-up with you, such as send you marketing communications consistent with your choices.

  • We collect information about you when you interact with the Mariana Tek Services. For example, if you initiate a transaction through the Mariana Tek Services, such as a purchase, we may collect information about you, such as your name, email, phone number, address, credit card information, as well as any other information you provide in order to process the transaction. This information may be shared with others for the same purposes. We encrypt credit card numbers using industry standard technology. We may also collect other Personal Information at the request of the Subscriber you are transacting with or through. We may also store information that your computer or mobile device provides to us in connection with your use of the Mariana Tek Services, such as IP address, operating system, device ID, and device type.

  • We may collect information about others from you, including your emergency contacts, and only use this information for the reason it was provided.

  • We and our service providers collect information about your location when you use or access Mariana Tek Services. The degree of precision of the location data varies depending on the source of such information. Those sources include:

    • Data from your device through settings you activate:

    • Other location sources:

      • IP address

  • We collect and use this location-related data in order to

    • Provide you with services you have purchased or requested

    • Deliver content that is relevant to you based upon your location

    • Deliver marketing or ad content that is relevant to you based on your location

    • Protect against abuse or misuse of services or of your account

    • Improve our site and services

  • You may disable the collection and use of your location data through your browser-, operating system- or device-level settings. Consent concerning location data may be withdrawn at any time by changing these settings.

• From other sources

  • In addition to the information we collect from you through Mariana Tek Services, we may receive information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Mariana Tek App account, certain information from your social media account may be shared with us, including information that’s part of your profile or your friends’ profiles. We may also collect other Personal Information through the Mariana Tek Services under the direction of our Subscribers.

You do not have to provide us with certain Personal Information, however, if you do not provide or enable us to collect the necessary information, we may not be able to provide the Mariana Tek Service. If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Mariana Tek Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

4. How Personal Information May Be Used

We may use your Personal Information for legitimate business purposes, including:

• To provide the functionality of Mariana Tek Services and related support.

  • To create, and administer accounts, fulfill and record transactions, and provide you with related assistance (e.g., technical help, answer inquiries relating to Personal Information, etc.).

  • To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.

• We will engage in these activities to manage our contractual relationship with you, with your consent, and/or to comply with a legal obligation.

• To provide you with marketing and promotional materials and opportunities and facilitate social sharing.

  • To send you marketing communications and offer other materials that we believe may be of interest to you, such as to send you newsletters or other direct communications.

  • To share information with other marketers (and their service providers) to permit them to send you marketing communications, consistent with your choices.

  • To allow you to participate in sweepstakes, contests or similar promotions.

  • To facilitate social sharing functionality if you choose to do so.

• We will engage in this activity with your consent, to manage our contractual relationship with you, or where we have a legitimate interest. (Note: Health and fitness tracker data that is obtained via third parties will not be used for this purpose).

• For reporting and trending.

  • To better understand you and our other users, so that we can tune and personalize our offering.

  • For trending and statistics, and to improve our products and services

• We will engage in this activity because we have a legitimate interest.

• To accomplish our business purposes.

  • For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory or contractual requirements.

  • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft.

  • For responding to legal duties, such as requests from public and government authorities.

  • To defend our legal rights or those of others.

• We will engage in these activities to comply with a legal obligation or because we have a legitimate interest.

To the extent that we process your Personal Information based on your consent, you may withdraw your consent at any time.

5. What and How Personal Information May Be Disclosed

Certain privacy laws require that we disclose certain information about the categories of Personal Information (as defined by applicable law) that we have disclosed for a business purpose as well as the categories that we have “sold” as defined under applicable law.

Disclosed for a business purpose. In general, we may disclose the following categories of Personal Information (as described above in more detail) to our Partners and Service Providers to provide the Mariana Tek services:

• Contact details,

• Personal details,

• Financial and transaction data,

• Health and fitness tracker data collected from heart rate monitors and other performance monitoring activities,

• Other Mariana Tek Services related data,

• Geolocation data,

• Online identifiers, and

• Cookie-related data.

We do not sell your data.

We may disclose your Personal Information:

• To our affiliates for the purposes described in this Privacy Policy. Mariana Tek, Inc. is the party responsible for the management of the jointly-used Personal Information.

• To our integrated partners and service providers who provide services to us or to our Subscribers, such as website hosting, data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.

• To our Subscribers if you are an End User and are using our Mariana Tek Services to interact with that Subscriber. Please contact the Subscriber you interact with directly for more information on that Subscriber’s privacy practices.

• To third parties to permit them (or their own customers) to send you marketing communications, consistent with your choices.

• To sponsors of sweepstakes, contests and similar promotions, consistent with your choices.

• To you, through message boards, dashboards, challenges, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the sections below titled “Testimonials, Ratings and Reviews” and “Public Forum.”

• To other website users as well as to your social media account provider, in connection with your social sharing activity, such as if you connect your Facebook account to your Mariana Tek App account or our social media pages.

• In the context of a corporate transaction. If Mariana Tek is involved in a sale or business transaction (e.g., merger or acquisition), Mariana Tek will retain a legitimate interest in disclosing or transferring your Personal Information to other parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), including in any negotiations leading to such. Such parties may include, for example, an acquiring or target entity and its advisors.

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information. In some instances, we may combine Other Information with Personal Information. If we combine any Other Information with Personal Information, we will treat the combined information as Personal Information.

6. Privacy Rights regarding your Personal Information

This section provides specific information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”) as well as other jurisdictions and regulations that allow for individual privacy rights such as the European Economic Area, the United Kingdom, and the General Data Protection Regulation (“GDPR”).

Explanation of Individual Rights

Right to a Copy/Access or Portability: You may have the right to request, free of charge, a copy of the specific pieces of Personal Information that we have collected about you in a readily useable format that allows you to transmit this information to another entity without hindrance.

Right to Know: You may have the right to request, free of charge, that we provide certain information about how we have handled your Personal Information, including the categories of Personal Information collected; categories of sources of Personal Information; business and/or commercial purposes for collecting your Personal Information; categories of third parties/with whom we have shared your Personal Information; and whether we sell any categories of Personal Information to third parties (however, we do not sell your Personal Information).

Right to Deletion: You may have the right to request deletion of your Personal Information that we have collected, subject to certain exemptions. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). We may also retain residual information, such as records to document that your request has been fulfilled.

Right to Non-Discrimination: You may have the right not to receive discriminatory treatment on the basis of exercising your privacy rights under applicable law.

Right to Correct/Rectify: You may have the right to rectify any incorrect Personal Information we may hold about you.

Right to Object/Restrict: You may have the right to object to a specific use of your Personal Information as it is laid out in this Privacy Policy subject to our legitimate business interests.

Submitting a Request

Where applicable law allows for such a right, if you would like to request to access, correct, object to the use, restrict or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may submit a request through the Mariana Tek Services themselves or contact us at privacy@Mariana Tekonline.com with the subject line "Data Subject Request". We will respond to your request consistent with applicable law.

If you are an End User you may, depending on the Mariana Tek Service utilized, be able to access, correct or request deletion of Personal Information that you have previously provided to us through your online customer account. These Data Subject Requests and other rights, including objection, restriction and portability (to the extent this right to data portability is provided to you by applicable law), can also be made directly to the relevant Subscriber.

For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Where applicable law allows for an authorized agent to submit such a request, please contact us at privacy@Mariana Tekonline.com with the subject line "Data Subject Request – Agent Request" and someone will be in touch with the agent and the End User to verify the request. We will try to comply with your request as soon as reasonably practicable. Moreover, where you are an End User, Mariana Tek may need to forward your request and refer you to your Subscriber who may be better placed to address your request.

If you are under 18 years of age and a user of the Mariana Tek Services, you may also be entitled to ask us to remove content or information that you have posted to the Mariana Tek Service by submitting a Support Request. Please note that your request does not ensure complete or comprehensive removal of the content or information if doing so infringes on the rights of another user.

If you are an End User of one of our Subscribers and would no longer like to be contacted by one of our Subscribers, or would like request the exercise of a right as set out above in relation to Personal Information held by a Subscriber, please contact the Subscriber directly.

7. Your choices regarding our use and disclosure of information

Except for health and fitness tracker data that is obtained via third parties, information we collect may be used by Mariana Tek for marketing purposes such as one-off promotional emailing, mobile text messages, direct mail, and sales contacts. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may:

• Opt-in or opt-out from receiving electronic communications from us: If you are a user of the Mariana Tek App or the Mariana Tek Consumer Site(s) and no longer want to receive marketing-related emails or mobile text messages from us on a going-forward basis, you may opt-out of receiving these marketing-related emails or mobile text messages by changing your preferences in your account settings or following the unsubscribe prompts from within the messages themselves. If you have provided your information to Mariana Tek, and opt-out, Mariana Tek will put in place processes to honor your request. This may entail keeping some information for the purpose of remembering that you have opted-out.

• Consent to sharing of your Personal Information with unaffiliated third parties for their (or their customers’) direct marketing purposes: We only share your Personal Information with unaffiliated third-parties for their marketing purposes when you have consented to the sharing. We do not share data with unaffiliated third-parties in the absence of your consent and such consent will only be valid for a single data transfer. To address what these unaffiliated third-parties do with your data once you have consented to the sharing, please contact the third-party to learn more about your choices.

We will try to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you messages for administrative, transactional or other purposes directly relating to your use of the Mariana Tek Services, and you cannot opt-out from receiving those messages.

Our mobile applications may also send push notifications to your mobile device, provided you consented to this. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off at the device level. The applications may also request access to your device’s calendar application, storage, Bluetooth, camera, and microphone. If you have previously allowed access to your device’s calendar and no longer wish to allow access, you may edit the application settings at the device level.

8. Tracking and Advertising

We, our service providers and partners may collect Other Information and certain Personal Information in a variety of ways. We and/or our service providers may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on the Mariana Tek Services by informing us what content is effective. For more information on our use of cookies and similar technologies, including instructions on how to opt-out, please refer to our Cookies Policy.

9. Social Media Features and Widgets

The Mariana Tek Services includes social media features such as the Facebook Like button, and widgets, such as the Share This button or interactive mini-programs that run on our websites. These features may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our websites. Your interactions with these features are shared with such third parties and governed by the privacy policy of the company providing it.

10. Public Forum

Our websites offer publicly accessible message boards, blogs, and community forums. Please keep in mind that if you disclose Personal Information through Mariana Tek public message boards, blogs, or forums, as offered through the Mariana Tek Services, this information may be viewed, collected and used by others. To request removal of your Personal Information from our blog or community forum, please submit a Support Request. In some cases, we may not be able to remove your Personal Information or some content (if, for example, it is reposted by another user), in which case we will let you know if we are unable to do so and why.

11. Sign-In Services

You can log in to some of the Mariana Tek Services using sign-in services such as Facebook Connect, Google or an Open ID provider. These services will authenticate your identity and provide you the option to share certain Personal Information with us such as your name and email address to pre-populate our sign-up form. Some services like Facebook Connect give you the option to post information about your activities on our websites to your profile page to share with others within your network. In addition, when using some of our mobile applications we may allow you a chance to tell friends about our services by accessing the contacts in your Facebook or other social media account.

12. Testimonials, Ratings and Reviews

If you submit testimonials, ratings or reviews to the Mariana Tek Services, any Personal Information you include may be displayed in the Mariana Tek Services. If you want your testimonial removed, please submit a Support Request.

We also partner with service providers to collect and display ratings and review content on our web sites.

13. Payment Processors

We currently use payment processors as a Third Party Offering for internet-based payment services. If you wish to make a payment through Mariana Tek Services, your Personal Information may be collected by such third parties directly and not by us, and will be subject to the third party’s privacy policy. We have no control over, and are not responsible for, third parties’ collection, use and disclosure of your Personal Information.

Where a third-party payment processor is utilized as a sub-processor, we have implemented appropriate onward transfer safeguards over your Personal Information. See Section 23 for a list of sub-processors and their applicable privacy policies.

14. Links To Other Websites

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our Subscribers and any third party operating any Third Party Offering, site or other products and services used in connection with the Mariana Tek Services. The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Mariana Tek Services, including our social media pages.

15. Data Retention

We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide the Mariana Tek Services to you (for example, for as long as you have an account with us or keep using the Mariana Tek Services);

• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

16. Security of Your Information

The security of Personal Information is a high priority at Mariana Tek. We seek to use reasonable technical, administrative and physical safeguards designed to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any questions about the security of your interaction with us please refer to our Security Policy

17. Use of Service By Minors

The Mariana Tek Services are not directed or targeted at children under the age of sixteen (16), and we request that they do not provide Personal Information through the Mariana Tek Services.

18. International Transfers

The Mariana Tek Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities, namely the United States and the United Kingdom, or in which we engage service providers, and by using the Mariana Tek Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country and whose laws don’t provide the same level of protection as in the European Economic Area (“EEA”) or UK. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

Some non- EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en). For transfers from the EEA and Switzerland to countries not considered adequate by the European Commission (the United States) we have put in place adequate measures, such as the applicable module(s) of the standard contractual clauses (based on the standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 as amended or replaced from time to time by a competent authority under the relevant data protection laws and published here, a copy of which can be obtained by Contacting Us, see below) (the “Standard Contractual Clauses”). For transfers from the United Kingdom to countries not considered adequate by the Commissioner, we have put in place the relevant UK Standard Contractual Clauses as amended by the Commissioner for the UK data protection laws and published here.

19. Sensitive Information

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, genetic characteristics, trade union membership or criminal background) on or through the Mariana Tek Services or otherwise to us, except where explicitly requested or consented to.

20. EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield

We rely on standard contractual clauses (based on the clauses published at Standard contractual clauses for international transfers | European Commission (europa.eu) (for the EEA and Switzerland) and https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/ (for the UK), a copy of which can be obtained by Contacting Us, see below) for transfers of personal data from the EEA.

Nonetheless, and in addition to standard contractual clauses, we are committed to subjecting all personal data received from EEA member countries, the United Kingdom, and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. https://www.privacyshield.gov/list.

Mariana Tek is responsible for the processing of personal data it receives under each Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. Mariana Tek complies with the Privacy Shield Principles for all onward transfers of personal data from the EEA, the United Kingdom, and Switzerland, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Mariana Tek is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you think your personal data has been transferred pursuant to a Privacy Shield Framework and you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

21. Changes to This Privacy Policy

Mariana Tek may make changes to this Privacy Policy from time to time. Any changes we make will become effective when we post a modified version of the Privacy Policy to https://company.Mariana Tekonline.com/legal/privacy-policy. If we make any material changes to the Privacy Policy, we may also notify you by posting notice on our websites or within the applicable Mariana Tek Services, or by sending you an email. If you continue using the Mariana Tek Services after any notice of any such changes, it means you have accepted them. If you do not agree to any changes, you must stop using the Mariana Tek Services, as applicable. It is your obligation to ensure that you read, understand and agree to the latest version of The Privacy Policy. The “Last Updated” legend at the top of the Privacy Policy indicates when it was last updated.

22. Contact Us

If you have any questions regarding this Privacy Policy you can contact us via email at privacy@Mariana Tekonline.com or via postal mail at:

ATTN: Mariana Tek Legal - Privacy Policy Issues

Mariana Tek, Inc.

4051 Broad Street Suite 220

San Luis Obispo, CA 93401

For the EEA, you may also:

• Contact our Data Protection Officer responsible for your country or region, if applicable at privacy@Mariana Tekonline.com.

• Lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

23. Sub-Processors

The following is a list of current third-party vendors that may either directly or indirectly collect information from you in their capacity as a Sub-Processor. Please review the relevant privacy policies (links current as of the date of publication of this Privacy Policy) for further information on how each third-party handles your Personal Information:

Third Party Name Privacy Policy/Notice LinkSendgridhttps://sendgrid.com/policies/privacy/Stripehttps://stripe.com/us/privacyTwiliohttps://www.twilio.com/legal/privacyMailchimphttps://mailchimp.com/legal/privacy