Effective Date: June 1st, 2024

We are MARBY INC., doing business as Marby ("Company," "we," "us," "our"), a company registered in New york.

We operate the website https://www.marbyclub.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). 

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Services.

1. Acceptance of Terms

By using our Services, you agree to comply with and be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you are prohibited from using or accessing our Services.

2. Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

3. Use of Our Services

Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.

Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account.

Prohibited Conduct

You agree not to:

• Use our Services for any illegal purpose or in violation of any local, state, national, or international law.
• Harass, threaten, demean, embarrass, or otherwise harm any other user of our Services.
• Post or share any content that is false, misleading, or deceptive.
• Use our Services to transmit any harmful or disruptive code, such as viruses or malware.
• Attempt to gain unauthorized access to our Services or any part of our systems or networks.

4. Orders and Payment

Order Acceptance

All orders placed through our Services are subject to acceptance by Marby. We reserve the right to refuse or cancel any order for any reason, including availability, errors in the description or price of the product, or errors in your order.

Payment

You agree to pay all charges for your orders at the prices in effect when such charges are incurred. You must provide a valid payment method. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

5. Intellectual Property

Ownership

All content and materials included on our Services, including text, graphics, logos, images, and software, are the property of Marby or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal, non-commercial use. This license does not include any resale or commercial use of our Services or its contents.

6. Disclaimers and Limitation of Liability

Disclaimers

Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted or error-free.

Limitation of Liability

To the fullest extent permitted by law, Marby shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use our Services; (b) any unauthorized access to or use of our systems or any personal information; (c) any errors or omissions in our Services; or (d) any other matter related to our Services.

7. Modifications to the Services and Prices

 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

9. Prohibited Uses:

 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

10. Indemnification

You agree to indemnify, defend, and hold harmless Marby and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of our Services, or your violation of these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New york, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in United States, New York for the resolution of any disputes arising out of or relating to these Terms or your use of our Services.

12. Contact Us

If you have any questions about these Terms, please contact us at:

MARBY INC.

573 Old Country Road

Huntington Station, 11746

United States

info@marbyclub.com

Thank you for choosing marby. We hope you enjoy using our Services.