By visiting www.marianamarinescu.com you are consenting to our terms and conditions.
Terms and Conditions
The terms “we”, “us”, “our” “Mariana Marinescu” and “Undercover Business Therapist” refers to Mariana Marinescu. The term the “Site” refers to www.marianamarinescu.com and all sites connected with www.marianamarinescu.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Mariana Marinescu provides a website where users can read articles on self development, productivity and goal setting and a service where users may purchase coaching services and digital products related to self development, productivity and goal setting (the “Service”).
Use of www.marianamarinescu.com, including all materials presented herein and all online services provided by www.marianamarinescu.com (“Mariana Marinescu”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
Use of the Site + Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site and in the Service related to self development, productivity and goal setting and other information are subject to change. Mariana Marinescu makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Mariana Marinescu disclaims all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to Mariana Marinescu will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law.
Refusal of Service
The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you’ve signed up for a subscription with us, the subscription renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. Your subscription will start as soon as your credit card is successfully charged.
If you have signed up for an online class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
If you have submitted a deposit or payment in full for a service, Mariana Marinescu has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.
Cancellations, Refunds & Returns
All sales of digital products downloadable upon confirmation of purchase are final. All live online workshops, courses and trainings being given during a specific time period are eligible are final. Mariana Marinescu does not accept cancellations once your order is placed.
24-hour notice is required when cancelling or re-scheduling coaching sessions. Those who give less than 24-hours notice for cancelling or re-scheduling a coaching call will be charged at the full amount for the session and is non-refundable.
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions, because we might not have drank enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Mariana Marinescu from any claim against Mariana Marinescu resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Mariana Marinescu reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
Intellectual Property Rights to Your Materials
Mariana Marinescu does not claim ownership of Material you supply to Mariana Marinescu. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Mariana Marinescu to use and distribute the posted Material in connection with Mariana Marinescu’s website and any related Mariana Marinescu publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to Mariana Marinescu, you agree to hold Mariana Marinescu harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Our Intellectual Property
All content provided on the Site and in the Service are the intellectual property of Mariana Marinescu. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
No Professional Advice
The information contained in or made available through our Site (including but not limited to information contained on videos, message boards, comments, on coaching calls, in emails, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site.
The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and advice on self development, productivity, mind set and goal setting. Some of the links to these tools and websites are regular links. And some of these links are links that, if you click them and purchase, I might get a commission in exchange.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Mariana Marinescu is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Mariana Marinescu has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Mariana Marinescu’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Mariana Marinescu, and if no purchase has been made by you Mariana Marinescu’s cumulative liability to you shall not exceed $100.
Third Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with HOM. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Mariana Marinescu shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Mariana Marinescu.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
The information, products and services offered on or through the site and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extend permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties or merchantability and fitness for particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the serves that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the site or materials on the site or any third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Nordrhein-Westfalen as applied to contracts that are executed and performed entirely in Germany. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the Regional Court of Düsseldorf, Düsseldorf. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.
We use the following cookies:
Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of the e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users find what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we use and the purposes for which we use them below.
First-party (IT Governance Ltd) cookies – This website will set some cookies that are essential for the website to operate correctly. These cookies, none of which capture personally identifiable information, are as follows:
Visitor ID – this cookie is a numeric value that identifies unique visitors and provides coherence and consistency to a site visit;
Page Number – this cookie identifies the page you are on; Session ID – this cookie identifies your website session; Test – this cookie checks whether or not your browser supports cookies; Order – this cookie ensures that your shopping basket works correctly.
Third-party cookies – Our websites will set several types of third-party cookie, and we do not control the operation of any of them. The third-party cookies which may be set include:
Askimet – we use Askimet to block spam comments. It’s a plug-in that blocks suspicious comments (including suspicious IP addresses) so that we don’t have to spend huge chunks of time deleting spam comments. You can view their terms of service right here: https://akismet.com/tos/
You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you create an account, participate in any interactive features of the Services, subscribe to a newsletter or email list, participate in an event, survey, contest or promotion, make a purchase, communicate with us via third-party social media sites, request customer support or otherwise communicate with us.
The types of information we may collect include your name, email address, password, postal address, phone number, gender, date of birth, occupation, employer information, photo, payment information (such as your credit or debit card and billing address), preference or interest data, and any other information you choose to provide.
If you provide an email address to invite a friend to participate in the Services, we will collect that email address and use it to send your friend such an invitation.
Information We Collect Automatically
When you access or use our Services, we may automatically collect information about you, including:
Log Information: We collect log information about your use of the Services, including your Internet Protocol (“IP”) address, web request, access times, pages viewed, web browser, links clicked and the page you visited before navigating to the Services.
Mobile Device Information: We collect information about the mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers, mobile network information and information about your use of our mobile applications.
Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various technologies to collect information, including cookies and web beacons. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience, see which areas and features of our Services are popular, and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your account through a third-party social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site; we may also collect information about you when you post content to our pages/feeds on third-party social media sites.
Use of Information
We may use information about you for various purposes, including to:
• Provide, maintain, improve and promote our products and services;
• Provide and deliver the information, products and services you request, process transactions and send you related information, including confirmations and receipts;
• Send you technical notices, updates, security alerts, and support and administrative messages;
• Respond to your comments, questions and requests, and provide customer service;
• Communicate with you about products, services, surveys, offers, promotions, rewards and events offered by Company and others, and provide news and information we think will be of interest to you;
• Monitor and analyse trends, usage and activities in connection with our Services;
• Personalise and improve the Services and provide advertisements, content or features that match user profiles or interests;
• Facilitate contests, sweepstakes and promotions, and process and deliver entries and rewards;
• Link or combine with information we get from others to help understand your needs and provide you with better service; and
• Carry out any other purpose for which the information was collected.
We are based in Germany and the information we collect is governed by German law. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to Germany and other countries.
Sharing of Information
• With vendors, consultants and other service providers who need access to such information to carry out work or perform services on our behalf;
• When you participate in the interactive areas of our Services, certain information you provide may be displayed to other users, such as your name, photo, comments and other information you choose to provide;
• In response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
• If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of Company or others;
• In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company; and
• With your consent or at your direction.
Social Sharing Features
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Company takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorised access, disclosure, alteration and destruction.
You may review, correct or modify information maintained in your online account at any time by logging into your account and updating your profile information or by emailing us at email@example.com. If you wish to delete or deactivate your account, please email us at firstname.lastname@example.org, but note that some information you provide through the Services may continue to be accessible (e.g., comments you submit through the Services) and that we may continue to store information about you as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability or functionality of our Services.
You may opt out of receiving promotional communications from us by following the instructions in those communications or by sending an email to email@example.com. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
How You Can Access, Update or Delete Your Personal Data
You have the right to:
- Request information about how your Personal Data is being used and request a copy of what Personal Data we use.
- Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.
- Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
- Withdraw your consent at any time to the processing of your Personal Data.
- Lodge a complaint with a supervisory authority if you feel we are using your Personal Data unlawfully.
- Receive Personal Data portability and transference to another controller without our hindrance.
- Object to our use of your Personal Data.
- Not be subject to an automated decision based solely on automatic processing, including profiling, which legally or significantly affects you.
You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at firstname.lastname@example.org.
Last updated: May 2018