All use of Matthew Ferrara & Company world wide web pages is subject to the terms and conditions set forth herein. Any use of such web pages constitutes the user’s agreement to abide by the following terms and conditions.
All information provided by Matthew Ferrara & Company and its affiliates is owned by or licensed to Matthew Ferrara & Company. Matthew Ferrara & Company and its licensors retain all proprietary rights to the information. Matthew Ferrara & Company has the right to use all material entered into these web pages (other than third-party material transmitted through private electronic mail) in any of Matthew Ferrara & Company’ print or electronic publications. Except for making one hard copy print of limited portions of the information on an ad hoc basis, or downloading as expressly authorized by Matthew Ferrara & Company, Matthew Ferrara & Company information may not be reproduced, transmitted or distributed without Matthew Ferrara & Company’ permission. Matthew Ferrara & Company makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the information. Neither Matthew Ferrara & Company nor its affiliates shall be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in the information or for any damages resulting therefrom.
Users entering materials on any of these web pages are responsible for the content of that material. Matthew Ferrara & Company has no responsibility for the content of any messages or information posted by users, or for the content of information of third-parties on the internet, even if accessed through Matthew Ferrara & Company’ pages. However, Matthew Ferrara & Company retains the right, which it may or may not exercise, in its sole discretion, to review, edit or delete from the service any third-party material which Matthew Ferrara & Company deems to be illegal, offensive or otherwise inappropriate.
Users may through hypertext or other computer “links” gain access to other sites on the internet which are not part of Matthew Ferrara & Company’ web pages. Matthew Ferrara & Company assumes no responsibility for any material outside of Matthew Ferrara & Company web pages which may be accessed through any such “link.”
The user agrees to indemnify Matthew Ferrara & Company from any damages, losses, costs or expenses which Matthew Ferrara & Company, its affiliates, their respective employees and authorized representatives may incur as a result of material entered into these web pages by the user.
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THE MATTHEW FERRARA LEARNING NETWORK SITE. BY ACCESSING THE SITE, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING THE MATTHEW FERRARA LEARNING NETWORK SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS THE MATTHEW FERRARA LEARNING NETWORK MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
• “Signing in”, “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
• “Company Subscriber” refers to a Subscriber who purchases a subscription to the MATTHEW FERRARA LEARNING NETWORK for multiple Users.
• “MATTHEW FERRARA LEARNING NETWORK” or “MFLN” means the subscription-based content available through the Site
• “Single-User Subscriber” refers to a Subscriber who purchases a subscription for one (1) User.
• “Subscriber” refers to any person or entity that purchases or uses a subscription to the MATTHEW FERRARA LEARNING NETWORK, and may be a Single-User Subscriber or Company Subscriber
• “User” refers to any party who Accesses the Site.
• “Website” or “Site” refers to the website maintained by the Matthew Ferrara Learning Network, available at http://www.matthewferrara.com and http://mflearn.com
Modification of Terms
The Matthew Ferrara Learning Network reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after the Matthew Ferrara Learning Network gives notice to the User by e-mail, a posting on the Site or any other means by which a User may obtain notice. Use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
Subscriber Fees, Term and Refund Policy
Subscribers / Monthly
• Automatically renews monthly until cancelled by Subscriber on the same date of each corresponding month
• Subscription fees are non-refundable
• Subscriber may cancel subscription by phone or written notification within 24 hours of renewal date to prevent future charges.
• The Matthew Ferrara Learning Network may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that the Matthew Ferrara Learning Network provides notice at least thirty (30) calendar days prior to the expiration of an existing subscription
• The Matthew Ferrara Learning Network may terminate the subscription of any Subscriber if unable to renew the subscription based on inaccurate or outdated credit card information or improper use of the Site under the Terms herein
• Right of Access to the MFLN granted under these Terms is effective only upon payment of the subscription fees
Subscribers / Annual
• Does not automatically renew. Subscriber will receive notice to renew at their discretion.
• Annual subscriptions incorporate all other terms of the Single Payer Monthly subscription above
• Automatically renews monthly until cancelled by Subscriber on the same date of each corresponding month
• Subscription fees are non-refundable
• Individual Users authorized under a Company Subscription plan shall not be charged individually nor shall they be provided access individually should their Company Subscriber cancel or otherwise fail to renew their monthly subscription.
• Individual users of a Company Subscription shall be granted access based upon registration by an authorized representative of the Company, who shall provide the email address for each authorized User they wish to be included under their Subscription plan, under the terms of purchase at the time of Subscription.
• Company subscriptions incorporate all other terms of the Single Payer Monthly subscription above
Access to the MFLN
The Matthew Ferrara Learning Network provide its Subscribers new and changed content on a continuous basis. MFLN will make reasonable efforts to provide uninterrupted Access to the MFLN to its Subscribers, notwithstanding conditions beyond its control such as: force majeure, acts of God, power outages, or third party internet or server service interruptions. Access may be temporarily unavailable due to software issues, server downtime, Internet traffic, programming errors, maintenance of the system, and other related reasons.
MFLN seeks to provide the highest quality content to Subscribers. It reserves the right, at its sole discretion, to change, modify, or discontinue any content or feature of this Site in whole or in part, without limitation. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
Prohibited Use and Content
User expressly agrees to refrain from engaging in, either personally or through an agent, any of the following “Prohibited Use”:
1. Transmit, install, upload or otherwise transfer any virus, advertisement, content, or other item or process to the Site that in any way affects other Subscriber(s’) use, enjoyment or service of the Site, or adversely affects the Matthew Ferrara Learning Network’s computers, servers or databases.
2. Capture, download, save, repost, frame, hyperlink or otherwise retain or re-use information and content available on the Site other than what is expressly allowed by these Terms.
3. Provide others Access to the Site using Subscriber’s user name and password or any other means of unauthorized access.
4. Copy, modify, reverse engineer, redistribute, republish, frame, link-to, alter, create derivative works from, assign, license, resell, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
5. Remove or modify any copyright, trademark, legal notices, or other proprietary marks from the content or the Site.
6. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
7. Advertise or otherwise solicit funds, goods or services on the Site.
To ensure that Users of the Site do not engage in Prohibited Use, MFLN reserves the right to monitor usage and reserves the right to revoke or deny Access to any person or entity whose use violates the Prohibited Uses herein.
THE MATTHEW FERRARA LEARNING NETWORK PROVIDES NO WARRANTY THAT SUBSCRIBER(S)’ HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. ALTHOUGH THE MATTHEW FERRARA LEARNING NETWORK HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
DISCLAIMERS AND LIMITATION OF LIABILITY
USER ACCESSES THE SITE AT OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH ABOVE), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. THE MATTHEW FERRARA LEARNING NETWORK DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE CONTENT OR SITE. THE MATTHEW FERRARA LEARNING NETWORK DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE MATTHEW FERRARA LEARNING NETWORK OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF THE MATTHEW FERRARA LEARNING NETWORK, VIRUS, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. THE MATTHEW FERRARA LEARNING NETWORK IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO AGENT OR EMPLOYEE OF THE MATTHEW FERRARA LEARNING NETWORK IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
THE MATTHEW FERRARA LEARNING NETWORK DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT THE MATTHEW FERRARA LEARNING NETWORK RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
Third Party Content and Hyperlinks
The Matthew Ferrara Learning Network does not pre-screen third party materials. The Matthew Ferrara Learning Network is not the publisher or author of any information on the Site that provided by third party content providers, nor shall it be not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and the Matthew Ferrara Learning Network’s use of any third party content does not constitute an endorsement or a recommendation of the content. Matthew Ferrara Learning Network assumes no responsibility for third party products or services. Matthew Ferrara Learning Network may contain links and references to other third party websites and materials. Matthew Ferrara Learning Network does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users.
THE MATTHEW FERRARA LEARNING NETWORK MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, THE MATTHEW FERRARA LEARNING NETWORK DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
Copyrights, Trademarks and Other Proprietary Rights
Matthew Ferrara Learning Network or its third party content providers shall retain all rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, inventions, ideas, trade secrets, source code, HTML code, layout, and all other graphical elements, including copyrights in and to its original content. Except as expressly stated on the Site or in these Terms, nothing contained within MFLN may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of the Matthew Ferrara Learning Network. Nothing in these Terms grants license express or implied to use any of the Matthew Ferrara Learning Network’s intellectual property except as set forth herein.
User agrees to defend, indemnify and otherwise hold harmless the Matthew Ferrara Learning Network and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Use or other improper or illegal use of the Site, or breach of these Terms.
Security; Authorized Use
You may not use the account, user name or password of someone else at any time. You agree to notify the Matthew Ferrara Learning Network immediately of any unauthorized use of Your account, user name, password and/or credit card information. Matthew Ferrara Learning Network will not be liable for any loss incurred as a result of someone else using your user name and password.
Termination of Agreement
In addition to the Matthew Ferrara Learning Network’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Matthew Ferrara Learning Network may also terminate Access to the MFLN or cancel subscriptions to the MFLN without notice if it believes, in its sole judgment, a Subscriber has breached or may breach any term or condition of this Agreement, or has engaged in conduct that Matthew Ferrara Learning Network deems inappropriate.
Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.