MARIGOLD
USER TERMS OF USE
These User Terms of Use (the "Terms") are applicable to your access to and use of the website and mobile application (if applicable) provided to you by Marigold Experiences LLC, a Delaware limited liability company ("Marigold," "we," or "us").
Please read these Terms carefully. By (i) clicking "Accept", "I agree", or a similar checkbox or button referencing these Terms, or (ii) accessing or using the Marigold Platform (as defined below) you will indicate your acceptance of these Terms. If you do not agree with these Terms, please do not proceed with, or promptly discontinue, your use of the Marigold Platform (as defined below).
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 10 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND MARIGOLD ARE EACH GIVING UP RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON MARIGOLD'S LIABILITY ARE EXPLAINED IN SECTIONS 11 and 12.
1 General Provisions.
1.1 Definitions.
The following definitions apply to these Terms:
(a) "Experience" means any event or activity that is posted or advertised on the Marigold Platform,
including those produced and organized by third-party businesses.
(b) "Intellectual Property Rights" means any and all intellectual property rights,
including registered or unregistered rights granted, applied for or otherwise now or hereafter in existence under
or related to any patents, utility models, rights in designs, copyrights, moral rights, topography rights,
database rights, trade secrets, trademarks, service marks, trade names, domain name rights, know-how,
rights of confidence, or other intellectual property rights, and all rights and forms of protection of a
similar nature or having equivalent or similar effect to any of these anywhere in the world from time to time.
(c) "Marigold Content" means descriptions, information, and materials
(including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs,
software programs, audio clips or downloads, video clips, and written and other materials)
that are made available to you through, or in connection with, the Marigold Platform.
(d) "Marigold Platform" means the Marigold website
(currently located at https://www.marigoldexperiences.com),
any successor website, and any renderings of such websites on any desktop or mobile device (collectively, the "Site")
and any companion mobile application, if provided by Marigold (the "App").
(e) "Services" means provision by Marigold of the Marigold Platform, the Marigold Content,
access to the curated Experiences, ability to purchase tickets to Experiences,
and any other services provided by Marigold related to or in connection with the foregoing.
(f) "Third-Party Materials" means any third-party software or content that is made available
to you through the Marigold Platform.
(g) "you" means an individual user (such as you) who is accessing or using the
Marigold Platform or the Services (including to purchase tickets for any Experience).
(h) "Your Information" means any (i) information, data,
material or other content that you upload or transmit to the Marigold Platform, or otherwise provide to us,
and (ii) information related to your operation and use of the Marigold Platform that is collected by Marigold.
1.2 Updates to these Terms.
Marigold may update these Terms at any time by providing reasonable prior notice to you and by asking you
to re-confirm your acceptance of the updated Terms using any suitable means.
Marigold may notify you of the updated Terms by any reasonable means,
including by posting the revised Terms on its website or on the mobile application.
The updated Terms will apply to your use of the Marigold Platform after the date on which Marigold has posted
the updated Terms or otherwise notified you of those changes. By confirming your acceptance of the updated Terms,
or by continuing to use or access the Marigold Platform or the Services after we post or otherwise notify you of any change,
you agree to abide by the updated Terms. The "Last Updated" legend at the end of these Terms indicates the date
on which these Terms were last updated.
2 User Consents.
2.1 Your Information. You understand and acknowledge that we need to collect, store, and use Your Information, in connection with your use of the Marigold Platform, for operational management of the Marigold Platform, for provision of the Services, as well as for other legitimate business purposes. You hereby consent to our collection, storage, and use of Your Information. You can find more information regarding our data collection and use practices at https://www.marigoldexperiences.com/privacy-policy.
2.2 Mobile Application. You acknowledge and understand that certain permissions may be required on your mobile device, including permission to access the camera, microphone, and certain network status information for the proper functioning of the App (if offered by Marigold) on your mobile device. Granting the App these permissions may result in consumption of additional battery power or data usage or charges. You hereby agree to grant the App the foregoing permissions on your mobile device to enable the App to function effectively. Additionally, you acknowledge and understand that your use of the App on a mobile device that has been modified in a manner unauthorized by the manufacturer (known as "jail-broken") may result in malfunction or impairment of the Marigold Platform.
2.3 Electronic Communication. You hereby agree to receive electronic communication from Marigold, including via text, email, and messages posted to the Marigold Platform. Such communication may include updates and other messages regarding any Experiences that you have purchased tickets for on the Marigold Platform, such as any reschedule or cancellation of the Experience. We may also send you messages regarding any updates to the listing of an Experience that you have viewed or purchased tickets for on the Marigold Platform. You may be notified through email of any change to an Experience, if you have purchased tickets to that Experience on the Marigold Platform. Further, any time an Experience listing is edited, a message at the bottom of the listing notes the date and time on which such listing was last updated.
You agree that any electronic communication from Marigold satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Marigold, including, without limitation, by posting to the Marigold Platform, email or otherwise, are and will be treated as non-confidential and non-proprietary. Any notice you provide to Marigold must be in accordance with Section 14 of these Terms.
2.4 Data License. You hereby grant to Marigold a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, fully-paid, sublicensable, and transferable (to an affiliate or successor) license and right to use, copy, display, modify, and distribute Your Information as needed for operation of the Marigold Platform, to make improvements to the Marigold Platform, or for any other legitimate business purpose. Any alterations, changes, modifications, enhancements, additions, restructuring, or deletions made to, or derivatives of or other products derived from, or as a result of our use of Your Information or otherwise arising in connection with the parties' performance under these Terms shall be the sole and exclusive property of Marigold, together with all Intellectual Property Rights and other rights therein.
3 Your Representations. You represent and acknowledge that:
(a) You have the legal power and authority to agree to these Terms,
you are at the age of majority in the jurisdiction of your residence, have the legal capacity to enter
into contracts and have neither falsely identified yourself nor provided any false information to us;
(b) You will only use the Marigold Platform and the Services for
its intended use (as generally understood and as provided in and in accordance with any related documentation
provided to you or made available on the Marigold Platform), for individual and non-commercial purposes;
(c) You will not access or use the Marigold Platform or the Services in a manner
that violates any applicable law;
(d) You will not submit to the Marigold Platform Your Content or other material
that (i) is misleading, abusive, obscene, profane, or offensive in nature,
(ii) violates anyone's right of publicity or right of privacy,
(iii) is threatening, bullying, or harassing, or that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual,
(iv) promotes or encourages violence,
(v) is inaccurate, false or misleading in any way,
(vi) is illegal or promotes any illegal activities,
(vii) promotes illegal or unauthorized copying of another person's copyrighted work, or
(viii) contains advertising, promotional materials or links, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
(e) You will not sell, resell, rent, transfer, or provide to any third party
(e.g. service bureau or outsourcing), your access to the Marigold Platform, or use any spiders,
crawlers, framing, or data mining tools to access any Marigold Content;
(f) You will not modify, reverse-engineer, or de-compile the Marigold Platform
in any manner through current or future available technologies. Further, you will not copy,
translate, transmit, display, port, distribute, modify, attempt to derive, or gain access to source code of,
or make derivative works of the Marigold Platform, nor permit or assist anyone in performing such prohibited acts.
You will not access the Marigold Platform with the intent to develop or market a competing service,
or to enable a third party to do so;
(g) You will not use the Marigold Platform or the Services in a way that is intended to
(i) cause damage or adversely affect the Marigold Platform or Marigold servers,
including by means of introducing a virus, trojan, or other malicious software or by breaching any
security protocols or through use of denial of service tools; or
(ii) circumvent, endanger, disrupt, or interfere with the operation, security, usage limits,
or integrity of the Marigold Platform; and
(h) You will only submit Your Information when you have the right to share such data.
You are solely responsible for complying with all applicable laws and consent requirements related
to collection and sharing of Your Information.
4 Your Acknowledgments.
In connection with your use of the Marigold Platform and the Services, you hereby agree to and acknowledge the following:
(a) Marigold does not guarantee that information about Experiences and/or
related locations on the Marigold Platform is accurate, and such information is not updated continuously
to reflect changing conditions. You must confirm all relevant details directly with the third-party
business providing the Experience;
(b) You must not trespass, gain access to, or attempt to gain access to,
any property or location where you do not have a right or permission to be ("Private Property").
You acknowledge that Marigold does not have and affirmatively disclaims any obligation or ability to
provide you with complete and accurate information regarding the whereabouts of Private Property
that you may encounter and/or access when accessing an Experience. You are solely responsible for
obtaining all required permissions to approach or enter Private Property in connection with any Experience;
(c) You agree to be mindful and respectful of places that you visit in connection
with any Experience. You agree that your behavior during any such visit will be appropriate to the
environment around you and that you will not conduct any illegal activities or create excessive noise,
other disturbances, or any unsafe conditions in connection any Experience; and
(d) Visiting certain places in connection with, and participating in,
any Experience that you learn about, or book, via the Marigold Platform can be dangerous at times
or carry risks. The Experience may be located at difficult-to-access or potentially treacherous locations.
Many variables must be considered prior to visiting or attending Experiences, including weather,
fitness level, terrain features, and experience in similar situations in the past.
Always exercise common sense and caution, and check with your physician if you have a health-related concern
for any Experience. Visiting such locations or participating in such Experiences can, at times,
involve risk of injury, death, property damage, and other dangers associated with such activities,
for which you are solely responsible.
5 Access Credentials.
In order to use the Marigold Platform and the Services, you may be required to create an account on the platform and/or receive certain access credentials from Marigold. You are solely responsible for maintaining the confidentiality of your access credentials, and for all activities that occur on the Marigold Platform using your access credentials. You agree to prohibit anyone else from using your access credentials and agree to immediately notify Marigold of any actual or suspected unauthorized use of your access credentials or other security concerns of which you become aware. Marigold may utilize additional security measures from time to time to prevent unauthorized access to your account on the Marigold Platform, including the use of multi-factor authentication methods. Your access to the Marigold Platform and your access credentials may be revoked, suspended, or terminated by Marigold at any time with or without cause.
6 Purchase of Experience Tickets and Merchandise.
You may purchase tickets to certain Experiences, either directly on the Marigold Platform or on a third-party provider website linked to the Marigold Platform. Regardless of whether you purchase tickets directly on the Marigold Platform or through a linked third-party website, you hereby agree and acknowledge that the third-party businesses organizing the Experience have the right to determine their own refund or cancellation policies. Marigold is not responsible for tracking tickets or retaining records of purchases. You must take care to store your tickets safely and securely, whether physical or digital, after you download them from the Marigold Platform. Similarly, if you purchase any goods or merchandise (collectively, "Merchandise") from the Marigold Platform, you hereby agree and acknowledge that the Merchandise is being sold by a third-party business and such third party, and not Marigold, will be solely responsible and liable for any claims related to the Merchandise.
Unless expressly stated otherwise, all tickets to an Experience and/or Merchandise purchased through the Marigold Platform are non-refundable. If you request cancellation of any tickets to an Experience that you have booked through the Marigold Platform, then subject to the terms and conditions of the third-party business organizing the Experience, Marigold may agree to process the cancellation of such tickets, as per your request, and refund to you the amounts paid by you for such tickets. Marigold's service fees and any third-party processing fees (such as the processing fees charged by Stripe in connection with purchase of your original tickets) may be deducted from any amounts refunded to you for such tickets.
If you are paying any amounts on the Marigold Platform, including to purchase tickets for an Experience or to buy any Merchandise, using a credit card, or online payment portal you will further be subject to the terms and conditions of such third-party payment processors. Marigold will not be responsible for any damages arising out of (i) any account suspensions resulting from incorrect billing contact information provided to a payment-processor, or (ii) any errors or omissions by the payment processor or by your credit card issuer. We currently use Stripe, and its terms can be found here.
7 Term and Termination.
These Terms will become effective on the date you accept them by clicking "Accept", "I agree", or a similar button or through another acceptable means, and will continue for the duration of your use of the Marigold Platform. Marigold may, at any time, in its sole discretion, and without notice to you, terminate your access to the Marigold Platform, the Services, your Marigold account, or any portion of it. Further, Marigold may, at its sole discretion, at any time without prior notice to you: (a) change, restrict, or suspend your access to the Marigold Platform, or any portion of the Marigold Platform, including by revoking your access credentials to the Marigold account; or (b) add, remove, or modify any Services or functionality that are available through the Marigold Platform through future updates. You will not be eligible for any refunds for pre-paid fees if your access to the Marigold Platform or the Services is terminated or suspended for any reason. Upon termination, or deactivation of your user account for the Marigold Platform, any stored information (including Your Information), may be deleted. Upon deactivation of your account, you will no longer be able to view or retrieve such information.
8 Ownership.
Marigold shall continue to own and retain all right, title, and interest, including all related patents, copyrights, trademarks, trade dress, and other Intellectual Property Rights, in and to (i) the technology or materials used for, or incorporated into, the Marigold Platform, and (ii) all Marigold Content, and in each case to any modifications, enhancements, or derivatives thereto. You will not copy, reproduce, or disclose any Marigold Content provided to you or use any branding or logos used in the Marigold Platform or the Marigold Content, without Marigold's prior written consent.
You are expressly prohibited from using any content on the Marigold Platform, including the Marigold Content, for the purpose of training, developing, or improving any machine learning or artificial intelligence models, including but not limited to large language models, without Marigold's explicit written permission. Any unauthorized use of such content for such purposes is a violation of these terms and may result in legal action.
Subject to Section 2.4, you will retain all right, title and ownership, including all related patents, copyrights, trademarks, trade dress, and other Intellectual Property Rights, in and to the Your Information.
Any feedback provided to us by you regarding the Marigold Platform, Marigold Content or any other aspect of our business or operations, including all Intellectual Property Rights therein, shall become our sole and exclusive property. You hereby irrevocably assign to us all right, title, and interest in and to such feedback and agree to provide us with any assistance that we may require to document, perfect, and maintain our rights in the feedback.
9 DMCA Notice.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended) (the "DMCA"). If you believe that any Marigold Content, other content on the Marigold Platform, or the Marigold Platform infringes your copyright, you can reach our notification agent at info@hellomarigold.com, with the subject line stating "DMCA". In notifying us of any alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10 Disputes and Governing Law.
10.1 Governing Law.
Any disputes arising in connection with the Marigold Platform, the Services, the Experiences, Merchandise,
or these Terms shall be governed by, construed, and enforced solely and exclusively in accordance with
the laws of the State of Delaware, without regard to its conflicts of law principles.
10.2 Dispute Resolution.
You and Marigold both agree to provide a written notice of any disputes to the other party at its notice address
(or an address provided in writing to the other party) and try to resolve any disputes in good-faith thereafter
arising from or in connection with the Marigold Platform. If any dispute arising in connection with these Terms
is not resolved, within 30 days of a party providing notice to the other party, the dispute will be resolved through
individual, non-representative, binding arbitration conducted in English,
instead of a proceeding in courts of general jurisdiction. Any disputes will be decided by a single arbitrator
and will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS
Streamlined Arbitration Rules & Procedures and as modified by this agreement to arbitrate.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances,
unless the arbitrator determines upon request by you or by Marigold that an in-person hearing is appropriate.
Any in-person appearances will be held in Wilmington, Delaware. The arbitrator will have authority to award temporary,
interim, or permanent injunctive relief or relief providing for specific performance,
but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.
The award rendered by the arbitrator may be confirmed and enforced in any court with appropriate jurisdiction.
Each party will be responsible for its respective costs, including costs related to its respective attorneys,
experts, and witnesses.
10.3 Waiver of Right to Jury Trial and Class Action.
YOU AND MARIGOLD EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION,
CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION.
Notwithstanding the parties' decision to resolve all disputes through arbitration,
Marigold may bring an action in a state, provincial or federal court to protect its Intellectual Property Rights.
Seeking such relief shall not waive Marigold's right to arbitration under these Terms.
11 No Warranties.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, AND EXCEPT FOR ANY LIMITED WARRANTY INCLUDED IN THESE TERMS, THE MARIGOLD PLATFORM, THE SERVICES, AND MARIGOLD CONTENT IS PROVIDED "AS-IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, AND YOU USE THE MARIGOLD PLATFORM, THE SERVICES, AND THE MARIGOLD CONTENT AT YOUR OWN RISK. MARIGOLD SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT RELATED TO THE MARIGOLD PLATFORM. MARIGOLD DISCLAIMS, AND THESE TERMS DO NOT INCLUDE, THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, THE UNIFORM COMMERCIAL CODE, THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND ANY OTHER PROVISIONS OTHER THAN THESE EXPRESS TERMS.
MARIGOLD DOES NOT MAKE ANY WARRANTIES THAT THE MARIGOLD PLATFORM, THE SERVICES OR THE MARIGOLD CONTENT WILL MEET YOUR REQUIREMENTS, PROVIDE ACCURATE INFORMATION, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. MARIGOLD MAKES NO WARRANTY RELATED TO THE CONFIDENTIALITY AND SECURITY OF ANY DATA PROVIDED BY YOU TO MARIGOLD, INCLUDING YOUR INFORMATION. MARIGOLD DOES NOT WARRANT ANY THIRD-PARTY DEVICE, SMART DEVICE, SOFTWARE, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH THE MARIGOLD PLATFORM, WHETHER OR NOT SUCH THIRD-PARTY ITEM IS DESCRIBED IN, OR AVAILABLE OR CAN BE CONNECTED TO, THE MARIGOLD PLATFORM.
THE MARIGOLD PLATFORM MAY CONTAIN HYPERLINKS OR REFERENCES TO CERTAIN OTHER WEBSITES ("LINKED SITES"). MARIGOLD DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE CONTENT ON LINKED SITES INCLUDING ANY PRODUCTS AND SERVICES PROVIDED THEREIN. YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR LICENSING ANY THIRD-PARTY MATERIALS THAT YOU USE IN CONJUNCTION WITH THE MARIGOLD PLATFORM, AT YOUR OWN COST AND IN ACCORDANCE WITH TERMS AND CONDITIONS AGREED TO WITH THE THIRD-PARTY LICENSORS OF SUCH THIRD-PARTY MATERIALS. MARIGOLD HAS NO RESPONSIBILITY FOR THE ACCURACY, CURRENCY, OR AVAILABILITY OF ANY THIRD-PARTY MATERIALS.
YOU AGREE AND ACKNOWLEDGE THAT ANY EXPERIENCES OR MERCHANDISE THAT YOU PURCHASE FROM THE MARIGOLD PLATFORM ARE PROVIDED BY THIRD-PARTY BUSINESSES AND NOT BY MARIGOLD, AND MARIGOLD EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES RELATED TO SUCH EXPERIENCES AND MERCHANDISE.
YOU ACKNOWLEDGE THAT THERE MAY BE RISKS OF INJURY TO YOUR PERSON OR PROPERTY IF YOU PARTICIPATE IN AN EXPERIENCE OR USE ANY MERCHANDISE PRESENTED OR DISCOVERED ON THE MARIGOLD PLATFORM. YOU HEREBY COMPLETELY AND IRREVOCABLY WAIVE ANY AND ALL LIABILITY, AND IRREVOCABLY FOREGO ANY AND ALL CLAIMS THAT MAY BE MADE AGAINST MARIGOLD FOR ANY SUCH RISKS, KNOWN OR UNKNOWN, NOW OR IN THE FUTURE.
12 Liability Limitations.
In no event shall Marigold, its affiliates, agents or contractors be liable for any consequential, punitive, incidental, or special damages, including, but not limited to, any personal injury, property damage, or unauthorized disclosure of your data, whether in any action in warranty, contract, tort, breach of contract, negligence, strict liability, malpractice, or otherwise resulting from your use, or inability to use, the Marigold Platform, the Services, Marigold Content, any Experience or Merchandise. To the fullest extent allowable under applicable law, Marigold's maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, arising from your use of the Marigold Platform, the Services, Marigold Content, any Experience or Merchandise will not exceed $50.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
13 Your Indemnification.
Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless Marigold, our affiliates, licensors, suppliers and other contract relationships (including the officers, directors, employees, consultants, and agents of each) from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from (a) any data or information you submit or provide to Marigold (including Your Information), (b) your use of the Marigold Platform, Services, Marigold Content, any Experience or any Merchandise, (c) your violation of these Terms, and (d) your violation of any rights of any other person or entity.
14 Notices.
You may provide notice to us by emailing us at info@hellomarigold.com. Any notice sent by you via email is deemed to be delivered upon your receipt of an electronic read receipt or delivery receipt or upon confirmation of receipt from us.
15 Severability.
If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, those provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of the Terms will remain in full force and effect.
16 No Third-Party Beneficiaries.
No provisions of these Terms create any third-party beneficiary.
17 Survivability.
The rights, obligations, and commitments in these Terms that, by their nature, would logically continue beyond the termination of your use of or access to the Marigold Platform survive termination of these Terms, including, without limitation, provisions related to indemnification and limitations of liability.
18 Assignment.
Your obligations and rights under these Terms may not be assigned, in whole or in part, without Marigold's prior written consent. These Terms will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties.
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LAST UPDATE DATE: SEPTEMBER 23, 2025