TERMS AND CONDITIONS
Agreement between User and Mariani Enterprises, LLC
We are Mariani Enterprises, LLC dba Mariani Premier Group, a limited liability company registered in Illinois and headquartered at 110 Albrecht Drive, Lake Bluff, IL 60044. References to the “Company”, “We”, “Us”, or “Our” refer to Mariani Enterprises, LLC and its affiliated companies and subsidiaries.
Below are important legal terms that apply to anyone who visits or interacts with Our Websites or inquires about, purchases or engages Our products and services (“Services”). These Terms and Conditions, for the avoidance of doubt, are in addition to, and are not intended to supersede or replace, any contract You may have with us with respect to the sale or provision of Services by Us.
We operate the website http://marianipremiergroup.com and other websites (found here), as well as social media sites and mobile apps (the “Websites”).
These Terms and Conditions constitute a binding contract between the Company and its affiliated companies and subsidiaries and You in relation to Your use of the Websites or provision of the Services, so please read these Terms and Conditions carefully. If You do not agree with these Terms and Conditions in their entirety, You are prohibited from using the Services and must discontinue use immediately.
Users of the Websites must be (18) years or older, able to form a binding contract with Us and are not legally prohibited from using the Websites under any applicable law. You may use Our Websites for Your personal, non-commercial purposes. No other usage of the Websites are authorized.
Privacy
Your use of the Website is subject to the Company’s Privacy Policy, as updated from time to time. Please review Our Privacy Policy here, which also governs the Websites and informs users of Our data collection practices. By visiting Our Websites or provisioning Our Services, You acknowledge that You have read Our Privacy Policy.
Electronic Communication
Visiting the Websites or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Websites satisfy any legal requirement that such communications be in writing. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
Links to Third Party Sites/Third Party Services
The Websites may contain links to other websites not operated or controlled by the Company or services and advertisements for third-parties (“Linked Sites”). The Linked Sites are not under the control of the Company and We are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. The Company provides these links to You only as a convenience and the inclusion of any link does not necessarily imply endorsement by the Company of the site or any association with its operators, unless otherwise noted.
Certain services made available via the Website are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Websites domains but operated by a third-party, You hereby acknowledge and consent that We may share such information and data with any third-party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and clients. You acknowledge that You are assuming all risks arising from Your use of the Linked Sites.
No Unlawful or Prohibited Use; Intellectual Property
You are granted a non-exclusive, non-transferrable, revocable license to access and use the Websites strictly in accordance with these Terms and Conditions. As a condition of Your use of the Website, You warrant to us that You will not use the Websites for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Websites in any manner which could damage, disable, overburden or impair the Websites or interfere with any other party’s use and enjoyment of the Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Websites.
All content included as part of the Services, including but not limited to source code, Website design, video, images, text, graphics, logos, as well as the compilation thereof, and any software used on the Websites (the “Content”), is the property of the Company or its vendors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto.
You are not permitted to, and You agree not to, modify, publish, transmit, display, distribute, adapt, edit, reverse engineer, participate in the transfer, sale, license or sublicense, translate, create derivative works, upload, publicly display, reproduce, copy or in any way exploit any of the Content, including without limitation images, text and software code, in whole or in part, found on the Websites. You also are not permitted to, and You agree not to, circumvent or disable any security or technical features of the Content. The Company’s Content is not for resale or commercialization. Your use of the Websites do not entitle You to make any unauthorized use of any Content and in particular You agree not to delete or alter any proprietary rights or attribution notices in any Content. You will use Content solely for Your personal (non-commercial/non-business) use and will make no other use of the content without the express written permission of the Company and copyright owner. You will not and agree that You do not acquire any ownership or usage rights in any Content other than as expressly provided for herein. We do no grant You any licenses, express or implied, to the intellectual property and/or Content found on the Websites. All Content is copyright of the Company, its suppliers, affiliates and/or partners. All rights reserved.
Ownership and Preservation of Your Materials
Any materials You provide to the Company (including feedback or suggestions) or post, upload, input or submit to the Websites (Your “Submissions”) are not owned by the Company. By uploading, posting, inputting, providing or submitting Your Submissions, You grant the Company, its affiliates and its partners and vendors permission to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submissions and to publish Your name in connection with Your Submission. No compensation will be paid for such use of Your Submissions. We may post (or not post) or remove (or not remove) any of Your Submissions at any time in Our sole discretion. You represent and warrant that You own or otherwise control the right to post, upload, input or submit Your Submissions. The Company reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Our discretion.
International Users
The Services are controlled, operated and administered by the Company from Our offices in the United States of America. If You access the Services from a location outside the United States of America, You are responsible for compliance with all local laws. You agree that You will not use the Website content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its respective officers, directors, managers, employees, agents, suppliers, representatives and insurers from and against any claims, demands, damages, losses, costs, liabilities and expenses (including but not limited to attorneys’ fees, court costs and investigation costs) relating to or arising out of (i) Your access to or use of the Websites; (ii) violation of any applicable law, rule or regulation that protects the Company or Our legal rights or those of any third-party that Your actions have caused; (iii) Your violation of these Terms and Conditions or any applicable law, including but not limited to infringement or misappropriation by You of any intellectual property rights of the Company or any third-party; (iv) Your User Content; and (v) any and all activities that occur in connection with Your account, username and/or password on any of the Websites. The Company reserves the right at its own cost to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company, at Your expense, with Our defense of such claims. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH CLAIMS, LOSSES AND DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH AND/OR THEY ARE REASONABLY FORESEEABLE.
Disputes
“Dispute” as used in these Terms and Conditions means any dispute, claim, or controversy, except as specifically excluded in the “Exclusions from Arbitration” clause below, between You and the Company or any of Our agents, employees, officers, directors, successors, predecessors, assigns, or affiliates, including parents or subsidiaries (collectively, Our “Related Parties”), relating to, connected with, or arising from Your use of the Websites, Our privacy practices specified in Our Privacy Policy, or the interpretation, application, or enforcement of these Terms and Conditions (including the validity, enforceability or scope of this section), whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. For the purposes of this Section, including relating to the Class Action Waiver, in the event that a Dispute is asserted against or by a Related Party, any obligations imposed on the Company also apply to that Related Party, and any obligations You have towards the Company, You also have towards that Related Party. The term Dispute is to be given the broadest possible meaning that will be enforced. If any Dispute should arise between You and us or any of Our Related Parties that cannot be resolved through negotiation within the time frame described in the “Notice of Dispute” clause below, You and the Company agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the “Exclusions from Arbitration” clause below. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. You agree to the exclusive venue of Lake County, Illinois as the location of any and all arbitration that arises from a Dispute, unless excluded.
Exclusions from Arbitration. You and the Company agree that the following causes of action and/or claims for relief are exceptions to the Disputes covered by the arbitration agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as outlined in this arbitration agreement): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. You or We may alternatively bring Disputes in small claims court, to the extent a dispute meets such requirements.
Opt-Out Right. YOU HAVE THE RIGHT TO OPT OUT OF BINDING ARBITRATION AND THE CLASS ACTION WAIVER WITHIN 30 DAYS OF THE FIRST DATE THAT YOU ACCEPT, OR ANYONE ACTING ON YOUR BEHALF ACCEPTS, THESE TERMS AND CONDITIONS. If You do not wish to be bound by the binding arbitration and class action waiver in this section, You must notify Us in writing within 30 days of the date that You accept, or anyone acting on Your behalf accepts, these Terms and Conditions unless a longer period is required by applicable law (the “Opt-Out Deadline”). Your written notification must be sent to info@marianipremiergroup.com and must include: (1) Your name, (2) Your address, (3) the email address associated with Your online account with us, if You have one, and (4) a clear statement that You do not wish to resolve Disputes with us through individual arbitration. In order to validly terminate the arbitration agreement, We must receive Your opt-out notice no later than 3 days after the Opt-Out Deadline for it to be valid. You agree that You must pursue any claim in arbitration (subject to the “Exclusions from Arbitration” clause above) or small claims court if We do not receive an opt-out notice from You, or if We receive an opt-out notice from You more than 3 days after the Opt-Out Deadline. If the opt-out notice is sent on Your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on Your behalf. To use or assert Your opt-out notice to contest the transfer of any Dispute to arbitration or to contest a motion or petition to compel arbitration of any Dispute, You hereby agree to keep and present proof of Your opt-out notice and its compliance with the procedures detailed in these Terms and Conditions. You agree that failure to keep and provide this proof will forfeit Your ability to rely on Your opt-out notice to contest arbitration. If, after Your initial acceptance of these Terms and Conditions, You have not submitted an opt-out notice by the Opt-Out Deadline, then You are bound by the binding arbitration and class action waiver provisions in these Terms and Conditions. In the event that these Terms and Conditions have not been modified or amended, and You subsequently reaffirm Your acceptance to these Terms and Conditions at a later time, this “Opt-Out Right” clause shall not apply to that communication or reaffirmation. In the event these Terms and Conditions are modified or amended, You may notify us in writing, and pursuant to the procedures listed above in this “Opt-Out Right” clause, within 30 days of the date that You accept the modifications or amendments to these Terms and Conditions, that You choose to opt out of the modifications and amendments, but only with regard to the modifications or amendments, if any, that alter the arbitration and/or class action waiver provisions in these Terms and Conditions.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO INFO@MARIANIPREMIERGROUP.COM TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. Your notice must contain the following information: (1) Your name, (2) Your address, (3) Your email address or phone number associated with Your account, (4) a brief description of the nature and basis of the complaint, (5) any relevant facts regarding Your use of the Websites, and (6) the resolution sought (together, the “Required Information”). If Your notice does not contain all of the Required Information (or an explanation of why You are unable to include any of the Required Information), then the Notice of Dispute shall be without effect, and must be resent before any arbitration or other legal action may be initiated against Us. This requirement is intended to inform Us that You have a Dispute to be resolved. You and We agree to negotiate resolution of the Dispute in good faith for no less than 60 days after You provide notice of the Dispute. If You and We do not resolve the Dispute within 60 days from receipt of Your notice of the Dispute, You or We may pursue a claim in arbitration pursuant to the terms in this section, unless expressly prohibited under this section.
CLASS ACTION WAIVER. YOU AND WE AGREE THAT ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND WE SPECIFICALLY AGREE TO DO SO IN WRITING, EXCEPT AS OTHERWISE DESCRIBED BELOW IN THIS PARAGRAPH AND THIS SECTION. IF APPLICABLE LAW PRECLUDES ENFORCEMENT OF THE LIMITATION IN THIS PARAGRAPH AS TO A PARTICULAR REMEDY, THEN A CLAIM SEEKING THAT REMEDY (AND ONLY THAT REMEDY) MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT IN COURT. In addition to the American Arbitration Association Rules as applicable to Disputes with consumers, and the Commercial Arbitration Rules, as applicable to all other Disputes, You and We agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under these Terms and Conditions, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing. If a court or arbitrator determines, in an action between You and Us where You purport to bring a class action, that this class action waiver is unenforceable, this arbitration agreement will not apply to You. If You opt out of the arbitration agreement as specified above, this class action waiver will not apply to You. Neither You, nor any other user, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt-out procedure set forth above.
Arbitration Award. The arbitrator will have the power to grant declaratory or injunctive relief, whether interim or final, only in favor of You individually and only to the extent necessary to provide relief warranted by Your individual claim without affecting other customers, and any provisional measures ordered by the arbitrator may be enforced by any court of competent jurisdiction. Nothing in this section will prevent You from seeking public injunctive relief separately from arbitration in court, and any such application will not be deemed incompatible with the agreement to arbitrate or as a waiver of the right to arbitrate Your individual claims. You and We agree that any proceedings seeking a remedy of public injunctive relief will proceed after the arbitration of all arbitrable Disputes, and will be stayed pending the outcome of the arbitration (pursuant to section 3 of the Federal Arbitration Act). The arbitrator’s award will be binding and final, except for any right of appeal provided by the Federal Arbitration Act or these Terms, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Severability; Survivability. If any clause within this arbitration agreement (other than the “Class Action Waiver” clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this arbitration agreement will be given full force and effect. If the “Class Action Waiver” clause is found to be illegal or unenforceable in its entirety, this entire arbitration agreement will be unenforceable, and the Dispute will be decided by a court. This section survives any termination of Your access to Our operation of the Websites.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS VENDORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITES AT ANY TIME.
THE COMPANY AND/OR ITS VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS VENDORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORAMTION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXMIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS VENDORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR RELATED SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ITS VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER UNDER THESE TERMS AND CONDITIONS AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO $10.00. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Termination/Access Restriction
The Company reserves the right, in its sole discretion, to terminate Your access to the Websites and the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms and Conditions are governed by the State of Illinois and You hereby consent to the exclusive jurisdiction and venue of courts located in Lake County, Illinois in all disputes arising out of or relating to the use of the Websites. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including this section.
You agree that no joint venture, partnership, employment or agency relationship exists between You and the Company as a result of these Terms and Conditions or Your use of the Websites. The Company’s performance of these Terms and Conditions is subject to existing laws and legal process and nothing contained in these Terms and Conditions is in derogation of Our right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Websites or information provided to or gathered by us with respect to such use. If any part of these Terms and Conditions are determined to be invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions will remain in full force and effect.
Unless otherwise specified, these Terms and Conditions constitute the entire agreement between You and the Company with respect to the Websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and the Company with respect to the Websites. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
The Company reserves the right, in its sole discretion, to change these Terms and Conditions under which the Websites are offered at any time and for any reason. We will alert You of any changes by updated the “Last Modified” date of these Terms and Conditions and You waive the right to receive specific notice of each such changes. The most current version of these Terms and Conditions will supersede all previous versions and shall be effective immediately upon posting. Your continued use of the Websites will constitute Your acceptance of the then-current Terms and Conditions. The Company encourages You to periodically review these Terms and Conditions to stay informed of Our updates.
Governing Law
These Terms and Conditions or any legal proceeding or action relating thereto shall be governed by the laws of the State of Illinois. If any provision of these Terms and Conditions is determined to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions, which will remain valid and enforceable to the maximum extent.
Contact Us
The Company welcomes Your questions or comments regarding these Terms and Conditions or Our Services and/or Websites. The name, address and telephone number of the Company is provided below.
Mariani Enterprises, LLC
110 Albrecht Drive
Lake Bluff, IL 60044
847.810.6844
Complaints regarding Services or the Websites may be sent to the above address or to: info@marianilandscape.com
For California Residents: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at 800-952-5210.
Last Modified: August 18, 2024
