Terms of use

1. Acceptance

By accessing or using this website (the “Site”) operated by or on behalf of On The M.A.R.C. Holdings LLC and its affiliates (collectively, “OTM,” “we,” “us,” or “our”), you agree to be bound by these Terms of Use. If you do not agree, do not use the Site.

2. Changes

We may update these Terms of Use at any time by posting a revised version on the Site. The “Last updated” date, if shown, indicates when revisions were posted. Your continued use of the Site after changes become effective constitutes acceptance of the revised terms.

3. Permitted use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for lawful, personal or internal business purposes related to learning about OTM. You may not use the Site in any way that violates applicable law, infringes third-party rights, or interferes with the Site’s operation or security.

4. Intellectual property

The Site and its content (including text, graphics, logos, layout, and software) are owned by OTM or its licensors and are protected by intellectual property laws. Except as expressly permitted by these Terms of Use, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works from the Site or its content without our prior written consent.

5. Prohibited conduct

You agree not to:

• Attempt to gain unauthorized access to the Site, other users’ accounts, or any systems or networks connected to the Site;
• Use automated means (including bots or scrapers) to access the Site in a manner that burdens our infrastructure or circumvents access controls;
• Introduce malware, probe vulnerabilities, or interfere with the integrity or performance of the Site;
• Misrepresent your identity or affiliation, or use the Site to transmit unlawful, harassing, defamatory, or fraudulent content.

6. Access-controlled areas

Certain portions of the Site may require credentials or invitations. You are responsible for safeguarding any access credentials you receive. You may not share credentials with unauthorized persons or use credentials for any purpose other than as expressly authorized. We may suspend or terminate access for misuse or security concerns.

7. Disclaimer of warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US$100) OR THE AMOUNTS YOU PAID TO US (IF ANY) FOR ACCESS TO THE RELEVANT SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnity

You will defend, indemnify, and hold harmless OTM and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site, violation of these Terms of Use, or violation of applicable law.

10. Governing law

These Terms of Use are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except to the extent superseded by U.S. federal law. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for disputes arising out of or relating to these Terms or the Site, subject to any mandatory arbitration or venue provisions that may apply to you under separate written agreements.

11. General

If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision is not a waiver. These Terms of Use constitute the entire agreement between you and OTM regarding the Site and supersede prior oral or written understandings on this subject.

12. Contact

For questions about these Terms of Use, contact support@onthemarcholdings.com.