Terms + Conditions

Agreement between user and www.HeyMarvelous.com

Welcome to www.heymarvelous.com (including any products, services, and all related content and materials, the “Site”). The Site is owned and operated by Namastream Corporation and its subsidiaries and is the proprietary owner of Marvelous and Hey Marvelous (collectively the “Company”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

The Site is a platform where Marvelous Members (defined below) are enabled to offer various products and services to others, including End Users (defined below). We provide yoga studios and other wellness professionals with secure, password-protected membership sites for storing, sharing, and selling video and audio classes, lessons, and other related services. When you purchase products and/or register for services with a Marvelous Member, you are transacting directly with that Marvelous Member and not our Company.

The information presented on this Site is in no way intended as medical advice or as a substitute for medical treatment. This Site should only be used in conjunction with the guidance and care of your physician or other qualified healthcare provider. You are advised to consult your physician before beginning any fitness activity, yoga class, exercise, or program offered through the Site. Nothing stated or presented on the Site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions or concerns related to your health, fitness, or general well-being. By using the Site, you acknowledge and thereby expressly waive and release any claim that you may have at any time for any type of injury against the Company and the Company, including and without limitation, all employees, agents, instructors, partners, and affiliated businesses (including, but not limited to, all studios and fitness professionals who maintain an account and/or affiliated site with the Company).

Any hyperlinks included in these Terms also refer to the future updated versions of those links, and if a hyperlink becomes inactive, or the hyperlinked location of a document in this agreement is amended, the new hyperlink location of the same or an updated version of that document applies instead of the incorrect or superseded hyperlink in this document.

Privacy

Your use of the Site is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site 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 Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you are solely responsible for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that the Company is not responsible for third party access to your account that results from theft or misappropriation of your account. The Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18) years of age, you are prohibited from using this website. By providing information about yourself, you represent that you are eighteen (18) years of age or older.

By creating an account, you represent: (a) that you are at least eighteen (18) years old; (b) you will maintain the confidentiality and security of any account credentials; (c) you are creating an account on your own behalf (or on behalf of another for which you are authorized to act); and (d) all required registration information is truthful and accurate, and you shall maintain the accuracy of such information.

The Company reserves the right to access your account and content in order to respond to requests for technical support, to maintain the safety and security of the Company Site, including, but not limited to removing content, and for other legitimate business purposes, as reasonably necessary, in the Company's discretion.

Cancellation/Refund Policy

For End Users on the Site, when you sign up or register for an account with a Marvelous member (defined below), you are transacting directly with the Marvelous Member. Any cancellation and/or refund requests must be directed to the party with whom you have an account (for example, the studio, wellness professional, teacher, coach, etc.) Marvelous Members determine their own cancellation and/or refund policies. Please contact the Marvelous Member with whom you have your account. If you need assistance locating that information, you may contact the Company directly at support@heymarvelous.com. An “End User” refers to any individual who interacts with a Marvelous Member, including users of Site, and individuals who purchase services and otherwise interact with our Marvelous Members through the Company/the Site.

For Marvelous Members, your account is billed in advance in accordance with our then current pricing structure. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account. A “Marvelous Member” is any individual, business, or entity that subscribes to, purchases a program or plan, or otherwise accesses or uses the Site, including any staff, employees, consultants, advisors, agents, representatives, or independent contractors accessing the Site on the Marvelous Member’s behalf.

If your account is canceled, closed, and/or terminated, for any reason, the Company may keep a copy of your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law. Notwithstanding the foregoing, the Company reserves the right to remove you and your content from the Site without notice, if you violate any of the provisions of these Terms. Further, if your account is canceled, closed, and/or terminated, for any reason, the Company reserves the right to delete your content without notice.

For Marvelous Members of the Company’s Inner Circle Experience program (“Inner Circle”), the Company’s Launch with Intention program (“LWI”), the Membership Marvelous program (“MM”), or the List Love program* (“LL”), you may choose between a single payment (due immediately) or 12 equal monthly payments. LWI, MM, and LL also have an additional payment option of 3 payments over 3 months. If you select a payment plan, you must pay the initial payment upon purchase, and you hereby authorize the Company to charge your selected payment method automatically for the following 11 payments on a monthly basis until the program is paid in full (or 2 payments if you elected the 3 pay option). If you opt for monthly payments, you will remain legally responsible for those payments. You may not cancel or avoid these payments. Inner Circle, LWI, MM, and LL are NOT monthly membership programs or monthly subscriptions—they require a 12-month commitment. Inner Circle, LWI, MM, and LL payments are non-refundable. In the event that any payment is not made, the Company may immediately suspend your access to Inner Circle, LWI, MM, and LL, respectively (and all affiliated software and courses), until your payments are up to date. Access to the 1-year subscription to the Pro Plan of Marvelous Software (formerly “Studio Plan”) or Solo Plan (formerly “Teacher Plan”), if chosen, included with Inner Circle, LWI, MM, and LL, automatically renews at the end of your program (1-year after purchase), unless canceled. Access to Inner Circle, LWI, MM, or LL expires at the end of your program (1-year after purchase) unless renewed. By joining Inner Circle, LWI, MM, or LL you agree to the Terms set forth herein, and you agree to keep a current and non-delinquent form of payment on file with the Company until all payments owed have been paid in full.

*Does not apply to clients who only purchased the Soulfull MBA One-Day Live Bootcamp called List Love

Online Conferences: There will be no refunds or credits for the purchase of online conference tickets, including but not limited to Thrive Online conferences.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and the Company is not responsible for the contents of any Linked Site, including without limitation any links, content, materials, privacy practices, products, or services contained in a Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of a Linked Site or any association with its operators.

Certain services made available via the Site are delivered by third parties. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that the Company 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 Company’s/the Site’s users and customers.

No Unlawful or Prohibited Use/Intellectual Property

For so long as you are in compliance with our Terms, the Company grants you a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with the Terms of Use. As a condition of your use of the Site, you warrant to the Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content (excluding User Content) included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its licensors 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 will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

User Content includes all information and content that any user submits to, or uses with, the Site, including, but not limited to, community posts, user-provided materials, and content associated with a Marvelous Member. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that makes your or any third party personally identifiable or improperly uses third party proprietary rights. You hereby represent that you have the authorization to consent to the Company’s use of your User Content and that the User Content does not violate the section below regarding Communication Services or the Acceptable Use Policy (defined below). Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, the User Content violates any applicable privacy or intellectual property regulations, laws, or agreements. As further specified under Liability Disclaimer below, neither Company nor a Marvelous Member shall be liable whatsoever for User Content or any communication posted on or through a Communication Service (defined below). If you believe the User Content of a user violates these Terms, please contact us at support@heymarvelous.com.

Your Responsibility

The products and services available on the Site, including, but not limited to, eBooks, templates, PDFs, workshops, subscriptions, memberships, and coaching programs (the Services”) were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Services. The Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. The Company assumes no responsibility for errors or omissions that may appear in the Services.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company reserves the right at all times 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 the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Neither Company nor Marvelous Members control or endorse the content, messages, or information found in any Communication Service and, therefore, both specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Administrators and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Acceptable Use Policy

You agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or violate the regulations, policies or procedures of such networks;  (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site; or (g) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site.

User Feedback

If, at our request, you send certain specific submissions with or without a request from the Company, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you agree that the Company may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback that you forward to us. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

Materials Provided to the Company or Posted on the Site

The Company does not claim ownership of the materials you provide to the Company/the Site or post, upload, input, or submit to any Company Site or our associated services (collectively “Submissions”), with the exception of Feedback (defined above). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting the Company, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Due to the nature of how media files are stored on Marvelous, we are unable to provide downloaded copies of your media files upon request. PLEASE KEEP A COPY OF ALL MEDIA FILES that you upload to the platform.

International Users

The Service is controlled, operated, and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company’s Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

No Warranties

The Services are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. The Company makes no representations or warranties in relation to the Services or the information and materials provided therein.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

The Company makes no warranty the Services will meet your requirements or represents the full functionality, accuracy, and reliability of the Services.

Indemnification

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings or use of a Communication Service made by you, your violation of any terms these Terms or your violation of any rights of a third party, disputes arising between Marvelous Member and users of Marvelous Member’s products or services, including by other End Users, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. 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 in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE 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 SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, INCLUDING USER CONTENT, USE OF COMMUNICATION SERVICES, OR COMMUNICATIONS OR INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO ANY USER FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) ONE HUNDRED US DOLLARS ($100) OR (B) AMOUNTS USER PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

FURTHER, IN THE EVENT A DISPUTE ARISES BETWEEN A MARVELOUS MEMBER AND A USER OF MARVELOUS MEMBER’S PRODUCTS OR SERVICES, INCLUDING AN END USER, YOU HEREBY AGREE TO FULLY AND COMPLETELY RELEASE THE COMPANY AND HEREBY DO RELEASE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, WHETHER KNOWN OR UNKNOWN, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, THE DISPUTE. EACH MARVELOUS MEMBER AND END USER SHALL INDEMNIFY COMPANY IF ANY SUCH DISPUTES RESULT IN THE COMPANY INCURRING LIABILITY OR COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES).

Termination/Access Restriction

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and 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 the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Fair Use Policy

We provide clients on certain plans with unlimited students, bandwidth, unlimited file storage, and unlimited on-demand streaming for standard uses of our embeddable video player for all accounts that are below the 95th percentile of bandwidth, storage, and/or streaming usage. 

If your account is within the 95th percentile for active students, bandwidth, storage, and/or streaming usage for all accounts within any calendar month, you must upgrade to an appropriate level Enterprise plan, determined by the Company. If you fail to do so, the Company may refuse to renew your account at any time or may immediately terminate your account upon ten (10) days’ written notice. Subject to your compliance with this Agreement, you will be entitled to a pro-rata refund for the unused portion of the subscription or membership term, if any.

Dispute Resolution

The Company prefers to resolve disputes amicably when possible; therefore, unless the Parties have a separate written agreement, Marvelous Members and End Users agree to the following dispute resolution policy in connection with any potential claims or disputes arising from the use of the Site. Start by notifying us of your dispute by sending written notice to billing@heymarevelous.com. 

1. Informal Negotiations: Parties to a dispute concerning these Terms, the Privacy Policy, or the use of the Site and/or Communication Services will attempt to informally negotiate a potential settlement or resolution to the dispute;

2. Arbitration: In the event informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute. The parties agree to submit to arbitration in the jurisdiction of King County, WA.

3. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, the parties agree to submit to binding arbitration in the jurisdiction of King County, WA. Each party is responsible for paying its own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

4. Class Action Waiver: The parties agree that any proceedings to resolve a dispute will be conducted on an individual basis and not in a class, consolidated, or representative action. 

Changes to Terms

The Company reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates. Your continued access and use of the Site constitutes your understanding of, and agreement to, any updated Terms.

Entire Agreement; No Assignment

These Terms constitute the entire and exclusive understanding and agreement between us. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. The laws of the State of Washington shall govern. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Notwithstanding the foregoing, these Terms are in addition to, and do not supersede any written agreements regarding the Inner Circle Experience or written agreements regarding Enterprise Plans. If there are conflicting terms in these Terms and Inner Circle Experience agreements or Enterprise Plans agreements, the Inner Circle Experience agreement or Enterprise Plan agreement shall be the controlling agreement regarding such conflict.

Marvelous Users and End Users may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without written consent, will be null and of no effect. 

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us (i) via email; or (ii) by posting to the Company’s Terms + Conditions page. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Us

The Company welcomes your questions or comments regarding the Terms. You may contact us at: team@heymarvelous.com.

Last Updated: November 22, 2022