Privacy and Terms

Last Updated: June 16, 2023

About this Privacy Policy:

Margarette Allyn ("Margarette Allyn", "we", "us", "our") provides this Privacy Policy ("Policy") to let you know how we collect, use, and disclose your personal information through www.margaretteallyn.com ("Site") and through purchasing our products or services (collectively, "Services"). Before you submit any information through the Site or access our Services, please carefully review this Policy together with our Terms of Use and any other documents referred to therein to understand our views and practices regarding your information and how we will treat it.

By using any part of the Services, you consent to the collection, use, and disclosure of your information as further outlined in this Policy. If you do not accept and agree with this Policy, stop using the Site immediately.

Please note that this Policy applies only to information collected through the Services that we offer at Margarette Allyn and not to information you may provide to any third-party sites to which we may link, except as expressly provided herein. Some online services offered by or affiliated with us may be governed by a separate privacy policy. In those instances, the product-specific privacy policy shall apply to that online service.

Changes to this Policy:

We will continue to evaluate this Policy as we update and expand the Services and our offerings, and we may make changes to the Policy accordingly. If we make changes to this Policy, we will by amend the date at the top of this Policy. Please check this Site for updates to this Policy. It is important that you review this Policy regularly to ensure you are updated to any changes. The newly updated privacy statement will apply from the listed revision date. Your continued use of the Services will signify acceptance of the terms of the updated Policy.

We reserve the right to change this Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. Please check this page so that you may periodically review this statement and be aware of any changes. Your continued use of the Services following the posting of changes to this Policy will mean you accept those changes.

Information Collection:

We may collect information from you when you volunteer information to us, contact us, purchase our Services, or otherwise access or use our Site.

Information You Provide Directly to Us:

Information we receive directly from you includes personal information you share with us in order to access our Site or use our Services.

Categories of information that we may collect from you include:

Personal Information: When you use our Site, we may require or otherwise collect information that identifies you as a specific individual. For example, we require you to provide us with the following personal information when you use the "Contact" form: your full name and email address. We also require your name and email address when you sign up for our newsletter.

Payment Information: When you purchase our Services through the Site, we collect payment information necessary to process the transaction, including: billing contact name, address and credit card information.

Information that is Passively or Automatically Collected:

Device/Usage Information:

We may automatically collect certain information about the computer or devices (including mobile devices or tablets) you use to access the Services. We use this information to analyze how people use our Services and enable certain features within Margarette Allyn to better improve our site and provide a better user experience. As described further below, we may collect and analyze information such as:

  • IP addresses, geolocation information, unique device identifiers, IMEI and TCP/IP address, and other information about your computer or device(s), browser types, browser language, operating system, mobile device carrier information, the state or country from which you accessed the Services; and

  • Information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content (such as advertisements) viewed and the order of those pages, statistical information about the use of the Services (such as barcodes scanned through certain of our mobile apps), the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.

  • We may use cookies to deliver a better user website experience by automatically collecting and storing information about you and your devices interact with our Services. You have the choice to accept or reject all cookies in your browser settings.

  • We may use analytics services such as Google Analytics, which analyzes information about your visits to our website and uses this information to help us deliver a better user experience for you. Google Analytics uses cookies to collect this information. To learn more about Google’s privacy practices, click here. To access and use the Google Analytics Opt-out Browser Add-on, click here.

  • Third-parties, such as Google, use cookies to display personalized ads on our website. You may opt out of Google’s use of cookies by visiting the Google Advertising Opt-out Page here.

Information Collected by and From Social Media and Other Content Platforms:

If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information in your social network profile. This may include your first name, last name, gender, general location, a link to your profile, your time zone, birthday, profile picture, your "likes" and your list of friends. If you do not wish to have this information shared, do not use a social networking connection to access the Services. For a description on how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.

When you "like" or "follow" us on Facebook, Instagram, Pinterest, Twitter or other social media sites, we may collect some information from you including your name, email address, and any comments or content you post relevant to us. We may also collect your information if you sign up for one of our promotions or submit information to us through social media sites.

Email and Opt-Out:

We require your first name and email address when you sign-up for our newsletter or when you want to contact us. We will use email to send you news and service updates unless you "opt out" to receiving such emails by using the unsubscribe links within the emails that we send.

How We Use Your Information:

We use information collected through our Service to provide and improve the Service, process your requests, provide you with information and advertising for our Services, comply with the law, and as otherwise permitted with your consent.

Where relevant under applicable laws, all processing of your personal information will be justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:

  • You have provided your consent for us to use your personal information for a specific purpose;

  • Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);

  • The processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention).

  • The processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.  

We will use your personal information for the following purposes:

  • To process a transaction initiated by you or to provide the features, services and products available through the Services;

  • To send you information about your transactions with us, account alerts, or other communications, such as newsletters to which you have subscribed;

  • To notify you about new features, changes and/or offerings of the Services, including, but not limited to, updates, discounts, events, shows news about our Services, products, and/or special offers;

  • To process and respond to your inquiries or to request your feedback;

  • To enforce the legal terms that govern your use of the Services;

When We Disclose User Information:

We do not sell your data to third parties. We will only disclose your personal information to third parties in the following circumstances:

  • Consent: We may disclose your information to any third parties based on your consent to do so.

  • Service Providers: We may provide access to or share your information with select third parties who perform services on our behalf and for any other legitimate business purpose. These third parties provide a variety of services to us, including without limitation billing, sales, marketing, advertising, market research, customer support, fulfillment, data storage, analysis and processing, and legal services.

  • Business Transfers: As we continue to develop our business, we may buy, merge or partner with other companies. In such transactions, (including in contemplation of such transactions, e.g., due diligence) user information may be among the transferred assets. If a portion or all of our assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets.

  • Public Forums: Our Services offer publicly accessible blogs and community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Please also remember that if you choose to provide information on public features of the Services, individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about what you choose to disclose publicly and make sure it’s information you want to share with the public.

Updating Your Information and Data Retention:

We will keep your personal data for as long as we need it, or as otherwise prescribed by law, for the purposes set out above. This period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example if you have made a complaint about a product) for as long as is necessary to protect us from a legal claim. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

International/EU Users:

The Services are operated in the United States and are governed by United States law. If you are a resident of the European Union or other location outside the United States, please be advised that any information you provide through the Services will be transferred to the United States or other designated locations outside of the European Economic Area which do not have a similar standard of protection laws to the EU for processing, hosting and storage by us or our service providers. Where you are accessing Services from a European Union member state, we will take all steps reasonably necessary to ensure that your information is treated securely in accordance with this privacy policy always and at least to the standards required by Applicable Law in the jurisdiction of access. By using the Services, you consent to this transfer and to the use of the information as described herein.

Under applicable EU regulation, you have the following rights in respect of your personal information to:

  • Obtain a copy of your personal information together with information about how and on what basis that personal information is processed;

  • Rectify inaccurate personal information;

  • Erase your personal information in limited circumstances where (a) you believe that it is no longer necessary for us to hold your personal information; (b) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (c) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (d) where you believe the personal information we hold about you is being unlawfully processed by us;

  • Restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim or (d) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection;

  • Challenge processing which we have justified on the basis of our legitimate interest;

  • Object to decisions which are based solely on automated processing or profiling;

  • Locate where you have provided your personal information to us with your consent, to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or

  • Obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.

In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection.

We will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.

Where, under Applicable Law, you are entitled to access information held about you and to request that it is corrected if any of your details held are incorrect. Your right of access can be exercised in accordance with the provisions of Applicable Law. Any access request will be subject to the maximum fee permissible under Applicable Law in order to meet our costs in providing you with details of the information we hold about you.

Third Party Links and Services:

The Services may contain links to third-party websites, applications and other services. Please be aware that we are not responsible for the privacy practices of such other sites and services. We encourage our users to be aware when they leave our Services and to read the privacy statements of each and every site they visit that collects their information. Some of these links may be affiliate marketing links encoded by third parties. This means that we may earn a commission when you click on or make purchases via affiliate links, and affiliate partners may use cookies to understand your use of the Services. 

Your California Privacy Rights:

California Law permits visitors who are California residents to request a list of the third parties to which we have disclosed "personal information" (as that term is defined under applicable California law) for such third parties’ direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing using the “Contact” page on our Site. 

Information from Children:

The Services are not directed to anyone under the age of 13 and such children are not permitted to use the Services. By using the Site, you have represented and warranted that you are either 18 years of age or using the Site with the supervision of a parent or guardian. If you are under the age of 13, you may not use the Site.

Questions About This Policy:

If you have any questions about our Policy, you can contact us by emailing: info@margaretteallyn.com.

About this Terms of Use:

Thank you ("you", "user") for visiting www.margaretteallyn.com by Margarette Allyn ("Margarette Allyn", "we", "us", "our"). This Terms of Use constitute a legally binding agreement ("Terms", "Agreement") between you and Margarette Allyn that describes your rights, rules and responsibilities when accessing or using our services through www.margaretteallyn.com ("Site"). Please read these Terms, our Privacy Policy, and any other terms referenced in this document carefully before use. 

By accessing, opening an account, or purchasing a product or service on this site, you accept and agree to be bound and abide by these terms of use and our privacy policy, incorporated herein by reference. If you do not agree to these terms of use or the privacy policy, please refrain from using this site immediately.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may use this Site only with the involvement of a parent or guardian who understands and agrees to these Terms. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to this Terms of Use:

You can see when this Agreement was last updated by the Last Updated date at the top of this Agreement. We reserve the right to revise the terms of this Agreement, at any time and from time to time, for any reason in our sole discretion by posting an updated Terms of Use Agreement with or without advance notice to you. It is important that you review this Agreement regularly to ensure you are updated to any changes. Once we post them on the Site, these changes become effective immediately and, if you use the Site after they become effective, it will signify your agreement to be bound by the changes. 

Community Guidelines:

Please be thoughtful about how you use Margarette Allyn and respect your fellow Users. By accessing the Site, you are agreeing to follow the User Guidelines ("Guidelines") below. You must adhere to these Guidelines in order to access and use our Site.

The following material is prohibited and applies to all User activity and communications made using our Site, or in connection to our Site, with other Users, Margarette Allyn, or any third parties:

  1. Is offensive, abusive, defamatory, pornographic, threatening, or obscene;

  2. Is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Margarette Allyn or a third party;

  3. Purposely includes personal data of third parties or is intended to solicit such personal data;

  4. Includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;

  5. Is intended to or does harass or bully other users;

  6. Impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

  7. Involves the transmission of unsolicited mass mailings or other forms of spam ("spam"), junk mail, chain letters, or similar;

  8. Involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Margarette Allyn;

  9. Links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Margarette Allyn;

  10. Interferes with or in any way disrupts the Site, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Margarette Allyn’s computer systems, network, usage rules, or any of Margarette Allyn’s security components, authentication measures or any other protection measures applicable to the Site, or any part thereof; or

  11. Conflicts with the Agreement or Privacy Policy, as determined by Margarette Allyn;

  12. Violates the rights of another, including but not limited to the intellectual property rights of another. This includes using the Site for acts of copyright, trademark, patent, trade secret, or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation);

  13. Harvest or otherwise collect information about other users of the Site, including e-mail addresses;

  14. Copy/collect Margarette Allyn content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand);

You agree that any activity from your Account that violates these Guidelines (or that MMargaretteAllyn reasonably believes violates these Guidelines) may result in immediate termination or suspension of your access to the Site.

Using Our Website:

You may post comments publicly on our Site, including comments on articles, blog posts, videos and pictures. You agree that all content that you submit in the form of public comments or any other submissions directly to, or through, the Site (collectively, "User-Generated Content") will not violate our Community Guidelines, this Agreement, our Privacy Policy, or the rights of any third party. You further agree that we shall have unrestricted rights to use any User-Generated Content that you submit for any and all purposes whatsoever, commercial or otherwise, without any further permission from, notice to, or any payment to, you or anyone else. 

We have the right, but are not obligated to, monitor, edit, or remove any activity or content involving you. We have no responsibility and assume no liability for any User-Generated Content posted or sent by You, to you, or by anyone else. You also agree that you will Indemnify us from and against all claims arising out of, resulting from or relating to any such User-Generated Content.

Intellectual Property:

All material provided on this Site, such as text, articles, photographs, images, videos, blog posts, icons, graphics, trademarks, branding, designs and logo (collectively, "Content") is our property or the property of our licensors or licensees. This material is protected by United States and international copyright laws. Your use of any Content owned or licensed by Margarette Allyn is prohibited without our prior written consent. 

We grant you a non-transferable, non-exclusive, revocable, limited license to use and access this Site solely for your personal, non-commercial use. You agree not to copy, distribute, sell, license, reproduce, display, reverse engineer, or make a derivative copy of the Site or any of the Content. Without Margarette Allyn’s prior written permission, you agree not to display or use Margarette Allyn’s trademarks or any other intellectual property. 

Third-Party Links:

The Site may contain links to third-party websites and services (collectively, "Third-Party Links"). We are not responsible for, and do not assume any liability for, the content of any Third-Party Links. You acknowledge that we are not responsible for evaluating Third-Party Links and we do not make any representations regarding Third-Party Links. You agree that any interaction with third-party links on our Site is at your own risk. 

Disclaimer of Warranties:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARGARETTE ALLYN DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

YOU AGREE THE SITE AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. MARGARETTE ALLYN MAKES NO REPRESENTATION THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE SITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SOFTWARE OR NETWORK WILL BE CORRECTED. NO ADVICE, INFORMATION OR CONTENT, WHETHER ORAL OR WRITTEN, OBTAINED FROM, THROUGH, OR IN CONNECTION WITH THE SITE OR THE CONTENT, WILL CREATE OR PROVIDE ANY WARRANTY OR REPRESENTATION ON THE PART OF MARGARETTE ALLYN. YOU AGREE THAT BY RELYING ON ANY CONTENT, INCLUDING USER-GENERATED CONTENT, PRODUCTS OR SERVICES ON OR ASSOCIATED WITH THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. THE SITE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR INFORMATION OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

WE EXPLICITLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. THE WEBSITE AND PRODUCTS/SERVICES CONTAINED WITHIN ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH PROFESSIONAL. WE DO NOT ASSUME AND SHALL NOT HAVE ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. YOU SHOULD CONSULT A LICENSED PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTHCARE PROFESSIONAL FOR MEDICAL ADVICE. BY USING THIS WEBSITE OR FOLLOWING ANY OF THE INFORMATION CONTAINED ON THIS WEBSITE OR LINKED THROUGH THIS WEBSITE, YOU ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH.  

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

Indemnification:

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Site; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.

Limitation of Liability:

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MARGARETTE ALLYN, ITS SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALLY) BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE WEBSITE, THE CONTENT CONTAINED THEREIN, ONLINE COMMUNITY, USER-GENERATED CONTENT, THIS AGREEMENT, OR ACTIVITIES RELATING THERETO EVEN IF MARGARETTE ALLYN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF MARGARETTE ALLYN FOR DIRECT DAMAGES SHALL NOT EXCEED $100. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN MARGARETTE ALLYN’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Choice of Law:

These Terms of Use and any claim will be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law.

Waiver:

If we fail to exercise or enforce any right or provision of this Agreement or other incorporated agreements, that failure shall not be used to prove or be construed that the Site has waived the right or provision. If any provision of this Agreement or other incorporated agreements is found by a court of competent jurisdiction to be invalid, the User nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR SERVICES OR THE AGREEMENT OR INCORPORATED AGREEMENTS MUST BE FILED BY THE USER OR THIRD PARTY WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Survival:

After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting intellectual property, indemnification, and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Agreement, the termination of this Agreement for any reason will not release you or Margarette Allyn from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

Entire Agreement:

This Agreement sets forth the entire agreement and understanding between you and Margarette Allyn relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Use are included for ease of reference only and have no binding effect. Even though Margarette Allyn drafted the Terms of Use, you represent that you had ample time to review and decide whether to agree to the Terms of Use.