1. Terms and Conditions of Use. These Terms and Conditions of Use (these “Terms“) apply to MartinOrganization.com and all related websites contained herein (together, this “Website“), together with all documents, links, data, information, advertisements, policies, content, functions and other materials and services (together, “Content“) presented therein. This Website may contain Content not owned by Rod D. Martin, The Martin Organization, Inc. or any of their affiliates (together, “Martin“) which may be subject to separate terms and conditions. This Website is provided by Martin as a service to its customers for informational purposes and for personal use only. Commercial use of this Website is strictly prohibited.
2. Please Read These Terms Carefully Before Using This Website. By accessing this Website or any of its Content, you signify your agreement to be bound by each and every one of the terms and conditions below and that you are of sufficient legal age. If you do not agree with these Terms, please cease using this Website immediately.
3. Changes to these Terms. This Website may contain technical inaccuracies or typographical errors or omissions. Martin is not responsible for inaccuracies, typographical errors, omissions, product information or advertising. Martin reserves the right, at its discretion, to change, modify, add or remove all or portions of these Terms at any time. Your continued use of this Website will indicate acceptance by you of such rules, changes or modifications.
4. Links To Third Party Sites. This Website contains links to certain websites owned, operated or controlled by third-parties (“Third Party Sites“). Martin does not control and is not responsible for the Content of such Third Party Sites, or any changes or updates to such sites. Links to Third Party Sites are provided to you only as a convenience, for information purposes only, and their inclusion does not imply any endorsement, association, approval or warranty by Martin of such Third Party Sites or any of the Content contained therein. Access to any Third Party Sites shall be at your own risk.
5. Important Information Concerning The Licensing of the “Martin” Name and Mark. Certain goods, products, services, projects, properties and developments which appear or are referred to on this Website and/or on certain Third Party Sites (“Martin Branded Projects“) may not be owned, operated, developed, managed or sold by Martin. The owners, operators, developers, managers and sellers (“Third Party Owners“) of these Martin Branded Projects use the “Martin” name and mark under license, which license may be terminated or revoked according to its terms. Martin is not responsible for any representations made by Third Party Owners. For more information concerning Martin Branded Projects, please consult the Third Party Owner as well as all other disclosure documents which may be required by law.
6. Restrictions On Use Of Content. Unless otherwise noted, all Content contained on this Website is protected by copyrights, trademarks and/or other intellectual properties laws. No Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download, display and print one copy of the materials presented on this Website on a single computer for your personal, non-commercial use only. The use of any Content from this Website on any other internet, intranet, web or other site or computer environment is prohibited.
7. Additional Terms. Additional terms and conditions may apply to certain portions of this Website. By using this Website you agree to abide and be bound by such additional terms and conditions as well as all applicable laws.
8. Trademarks. The trademarks, logos and service marks displayed on this Website are registered and common law trademarks of Martin. Nothing contained on this Website should be construed as granting any license or right to use any of the trademarks without the written permission of Martin.
9. Communications. No right of confidentiality shall apply to any inquiries or other communications made to Martin through this Website (“Communications“) and Martin shall have no obligation to protect Communications from disclosure to third parties.
10. DISCLAIMER. MARTIN STRIVES TO ENSURE THAT THE CONTENTS OF THIS WEBSITE ARE ACCURATE AND RELIABLE. HOWEVER, ERRORS AND/OR OMISSIONS MAY SOMETIMES OCCUR. AS A RESULT, THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS-IS” BASIS. MARTIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, ITS CONTENT AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE. MARTIN HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT AND TITLE, AND WARRANTIES THAT THIS WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERRORS OR VIRUSES. MARTIN IS NOT RESPONSIBLE FOR THE CORRECTNESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS WEBSITE OR ANY OF ITS CONTENT.
11. Limitation Of Liability. In no event shall Martin or any of its respective officers, directors, licensors, employees or agents be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, special, incidental, consequential or indirect loss, injury or damages (including, without limitation, lost profits) arising out of or in connection with the use of this Website or its Content.
12. Jurisdiction. The Content of this Website is presented solely for informational use in the United States. Martin makes no representation that this Website or its Content is appropriate or available for use in other jurisdictions. This Website is not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation or would subject Martin or any of its affiliates to any liability.
13. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any action at law or in equity arising out of or relating to these Terms, this Website or its Content shall be filed only in the state courts located in Okaloosa County, Florida or federal courts located in the Northern District of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, waive any objection to the laying of venue in such courts, and agree not to plead or claim in any Florida court that such litigation brought therein has been brought in an inconvenient forum. All disputes relating to this Website or its Content shall be resolved individually, without resort to any form of class action.
14. Severability. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
15. Entire Agreement. The Terms represent the entire agreement between you and Martin relating to the subject matter herein and shall not be modified except as provided herein or in a writing signed by both parties. Any rights not expressly granted herein are reserved.
How we gather information from users
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site. Like most Web sites, MartinOrganization.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
What we do with the information we collect
Like other Web publishers, we collect information to enhance your visit and deliver more individualized content and advertising. We respect your privacy and do not share your information with anyone.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners. Again, this information does not include any Personally Identifiable Information about you or allow anyone to identify you individually.
Personally Identifiable Information collected by MartinOrganization.com may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.
Affiliated sites, linked sites and advertisements
Martin expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a MartinOrganization.com page, certain content that is actually created or hosted by a third party. Also, through MartinOrganization.com you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. Martin is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of Martin and of this policy.
Martin does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe Martin has any information from or about anyone under 13, please contact us at the address listed below.
We can be reached by contacting:
Changes to this Policy
Martin reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.
This policy and the use of this Site are governed by Florida law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in Destin, Florida. Any costs and fees other than attorneys’ fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree this policy and the use of this Site shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any action at law or in equity arising out of or relating to this policy, this Site or its Content shall be filed only in the state courts located in Okaloosa County, Florida or federal courts located in the Northern District of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, waive any objection to the laying of venue in such courts, and agree not to plead or claim in any Florida court that such litigation brought therein has been brought in an inconvenient forum. All disputes relating to this Site or its Content shall be resolved individually, without resort to any form of class action.
MartinOrganization.com is controlled, operated and administered entirely within Florida. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
Last Updated: April 24, 2014