Terms of Use

These Terms of Use are a binding agreement between you and Mardenly Consulting LLC, a Florida limited liability company. They govern your use of www.mardenly.com. By using the site you accept them. If you do not accept them, do not use the site.

1. Who operates this site

Florida document number L24000199236 — verifiable through the Florida Division of Corporations.

2. What this site is and is not

This site describes consulting services. Nothing on it is an offer capable of acceptance, a price quotation, or a commitment to provide services. No client relationship, fiduciary duty, or duty of confidentiality arises from reading this site, submitting the contact form, or exchanging email with us. A relationship begins only when both parties sign a written engagement agreement, and that agreement controls over anything stated here.

3. No professional advice

Content on this site is general business information. It is not legal, tax, accounting, financial, investment, immigration, insurance, or medical advice. We are not attorneys, certified public accountants, registered investment advisers, broker dealers, lenders, credit repair organizations, or licensed immigration consultants, and we do not provide services that require any of those licenses. Do not act on anything here without advice from a licensed professional in your jurisdiction who knows your circumstances.

4. No guaranteed results and no earnings claims

Consulting outcomes depend on your market, your capital, your team, your execution, and conditions outside anyone's control. We make no representation, warranty, or guarantee of any business, financial, revenue, profit, or commercial result.

Nothing on this site is an earnings claim, an income projection, or a representation that you will earn or save any amount. Where we describe past work, those descriptions relate to specific circumstances and are not a prediction of your results. Any figure mentioned anywhere on this site is historical and particular to that situation.

5. Testimonials

Where a client statement appears on this site, it reflects that person's experience in their own circumstances and is not a promise that you will get the same result. Results are not typical and your outcome will differ. If a person providing a statement received anything of value in exchange for it, or has a material connection to us beyond being a client, we will disclose that connection alongside the statement, in keeping with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 C.F.R. Part 255.

6. Consent to electronic communications

By using this site and sending us your email address, you consent to receive communications from us electronically and you agree that electronic records and signatures satisfy any legal requirement that a communication be in writing, under the federal Electronic Signatures in Global and National Commerce Act. You may withdraw this consent by writing to us, though we may then be unable to correspond with you.

7. Acceptable use

You agree not to use this site unlawfully, not to attempt to gain unauthorized access to it or any connected system, not to introduce malicious code, not to scrape or harvest it by automated means, not to interfere with its operation, and not to submit information through the contact form that is false, defamatory, or infringes the rights of another person.

8. Intellectual property

The text, design, layout, graphics, logo, and code of this site are owned by Mardenly Consulting LLC or its licensors and are protected by United States copyright and trademark law. You may view and print pages for your own reference. You may not reproduce, republish, distribute, sell, or create derivative works from any part of the site for commercial purposes without our written permission. Third party names and marks mentioned on this site remain the property of their owners, and mention of them does not imply affiliation or endorsement.

9. Copyright complaints

If you believe material on this site infringes your copyright, send a written notice to sharif@mardenly.com containing your signature, identification of the work, identification of the material and where it appears, your contact information, a statement that you believe in good faith the use is not authorized, and a statement under penalty of perjury that your notice is accurate and that you are authorized to act. We will investigate and remove infringing material.

10. Third party links

Links to other sites are provided for convenience. We do not control those sites, do not endorse their content, and accept no responsibility for them or for any loss arising from your use of them.

11. Disclaimer of warranties

Some jurisdictions do not allow the exclusion of certain implied warranties, so parts of this section may not apply to you.

12. Limitation of liability

Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or any other liability that cannot be excluded under applicable law. Some jurisdictions do not allow the limitation of incidental or consequential damages, so parts of this section may not apply to you.

13. Dispute resolution and arbitration

Informal resolution first

Before starting any proceeding, you agree to write to us at sharif@mardenly.com describing the dispute and the relief you seek, and to allow sixty days for us to resolve it informally. This step is a condition of starting arbitration.

Binding arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or this site will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules as applicable, rather than in court. The Federal Arbitration Act governs this provision. The arbitration will be seated in Hendry County, Florida, or conducted remotely at your election. The arbitrator may award the same individual relief a court could.

Class action waiver

Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights.

Your right to opt out

14. Governing law and venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law rules. Subject to section 13, the state and federal courts located in Hendry County, Florida have exclusive jurisdiction, and you consent to personal jurisdiction there. If you are a consumer resident in another jurisdiction, this does not deprive you of the protection of mandatory provisions of the law where you live.

15. Indemnification

You agree to indemnify and hold harmless Mardenly Consulting LLC and its members, managers, officers, employees, and contractors from any claim, loss, liability, or expense, including reasonable attorneys' fees, arising out of your breach of these Terms, your misuse of the site, or your violation of any law or the rights of a third party.

16. General provisions

Changes

We may revise these Terms. We will post the revised version with a new effective date, and where a change is material we will post notice on the home page for thirty days before it takes effect. Continuing to use the site after the effective date means you accept the revision. Changes do not apply retroactively to a dispute that arose before the effective date.

Severability

If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the remaining provisions stay in force. If the class action waiver in section 13 is held unenforceable as to a particular claim, that claim proceeds in court and the rest of section 13 continues to apply.

No waiver

Our failure to enforce a provision is not a waiver of it.

Assignment

You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, on notice to you.

Entire agreement

These Terms and the Privacy Notice are the entire agreement between you and us regarding the site, and supersede any earlier understanding. A signed engagement agreement, where one exists, controls over these Terms as to the services it covers.

Force majeure

Neither party is liable for a failure to perform caused by events beyond its reasonable control.