Website Terms of Use

Last Updated: January 1, 2025

These Terms of Use (“Terms“) govern your access and use of our website (“Site”) provided by Hughes Marino (“Hughes Marino” “we”, “our” or “us” shall include all parent, affiliates, and subsidiaries). Use of the Site is subject to these Terms. If you do not agree to these Terms, do not access or use the Site.

THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE HUGHES MARINO IN A CLASS ACTION LAWSUIT.

 

  1. Modifications to these Terms. We may modify these Terms at any time. Material changes will be conspicuously posted on the Site or otherwise communicated to you. All changes will be effective upon posting to the Site. By accessing or using the Site after changes are posted, you agree to those changes. However, if Hughes Marino modifies the arbitration provision below, you may reject that change by sending Hughes Marino written notice to the contact information set forth in these Terms within thirty (30) days of our posting of the change, in which case you must immediately stop using the Site.
  2. Privacy Policy. We collect certain information about you when you access and use our Site. Our collection and use of information about you is described in our Privacy Policy. If you do not agree to anything set forth in our Privacy Policy, you must immediately stop using the Site.
  3. Content. The Site, including any text, audio, video, graphics, interfaces, icons, software, code, data, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, “Content”) are exclusively the property of Hughes Marino or its licensors. Except for the rights expressly granted to you in these Terms, Hughes Marino retains all other ownership rights in and to the Site and Content, including all intellectual property rights.
  4. License to use the Site. Subject to your compliance with these Terms, Hughes Marino grants to you a limited, non-exclusive, non-transferable, non-sublicensable license, during the term of these Terms (described below), to access and use the Site and Content available via the Site solely for the purposes for which it is made available to you by Hughes Marino. No other access or use of the Site is permitted.
  5. Modifications to the Site. HUGHES MARINO MAY MODIFY THE SITE AND CONTENT AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. Hughes Marino may release updates and upgrades to the Site in its sole discretion; however, Hughes Marino does not guarantee that the Site or Content will be kept up to date. Such changes, updates and upgrades may be accompanied by additional terms and conditions which will be provided to you at such time.
  6. Restrictions on Your Use of the Site. The following actions are prohibited and are violations of these Terms:
    • You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without Hughes Marino’s prior written consent. Without limiting the foregoing, you may not copy, or use a copy of, the Site or Content without our prior written consent. You may not build a website or application of your own, or on behalf of a third party, that copies or uses Content from our Site.
    • You may not distribute or make the Site available over a network where it could be used by multiple devices at the same time.
    • You may not use the Site or Content for unlawful purposes.
    • You may not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
    • You may not engage in data mining or similar data gathering or extraction activities from the Site. You may not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
    • You may not access, use, or copy any portion of the Site or Content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
    • You may not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.
    • You may not engage in activities that aim to render the Site inoperable or to make their use more difficult.
    • You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
    • You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another without their written consent, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
    • You may not engage in any conduct while using the Site that Hughes Marino considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
    • You may not access or use the Site or Content for the purpose of creating a competing product or service, or that is in any way to Hughes Marino’s detriment.
    • You may not misrepresent your identity in any way or intercept messages without our permission.
  7. Site Information and Resources. We provide the information and resources on the Site for general, informational purposes. We do not guarantee it is accurate, up-to-date, or applicable to you. Hughes Marino in no way guarantees the accuracy or completeness of information or resources on the Site. Content provided on the Site is not an offer for the sale and is provided for informational purposes only.
  8. Intellectual Property Rights. The Site is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Hughes Marino, or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
  9. Copyright Policy. We respect the intellectual property rights of others, and we ask that you do the same. We strive to expeditiously remove any infringing material from the Site if we become aware of it.
  10. Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
  11. Feedback. If you submit comments or feedback to us regarding the Site or Content, or any other comments, questions, requests, content, or information (“Feedback”), we may use such Feedback without attribution or compensation to you.
  12. NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HUGHES MARINO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM STATUTE, COURSE OF DEALING OR USAGE IN TRADE. NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. HUGHES MARINO DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. HUGHES MARINO DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. HUGHES MARINO EXPRESSLY DISCLAIMS ALL LIABILITY RELATED TO YOUR DOWNLOAD AND USE OF THE SITE AND CONTENT, INCLUDING ANY DAMAGE TO YOUR DEVICE(S). THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION THE STATE OF NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
  13. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HUGHES MARINO OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR PROFESSIONAL ADVISORS (COLLECTIVELY, THE “HUGHES MARINO PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A HUGHES MARINO PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE AND CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE HUGHES MARINO PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, EXCEED $50 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING WITHOUT LIMITATION, THE STATE OF NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR LIMITATIONS OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
  14. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HUGHES MARINO PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR USE OF THE SITE OR CONTENT, (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE, AND (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER, SUBJECT TO INDEMNIFICATION BY YOU.
  15. Third-Party Websites and Content. The Site may link to third-party websites or contain third-party content. We provide links and such content as a convenience to users of our Site. We are not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site or any third-party services. Hughes Marino does not warrant or endorse any third-party website, service, or content. When leaving the Site, it is the applicable third-party’s terms and privacy policy that govern your use of such third-party site or application (and such third-party’s use of your personal information), not these Terms.
  16. Use in the United States. The Site is intended for use in the United States only. We do not guarantee that the Site will be available or permitted in any location other than the United States. If you choose to access the Site from a location other than the United States, you do so at your own risk. THE EXISTENCE OF THE SITE AND CONTENT SHALL NOT BE CONSTRUED AS HUGHES MARINO OFFERING THE SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH IS PROHIBITED BY LAW.
  17. Term and Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site and Content, and we may restrict your access to the Site and Content. Notwithstanding the foregoing, Hughes Marino may cease to make the Site or any Content available, in whole or in part, at any time in its sole discretion for any reason. Hughes Marino will not be liable to you or anyone else for any damages arising from or related to Hughes Marino’s suspension or termination of your access to the Site or Content, or in the event Hughes Marino modifies, discontinues or restricts the availability of the Site or Content (in whole or in part).
  18. Cooperation with Law Enforcement. Hughes Marino will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE HUGHES MARINO PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
  19. Assignment. Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of Hughes Marino. Any purported assignment without such permission is void.
  20. Waiver. Hughes Marino’s waiver of any rights or obligations under these Terms must be in a signed writing to be effective.
  21. DISPUTE RESOLUTION – ARBITRATION. You agree to resolve any disputes arising under these Terms or relating to the Site or Content through binding arbitration, on an individual basis, as set forth below.
    1. WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST HUGHES MARINO IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Hughes Marino’s right to appeal.
    2. Good Faith Discussions. You and Hughes Marino must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
    3. Rules. You agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (“Rules”). The Rules can be found at: https://www.adr.org/Rules. You and Hughes Marino agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
    4. Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
    5. Arbitrator. Arbitration will be before one (1) arbitrator who will have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site or Content, including as to the enforceability and/or formation of this agreement to arbitrate made between you and Hughes Marino.
    6. Location. You agree that arbitration will take place exclusively in San Diego County, California. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
    7. Time Limit. Any claim by you arising in connection with these Terms, the Site, or Content must be commenced by you within one (1) year of the dispute giving rise to the claim.
    8. Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
    9. The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator will not have the authority to award damages outside of those set forth in these Terms.
    10. Costs and Expenses. Each party will pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
    11. Exceptions. Notwithstanding anything to the contrary in this Section, you and Hughes Marino each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
  22. Governing Law. Unless expressly prohibited by the law of your place of residence, these Terms, and your access to and use of the Site and Content, are governed by the laws of California, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in San Diego County, California. The parties expressly agree to the exclusive jurisdiction and venue of those courts.
  23. Entire Agreement. These Terms, together with the Privacy Policy, contain the entire agreement between you and Hughes Marino with respect to your access to and use of the Site and Content.
  24. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
  25. Contact Us. Please direct any questions and concerns regarding these Terms to us at:

Hughes Marino
1450 Front Street
San Diego, CA 92101
Email: Privacy@HughesMarino.com
Phone: (619) 238-2111
Fax: (619) 238-2112