Terms and Conditions

Last Update: November 20, 2024

These terms of use have a binding arbitration provision. Its affects your legal rights. Please read it.

These terms of use are entered into by and between you and Cyberlume, Inc. (“Maro,” "Company," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of Maro, including any content, functionality, and services offered on or through www.seekmaro.com, app.seekmaro.com, or the Maro browser extension (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at seekmaro.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Maro and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

When you use the Services on behalf of an entity (a company), these Terms of Use bind the company, and the word “you” in the Terms of Use refers to the company. If you personally open an account for a company, you represent that you have the authority to bind the company to these Terms of Use as applied to your use. If you don’t agree to these Terms of Use or you don’t have authority, you may not use the Services.

User Responsibilities

You may use the Website only for lawful purposes and in accordance with these Terms of Use.

Users are responsible for maintaining the confidentiality of their account information and for all activities that occur under their account, and will not share or disclose your user ID or password to any third party.
Notify Maro immediately of any unauthorized use of your account, username or password or any other breach of security.
Make all arrangements necessary for you to have access to the Platform.
Provide true, accurate, current, and complete information when registering to use the Platform, and update such information as needed.
Work with us to cooperate with law enforcement authorities in prosecuting users who are involved in such violations of system or network security that may result in civil or criminal liability.

In addition, you agree that you will not:

Use the platform for any unlawful or prohibited activities, or access or use the Platform or any portion thereof without authorization.
Access the Platform other than by the interfaces provided by Maro or interface with or disrupt the proper operation of the Platform.
Breach or attempt to breach the security of the Platform, or attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform or any portion of the Platform.
Disparage, tarnish or otherwise harm, in our opinion, us and/or the Platform.
Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us.
Use any information obtained from the Platform to harass, abuse or harm, in our opinion, us and/or the Platform.
Except for ADA accessibility purposes, not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, spyware, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Platform.
Interfere with, disrupt or create an undue burden on the Platform or the networks or services connected to the Platform.
Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Platform, or copy or adapt the Platform’s software.
Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.

Accounts

Some Services require registering and creating an account. You accept responsibility for activities that occur under your account or on behalf of your company’s account, and you must immediately tell us if you believe your account is no longer secure. The person who registers on behalf of any company is the initial administrator and determines initial access, privacy, and security (e.g. privilege levels) for the Services within the company.
Maro may access, preserve, and disclose your account information and related contents if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with the law, enforce these Terms of Use, or investigate claims of third parties, or protect the rights, property or personal safety of Maro, our users, or the public.
You agree that Maro will have the right, both during and after the Term, to use De-Identified Data to improve and ensure the quality of our Services. "De-Identified Data" is data that Maro has de-identified, and may also have aggregated, using standard industry practices such as masking to avoid identifying you or a specific individual or company.

Accuracy and Integrity of Information

Although we attempt to ensure the integrity and accuracy of the Website and Services, we make no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Services and content thereon. It is possible that the Website and/or Service could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Platform by third parties. If an inaccuracy arises, please inform us so that it can be corrected. We reserve the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Maro shall have no responsibility or liability for information or Content posted to the Website from any unaffiliated third party.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Intellectual Property

All content, features, and functionality on the platform are the exclusive property of Maro and are protected by intellectual property laws.
All intellectual property rights to the Services, including but not limited to the software, systems, content, images, video and audio, and the design, selection, and arrangement thereof, including all copyrights, trademarks, logos, service marks, patents and trade secret rights (collectively, “Content”) are owned by Maro, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade dress, trade secret and/or other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, edit, adapt, create derivative works of, publicly display, publicly perform, republish, or otherwise make unauthorized use of any of the material on our Website, including but not limited to Content. Except as specifically set forth herein, you have not and shall not have any license to or right, title, interest or other ownership in or to the Website, Services, or Content.
Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use, which may violate copyright, trademark and other laws. Furthermore, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the Content in your possession or control.
Feedback. If you submit comments, ideas, or feedback about the Services to us, we are free to use such comments (in anonymous form) without any additional compensation. You acknowledge that, by acceptance of your submission, Maro does not waive any rights to use similar or related ideas previously known to Maro, developed by its employees, or obtained from others.
Marks. The Cyberlume and Maro names and marks, and all related names, logos, product and service names, designs, and slogans are trademarks of Maro or its affiliates or licensors. You must not use such marks or any marks that are confusingly similar without the prior written permission of Maro.

Third-Party Websites and Content

The Platform may contain links or enable access to third-party services and websites (collectively, “Third-Party Websites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (collectively, "Third-Party Content"). We are not responsible for examining, monitoring or evaluating the content or accuracy, reliability, appropriateness, or completeness of any Third-Party Websites and Third-Party Content. We are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy Maros or other policies of or contained in the Third-Party Websites or the Third-Party Content. Any reference or links to a Third-Party website or Third-Party Content is for educational or informational purposes only; it does not constitute or imply that we endorse, recommend or accept any responsibility for the website or content and/or the use of the website or content. It is up to you to take precautions to ensure that the Third-Party Website and Third-Party Content: (a) are free of such items as viruses, worms, Trojan horses, and other items of a destructive nature; (b) are not inconsistent with these Terms of Use; (c) do not infringe the intellectual property rights of Maro or any third party; (d) are not used to harass, abuse, stalk, threaten, or defame any person or entity; and (e) comply with any applicable laws. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any Third-Party Websites and Third-Party Content at any time without notice or liability to you.
Use of and reliance on external services is solely at your own risk and we may not be held liable for any damages arising out of or related to your use of any external service. You agree to hold us harmless form any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content or any contact with with third-party websites.

Disclaimers; No Warranty

You are responsible for implementing sufficient procedures and practices for cybersecurity protection including anti-virus, endpoint protection, accuracy of data input and output, and for maintaining a backup of your data.
The website, its content, and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Your use of the website, its content, and any services or items obtained through the website is at your own risk.
Neither Maro nor any person associated with Maro makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Neither Maro nor any person associated with Maro warrants or makes any representations regarding the use or the results of the use of the services with regard to correctness, accuracy, reliability, or otherwise.
Without limiting the foregoing, neither Maro nor anyone associated with Maro represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
To the fullest extent provided by law, Maro hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation of Liability

In no event will Maro or our directors, employees or agents be responsible or liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the services, content, and/or information contained within any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum aggregate liability of Maro to you with respect to your use of the services is five hundred dollars ($500.00).

You acknowledge and agree that Maro has offered its products and services, set its prices, and entered into these terms of use in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the disclaimers of warranty and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the disclaimers of warranty and the limitations of liability set forth herein form an essential basis of the bargain between you and Maro.

Indemnification

You agree to defend, indemnify and hold harmless Maro and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services, including any data or work transmitted or received by you; (b) your violation of any term of these Terms of Use, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any of your User Data or any other data that are submitted via your account; or (f) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
Maro will have the right to control the defense, settlement, adjustment, or compromise of any such claims, actions, or proceedings by using counsel selected by Maro. Maro will use reasonable efforts to notify you of any such claims, actions, or proceedings upon becoming aware of them.

Geographic Restriction

The owner of the Website is based in the State of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Arbitration

Read this section carefully because it requires the parties to arbitrate their disputes and limits how you can seek relief from Maro.
For any dispute with Maro, you agree to first contact us at beatrice@seekmaro.com and attempt to resolve the dispute with us informally. In the event that Maro has not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at the New York City, NY office, unless you and Maro agree otherwise. If you use the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees by JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent Maro from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property, or other proprietary rights.

Term and Termination

These Terms of Use remain in effect until either party terminates them. To terminate these Terms of Use, you may terminate your account and access to online Services at any time with written notice to us. Such termination takes effect at the end of the period for which you have paid.
Services offered as a subscription will automatically renew at the end of each Subscription Term unless you cancel by providing us with written notice before the end of the Subscription Term. Renewal will be at the then-current pricing, which may differ from the pricing you paid in the prior Term.
We may terminate your access to Services for any or no reason by providing notice to you at least 21 days before the end of the then-current paid period. In addition, Maro may immediately terminate these Terms of Use and/or your access to Services, without notice, if we believe: (a) you’ve breached these Terms of Use; (b) your actions have caused or are likely to cause liability or other material negative effects for Maro or others; or (c) you’ve failed to pay fees when due and not cured such non-payment within ten (10) days of notice of the non-payment; or (d) you go out of business or enter bankruptcy proceedings. No refunds are available for suspension or termination under this section.

Changes to Terms of Use

We may update these Terms of Use from time to time. We will notify you of any changes by posting the new policy on our platform. We will let You know via email and/or a prominent notice on the Service, prior to the change becoming effective. You are advised to review these Terms of Use periodically for any changes. Changes are effective when they are posted on this page.

Waiver and Severability

No waiver by Maro of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Maro to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Governing Law

These terms are governed by the laws of the state of New York, without regard to its conflict of law principles.

Assignment

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you.

Entire Agreement

This, including the agreements incorporated by reference, constitutes the entire agreement between you and Maro relating to the subject matter herein and will not be modified except in writing, signed by both parties or by a change made by Maro as set forth in these Terms of Use.

Contact Us

For any questions or concerns regarding these Terms of Use, please contact us at beatrice@seekmaro.com.