Introduction & Scope.
The Site and the provided products and services are delivered by the Medlin Pro team (primarily Scott Medlin) (hereinafter referred to as “Medlin Pro”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Medlin Pro and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Henceforth, by accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.
Scott Medlin and the website Medlin Pro manages, operates and provides a marketing platform where users my find interesting and engaging content that may include references quality products and services offered by third parties. The content to be displayed and/or delivered via the Site includes, but is not limited to, sales funnels to products, affiliate marketing links and sponsored content. The aforesaid content may be presented through text articles, audio and video, personal blogs aod other types of multimedia content. We may also offer other type of content, products and services from time to time (all collectively referred to as the “Services”).
Please remember that certain product and service providers may be located in or have facilities that are located a different jurisdiction than either you or us. Therefore if you elect to proceed with a transaction that involves the products or services of a third-party service provider, then your transaction may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
Third-party Websites and Content.
Our Site and Services contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information regarding products and services which may be of interest to you. Please review the applicable terms and policies of such websites, including their privacy and data collection practices.
We may place ads and promotions from third-party sources in the Site. Accordingly, your participation or undertakings in promotions of third-parties other than Medlin Pro, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. Medlin Pro is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
The images, texts, posts, information, photographs and other content and media displayed on or through the Site are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is undertook by external third parties, and does not reflect Medlin Pro’s opinions, nor do Medlin Pro, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
You acknowledge and agree that Medlin Pro shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Affiliate Marketing Terms.
We do not directly process any payments. Our third party affiliates and partners do use payment platforms provided by globally accepted third-party payment processors. Accordingly, the processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processors. Medlin Pro is not responsible for any and all errors, fees and currency conversions fees by such payment processors.
We do not directly process any kind of purchases for any products or services. All products and services, whether tangible or intangible, are provided by our network of advertisers. The affiliate links placed by us on the Site will redirect you to their platforms, where you will be able to finish any transaction.
The materials appearing on Medlin Pro’s Site and content could include technical, typographical, or photographic errors. Medlin Pro does not warrant that any of the materials on its website are accurate, complete or current. Medlin Pro may make changes to the materials contained on its website at any time without notice. Please be advised that the color of actual products may or will vary to the one displayed on your monitor, and we cannot guarantee that your monitor will any color accurately.
Medlin Pro does not make any commitment to update the aforesaid materials. Medlin Pro will not undertake any efforts to ensure that the prices and descriptions of third party products and services are true, accurate, updated and/or correct, and Medlin Pro cannot fully guarantee such information.
Accordingly, the products and services referenced via the Site may or will be discontinued, and their specifications, availability, eligibility, prices and characteristics will be subject to change at any time, without prior notice and without any responsibility on behalf of Medlin Pro.
Medlin Pro does not make any representation or warranty regarding subjective elements of the products referenced via the Site.
Due to the nature of our marketing services, we cannot offer any type of refunds since we do not sell any actual products or services. If you have a problem with your order, please contact the party involved in the transaction. Some of our partners may offer limited guarantee for defective and/or damaged items.
Updates & Amendments.
Medlin Pro reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Medlin Pro encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Medlin Pro does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you can only use the Site under the direct supervision of your parent or legal guardian. Users are prohibited from providing Medlin Pro with personally identifiable information of persons under the age of eighteen (18) without the consent of their parents or legal guardians.
Medlin Pro does not knowingly collect any kind of information from any person under the age of thirteen (13), and will delete any related information thereto. For more information, please read our Policy.
As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Products or the Services in order to:
- Infringe these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Republish, sell, rent or sub-license content or materials from the Site without our authorization.
- Reproduce, duplicate or copy material from the Site without our authorization.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) Medlin Pro begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) Medlin Pro’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Medlin Pro to you from time to time; or (v) Medlin Pro’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
No Spam Policy.
We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake though our Services or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party, in compliance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act (‘CAN-SPAM Act’).
Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
Limited License. Medlin Pro hereby grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access the Services. You are prohibited from duplicating, re-engineering, reverse |engineering, modifying or otherwise using the Services, in whole or in part. Medlin Pro does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.
User Generated Content License. You hereby grant Medlin Pro an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to Medlin Pro via the Site or the Services. You represent and warrant to Medlin Pro that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Medlin Pro as set forth herein.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of or otherwise are licensed to Medlin Pro and/or its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Digital Millennium Copyright Act (‘DMCA’) Notice.
In compliance with the DMCA, we inform you that Medlin Pro.com is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing though the Site, which you may contact by email at [email protected] You can review the current DMCA text at the U.S. Copyright Office website. Medlin Pro takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Site upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with subject: “Takedown Request”. Once received, Medlin Pro will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Medlin Pro may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
DMCA Counter Claim Notice.
Given our business model, our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2) and (3) of the DMCA. To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Site and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.
Advertising & Opt-out Policy.
We may support the Site and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content the Site, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding certain advertisement opt-out.
The Site may allow you to subscribe to or newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating subscription therefore and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
Disclaimer of Warranty.
To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Medlin Pro, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
In no event shall Medlin Pro, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Medlin Pro, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Limitation of Liability.
In no event shall Medlin Pro’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree and acknowledge to indemnify, hold harmless, and defend Medlin Pro, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Medlin Pro’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Medlin Pro’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Medlin Pro); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Medlin Pro’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Force Majeure. Medlin Pro is no liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Medlin Pro’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.
Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Medlin Pro will be irreparably damaged, and therefore you agree that Medlin Pro shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union, Sweden or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.
No Relationship. You and Medlin Pro are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
No Waiver. Failure by Medlin Pro to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Applicable Law, Dispute Resolution.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, you agree that it will be resolved exclusively in the competent courts with jurisdiction in the City of Charlotte, State of North Carolina, United States of America.
You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of North Carolina will govern these Terms and any claim, without regard to conflict of law provisions. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
If you have any questions or queries about us, the Site, our Services or these Terms, please contact us.
Date of last effective update is January 23, 2020.