Terms of Use
Effective Date of Terms of Use: March 19, 2025
These Terms of Use apply to this website and any other website, application, or other online service that links to these Terms of Use, including author websites and online services, however accessed and/or used, that are operated or otherwise made available by Marcus1Media, LLC (collectively referred to as the "Sites").
MARCUS1MEDIA, LLC ("WE", "US", OR "OUR") RESERVES THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS OF USE AT ANY TIME. PLEASE CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES.
This is a legal agreement between you ("you" or "user") and Marcus1Media, LLC and states the material terms and conditions that govern your use of the Sites. This agreement, together with all updates, supplements, additional terms, and all of Marcus1Media, LLC's rules and policies collectively constitute and shall be referred to as the "Agreement" between you and Marcus1Media, LLC.
BY ACCESSING, BROWSING, OR USING THE SITES (INCLUDING MARCUSLDAVIS.COM), YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF USE STATED HEREIN, YOU MUST IMMEDIATELY STOP USING THE SITES.
1. Copyright and Ownership
The Sites are owned and operated by Marcus1Media, LLC and its affiliates and vendors. All of the content featured, displayed, offered for sale, or otherwise made available on or through the Sites, including, but not limited to, text, graphics, photographs, images, moving images, sound, audio recordings, audiobooks, illustrations, software and any other content (collectively, the "Content"), is owned by Marcus1Media, LLC, its licensors, vendors and/or its content providers.
All elements of the Sites, including but not limited to the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. Each of the Sites may only be used for the intended purpose for which such Site is being made available.
Except as may be otherwise indicated in specific documents within the Sites, you are authorized to view, play, print and download documents, audio and video found on our Sites for personal, informational, and noncommercial purposes only. You may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites.
Except as permitted under applicable copyright laws, you are responsible for obtaining permission before re‑using any copyrighted material that is available on the Sites. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites. The Sites, the Content, and all related rights shall remain the exclusive property of Marcus1Media, LLC and its licensors unless otherwise expressly agreed in writing. You will not remove any copyright, trademark or other proprietary notices from material found on the Sites.
2. Site Access License
Marcus1Media, LLC grants you a limited, revocable, non‑exclusive, non‑transferable license to access and make personal, noncommercial use of the Sites and their Content and not to download (other than page caching or unless otherwise allowed by Marcus1Media, LLC or permitted by law) or modify all or any portion of the Sites or their Content.
This license does not include:
- Any resale or commercial use of the Sites or their Content;
- Any collection and use of any product listings, descriptions, or prices;
- Any derivative use of the Sites or their Content;
- Any downloading or copying of account information for the benefit of another merchant; or
- Any use of data mining, robots, or similar data gathering and extraction tools.
The Sites and/or any portion of the Sites or their Content may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without Marcus1Media, LLC's express prior written consent.
You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Marcus1Media, LLC, its content providers or its affiliates without express prior written consent. You shall not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express prior written consent.
Additionally, you agree that you will not:
- Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
- Bypass any measures we may use to prevent or restrict access to the Sites.
Any unauthorized use automatically terminates the permissions and/or licenses granted by Marcus1Media, LLC to you.
3. Corporate Identification & Trademarks
All of our trademarks, service marks, trade names, and trade dress used on or in connection with the Sites (including but not limited to the corporate name Marcus1Media, LLC, the MarcusLDavis.com name and logo, and any other names and designs of the Sites) are trademarks or registered trademarks of Marcus1Media, LLC or its affiliates, partners, vendors or licensors.
You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Marcus1Media, LLC's express prior written consent. The use of our trademarks on any other website or networked computer environment is not allowed.
You are granted a limited, revocable, non‑exclusive, non‑transferable right to create a link to any page of the Sites so long as the link does not portray Marcus1Media, LLC, our content providers, our licensors, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Marcus1Media, LLC logo or other proprietary graphic or trademark as part of the link without express written permission. Except as expressly stated herein, no rights or licenses are granted hereunder.
4. Links to Third Parties & No Endorsement
The Sites may contain links to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by Marcus1Media, LLC of, or any affiliation with, or endorsement by, the owner of the linked site. Marcus1Media, LLC is not responsible for the contents or use of any linked site, or any consequence of making the link.
The Sites may also include tools that allow you to sign in or register using information from your account with a third‑party service (for example, social media logins). These third‑party services are unrelated to the Sites, and your use of such third‑party services is subject to the terms and policies of those services.
You shall not use Marcus1Media, LLC's name or any language, pictures or symbols which could, in Marcus1Media, LLC's judgment, imply Marcus1Media, LLC's endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
5. Fees, Billing, and No‑Refund Policy
For all charges for any products and services sold on or through the Sites, Marcus1Media, LLC or its vendors or agents will bill your credit card or an alternative payment method at the time of purchase or as otherwise disclosed at checkout.
By providing payment information, you represent and warrant that:
- You are the authorized user of the payment method you provide; and
- You authorize Marcus1Media, LLC (and its vendors or agents) to charge the full amount of your purchase(s) and any applicable taxes, fees, and charges.
In the event legal action is necessary to collect on balances due, you agree to reimburse Marcus1Media, LLC and its vendors or agents for all expenses incurred to recover sums due, including reasonable attorney's fees and other legal expenses. You are responsible for the purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Sites.
5.1 All Purchases Are "As Is" – No Refunds
To the maximum extent permitted by applicable law, all purchases made through the Sites are final, sold "AS IS," and non‑refundable. This includes, without limitation:
- Digital products, including but not limited to ebooks, PDFs, downloads, online courses, subscriptions, and audiobooks;
- Physical products, if any; and
- Any other products or services offered or sold by Marcus1Media, LLC.
By completing a purchase on the Sites, you expressly agree that:
- You have reviewed all relevant product information before purchasing;
- You understand that Marcus1Media, LLC does not provide refunds, returns, or exchanges for any reason (including but not limited to dissatisfaction with content, perceived quality, failure to download or access a product due to your equipment or connectivity, or a change of mind), except where required by applicable law; and
- You accept full responsibility for ensuring that your devices, software, and Internet connection are compatible with and capable of accessing any digital products you purchase.
If you have any questions about a product before you buy, you should contact Marcus1Media, LLC at [email protected] before making your purchase.
5.2 AI‑Read Audiobooks – Digital Product; No Refunds
Certain audio products offered by Marcus1Media, LLC are audiobooks read by artificial intelligence (AI) and are delivered digitally.
By purchasing or accessing any AI‑read audiobook or other digital audio product, you acknowledge and agree that:
- The audiobook is read by AI, not a human narrator;
- The product is a digital good delivered electronically (for example, via download or streaming), not a physical item;
- You understand and accept the nature, style, and limitations of AI‑generated narration;
- No refunds, returns, or exchanges are permitted for any AI‑read audiobook or other digital product for any reason, except where required by applicable law; and
- Your inability to access or use the audiobook due to issues related to your device(s), software, or Internet connection does not entitle you to a refund.
If you have any questions about whether a specific product is read by AI or about the format of a product, please email [email protected] before purchasing.
6. Privacy Policy
Data collection and use, including the collection and use of personal information, is governed by Marcus1Media, LLC's Privacy Policy, which is incorporated into and is a part of this Agreement. By using the Sites, you consent to the ways in which we collect, use, and share your information as described in our Privacy Policy.
7. User Submissions
Where Marcus1Media, LLC has specifically invited or requested user‑submitted content of any kind, we may encourage members of the public to submit such content (for example, user‑generated content, posts to forums, comments on content, reviews, testimonials, or participation in communities) to Marcus1Media, LLC that they have created for consideration in connection with the Sites and any related programs ("User Submissions"). User Submissions remain the intellectual property of the individual user, subject to the license you grant below.
By posting or submitting your content on or through the Sites, you expressly grant Marcus1Media, LLC a non‑exclusive, perpetual, irrevocable, royalty‑free, fully paid‑up, worldwide, fully sub‑licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity.
We may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non‑confidential and Marcus1Media, LLC shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.
By submitting any User Submissions, you consent to the following rules:
- Intellectual Property: User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party. If your User Submission is not your original work, you must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms of Use.
- Privacy and Publicity: User Submissions must not violate a third party's right to privacy or publicity. You must obtain all necessary permissions from any individuals identified in or implicated by your User Submission, including those shown in photographic or audio‑visual content, and, in the case of minors, also from their parents or legal guardians, as appropriate.
- Relevance: User Submissions should relate to the content on the Sites and should be intended to add to the discussion and community on the Sites.
- Respectful Conduct: User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, disability, or any other protected characteristic, or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- No Commercial Activity: User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity through your User Submission. Soliciting other users to join or become members of any commercial online service or other organization is expressly prohibited.
- No Impersonation: You may not impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
- No Personal Information in Public Areas: Remember that forums and other areas of the Sites may be public. Do not post personal information (for example, full name, password, phone number, address, email address, or other personally identifiable information or contact information) in these areas.
All User Submissions must comply with these rules and any additional guidelines posted on the Sites, as applicable. User Submissions do not represent the views of Marcus1Media, LLC or any individual associated with Marcus1Media, LLC, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, Marcus1Media, LLC's endorsement of User Submissions.
Marcus1Media, LLC does not vouch for the accuracy or credibility of any User Submissions and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Sites. Through your use of the Sites, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. By using the Sites, you assume all associated risks.
8. Removal of User Submissions
Marcus1Media, LLC is not obligated to monitor, edit, or disclose the contents of a user's communications except as required in the course of normal maintenance of the Sites and their systems, or as required to do so by law or in the good‑faith belief that such action is necessary to:
- Comply with the law or comply with legal process served on Marcus1Media, LLC or the Sites;
- Protect and defend the rights or property of Marcus1Media, LLC, the Sites, or users of the Sites; or
- Act in an emergency to protect the personal safety of our guests, the Sites, or the public.
Users shall remain solely responsible for the content of their messages and User Submissions, and Marcus1Media, LLC shall have no obligation to pre‑screen any such content. However, Marcus1Media, LLC shall have the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the Sites. Without limiting the foregoing, Marcus1Media, LLC shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Sites.
In addition to any remedies that Marcus1Media, LLC may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from the Sites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
9. Account Registration and Security
If you decide to register as a member of a Site, you may receive or establish one or more usernames, passwords and accounts. In consideration of your use of such registration, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the applicable registration form ("Registration Data"); and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Marcus1Media, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Marcus1Media, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof).
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware at [email protected].
You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the registration and Sites. Marcus1Media, LLC may provide user billing, account, content or user records, and related information under certain circumstances (such as in response to legal obligations, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business) to third parties.
10. Representations and Warranties by You
You shall be solely responsible for your own User Submissions, your use of your registration, and the consequences of posting or publishing or participating in the Sites. In connection with User Submissions and your use of the Sites, you affirm, represent and warrant that:
- You are over the legal age to contract in your jurisdiction (or your parent or guardian has consented to your User Submission and your use of the Sites) and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions, and obligations herein;
- You have obtained all consents and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses herein;
- If necessary, you have the written consent of each and every identifiable natural person in the User Submission to use such person's name or likeness in the manner contemplated by the Sites and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use;
- You have read, understood, agree with, and will abide by the terms of this Agreement;
- The User Submission and Marcus1Media, LLC's use thereof as contemplated by these Terms of Use and the Sites will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity; and
- The User Submissions do not and will not contain:
- Material falsehoods or misrepresentations that could harm Marcus1Media, LLC or any third party;
- Content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, or that encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
- Advertisements or solicitations of business; or
- Impersonations of third parties, unless clearly a parody and not otherwise in violation of these Terms of Use.
11. Termination
Marcus1Media, LLC may suspend or terminate any user's access to all or any part of the Sites, including any account thereon, without notice, for any reason in Marcus1Media, LLC's sole discretion, including without limitation Marcus1Media, LLC's belief that such access would violate any applicable law, these Terms of Use, or would be harmful to the interests of Marcus1Media, LLC or another user.
Upon termination, you will lose access to all of the Sites and all Content thereon. The obligations that you have to Marcus1Media, LLC under these Terms of Use (including, without limitation, ownership, no‑refund terms, indemnity, limitation of liability, and governing law provisions) will continue even after we suspend or terminate your access to the Sites.
12. Release
In the event that you have a dispute with one or more other users of the Sites, you release Marcus1Media, LLC (and its officers, directors, members, managers, employees, agents, subsidiaries, affiliates, successors, and assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
