MarvQuin Blog

Carpe Diem!

Seize the Day! Each day presents new challenges for all of us. MarvQuin is focused on Seizing the Day and taking advantage of every opportunity and challenge that comes forward. Currently, MarvQuin is feverishly working on building out our community websites and creating innovative value through technological convergence. MarvQuin seizes the day. MarvQuin creates value.

The founders of MarvQuin, have long been advocates of Seizing the Day and living life to its fullest, however were stymied for a significant period of time prior to joining forces to create MarvQuin and seize the day. We will continue to seize the day and are always open to developing opportunities of value with our highly passionate and hard working team!

Happiness and Success

“Success is not the key to happiness. Happiness is the key to success. If you love what you are doing, you will be successful.” - Herman Cain

MarvQuin loves what we do everyday. We have a zest for our work and we are just as enthusiastic about it each day. Our mobile communities continue to increase in traffic, however we continue to remain focused on an innovative idea that will converge two of the most important physical things in many peoples lives.

MarvQuin is a young company, a happy company, and despite our youth, a successful company. We are successful because we are happy. We love what we do and are confident in our future success.

Breach of Non-Compete Agreement / Fiduciary Duty

MarvQuin LLC was served with its first lawsuit today. As with every successful company, this will not be last. However the causes of action alleged in the lawsuit and prayer for relief lack common sense and certainly lack a legal ground. I have included below a letter drafted discussing the law on non-compete agreements in Arizona. Of course,this attempt by an avaricious malcontent and his band of spineless lackeys will only serve to motivate MarvQuin and will not slow us down in any way shape or form!

Dear Glenn:

It is unfortunate that we must respond to your letter dated June 1, 2007 due to numerous factors that will be addressed in this letter, however we have dealt with David Smith for a significant amount of time therefore we knew he would attempt this and I specifically have been put in positions where I was asked to draft similar type letters, however most letters I declined because the request was contrary to any law and common sense.
This is another case where the law and common sense is clear regarding non-compete agreements and despite the law and common sense, you have chosen to pursue it.

First and foremost, MarvQuin LLC does not compete in any way with Company LLC. In fact the members of MarvQuin LLC attempted in vain to get Company LLC to participate in the business MarvQuin LLC has pursued. Company LLC refused. Witnesses for this include, David Smith, Jerry Jones, Steve Harmeyer, Andrew McAdams, Quinton Figueroa and myself among many others.

Secondly, this Agreement is egregiously overbroad in everyway. It specifically states that the “Employee shall not, anywhere in the United States or any other country, directly or indirectly…develop…or assist any person in developing, marketing, selling…any products or services competitive” with Company LLC. Therefore, the Employee is only permitted to work in this industry on another planet.

Third, your letter does not address the non-compete agreement in any way. In your letter you state that “the agreement specifically prohibits [Quinton] from working in any manner related to the design, development…production of any web based sales and / or marketing business.” However the Agreement specifically states that Figueroa cannot engage in design, development…of products which are competitive with Company LLC, not that Figueroa can never engage in the activities stated in your letter. Additionally, in your letter you do not state anything that is in competition with Company LLC because there is nothing in competition.

This is just another attempt by David Smith to control, manipulate and undermine the lives of others instead of focusing on his own life and his own business. Again, I have seen this unproductive and disappointing behavior for over a year.
The law on non compete agreements is very clear in Arizona and is as follows:

Under Arizona law, a restrictive covenant will be considered unreasonable and unenforceable: "1) if the restraint is greater than necessary to protect the employer's legitimate interest; or 2) if that interest is outweighed by the hardship to the employee and the likely injury to the public." Valley Med. Specialists v. Farber, 982 P.2d 1277, 1281 (Ariz. 1999). Generally, non-competition restrictive covenants are either reasonable and enforceable or unreasonable and unenforceable. However, "[i]f it is clear from its terms that a contract was intended to be severable, the court can enforce the lawful part and ignore the unlawful part." Olliver/Pilcher Ins. v. Daniels, 715 P.2d 1218, 1221 (Ariz. 1986). As a result, Arizona courts have adopted the "blue pencil" doctrine as expressed in the Restatement (Second) of Contracts. See, Farber, 982 P.2d at 1286 ("Arizona courts will 'blue-pencil' restrictive covenants, eliminating grammatically severable, unreasonable provisions.") "Where the severability of the agreement is not evident from the contract itself, the court cannot create a new agreement for the parties to uphold the contract." Olliver/Pilcher Ins. v. Daniels, 715 P.2d at 1221.
First and foremost, the restraint in your letter, which is not even the focus on the agreement prohibiting Figueroa from work in any web related matter does not protect Company’s legitimate interest because Company did not want to participate in this type of business.

Additionally, the hardship to the employee in this particular case is extreme. Web related work is and his been Figueroa’s business for over five years and he is only twenty one years old.
A problem that arises with the "blue pencil" rule is that the overbroad provisions are typically the geographic or temporal restrictions. See, e.g., Varsity Gold, Inc. v. Porzio, 45 P.3d 352, 356 (Ariz. App. 2002) (noting that the geographical provision in a non-compete agreement, which encompassed the entire state and contiguous states, was unreasonable, where the employee worked only in one portion of one city). Once a court strikes those provisions, there generally are no geographic or temporal restrictions at all, rendering the agreement overbroad per se and, therefore, unenforceable. In other words, courts following the blue pencil rule will not do anything more than strike overbroad provisions; they will not revise the agreement to be enforceable even if the agreement expressly authorizes the court to do so.
The geographical restrictions in the non-compete signed by Quinton Figueroa and David Smith state that Figueroa cannot engage in the restricted work “anywhere in the United States or any other country.” Therefore, Figueroa could only engage in this type of work on another planet. Glenn please. As seen in the above paragraph, Arizona courts find that limiting a person to work within an entire state is egregious and unenforceable, let alone the entire world.

Also, as seen above, an overbroad agreement is unenforceable.
Moreover, Arizona courts rigorously scrutinize geographic and temporal restrictions, as they will enforce only those agreements in which the "restraint does not exceed that reasonably necessary to protect the employer's business, is not unreasonably restrictive of the rights of the employee, does not contravene public policy, and is reasonable as to time and space." Bed Mart, Inc. v. Kelley, 45 P.3d 1219, 1221 (Ariz. App. 2002); see also, Bryceland v. Northey, 772 P.2d 36, 40 (Ariz. App. 1989) (suggesting, in dicta, that a reasonable temporal restriction should not exceed 14 weeks); Amex Distrib. Co., Inc. v. Mascari, 724 P.2d 596, 604 (Ariz. App. 1986) (asserting, in dicta, that a period of a few months is probably the maximum appropriate temporal restriction for a sales representative).

For the reasons listed above and supported by the appropriate law, this Non-Compete Agreement is unenforceable. Additionally, we are now focused on good quality, business and relationships which David Smith is disappointed that we do not want him involved. We have no interest in wasting other people’s times with frivolous claims. Our goal from the beginning has been to focus on good business. We wish for the best of everyone. We do not try to manipulate, undermine and control other people’s lives. There is an enormous list of people who think the opposite about David Smith because they have experienced it.

I moved out here in reliance on representations made by David Smith and put my full trust, loyalty and faith in him, only to almost end up homeless. I have worked tirelessly for David Smith and earned almost nothing to this point. I look back on a year of opportunity and besides the real estate projects that I remain a part of, however earned no money from, I have nothing to show. We just want to be left alone to pursue our business and enjoy our lives.

Glenn based on the law, this agreement, and the history between the parties; you have an obligation to advise your client appropriately. If we are forced to hire counsel, for these truly outrageous claims, then we will have to seek damages from your client including attorney’s fees and we will seek sanctions against you as well. Glenn please call me upon review of this letter.

Thank you for your time,

Marvin Jones
President MarvQuin LLC

“Innovation distinguishes between a leader and a follower.” - Steve Jobs

MarvQuin is an innovator in business, technology and community. MarvQuin is a leader in business, technology and community. MarvQuin loves what we do and we are committed to remaining an innovator and leader for a long time to come.

Steve Jobs is an extremely intelligent individual who has been a perennial pioneer in his field. On the eve of the launch of the Iphone and the continuing success of the Ipod, as well as the success of Apple, NeXT and Pixar, very few individuals have brought the immense value that Jobs has brought to the world. Jobs is an innovator and Jobs most certainly is a leader.

Today, MarvQuin continued to make great progress in our innovation where we seek to take the lead in a new and fully undeveloped technology. More to come soon.

Time in the Day

MarvQuin seeks to utilize efficient, time management skills to bring revolutionary innovation to the world. Despite our intentions, there never feels like there is enough time in the day. As we wind down another fourteen hour work day, we look forward to what tomorrow may bring.

Currently, we are making big steps to bring to fruition an innovative vision that we have collectively shared for many months. Significant progress is being made and we are excited about the project's future. Other than that, MarvQuin spent the day building out our various community sites.

MarvQuin is Value

“Try not to become a man of success, but rather try to become a man of value.” - Albert Einstein

MarvQuin is value. Value to our users, value to our community and value to our personal lives, friends and family. As we continue to move forward and make progress we create great value in each step we take. We are a company of value and we always will be.

Today MarvQuin was further focused on the build out of GunsLot.com, MyOneBaby.com, and CelebRoad.com as these websites though dynamic and spectacular have a long road ahead.

Tomorrow MarQuin, takes another large step in our attempt to challenge another internet behemoth and innovate the internet and mobile phone convergence. We look forward to taking significant steps this week to create even greater value to our many valued community users.

Need and Struggle!

“Need and struggle are what excite and inspire us.” - William James

MarvQuin is about fulfilling needs and enduring the necessary struggle to professionally and expeditiously fill those needs. We have undertaken the task of developing eight full community and e-commerce websites and an additional enormous undertaking because their is a strong need for these websites and opportunities in the market place and our struggle will get us there. We are inspired everyday and thus able to spend as much time as is necessary in accomplishing our goals.

Today was another day of struggle. CelebRoad.com received the majority of the attention and made some tremendous strides. Celeb Road is slightly less than a week old however has the build and content of sites that are many months if not years old and built by expansive staffs.

Our sites continue to amass members and gain traffic however our company is a little over seven weeks young! We have a long struggle ahead of us but we will satisfy the needs of the world because MarvQuin is excited and inspired every day all day by Need and Struggle!

Celebroad.com

MarvQuin is proud to introduce CelebRoad.com. CelebRoad.com will serve as MarvQuin's online people, models, and celebrity resource and community. We at MarvQuin continue to inundate ourselves with quality projects. We view the web as the world and each site as a specific piece of real estate on which we will build a quality palace for all of our users. We will continue to roll out new features for all of our web communities and we encourage you to come, join, comment and interact anytime.

Day by Day by

Day by Day and Step by Step are mottos frequently recited within the company. Quality takes time to build and we are in this for the long run. Today we continued our progress with our community websites and our new opportunity which currently we plan on launching June 18, 2007. This will be a "soft" launch similar to a testing or beta phase.

We pride ourselves at MarvQuin on hard quality work and seek to take advantage of each day. Our sites continue to come together step by step and day by day. Tomorrow will bring more hard work and challenges however we look forward to it with the same zeal that we first began with.

Attacking Opportunties

MarvQuin was created to achieve a collective vision. Tomorrow we will continue on that path as we seek to establish a relationship with a key partner that could lead to a revolutionary innovation. We are excited about this opportunity, just as we are excited to work on any and all of our 12 and growing community websites. We look forward to improving your way of life and bringing you closer to the people who share similar interests as yourself through the mobile phone and the world wide web.