Man Inc Terms Of Service

Please read these Terms of Service (collectively with Man Inc's Privacy Policy, the "Terms of Service") fully and carefully before using www.maninc.com (the "Site") and the services, features, credits, applications, promotions, content, or products offered by Man Lifestyles, Inc. and its affiliates ("we", "us", "our" or "Man Inc") (together with the Site and the Application (as defined below), the "Services") in the United States. If you are using the Services outside of the United States, a location-specific set of terms may apply to you instead. These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services and your purchase of the subscriptions and products sold through the Services.

AGREEMENT
-By registering for and/or using the Services in any manner, including, but not limited to, visiting, browsing or making purchases through the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site or through the Services by us, each of which is incorporated by reference and each of which may be updated by us from time to time. If you do not accept these Terms of Service, you are not permitted to, and you must not, access or use the Services or purchase subscriptions or products from us. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
- Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. IF YOU HAVE SIGNED UP FOR A MAN INC MEMBERSHIP PLAN OR OTHER AUTOMATICALLY RENEWING SUBSCRIPTION SERVICE, PLEASE READ THE "AUTO-RENEWALS AND RECURRING BILLING FOR MEMBERSHIP PLANS AND OTHER SUBSCRIPTION SERVICES" SECTION BELOW.
- These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users. We have a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated by reference into these Terms of Service.
- ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "DISPUTES" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

ELIGIBILITY
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOUR USE OF THE WEBSITE OR SERVICES DOES NOT VIOLATE ANY APPLICABLE LAW OR REGULATION AND THAT YOU ARE AT LEAST 18 YEARS OLD, OR IF YOU ARE UNDER 18 YEARS OF AGE BUT ARE AT LEAST 13 YEARS OLD, THAT YOU ARE USING THE SERVICES WITH THE CONSENT AND PERMISSION OF YOUR PARENT OR LEGAL GUARDIAN. If you are under 18 years of age and have not received such permission from your parent or legal guardian, you may not, under any circumstances, use the Services. We can, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are exclusively responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

REGISTRATION
To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and comprehensive information and keep your Account information updated. You shall not: (a) select or use an email address of another person with the intent to impersonate that person; (b) use an email address subject to any rights of a person other than you without appropriate authorization, or ( c) use an email address that is offensive, or vulgar. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or email address information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including, but not limited to, any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

CONTENT
For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, videos, audio clips, videos, artwork, interfaces, illustrations, products, photographs written posts and comments, software, scripts, interactive features, graphics and other content generated, provided or otherwise made accessible on or through the Services. While we try to make sure that all Content contained in the Services (other than any user-generated content, if applicable) is correct, it is not intended to amount to consultant or advice on which reliance should be placed. Information made available through the Services is NOT a substitute for information from experts or professionals in the appropriate area. You acknowledge that all Content accessed by you while using the Services is at your own risk and you will be exclusively responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

NOTICES AND RESTRICTIONS
The Services may contain Content specifically provided by our partners or us and trade secrets, copyrights, trademarks, service marks, patents, or other proprietary rights and laws protect such Content. You shall abide by and maintain all copyright notices, information and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services as contemplated by us and these Terms of Service is expressly prohibited without prior written permission from us.
Man Inc, ManInc, Man Inc Skin, M and other Man Inc trademarks, DBA's, graphics and logos used in connection with the Services are trademarks of Man Inc (collectively "Man Inc Marks"). Other trademarks, service marks, graphics and logos used in connection with the Services are the trademarks of their respective owners (collectively "Third-Party Marks"). The Man Inc Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of Man Inc or the applicable trademark holder.

USE LICENSE
The Content, as well as the design, structure, selection, coordination, branding "visual aesthetic" and arrangement of the Services, are owned, controlled, and licensed by Man Inc or its licensors unless otherwise indicated. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services.

AVAILABILITY OF CONTENT
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right, but do not have any responsibility, to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.

USER CONTENT
Any Content that is submitted to us or to the Services by users, or otherwise added, uploaded, distributed or posted to the Services, whether publicly or privately transmitted, including, without limitation, product reviews, survey responses, and comments ("User Content"), is the sole responsibility of the person who originated such User Content. User Content also includes Content provided by users through third-party services such as a user's social media account (e.g., Facebook, Instagram, Twitter, Pinterest, etc.) if such Content mentions, tags or otherwise interacts with Man Inc, the Services or any of our products or services. You represent that all User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules, and regulations. User Content that you submit must not: (i) contain any content that infringes intellectual property rights, data protection or privacy rights of an individual; (ii) be defamatory or threatening; (iii) impersonate any person or entity; (iv) contain unauthorized advertising; or (v) transmit or distribute any virus and/or other code that has contaminating or destructive elements. We make no representations, warranties or guarantees with respect to any User Content that you access on or through the Services.
BY SUBMITTING USER CONTENT THROUGH THE SERVICES, YOU HEARBY GRAND US A WORLDWIDE, IRREVOCABLE, NON-EXCLUSIVE, PERPETUAL, SUB-LICENSABLE, FULLY PAID, ROYALTY-FREE LICENSE AND RIGHT TO USE, COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY AND PERFORM (THROUGH ALL MEDIA CURRENTLY USED AND KNOWN, OR HEREAFTER DEVELOPED AND USED), MODIFY, EDIT AND MAKE DERIVAT IVE WORKS FROM YOUR USER CONTENT (INCLUDING BUT NOT LIMITED TO YOUR NAME AND LIKENESS, PHOTOGRAPHERS AND TESTIMONIALS) FOR ANY PURPOSE WHATSOEVER, COMMERCIAL OR OTHERWISE WITHOUT COMPENSATION TO YOU.
You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to reproduce, use, edit, modify, distribute, prepare derived works of, display and perform such User Content, including after your termination of your Account or the Services. In addition, you waive any so-called "moral rights" or rights of privacy or publicity in your User Content. For clarity, the preceding license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including, without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.
We shall solely own any feedback, reviews, comments, suggestions or recommendations for modifications, improvements or changes to the Services that you provide to us (including all intellectual property rights therein and thereto). You hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.

RULES OF CONDUCT
As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms of Service. You are accountable for all of your activity in connection with the Services.
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') organization; (ii) circumvent or attempt to avoid any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iii ) run any form of "spam "on the Services; (iv) use manual or automated software, devices or other processes to "spider" any page of the Site; (v) harvest or scrape any Content from the Services; (vi) distribute information you know is false, misleading, unlawful or inaccurate; (vii) upload any software viruses or any other computer codes, files or programs that are designed or intended to disturb, damage, or interfere with the proper function of any software, hardware, or telecommunications equipment or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (viii) otherwise take any action in violation of our guidelines and policies.
You shall not (directly or indirectly): (i) decipher, disassemble, reverse engineer or otherwise attempt to originate any code or underlying ideas or algorithms of any part of the Services (including, without limitation, any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws, and regulations.
We also reserve the right to access, read, preserve and disclose any information or content as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including, without limitation, the investigation of potential violations hereof; (iii) detect, prevent or address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to misuse, resell or distribute such products for any purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

PAID SERVICES AND TERMS OF SALE
Certain of our Services, including the purchase of any products and/or subscriptions (such as membership plans) offered by us, may be subject to payments now or in the future (the "Paid Services"), which in certain cases may include recurring, automatically renewing payment obligations (as further described in the "AUTO-RENEWALS AND RECURRING BILLING FOR MEMBERSHIP PLANS AND OTHER SUBSCRIPTION SERVICES" section below). Please see our FAQ for a description of the current Paid Services, shipping terms, and cancellation and refund policies.
You may place an order for Paid Services at any time (subject to any planned or unplanned downtime and stock availability). You may check and correct any input errors in your order up until the point at which you complete your order to us by clicking the "Submit Purchase" button on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms of Service, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us. Your order will not be considered accepted until we have received full payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Unless otherwise stated at the time you place your order, title and risk of loss pass to you upon delivery to the shipping address you specified when you placed the order, provided full payment of all sums due in respect of the product(s), including any delivery charges, has been received. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms of Service.
Our products and services, including, without limitation, our Paid Services, are for your personal, non-commercial use, and once delivered to you may not be resold, redistributed, exported or used for any other commercial purpose. Our products are solely intended for your personal use, upon purchase. The rights you have under these Terms of Service are personal to you and are non-transferable.
Please note that we cannot offer refunds, exchanges or customer service for products that have been acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay or similar online marketplaces. WE CAN ONLY OFFER REFUNDS ON PURCHASES MADE DIRECTLY THROUGH WWW.MANINC.COM

BILLING
We use a third-party payment processor, Authorize.net (the "Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Account") for the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. More information is available in our Privacy Policy. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

PAYMENT METHOD
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or another provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

IMPORTANT:
AUTO-RENEWALS AND RECURRING BILLING FOR MEMBERSHIP PLANS AND OTHER SUBSCRIPTION SERVICES
Some of the Paid Services, such as the purchase of auto-replenishing products in a subscription plan, may consist of an initial period for which there is a one-time charge, followed by recurring periodic charges as agreed to by you when you sign up for such auto-replacing products ("Membership Services"). The Membership Plan gives you the ability to specify how regularly you would like to order any auto-replacing products. Unless you opt out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.
To change or cancel your Subscription Services at any time, go to your Account, or email us at contact@maninc.com. If you terminate a Membership Plan, your subscription will not be renewed after your then-current subscription term expires.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION / MEMBERSHIP PLAN OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT THE EMAIL ADDRESS PROVIDED ABOVE.

CURRENT INFORMATION REQUIRED
You must provide current, complete and accurate information for your Billing Account. You must keep your Billing Account current and update it promptly as needed to remain complete and accurate (such as a change in billing address, credit card number or credit card expiration date), and you must promptly notify our Payment Processor or us if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your username or password. Changes to such information can be made on your Account. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

CHANGE IN AMOUNT AUTHORIZED
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage or as otherwise described when you initially selected to use the Paid Service.

PROMOTIONS, DISCOUNTS, AND FREE TRIALS
Any free trial or other promotion/discount that provides access to a Paid Service (a "Trial Offer") must be used within the specified time of the Trial Offer. You will be required to have a valid Payment Method on file in order to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us contact@maninc.com. Trial Offers are one-time only for new customers and are limited to one per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer. Any such additional terms and limitations are deemed part of these Terms of Service.

TERMINATION
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective instantly, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by logging into your Account to terminate your account and end the membership plan. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.

WARRANTY DISCLAIMER AND RELEASE
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Services, or how you may interpret or use the Content. You release us and our officers, directors, and employees from all liability arising out of or relating to your having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or legality of material or Content contained in or accessed through the Services.
You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. "TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE LIABILITY OF MAN INC AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND SUPPLIERS AND MANUFACTURERS ARE LIMITED. THE MENTIONED DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS AND NEEDS TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAN INC, ITS LICENSORS, SUPPLIERS, OR MANUFACTURERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, DISTRESS, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO MAN INC OR ITS MANUFACTURERS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF MAN INC AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL NOT EXCEED THE LESSER OF (A) PRICE YOU PAID TO MAN INC FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY OR (B) $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN MAN INC AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00. THESE LIMITATIONS WILL ONLY APPLY TO THE EXTENT PERMITTED BY LAW AND DO NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM OUR ACTS OR OMISSIONS OR TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

INDEMNIFICATION
You shall defend, indemnify and hold harmless us and our employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

DISPUTES
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION; WAIVER OF TRIAL BY JURY. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. ("JAMS") RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER REASONABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE OBTAINABLE IN ARBITRATION.
Small Claims Court; Class Action Waiver. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if such claim is within such court's jurisdiction unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding.
Procedures. These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and fifty (150) days of filing the case, then either you or we can elect to have the arbitration administered by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.
30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the "Governing Law and Jurisdiction" section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you agree that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us. If any of the prohibitions against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Disputes section will be null and void. This Disputes section, including, without limitation, the arbitration agreement and class action waivers contained herein, will survive the termination of your relationship with us.

GOVERNING LAW AND JURISDICTION
Subject to the Disputes section above, these Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the laws of the United States of America. SUBJECT TO THE DISPUTE SECTION ABOVE, THE PROPER VENUE FOR ANY DISPUTE ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE SHALL BE GOVERNED BY THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURT OF KING COUNTY, WASHINGTON.

MODIFICATION
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend or discontinue the Services, in whole or in part, (including, without limitation, the disposal of any feature, database or content) at any time by posting a notice on the Site or by sending you notice through the Services, or via e-mail. We may also execute limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will use commercially reasonable efforts to provide notice of modifications timely, it is also your responsibility to check these Terms of Service periodically for changes. Subject to the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

MISCELLANEOUS

ENTIRE AGREEMENT AND SEVERABILITY
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site and the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

FORCE MAJEURE
We shall not be liable for any failure to perform our responsibilities hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, automated, or communications failure.

ASSIGNMENT
These Terms of Service are not transferable or sublicensable by you except with our written consent as they are personal to you. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

DISCOUNT CODES
Discount codes have no cash value and cannot be redeemable for cash and/or credit and cannot be combined with any other offers. Discounts are limited to one per customer for the duration of the discount promotion period. Discount codes have an expiration date and are no longer valid for use after their expiration date. The unlawful and unauthorized reproduction, resale, alteration or trade of discount codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Man Inc reserves the right to change or limit discount codes in its sole discretion.

AGENCY
Man Inc does not have fiduciary or a special relationship to you. No agency, partnership, joint venture or employment relationship is created as a result of these Terms of Service, and neither you nor Man Inc has any authority of any kind to bind the other in any respect.

NOTICES
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given: (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or (iii) the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to contact@maninc.com.

NO WAIVER
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

INTERPRETATION
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their understanding. Any use of the words "including," "for example" or "such as" in these Terms of Service shall be delivered as being followed by "without limitation" where appropriate.

CONTACT
You may contact us at
249 Main Ave South Suite 107, PMB 114
North Bend, WA 98045, USA
contact@maninc.com

EFFECTIVE DATE OF TERMS OF SERVICE:
October 20th, 2018
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