Terms and Conditions
Our site and its contents, including without limitation all site design, text, graphics, logos, buttons, images, audio and video clips, and the selection and arrangement of all of the foregoing, is the property of our Company (© 2006-2010 MANAGEtoWIN, Inc. All Worldwide Rights Reserved.), or our licensors, and is protected by U.S. and international copyright laws. The content may be used for the sole purpose of taking advantage of our many services, except for downloadable items that are offered in writing for your business use. Any other use of the content, including without limitation the reproduction, modification, distribution or transmission is prohibited.
From time to time you may post content to our site. In doing so, you represent to our Company that your posting of such content does not violate another person's or entities' copyright, and you grant to our Company a worldwide, perpetual license to utilize such content via any and all means and media (whether now existing or hereafter developed), in our Company’s sole discretion. In the event that you elect to submit ideas, creative suggestions or other materials to us, all such submissions shall be exclusively owned by our Company, and we shall be entitled to the unrestricted use of such submissions, without any compensation to you or any other party unless otherwise confirmed in advance in writing and signed by our CEO.
“MANAGEtoWIN” and our logos are all service marks of our Company. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these marks in any way without our Company's prior written permission. Use of our Company's marks on any other web site without our Company’s prior written consent is prohibited. All other trademarks, trade names, and service marks displayed on our site are owned by their respective owners.
You may link your website to www.MANAGEtoWIN.com. Our Company is not responsible for the content on any linked site or for any link on any linked site.
You are prohibited from transmitting through or posting on our site any unlawful, profane, hateful, harmful, threatening, abusive, harassing, obscene, vulgar, defamatory, racially, ethnically or otherwise objectionable material of any kind, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. All determinations regarding the removal of such material shall be made in our Company's sole discretion.
You agree that you will not use our site or services for chain letters, junk mail, "spamming," or commercial activities of any kind, unless specifically and expressly permitted by our Company.
Our Company's Rights
In addition to any other rights that our Company may have at law or in equity, our Company may elect to monitor any areas of our site, and disclose any content or communication of any kind: (i) to satisfy any law, regulation or government request; or (ii) to protect the rights or property of our Company, its sponsors, providers, merchants, licensors and customers. Our Company is not obligated or responsible for screening, policing, editing or monitoring any areas of our site.
If notified of any allegedly infringing, defamatory, damaging, illegal, or offensive content on our site, our Company may remove such content in its sole discretion, although our Company has no obligation to do so. Our Company reserves the right to prohibit any conduct or communications which our Company, in its sole discretion, deems to be inappropriate or harmful, although our Company has no obligation to do so.
Our Company may, without notice, terminate or suspend a user's access to all or any portion of our site, if our Company believes in its sole discretion that such user's conduct is inappropriate, violates any applicable law, or harms or is potentially harmful to any other user or third party.
We reserve the right to cancel any order at any time prior to shipment. Our Company reserves the right, without notice and in its sole discretion, to limit order quantity on any item or refuse service to any customer. Price and availability information is subject to change without notice.
THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON OUR SITE ARE PROVIDED ON AN "AS IS" BASIS AND OUR COMPANY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT THAT SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS WILL BE ERROR FREE, CURRENT, ACCURATE, RELIABLE OR FREE FROM DEFECTS OR COMPUTER VIRUSES. Note: Some jurisdictions may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
Our Company resources are provided for informational purposes only and should not be construed as legal advice. If legal or other expert assistance is required, the services of a competent professional person should be sought.
OUR COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR SITE OR SERVICES (INCLUDING WITHOUT LIMITATION THE PURCHASE OR USE OF PRODUCTS FROM OUR SITE). UNLESS DISALLOWED BY STATE LAW, OUR COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF OUR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.
The laws of the state of California govern any claim relating to our web site and the materials contained on the web site, without reference to its conflicts of law rules. You agree that any controversy or claim arising out of or relating to the interpretation or enforcement of these Terms of Service, or the breach thereof, shall be settled by binding arbitration (such as JAMS/Endispute or another private arbitrator or service, but specifically excluding the American Arbitration Association). Venue for any arbitration shall be in a United States city selected solely by MANAGEtoWIN. In the event of a dispute regarding the enforcement or interpretation of these Terms of Service, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred from the inception of the dispute.