Limitation of Warranties
By using our Website, you understand and agree that all Resources we provide are “as is” and “as available.” Manetane makes no representations, guarantees, or warranties about the suitability, completeness, timeliness, reliability, legality, or accuracy of our Resources available on this website for any purpose, and expressly disclaims (to the fullest extent of the law) all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement.
This means that we do not represent or warrant to you that the:
- Use of our Resources will meet your needs or requirements.
- Use of our Resources will be uninterrupted, timely, secure or free from errors.
- Information obtained by using our Resources will be accurate or reliable, and
- Defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- Any content downloaded or otherwise obtained using our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- No information or advice, whether expressed, implied, oral or written, obtained by you from Manetane or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
Limitation of Liability
To the full extent allowed by applicable law and in conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the lesser of $100 or the amount you paid, if any, for the use or purchase of our products and/or services. Manetane will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using or purchasing our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, whether foreseeable or not, and even if Manetane had been advised of the possibility of such damages.
Your sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of our Website and to seek a refund of the money you paid to us, capped in accordance with the prior paragraph.
You agree to indemnify and hold harmless Manetane and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account; or (ii) your use of our Resources, including our products or services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you shall provide us with such cooperation as is reasonably requested by us. You may not settle any claim covered by this indemnification provision or admit any liability on the part of Manetane without the company’s prior written approval.
All content and materials available on our Website, including but not limited to text, graphics, site name, code, images and logos are the intellectual property of Manetane, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on our Website is strictly prohibited, unless specifically authorized by Manetane.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Website and Resources with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Our Website is controlled by Manetane from our offices located in the State of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our Website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of our Website and the purchase of any products or services through it.
Furthermore, any action to enforce these Terms shall be brought in the federal or state courts located in San Diego, California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
UNLESS OTHERWISE EXPRESSED, MANETANE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Entire Agreement; Severability; No Waiver
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.
Products for Personal Use
The products available on our Website, and any samples we may provide to you, are for personal use only. You may not sell or resell any of the products or samples you purchase or otherwise receive from us. By purchasing any product through us, you agree not to offer the products or samples for resale. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that we believe, in our sole discretion, may result in the violation of these Terms.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your credit card or other approved method of payment will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped.