MANAonline.org Terms and Conditions of Use
The Website of the Manufacturers’ Agents National Association (MANA)

Terms and Conditions

This page states the "Terms and Conditions" under which you may use the website. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this website and service. By using this website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. MANA (Manufacturers’ Agents National Association), the “Association,” may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.

Use of Website Content

The Association authorizes You to view the content available on or from the MANAonline.org website solely for your business use.

The contents of this website, and of all other websites under the Association's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other website content (collectively, "website content"), are protected under both United States and foreign copyright, trademark and other laws. All website content is the property of the Association or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of the Association and protected by U.S. and international copyright laws. Unauthorized use of the website content may violate copyright, trademark, and other laws. You must retain all copyright, trademarks, service-mark and other proprietary notices contained in the original website content on any copy You make of the website content. You may not sell or modify the website content or reproduce, display, publicly perform, distribute, or otherwise use the website content in any way except as provided for in our database license provision. The use of the website content on any other website or in a networked computer environment for any purpose is prohibited without the express written permission of MANA.

You shall not copy or adapt the code that the Association has created the website to generate any website content or the pages making up the MANA Site. It is also protected by the Association's copyright.

Acceptable Website Use

General Rules: Users may not use the website in order to transmit, distribute, store or destroy material, including without limitation website content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Security Rules

Users are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the MANA Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Association will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses

The website may be used only for lawful purposes by industry companies, service providers and individuals engaged in the business of sales, manufacturing, distribution, consulting or services related to the industry. The Association specifically prohibits any use of the website, and all users agree not to use the website, for any of the following:

Posting false or inaccurate biographical information or other information which is not an accurate representation of your company or personal profile.

Posting pyramid schemes or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents.

Deleting or revising any material posted by any other person or entity.

Using any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on this site.

Taking any action which imposes an unreasonable or disproportionately large load on the website's infrastructure.

If You have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the MANA website other than the search engine and search agents available from the Association on such Association website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Association website.

Aggregating, copying or duplicating in any manner any of the website content or information available from any Association website.

Framing of or linking to any of the website content or information available from the MANA website without written permission from an officer of the Association.

Member Area / User Information

When You register for the Member Area of the website, You will be asked to provide a valid email address.  In addition to the terms and conditions that may be set forth in any privacy policy on this website, You understand and agree and understand that the website is a semi-public directory and will disclose to third parties, certain aggregate information contained in your profile. As a member of MANA and being listed in the Online Directory, your e-mail address and/or telephone/fax numbers will be displayed, unless you have chosen to restrict displaying this data. As a MANA member, your fax and email data will be displayed as the default setting. To the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant, the Association may disclose all contained information. The Association reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Association or by third parties.

The Association and the website do not represent or guarantee the truthfulness, accuracy, or reliability of member profiles.

MANA and the website act as a passive conduit for the online distribution and publication of member-submitted profile information and has no obligation to screen communications or information in advance.  If notified by a user of information which allegedly do not conform to these Terms and Conditions, the Association may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the information. The Association has no liability or responsibility to users for performance or nonperformance of such activities. The Association reserves the right to expel users and prevent their further access to the website for violating the Terms and Conditions or the law and the right to remove information which is abusive, illegal, or disruptive. The Association may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Association or may cause the Association to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the website or any other Association website, including message boards, forums, contests and chat rooms, You grant the Association the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the website retains any and all rights that may exist in such content.

We appreciate hearing from our industry members and welcome your comments regarding our services and the Association website. Ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of MANA.  None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Association shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

Member Area Registration and Password

You are responsible for the accuracy and content of your profile information and confidentiality of your password(s). You shall be responsible for all uses of your registration, whether or not authorized by You. You agree to immediately notify the Association of any unauthorized use of your registration or password.

Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe the Copyright or Other Intellectual Property Rights of Others

MANA respects the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner's rights. As a condition to your use of this website, You agree not to use the website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our website of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

MANA’s Liability

The website is only a venue. The website acts as a venue for industry members to post a profile in the directory and does not screen or censor the profiles offered. MANA is not responsible for the actual transactions between industry directory listings and users.  As a result, the Association has no control over the quality, safety or legality of the profiles posted, or the truth or accuracy of the listings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the website.

Because user authentication on the Internet is difficult, MANA cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Association Site, in the event that You have a dispute with one or more users, You release the Association (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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. If You are a California resident, You waive California Civil Code d1542, which says: "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."

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the website and/or the other Association Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using this website and/or the other websites linked to the MANA website.

The website content may contain inaccuracies or typographical errors. MANA makes no representations about the accuracy, reliability, completeness, or timeliness of any Association website or the website content. The use of the website and the website content is at your own risk. Changes are periodically made to the website and may be made at any time.

You acknowledge and agree that You are solely responsible for the content and accuracy of any profile or material contained therein by You on the website. Profile owners are solely responsible for their postings on the website.

MANA DOES NOT WARRANT THAT ANY OF MANA’S WEBSITE WILL OPERATE ERROR-FREE OR THAT ANY THE ASSOCIATION’S WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY OF MANA’S WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE ASSOCIATION IS NOT RESPONSIBLE FOR THOSE COSTS. THE ASSOCIATION WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE ASSOCIATION, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MANA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages.

IN NO EVENT SHALL MANA, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY OF THE ASSOCIATION’S WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY OF THE ASSOCIATION’S WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MANA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites
 
The website contains links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by MANA of the contents on such third-party websites. The Association is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If You decide to access linked third party websites, You do so at your own risk.

No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the website.

LIMITATION OF LIABILITY

THE ASSOCIATION'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY THE ASSOCIATION SITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Termination

MANA reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from this website and immediate termination of your registration with or ability to access this or any other service provided to You by the Association, upon any breach by You of these Terms and Conditions, or if the Association is unable to verify or authenticate any information You submit to the website or website registration.

Indemnity

You agree to defend, indemnify, and hold harmless the Association, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material You provide to MANA’s website, (ii) any website content that You use or (iii) your breach of the terms of these Terms and Conditions. The Association shall provide notice to You promptly of any such claim, suit, or proceeding and shall assist You, at your expense, in defending any such claim, suit or proceeding.

General

The Association makes no claims that the website content may be lawfully viewed or accessed outside of the United States. Access to the website content may not be legal by certain persons or in certain countries. If You access the website from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within California.  If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the website, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between You and the Association with respect to the use of website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Additional Terms of Use

Certain areas of the website are subject to additional terms of use as described herein. By using such areas, or any part thereof, You agree to be bound by the terms of use applicable to such areas as described in this “Terms and Conditions of Use” document.