Mancan, Inc. Website Terms of Use
Welcome to the Mancan, Inc. (“Mancan”) website (“Site”). Throughout this document, "Mancan," "we," "us" and "our" refer to Mancan and its affiliates along with their directors, officers, owners, employees, agents, independent contractors and representatives. “User,” “you” and “your” refer to anyone accessing the Site. Your use of this Site is subject to the following terms and conditions ("Terms of Use"), which you affirmatively accept by using the Site.
We reserve the right to modify the contents of the Site at any time, these Terms of Use, and/or any policy or notice posted on the Site. You agree to monitor the Site for any changes and that the continued use of the Site following the posting of any changes signals your understanding of and agreement to such changes.
THIS AGREEMENT GOVERNS YOUR USE OF THE SITE AND THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THE SITE. IT EXEMPTS MANCAN AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
EACH TIME YOU USE THE SITE, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. THEREFORE, EACH TIME YOU USE THE SITE, YOU SHOULD CHECK THE DATE OF THESE TERMS WHICH APPEAR AT THE TOP OF THIS AGREEMENT AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
Accuracy, Completeness and Timeliness of Information
The information and features on the Site are not intended to and do not constitute binding offers of employment of any kind. Mancan expressly states that it does not represent or warrant in any manner that job opportunities posted on the Site are currently available. Likewise, Mancan cannot guarantee that the information and content presented is entirely accurate, complete, timely, or authentic. Mancan does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information included on the Site. Mancan reserves the right, without prior notice, to discontinue services, remove or alter content, or retract positions at any time.
Authority to Accept Terms of Use
Each time you use the Site, you signify your agreement to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use. You may not use the Site if you do not agree with each provision of these Terms of Use, or you are not authorized to agree to and accept these Terms of Use. You also affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.
Use of the Site
All content included on the Site, including but not limited to text, design, graphics, logos, icons, images, audio clips, downloads, interfaces and code, and software, any intellectual property held by Mancan, are the exclusive property of Mancan, its affiliates, its licensors and/or its content providers and is protected by copyright, registered trademark, and other applicable laws. The copying, downloading and/or printing of information and/or material included on the Site, other than as otherwise expressly permitted by Mancan, is for User's personal and noncommercial use only and is conditioned on User's prohibition from modifying or deleting any copyright, registered trademark or other proprietary notice that appears on the information and/or material accessed, copied, downloaded or printed from the Site. Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, is expressly prohibited. Mancan reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice.
User hereby acknowledges responsibility for any information submitted via the Site, including the legality, reliability, and copyright of any such information. Content that: (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, illegal or otherwise objectionable in the sole discretion of Mancan, (ii) constitutes or encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violations of any law, or (iii) contains software viruses, or any form of "spam" may not be uploaded to, distributed or otherwise published through the Site. Users are expressly restricted from providing false e-mail address or other personally identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content, their identity, or their education, background and job qualifications. All communications you submit through the Site or e-mail must be true, accurate and complete. Mancan will rely upon the truth, accuracy and completeness of the communications you submit through the Site. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Mancan, you will be liable for any loss, damage or additional costs that you, Mancan, or other persons may incur as a result.
You authorize Mancan to: (a) accept communications that they receive from you by means of the Site or e-mail as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Mancan workers by means of the Site, e-mail or other communications; and (c) respond to your communications by means of Internet communications, e-mail or other communications. Communications you send to Mancan by means of the Site or e-mail are not effective unless and until they are processed by the responsible Mancan representative.
Links
The Site may contain links to other websites which are provided only as a convenience and as an additional means of access to the information contained therein. Mancan is not responsible for the content of any other websites, information, products or services that may be offered through any of these other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites and different terms and conditions may apply to the use of any linked websites.
Intellectual Property
Mancan's intellectual property, including trademarks, logos, and service marks as displayed on the Site are registered and unregistered trademarks of Mancan, its affiliates, its licensors, its content providers, and other third parties. Nothing on the Site shall be construed as granting any license or right to use any trademark, logo, or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. Mancan reserves all rights not expressly granted in and to the Site and its content.
System Security
We operate secure data networks protected by industry standard security protection systems. Our security and privacy policies are periodically reviewed and enhanced, as we believe is necessary from time to time. However, the system service and our servers, as most internet applications, are vulnerable to various security issues and hence should be considered unsecured. Data and information sent using the system may be subject to privacy and security invading activities including, but not limited to, eavesdropping, electronic trespassing, sniffing, spamming, nuking, hacking, spoofing, imposture, breaking passwords, harassment, fraud, forgery and system contamination, use of viruses, worms and Trojan horses, causing unauthorized, damaging harmful access and/or retrieval of information and data on your computer and other forms and activities that may even be considered unlawful. We are doing our best to prevent such invasions from happening but we will not be responsible for any damage or harm caused as a result of such actions.
YOU ARE ESPECIALLY ADVISED AGAINST USING THE SYSTEM OR ANY PART THEREOF, WITH "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND INFORMATION. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE FREELY ACCESSIBLE AND GENERALLY AVAILABLE TO INTERNET USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
Disclaimers
BY ACCESSING THIS SITE, USER ASSUMES THE SOLE RISK OF SUCH ACCESS. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MANCAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. EACH USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THIS SITE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. MANCAN WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY MANCAN TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY MANCAN IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO MANCAN BY MEANS OF THE SITE OR E-MAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SITE OR E-MAIL SERVICES.
Limitation of Liability
MANCAN MAKES THE SITE AVAILABLE FREE OF CHARGE AND USER HEREBY ACKNOWLEDGES THAT ANY INFORMATION SENT OR RECEIVED DURING USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. USER UNDERSTANDS AND ACKNOWLEDGES THAT USE OF THE SITE IS AT HIS/HER SOLE RISK; MANCAN, ITS AFFILIATES OR BUSINESS PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF MANCAN OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USERS OF THE SITE'S SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH MANCAN IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE. USERS OF THE SITE AND MANCAN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX MONTHS (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.
Indemnification
USERS OF THE SITE AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MANCAN AND ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS AND SUPPLIERS, FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OR RESULTING FROM USE OF THE SITE AND ANY VIOLATION OF THESE TERMS OF USE. MANCAN RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION AND, IN SUCH CASE, USERS OF THE SITE AGREE TO COOPERATE WITH MANCAN IN DEFENSE OF SUCH MATTER.
Release
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE AS PERMITTED BY LAW EACH OF MANCAN AND ALL OF ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS AND SUPPLIERS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.
Jurisdiction
The Site is controlled by Mancan from its offices located in the State of Ohio, and the Site has been designed to comply with the laws of the United States. The laws of the State of Ohio govern these Terms of Use and use of the Site. If the Site is accessed from a location outside of the United States, it is done at User's sole risk with the understanding that laws applicable in a foreign location may not be applicable to the Site. Enforcement and/or any action related to enforcement of these Terms of Use are governed by the jurisdiction of courts located in the State of Ohio.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Canton Ohio, United States of America. Notwithstanding the foregoing, you or Mancan may seek injunctive relief from an appropriate court located in Milwaukee, Wisconsin prior to or during the arbitration.
Entire Agreement
These Terms of Use along with any posted policies or operating rules constitute the entire understanding of Mancan and Users and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to the Site. In the event of any inconsistency or conflict between the provisions of these Terms of Use and the provisions of any other agreement that you may have with Mancan (now or in the future), the provisions of these Terms of Use shall govern regarding your access to and use of the Site.
Severability
If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of shall remain in full force.
Assignment
Users may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Mancan, which may be withheld in Mancan's discretion. Mancan may assign this Agreement and its rights and obligations under this Agreement without your consent.
Independent Contractor
You are an independent contractor in relation to Mancan and no agency, partnership, joint venture, employment or other relationship is intended or created by these Terms of Use or your use of the Site.
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