By accessing this Web site, you are agreeing to be bound by these Web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Web site are protected by applicable copyright and trademark law.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Manatee Works, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The Site, including all content, graphics, audio, video, pictures, trademarks, service marks, logos and other material on the Service, and its underlying software (the “Software”), algorithms, databases, look and feel and arrangement, are the intellectual property of Manatee Works, subject to copyright, trademark and other intellectual property protections. All rights in and to our Site and the Software not expressly granted herein are reserved by us.You may download material from our web Site, for your own personal, non-commercial use only. All copyright notices and other identifying information should not be removed from downloaded materials. You may not download material from our web Site for any other purpose without our prior written consent.
The trademarks and logos displayed on our web site are registered and unregistered trademarks of Manatee Works, Inc., unless otherwise noted. Nothing contained in our web site should be construed as granting any license or right to use these trademarks or logos.
THE SITE AND THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" WHERE IS" BASIS. WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE, SOFTWARE, ITS CONTENT OR ANY LESSONS OFFFERED OR CONDUCTED THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT OF ANY THIRD PARTIES' INTELLECTUAL PROPERTY RIGHTS. MANATEE WORKS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ROBUSTNESS, SECURITY OR COMPLETENESS OF THE SERVICE, THE SOFTWARE OR ITS CONTENT, OR OTHERWISE. WE MAKE NO WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY OR RELIABILITY OF THE SERVICE OR THAT THE SERVICE WILL BE ACCESSIBLE AT ANY SPECIFIC TIME.
IN NO EVENT SHALL MANATEE WORKS, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY MATERIALS ON THE SITE, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT OR OTHERWISE, AND EVEN IF MANATEE WORKS OR A MANATEE WORKS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING, SHOULD HAVE KNOWN OR WAS FOREWARNED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
The materials appearing on Manatee Works Web site could include technical, typographical, or photographic errors. Manatee Works, Inc. does not warrant that any of the materials on its Web site are accurate, complete, or current. Manatee Works may make changes to the materials contained on its Web site at any time without notice. Manatee Works does not, however, make any commitment to update the materials.
From time to time, we may provide information regarding or links to other websites, resources or products (“Third Party Sites and Products”). Such information or link is provided only for your convenience. Manatee Works does not qualify, endorse, investigate or approve any Third Party Sites and Products and is not responsible for the availability, security, safety or quality of such Third Party Sites or Products. You are solely responsible for ensuring that any such Third Party Sites and Products meet your needs. In no event will we be responsible or liable for any information, services or products provided by such Third Party Sites or for their failure to provide any such information, services or products to you. We have no control over, and assume no responsibility for, the content, privacy policies, products, services or practices of any third party websites. You should review such site’s privacy and return/refund policies before providing any personal information or purchasing products or services from such sites. In addition, we will not and cannot censor or edit the content of any third-party site.
Any claim relating to Manatee Works’ Web site shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions.
Manatee Works has no obligation to provide upgrades, updates, support or maintenance for the Site or Software; provided, however, that we do reserve the right to make such upgrades and in such event the Site may be unavailable for support and maintenance purposes. In addition, the Site may be unavailable from time to time due to mechanical, technical, software, hardware or third-party vendor failures, updating or construction. Manatee Works, Inc. cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
Suggestions and Feedback. You understand and agree that any ideas or suggestions for improvements to the service, including without limitation, enhancements, new functionality, or concepts, shall be owned by Manatee Works. We shall have the right to use any such ideas or suggestions in its sole discretion and with no payment or consideration to you.
Assignment. You may not assign your rights hereunder. We can assign our rights hereunder at any time without restriction.
Notices. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
ALL NOTICES AND REQUESTS FOR ARBITRATION SHALL BE MADE IN COMPLIANCE WITH THE RULES SET FORTH BY THE AAA. IN THE EVENT THAT ANY PARTY TO THIS AGREEMENT DESIRES TO SEEK ARBITRATION, IN ADDITION TO COMPLIANCE WITH THE RULES SET FORTH BY THE AAA, THE PARTY REQUESTING ARBITRATION SHALL GIVE WRITTEN NOTICE TO THE OTHER PARTY AT LEAST TEN (10) DAYS PRIOR TO FILING ITS REQUEST WITH THE AAA. THIS NOTICE SHALL SET FORTH THE NATURE OF THE DISPUTE, THE AMOUNT INVOLVED (IF ANY), AND THE REMEDY SOUGHT.
YOU AND WE AGREE THAT ANY CLAIM SHALL BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, THEREBY WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION RELATING IN ANY WAY TO A DISPUTE.
THE PARTIES UNDERSTAND THAT ARBITRATION IS FINAL AND BINDING ON THE PARTIES. THE PARTIES FURTHER UNDERSTAND THAT BY SIGNING THIS AGREEMENT THEY ARE WAIVING THEIR RIGHT TO SEEK REMEDIES IN COURT, INCLUDING THE RIGHT TO A JURY TRIAL. NOTWITHSTANDING THIS PROVISION, THE PARTIES AGREE THAT MANATEE WORKS MAY SEEK IMMEDIATE INJUNCTIVE RELIEF IN ANY COURT HAVING JURISDICTION OVER THE SUBJECT MATTER OR PERSONS FOR WHICH RELIEF IS SOUGHT. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR(S) MUST BE ENTERED AND CONFIRMED EXCLUSIVELY IN ANY COURT HAVING JURISDICTION.
ALL AWARDS SHALL BE MADE IN CONFORMITY WITH THE AAA RULES AND THE PARTIES UNDERSTAND THAT THE ARBITRATOR(S) MAY AWARD MONETARY DAMAGES AND ARE AUTHORIZED TO GRANT PRE-AWARD AND POST-AWARD INTEREST AT COMMERCIAL RATES ON ANY MONETARY AWARD. ANY SUCH AWARDS SHALL BE SUBJECT THE LIMITATION OF LIABILITIES SET FORTH HEREIN.
You consent and submit to the sole jurisdiction and venue of the state or federal courts of the state of North Carolina.
Manatee Works, Inc.
207 New Market Ctr, #160
Boone, NC 28607