Terms of Use

Last Updated: January 22, 2024

By accessing and using our website, mobile apps, services, and any other online or offline services and products we offer (collectively referred to herein interchangeably as our “Services” and our “Website” for ease of reference), you agree to comply with and be bound by the following terms of use (the “Terms”). If you do not agree with these Terms, you are not authorized to use our Website, which refers to all of our websites, mobile apps, services, and products. By using our Website, you acknowledge that you have read, understood, and agreed to these Terms.

THESE TERMS EXEMPT US AND OTHER PERSONS AND AFFILIATES FROM LIABILITY OR LIMITS OUR OR THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS, LIKE A CLASS ACTION WAIVER, THAT YOU SHOULD READ.

1. Acceptance of Terms
   
   

   By using our Website, you:

   • agree to these Terms and our Privacy Policy, which is incorporated into and forms a part of these Terms, as well as any amendment or modifications to them;
   • agree to any terms presented to you by our service providers or other third parties if linked to our Website;
   • represent and warrant that you are at least 18 years of age and have the capacity to enter into binding obligations;
   • agree you will provide only truthful, accurate, current, and complete information on our Website;
   • agree that all content provided by us on or through our Website is for informational purposes only and does not constitute professional advice or consulting services, and that such content may not be relied upon as if it were professional advice or consulting services; and
   • agree that information you provide us may be used to enhance our Website, which includes, but is not limited to, using artificial intelligence tools in every aspect of our Services or otherwise.
   
   

   We may update these Terms and other policies from time to time without notice. It is your responsibility to review these Terms and our other policies periodically. We may change or discontinue our Website at any time, without notice. We may suspend your access to or use of our Website, in whole or in part, for any reason at any time, including for scheduled maintenance, to address any emergency security concerns, and if you violate any of our policies.

2. Description of Services
   
   

   We offer our Services for free. Our Services are provided on an as-is basis and are subject to change without notice. We reserve the right to terminate the Services at any time. Some of the content on our Website or that you may obtain through our Services may be generated using artificial intelligence tools. We do not guarantee the accuracy, completeness, or usefulness of the information provided.

3. Intellectual Property
   
   

   Our Website and all content and materials contained on our Website, including but not limited to text, graphics, logos, icons, images, audio, video, software, updates, adaptations, customizations, source code, derivative works, and artificial intelligence prompts, tools, results, and information are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, modify, publish, post, transmit, distribute, transfer, decompile, or create derivative works of our Website, any of our Services, or any materials or content contained on our Website or in any of our Services without our prior express written consent. You may not use any data mining, robots, or similar data gathering or extraction methods, or reverse engineer, reverse assemble, disassemble, or decompile our Website or Services or any part thereof or otherwise attempt to discover any source code or artificial intelligence prompts or tools. All rights not expressly granted to you in these Terms are reserved by us. All content and materials provided by us are made available or licensed to you, not “sold” to you.

4. User Conduct & Communications
   
   

   By using our Website, you agree not to engage in any activity that may:

   • violate or encourage the violation of laws, regulations, rules, or policies, including but not limited to laws, regulations, rules, and policies governing intellectual property, data, privacy, and export controls;
   • infringe upon the rights of others, including any moral right, privacy right, or right of publicity;
   • interfere with the operation of our Website; or
   • cause harm or damage to our Website, our users, or third parties.
   
   

   Your communications through our Website or to us by email are not confidential. We do not guarantee the security of data transmitted to us. Any suggestion or idea you give us or provided by you (“Feedback”) will not be treated as confidential, and we may use, profit from, disclose, publish, or otherwise exploit any Feedback without compensation to you.

   
   

   You further agree that you will not, and will not attempt to, directly or indirectly:

   
   
   • disable, overly burden, impair, or otherwise interfere with servers, hosts, or networks connected used by us or our Website;
   • attempt to gain unauthorized access to our Website, or bypass any measures we may use to prevent or restrict access to our Website;
   • use our Website to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising, or solicitation for goods or services promoting any website, or use any paid advertising platform to promote links that direct to our domain or use our trademarks;
   • send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on our Website any data, information, pictures, videos, audio or other materials or content that:
     • contain any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
     • you do not have the lawful right to possess, send, upload, collect, transmit, store, use, post, publish, or otherwise communicate;
     • are false, intentionally misleading, or impersonates any other person;
     • are libellous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contain pornography, nudity, or graphic or gratuitous violence, or that promote violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual;
     • are harmful to minors in any way or targeted at minors;
     • are designed or intended to obtain password, account, or private information from any other user of our Services; or
     • contain information about an identifiable individual.
5. User Account
   
   

   If you are issued login credentials, you will keep those credentials secure and will not grant access to or otherwise share your credentials with third parties. We may disable any login credentials at any time at our sole discretion. If we disable your login credentials, you will not be able to access your account. We are entitled to act upon instructions received through your account. We are not responsible for any actions taken or transactions made to or from your account by any other party using your login credentials. You are responsible for monitoring all activity conducted through your account, including purchase activity, and you agree to promptly notify us if you become aware or suspect any illegal or unauthorized activity or a security breach involving your account.



6. User Data and Privacy
   
   

   By using our Website, you grant to us an irrevocable, worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, our Website to: (i) develop, enhance, and make available our Website; and (ii) produce data, information, or other materials that are not identified as relating to a particular individual or company, including the information generated by the use of artificial intelligence and associated tools (the “Aggregated Information”). We may create, use, combine and disclose Aggregated Information for any purpose without restrictions of any kind. Our Privacy Policy contains important information about our practices with respect to collecting, storing, using, and disclosing your personal information.



7. Third Party Content, Websites, or Services
   
   

   By using our Services, you may have access to third-party promotions and offers through links, third-party content, websites, or services (generally, “Third-Party Content”). Likewise, we may allow you to access our Services from third-party systems. We are not responsible for Third-Party Content, or any products or services offered by third parties. We do not endorse any Third-Party Content, or guarantee its quality, accuracy, reliability, completeness, availability, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. You acknowledge and agree that Third-Party Content is not under our control and if you choose to access Third-Party Content, or to access our Services from Third-Party Content, you do so at your own risk. You acknowledge that you may be required to accept terms of use and other policies applicable to Third-Party Content and agree to accept and comply with any such terms of use and policies.



8. Malicious Code & Security
   
   

   The downloading and viewing of content from and on our Website are done at your own risk. We do not guarantee our Website is compatible with your computer system or that it, or any links from our Services, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computers, phones, tablets, and other devices, and you are responsible for the entire cost of any service, repairs, or corrections of and to your devices that may be necessary as a result of your use of our Website.



9. Disclaimer of Warranties
   
   

   YOU ACKNOWLEDGE AND AGREE THAT OUR WEBSITE (WHICH INCLUDES ALL OF OUR WEBSITES, MOBILE APPS, PRODUCTS AND SERVICES) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION PROVIDED ON OUR WEBSITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT OUR WEBSITE WILL BE ERROR FREE OR UNINTERRUPTED.



10. Limitation of Liability
    
    

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO OUR WEBSITE (WHICH INCLUDES ALL OF OUR WEBSITES, MOBILE APPS, PRODUCTS AND SERVICES) OR THESE TERMS.
    
    YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND SERVICES. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, OUR WEBSITE (WHICH INCLUDES ALL OF OUR WEBSITES, MOBILE APPS, PRODUCTS AND SERVICES) EXCEED USD $10. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.



11. Class Action Waiver
    
    

    WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND THE COMPANY AGREE, NO JUDGE OR ARBITRATOR MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.



12. Indemnification
    
    

    You agree to indemnify and hold harmless us, our affiliates and service providers, and each of our and their officers, directors, owners, agents, employees, heirs, and assigns from any and all claims, causes of action, demands, recoveries, losses, liabilities, damages, fines, penalties and other costs and expenses (including attorneys’ and accountant fees) of any kind or nature arising out of or in connection with:

    • your use of our Website, Services, or Third-Party Content;
    • any breach of these Terms, our Privacy Policy or any terms governing our Website or Services;
    • any breach of the terms of use or policies governing Third-Party Content; or
    • your violation of any law, regulation, rule, or policy, or the rights of a third party (including intellectual property rights and privacy rights).



13. Term and Termination; Survival
    
    

    We may change or terminate these Terms at any time and with immediate effect by providing notice either through email or on our website. All provisions of these Terms which expressly or by their nature survive termination shall survive termination.



14. Governing Law
    
    

    These Terms and the use of our website shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflict of laws. You will only use our Website and Services in jurisdictions where it may be lawfully used. You hereby consent to the exclusive jurisdiction and venue of courts and arbitration panels in [XXX] County, California in all disputes arising out of relating to our website, Services, Third-Party Content, these Terms, our Privacy Policy, or any interaction you have with us. All disputes shall be settled by binding 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 [XXX] County, California. Notwithstanding the foregoing, you or we may seek injunctive relief from an appropriate court located in [XXX] County, California.



15. Waiver
    
    

    Our failure to insist upon or enforce performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Any waiver of any provision of these Terms must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.



16. Assignment
    
    

    These Terms are not assignable by you. We may assign these Terms or any rights we have under these Terms to any third party without your consent.



17. Entire Agreement
    
    

    These Terms constitute the entire agreement between you and us with respect to your use of our website and Services and supersede all prior versions. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.



18. Contact Us
    
    

    You may contact us at support@mymanahome.com