INTRODUCTION
Manageher LLC, provides its services, which include but are not limited to online education-based services, Personal Coaching. The Services are provided to you subject to the following Terms of Service (the “Terms of Service”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1. Access to the Services.
- By using the Services (referred to as “Services”), you agree, on behalf of yourself and all members of your household and others who use any Service under your Manageher LLC Account (referred to as “Account”), to the following conditions. Please read these conditions carefully.
- We offer a wide range of Manageher LLC Services, and sometimes additional terms may apply. When you use Manageher LLC (for example, Educational Courses, Business Consulting) you may also be subject to the guidelines, terms, and agreements applicable to that specific Service (“Service Terms”).
- By accessing and/or using our Services, whether or not you register for an Account, you are agreeing to these Terms, the terms and conditions of our Privacy Policy, and any other legal notices, rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Legal Documents”). Therefore, please carefully review these documents. If you do not agree, do not access and/or use the Services. If there is a conflict between these Terms and any other terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.
2. Modifications to Terms of Service.
- Terms of Service Modifications. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we may post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than seven (7) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. Any new features or tools which are added to the current Services will also be subject to the Terms of Service.
- Usage of Provided Phone Numbers. By providing your phone number to Manageher LLC, you agree that we may use it for direct communication purposes related to our services, such as updates, inquiries, support, or notifications.
3. Privacy Policy.
We respect the privacy of our users. For details, please see our [Insert privacy policy link]. By using the Service, you consent to our collection and use of personal data as outlined therein.
4. Service Eligibility and Registration.
- To be eligible to use the Services, you must be at least 18 years old, or the age of majority in your jurisdiction, whichever is older. By using the Services, you confirm that you meet this age requirement.
- You may be required to register for an Account to access certain Services. In doing so, you agree to provide accurate, current, and complete information about yourself. You are responsible for safeguarding your Manageher LLC Account login credentials. You agree not to disclose your password to any third party, and you will be solely responsible for any activities or actions under your Manageher LLC Account, whether or not you have authorized such activities or actions.
- User Responsibilities. You are responsible for your own conduct while accessing or using our Services. You agree to use our Services only for purposes that are legal, ethical, and in accordance with these Terms and any other applicable rules or guidelines provided by us. We reserve the right to restrict or terminate your access to the Services if we believe that your conduct violates these Terms.
- Service Changes and Availability. Manageher LLC reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Manageher LLC will not be liable for any modification, suspension, or discontinuance of the Services, or any part thereof. While we strive to provide reliable Services, we do not guarantee that access to or use of our Services will be available at all times or be uninterrupted.
- Restrictions on Use. You agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services, nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Manageher LLC in these Terms are reserved.
- User Content. You are responsible for any content that you upload, post, or transmit through the Services (“User Content”). You represent and warrant that you own or have the necessary rights to use and share your User Content. Manageher LLC is not responsible or liable for any User Content.
- Removal of User Content. Please note that Manageher LLC has the right, but not the obligation, to review and remove any User Content that violates these Terms, as determined by Manageher LLC in its sole discretion. By using the Services, you agree to the possible review and removal of User Content for any reason.
5. User Content and Services.
- Service Availability. Manageher LLC Services encompass a variety of features and functionalities. However, not all Services or features will be always accessible to all users, and we are not obligated to make any Services or features available in any particular jurisdiction. Except where prohibited by these Terms or applicable law, Manageher LLC reserves the right to modify the Services, or any part thereof, for any reason, without prior notification and at any time.
- Content Moderation. Manageher LLC does not pre-screen content and maintains the sole discretion to reject or remove any content from any part of the Services if we determine, at our sole discretion, that the products or services that we and/or you offer through the Services, or the content uploaded or posted to the Services, violate our acceptable use policy or these Terms of Service.
- Respectful Conduct. Any form of verbal or written abuse (including threats of abuse or retribution) directed towards any Manageher LLC employee, member, or officer will result in immediate account termination.
- Non-Exclusivity. We reserve the right to offer our Services to your competitors and do not guarantee exclusivity. You acknowledge and agree that Manageher LLC employees and contractors may also be Manageher LLC customers or users and that they may compete with you, provided they do not use your Confidential Information in doing so.
- Account Ownership Disputes. In the event of a dispute concerning Account ownership, we reserve the right to request documentation to ascertain or confirm Account ownership. Such documentation may include, but is not limited to, a scanned copy of your business or driver’s license, a government-issued photo ID, the last four digits of the credit card on file, or verification of your status as an employee of an entity.
- Rightful Account Ownership. Manageher LLC reserves the right, in our sole discretion, to determine rightful Account ownership and transfer an Account to the rightful account holder. If we are unable to reasonably determine the rightful account holder, Manageher LLC reserves the right, without prejudice to our other rights and remedies, to temporarily suspend or disable an Account until resolution has been achieved between the disputing parties.
6. User Responsibilities.
- User Obligations. You acknowledge and agree that the Services are not a marketplace, nor do we promote any specific e-store and/or marketplace. Any contract of sale made through an e-store is directly between you and the end consumer. As the seller of record for all items you sell through the Services, you are responsible for the creation and operation of your e-store, account, portal, your content, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s).
- User Liabilities. This responsibility extends to authorizing the charge to the customer concerning the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You warrant that your portal, your content, and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations, or rights of third parties.
For the avoidance of doubt, Manageher LLC will not be the seller or merchant of record for any e-store and therefore will have no responsibility for your e-store or portal or items sold to customers. Manageher LLC, under no circumstances, shall be liable for transactions between you and the end purchaser.
- Compliance with applicable law. You are solely responsible for the goods or services that you may sell through the Services, including compliance with any applicable laws or regulations. You may not use Manageher LLC Services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, the laws applicable to you in your customer’s jurisdiction, or any international laws. You will comply with all applicable laws, rules, and regulations in your use of the Service and your performance of obligations under these Terms of Service. This compliance obligation includes using deceptive practices in order to sell products through your e-store.
7. Intellectual Property and Additional Responsibilities.
- Investigate User Content. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing content, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
The following conduct is prohibited:
- Uploading any content that infringes any intellectual property or other proprietary rights of any party; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; poses or creates a privacy or security risk to any person; or is objectionable or which restricts or inhibits any other person from using or enjoying the Services.
- Interfering with or disrupting the Services or servers or networks connected to the Services, or disobeying any requirements, procedures, policies or regulations of networks connected to the Services.
- Violating any applicable local, state, national or international law, or any regulations having the force of law; or impersonating any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Harvesting or collecting email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
- Furthering or promoting any criminal activity or enterprise or providing instructional information about illegal activities; or obtaining or attempting to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
- Intellectual Property Notice. All information presented to you as a result of using the services is subject to copyright, trademark, and intellectual property law.
- Commercial Use. Unless otherwise expressly authorized herein or by Manageher LLC in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The Services are for your non-commercial, personal use only.
- Addressing Copyright Violations:
- Manageher LLC prioritizes safeguarding the intellectual property rights of others. Should you sincerely believe that any content available on our platforms infringes your copyright, kindly send the subsequent information to Manageher LLC’s Appointed Copyright Agent support@manageher.com.
- Please include a declaration by you, stating in good faith that the utilization of the material in the contested manner is not permitted by the copyright owner, its agent, or the law, or otherwise, a formal statement by you, under penalty of perjury, confirming that the details in your complaint are accurate, and that you are the copyright owner or are permitted to act on behalf of the copyright owner;
- An original or electronic signature of the copyright owner or the person permitted to act on behalf of the owner of the copyright.
- Policy Against Intellectual Property Infringers. In line with the Digital Millennium Copyright Act (DMCA) and other relevant laws, Manageher LLC has instituted a policy of ending, under appropriate circumstances and solely at Manageher LLC’s discretion, the accounts of users found to be infringers. Manageher LLC may also restrict access to the Service and/or conclude the memberships of any users who infringe any intellectual property rights of others, irrespective of the presence or absence of repeated infringement.
8. Terms and Termination.
- Duration of Services. The duration of services provided by Manageher LLC are determined based on the specific contractual agreement between you and Manageher LLC. The applicable order form, communications with Manageher LLC representative, or any other mutually agreed-upon terms shall govern the duration of the services. In the absence of a specified time duration in the agreement, the services provided by Manageher LLC will be considered ongoing.
- Manageher LLC’s Right to Suspend or Terminate Services. Manageher LLC reserves the right to terminate the services or suspend your account at any time, with or without cause, in its sole discretion. Reasons for termination or account suspension may include but are not limited to a violation of the terms of service, non-payment of fees, or any other conduct deemed inappropriate or harmful to Manageher LLC or its clients. In the event of termination or account suspension, you may be provided with notice, unless immediate termination is necessary due to legal, security, or operational considerations. Upon termination or account suspension, you may lose access to the services and any data associated with your account.
9. Fees, Payment, and Subscription.
- Fees and Subscription. By subscribing to Manageher LLC’s services, you agree to our subscription-based model that will auto-renew monthly . You acknowledge that you will provide Manageher LLC with information regarding your credit card or other payment instrument. You represent and warrant to Manageher LLC that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes. You agree to pay Manageher LLC the amount specified in the payment plan (as well as any applicable taxes) in accordance with the terms of such plan and these Terms of Service. For the avoidance of doubt, you authorize Manageher LLC to automatically charge the payment method on file at the renewal of your chosen service without any additional action from you; these NON-REFUNDABLE charges will occur on a monthly basis.
- You authorizeManageher LLC to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you.
- Recurring Subscriptions. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price changes, you have the right to reject the change by canceling your Recurring Subscription before the price change goes into effect. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. You acknowledge that the amount charged at the beginning of the first month of your subscription may include a promotional discount and may differ from the amount charged in subsequent months. This variance may result from the expiration of the first month discount, changes in subscription fees, applicable taxes, or other factors affecting the overall cost of services.
- You are responsible for paying the fees corresponding to your subscription for Manageher LLC Services, and any other applicable fees, such as transaction fees related to the purchase. As stated above, you must have a valid payment method on file with us to cover all incurred and recurring Fees. Manageher LLC will charge the Fees to any payment method you authorize (“Authorized Payment Method”), and Manageher LLC will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees are fully paid. All payments will be in U.S. currency. You may be required to sign a Credit Card Authorization Form, and if requested and signed, the terms of the Credit Card Authorization Form will govern.
- Payment Terms. As a client of Manageher LLC, you agree to comply with our payment terms. All fees for our services, including but not limited to course access, e-store construction, or otherwise any services provided will need to be paid prior to the commencement of any services.
- Prepayment Provision. Manageher LLC operates on a prepayment basis for most, if not all, services. This means that full payment of all agreed fees is required in advance of the provision of any services. Access to our services will only be provided once we have received full payment. This allows us to effectively manage resources and schedule services in a way that ensures optimal delivery and customer satisfaction.
- Payment Failure and Account Suspension. We may attempt to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees within three (3) days of our first attempt, we may suspend and revoke access to your account and the Services, if previously provided access. Your Account will be reactivated upon payment of any outstanding Fees, plus the Fees applicable to your next billing cycle.
- All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal, state, or local) taxes. You are responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your store or your use of the Services. Please note that customers are solely responsible for any applicable taxes that may arise from their use of the e-store, and we shall not be held liable for any unpaid taxes.
- Responsibility for Sales Transactions. You are solely responsible for all aspects of the transactions between you and your customer(s). The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer.
- REFUND POLICY.
- All subscription payments to Manageher LLC are final. Once a subscription is activated, and payment is processed, it cannot be refunded.
- Upon contract execution, our team promptly allocates resources to initiate and deliver the agreed-upon services to you. Due to the immediate allocation of resources and the nature of our business, refunds cannot be granted once the contract is in effect.
- We strongly encourage a thorough review of the terms, services, and deliverables specified in your subscription agreement before finalizing any commitments. Should you have any questions or concerns regarding the services provided, our team will be more than happy to address them and work towards a satisfactory resolution.
- By engaging in our services and signing the contract, you acknowledge and accept our policy of no refunds once the allocation of resources has commenced.
- Subscription Cancellation Process. You may cancel your subscription to Manageher LLC’s services at any time. To initiate the cancellation process, please follow one of the methods below:
- Submit a Cancellation Request.You can submit a cancellation request through the designated Discord channel.
- Send a cancellation request to fanbasis detailing your request.
Upon receiving your cancellation request, we will process the cancellation promptly. Please note the following: (i) Cancellation will become effective at the end of your current billing cycle. Access to the services will continue until this point; (ii) as per our No Refund Policy, any payments made prior to your cancellation will not be refunded; and (iii) if there are any pending charges at the time of cancellation, these will be billed as scheduled. We recommend that you cancel your subscription well in advance of your next billing date if you do not wish to continue with the services.
By subscribing to our Services and paying for the prior month, you inherently agreed to the No Refund Policy and the Terms set forth in this Agreement.
10. Performance and Responsibility
- By engaging the services of Manageher LLC, you acknowledge and agree to the following:
- Manageher LLC provides you with knowledge, tools, and resources to create and customize your e-store. However, the success and outcomes of your store ultimately depend on your own efforts and decisions. Manageher LLC does not guarantee any specific results or satisfactory options regarding the performance or outcomes of your store.
- Creating a successful online store requires dedication, hard work, and ongoing effort on your part. Manageher LLC‘s services are aimed at supporting and facilitating your store build-out, but the ultimate responsibility for its success lies with you. Manageher LLC does not assume responsibility for the level of success or lack thereof achieved by your store.
- By engaging Manageher LLC’s services, you assume all risks associated with your store build-out. This includes, but is not limited to, market conditions, customer demand, competition, and other factors that may impact the performance and profitability of your store.
- By purchasing Manageher LLC services, you acknowledge and agree that building a successful e-store entails substantial effort, risk, and investment of both time and money. It is important to understand that there is no guarantee of success.
- You further acknowledge that learning the Manageher LLC information and effectively applying the insights to your own e-store requires a significant amount of risk. As such, you acknowledge that Manageher LLC is not responsible for any lack of success you may experience.
- Once payment is made for Manageher LLC‘s services, refunds will not be provided due to or based on the performance or lack thereof of your store. Manageher LLC is not responsible for the financial outcomes, sales, or any other results of your store. As stated, you understand that you are investing in yourself and assuming the associated risks.
By proceeding with the engagement of Manageher LLC‘s services, you acknowledge and accept these terms regarding store performance, refunds, and assume full responsibility for the outcomes and results of your online store.
11. Restrictive Covenants.
- During and after the term of this Agreement, both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed by the other party (“Confidential Information”). Confidential Information includes, but is not limited to, trade secrets, business plans, customer lists, financial information, and any other information marked as confidential or that a reasonable person would understand to be confidential. Each party agrees not to disclose any Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law or court order. Each party further agrees to use the Confidential Information solely for the purpose of performing its obligations under this Agreement and to take all necessary precautions to prevent unauthorized disclosure or use of the Confidential Information. Upon termination or expiration of this Agreement, each party agrees to return or destroy all Confidential Information received from the other party and to provide written certification of such return or destruction upon request.
- Non-Solicitation and Non-Disparagement. During the term of this Agreement and for a period of 12 months following its termination, You shall not, directly or indirectly, solicit or attempt to solicit any employee, contractor, or agent of Manageher LLC for the purpose of offering them employment, engagement, or services. During and for one year after the term of this Agreement, You shall not make any negative or derogatory statements or remarks about Manageher LLC, its employees, agents, contractors, or services in any public forum, including but not limited to social media platforms, review sites, or other forms of public communication. You agree to refrain from making any disparaging or negative comments, whether oral or written, that could damage Manageher LLC‘s reputation or business interests.Manageher LLC agrees to reciprocate these obligations of non-disparagement.
- Penalty for Breach. In the event of any breach of the non-solicitation or non-disparagement provisions set forth in this Agreement, Manageher LLC shall be entitled to seek equitable relief, including injunctive relief, monetary penalties, and/or any other legal remedies available to it. Manageher LLC also reserves the right to pursue monetary damages for any disparaging remarks made in a public forum of any kind, including but not limited to social media platforms, public reviews, or online forums. These damages may include but are not limited to liquidated damages, as well as actual damages incurred by Manageher LLC as a result of the breach. Nothing in this provision shall prevent You or Manageher LLC from providing truthful information in response to legal process or in connection with any legal action or proceeding. In the event of a blatant violation of the non-disparagement provision by You, You shall be liable to Manageher LLC for liquidated damages in an amount equal to double the total amount paid to Manageher LLC under this Agreement. For the avoidance of doubt, this provision is intended to compensate Manageher LLC for the harm caused by such breaches and shall not be construed as a penalty.
- “AS-IS” DISCLAIMER. You acknowledge and agree that the educational courses, materials, and services provided by Manageher LLC are provided on an “as is” basis, without any warranties, representations, or guarantees of any kind, whether express or implied. Manageher LLC makes no representations or warranties regarding the accuracy, completeness, reliability, or suitability of the educational courses, materials, or services for any particular purpose. You further acknowledge that Manageher LLC does not guarantee any specific results, outcomes, or levels of success from participation in the educational courses or implementation of the strategies taught therein. You agree to take full responsibility for your own success or failure in implementing the concepts and strategies learned from the educational courses and acknowledge that individual results may vary based on factors such as effort, dedication, and market conditions.
12. Indemnification and Limitation on Liability.
- Limitation on Liability.
- YOU UNAMBIGUOUSLY ACKNOWLEDGE AND CONSENT THAT Manageher LLC WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Manageher LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Manageher LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Manageher LLC IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
- Under the maximum scope allowed by law, you consent to discharge, safeguard, and render Manageher LLC and their officials, workers, directors, and representatives harmless from any and all deficits, damages, charges, encompassing reasonable lawyer’s fees, rights, lawsuits, actions of any type, and harm (including death) resulting from or connected to your use of the Service. If you are a resident of California, you relinquish California Civil Code Section 1542, which states: “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.” If you reside in a different jurisdiction, you relinquish any analogous statute or principle.
- Renouncement of Representations and Warranties.
- THE SERVICE IS AT YOUR SOLE RISK AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS EXPRESSLY DECLARED OTHERWISE HEREIN, Manageher LLC EXPRESSLY REFUTES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR LEGISLATIVE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF SALEABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- Manageher LLC PROVIDES NO GUARANTEE THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE CONTINUOUS, PROMPT, SECURE, OR FREE OF ERRORS, (III) THE RESULTS ACQUIRED FROM THE UTILIZATION OF THE SERVICE WILL BE PRECISE OR DEPENDABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL BOUGHT OR ACQUIRED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- No Endorsement or Recommendations. Manageher LLC does not endorse, recommend, or favor any third-party service providers, including lending platforms or financial institutions. Any decision to utilize such third-party services is solely at your discretion and is not influenced, encouraged, or advised by Manageher LLC.
- Independence of Third Parties. Any third-party service providers used by our clients to facilitate or finance payments for our services operate independently of Manageher LLC. We do not have any partnership, joint venture, or other affiliations with these entities, unless explicitly stated otherwise.
- User Discretion and Responsibility. Users are advised to exercise their own discretion and conduct due diligence when selecting and engaging with any third-party service provider. Manageher LLC is not responsible for any outcomes, risks, liabilities, or obligations that may arise from your interactions with or reliance on such third-party services. Any disputes, agreements, transactions, or other interactions between you and any third party are strictly between you and such third parties, and Manageher LLC disclaims all liability in this regard.
- External Sites and Resources. Our Service may incorporate, or there may be instances where third parties incorporate, links or other methods of access to various websites and online resources that exist beyond the purview of Manageher LLC. Manageher LLC doesn’t exert control over such external websites and resources and does not vouch for them. You understand and accept that Manageher LLC will not be held accountable for any direct or indirect damages or losses alleged to be the result of using or relying on any content, events, products, or services accessible on or through any such external site or resource. Interactions you engage in with third parties discovered while using our Service are strictly between you and the third party. You agree that Manageher LLC will not be held liable for any losses or claims that you might have against any such third party.
13. General Terms.
- These Terms of Service, along with documents incorporated by reference, form the comprehensive agreement between you and Manageher LLC that guides your use of our Services and your account. This agreement supersedes any prior arrangements between you and Manageher LLC, including previous versions of the Terms of Service.
- Manageher LLC’‘s failure to enforce or exercise any right or provision of these Terms will not imply a waiver of such right or provision. If any provision within these Terms, including all conditions and documents it incorporates by reference, is deemed unlawful by a court of competent jurisdiction, the provision will be modified to achieve the objectives of the original provision to the fullest extent allowed by law. The remaining provisions will continue in full force.
- Apart from Manageher LLC and its affiliates, no person or entity who is not party to these Terms will have any right to enforce any of its terms, unless expressly stated within these Terms. The governing law for these Terms will be the laws of Florida and the laws of the United States applicable therein, regardless of conflict of laws principles.
- These Terms will apply to and benefit both parties, as well as their respective heirs, successors, permitted assigns, and legal representatives. Manageher LLC reserves the right to assign these Terms without your consent or notification. You may not assign or transfer your rights or obligations under these Terms to any third party without Manageher LLC‘s prior written consent.
- On termination, all corresponding rights and obligations under these Terms cease immediately. However, you will remain liable for obligations connected to transactions entered into before termination, any liabilities accrued prior or as a result of termination, and certain sections of these Terms will survive termination.
- These Terms, the Privacy Policy, and other legal documents make up the entire agreement between you and Manageher LLC regarding our Services. If any provision within these documents is found invalid by a court of competent jurisdiction, the rest of the provisions remain in full force and effect. Manageher LLC‘s failure to enforce any provision of these Terms shall not be seen as a waiver of such provision or right.
- Manageher LLC may assign all contractual rights and obligations under these Terms to any affiliate, partner, or third party at its sole discretion, without further consent or notification. Most communications between Manageher LLC and you will be electronic, satisfying any legal requirements for written communication.
- If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
- Any disputes or claims not subject to arbitration, as per the applicable Terms, will be resolved exclusively within the jurisdiction of Ottawa, Ontario, . You agree that any claim arising out of these Terms must be filed within one (1) year of its occurrence or be forever barred. You may not assign these Terms without Manageher LLC‘s prior written consent. We will not be held responsible for any delay or failure in performance due to circumstances beyond our control.