CUSTOMER TRAINING SYSTEM TERMS OF SERVICE:
These Terms of Service comprise a legal agreement between You and Manna Distribution and governs Your use of FlawAssassin.com. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
FlawAssassin.com is made up of Web site and Web pages operated by Manna Distribution and its affiliates and of various products and services which are provided by Manna Distribution, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as FlawAssassin or the "FlawAssassin.com". "You" means You, Your company, Your employees, and anyone who has access to use Your FlawAssassin.com account. You must be at least eighteen (18) years of age to subscribe to and use any FlawAssassin.com service or product.
The general provisions these Terms of Service apply to FlawAssassin.com and to all of the products and services provided through FlawAssassin.com. Any additional provisions that apply to the particular FlawAssassin.com product(s) or service(s) described may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.
FlawAssassin.com is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout FlawAssassin.com and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Manna Distribution reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use FlawAssassin.com after any such changes, Your continued use will constitute Your consent to such changes. Manna Distribution does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.
Any rights not expressly granted herein are reserved by Manna Distribution. In addition Your registration information and other information about You is subject to our Privacy Statement located at http://www.FlawAssassin.com.
If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please contact us from our website requesting a hard copy. You may also click on the link to "Terms of Service" at the bottom of each page of FlawAssassin.com for copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.
YOUR WARRANTIES
By using any service offered on FlawAssassin.com, You make the following representations and warranties. Manna Distribution shall have the right to terminate your FlawAssassin.com account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that:
You and all users of FlawAssassin.com approved by you are at least eighteen (18) years of age;
You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the FlawAssassin.com service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company;
You will not use FlawAssassin.com for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and
You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site.
By using FlawAssassin.com, You agree that You will defend and indemnify Manna Distribution and its suppliers from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF FlawAssassin.com
FlawAssassin.com is provided to assist You with the operation of Your business. Your right to use FlawAssassin.com is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your FlawAssassin.com account. Manna Distribution reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. Manna Distribution reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from FlawAssassin.com, except as expressly provided herein.
You may not use a name in connection with operating Your FlawAssassin.com Web site that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying such user's rights in FlawAssassin.com.
You may not interfere with or disrupt FlawAssassin.com or servers or any network connected to FlawAssassin.com.
You may not use FlawAssassin.com or the products or services provided through or in connection with FlawAssassin.com to:
rent, lease, license, grant a security interest in, or otherwise transfer or sub license Your rights hereunder to any third party;
defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multilevel or illegal marketing campaigns;harm minors in any way;publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is defamatory, libelous, slanderous, or infringing; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any FlawAssassin.com services or Your Web site would cause Manna Distribution to violate any law, statute or regulation; or any other illegal activity;harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;violate any applicable government laws or regulations.
You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on FlawAssassin.com." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in FlawAssassin.com, or in any product, service or Software provided through FlawAssassin.com.
The information provided by Manna Distribution to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Manna Distribution with any third party.
FEES
Some products and services available through or in connection with FlawAssassin.com require that You purchase a subscription or otherwise pay a fee. You hereby authorize FlawAssassin.com to charge Your PayPal account in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the FlawAssassin.com product or service You have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your FlawAssassin.com account by you or anyone else using your account. Manna Distribution reserves the right to modify the fees charged for FlawAssassin.com products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Manna Distribution notifies You via email or otherwise of such modified fees.
If You notify FALWASSASSIN.COM in writing/email that You are canceling one or more FlawAssassin.com services or products, no further fees will be charged to your PayPal account. It is Your responsibility to notify FlawAssassin.com if Your PayPal account has changed to make appropriate changes or Your service may be disconnected or interrupted.
In the event that Manna Distribution terminates Your FlawAssassin.com account or one or more of Your FlawAssassin.com services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.
CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a FlawAssassin.com service that You may not be entitled to a refund of all or part of amounts already paid by You for such FlawAssassin.com subscription after 5-days (five days). You agree that (a) FlawAssassin.com's cancellation policy will be posted on the FlawAssassin.com Web site on this page and may be changed from time to time by FlawAssassin.com in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you. Understand that FlawAssassin.com uses a Five Day Cancellation policy to insure that pay outs to their affiliates are protected from fraudulent charge backs.
CHANGES TO SERVICES, TERMINATION BY FlawAssassin.com
Manna Distribution may change any of the FlawAssassin.com services at any time and from time to time without notice, including terminating the offering of any FlawAssassin.com service altogether.
Manna Distribution may terminate Your account, Your access to FlawAssassin.com or any of Your FlawAssassin.com services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your FlawAssassin.com services or from using FlawAssassin.com or from receiving any products, services or benefits from FlawAssassin.com, if Manna Distribution determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Manna Distribution receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with FlawAssassin.com and there will be no refund of any fees prepaid by You. If You subscribe to a FlawAssassin.com service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the FlawAssassin.com service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.
LINKS TO THIRD PARTY SITES
Links within FlawAssassin.com may let You leave FlawAssassin.com. You acknowledge that the linked sites are not under the control of Manna Distribution and that Manna Distribution is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Manna Distribution is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Manna Distribution of the linked site or any association with their operators.
LICENSE YOU GRANT TO FlawAssassin.com
Manna Distribution does not claim ownership of the materials You provide to Manna Distribution (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of FlawAssassin.com or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of FlawAssassin.com (collectively "Submissions"). However, You grant Manna Distribution a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sub license and reformat Your Submission (NOT your product, but information about your product), and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of FlawAssassin.com. You also grant Manna Distribution the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to Manna Distribution's or its sub licensee's use of the materials as licensed above. Manna Distribution is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Manna Distribution's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through FlawAssassin.com, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Manna Distribution the license set forth above, and You will defend and indemnify Manna Distribution and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.
You grant Manna Distribution permission to use screen shots of any Web page that contains a link to FlawAssassin.com or FlawAssassin.com HTML code (with respect to the FlawAssassin.com Banner Network) in FlawAssassin.com promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.
SOFTWARE AVAILABLE ON FlawAssassin.com
Software (if any) that is made available to download from or otherwise use through FlawAssassin.com, excluding software that may be made available by third parties via FlawAssassin.com, ("Software") is the copyrighted work of Manna Distribution and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Manna Distribution hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular FlawAssassin.com Web Site or FlawAssassin.com service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Manna Distribution and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the India. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Indian export restrictions.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through FlawAssassin.com may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via FlawAssassin.com should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.
Your access to and use of FlawAssassin.com, and products and services of FlawAssassin.com, is at Your own risk. Manna Distribution makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of FlawAssassin.com, or such products or services. Without limiting the foregoing, NEITHER Manna Distribution NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN FlawAssassin.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Manna Distribution AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Manna Distribution OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FlawAssassin.com OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE FlawAssassin.com OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FlawAssassin.com; OR OTHERWISE ARISING OUT OF THE USE OF FlawAssassin.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Manna Distribution OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FlawAssassin.com, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FlawAssassin.com AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, Manna Distribution is not responsible for any of Your data residing on Manna Distribution and FlawAssassin.com hardware or systems, including such hardware or systems provided to Manna Distribution by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Manna Distribution or FlawAssassin.com hardware or systems, including such hardware or systems provided to Manna Distribution by third parties, whether or not such information is produced through the use of Manna Distribution including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of FlawAssassin.com. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Manna Distribution will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of FlawAssassin.com, its services or products; (b) Your customers use of Your Web site hosted by or created through FlawAssassin.com and Your products and services; (c) use of FlawAssassin.com by any other party to whom You have given access to Your company information for use of FlawAssassin.com; (d) errors, bugs or other defects in FlawAssassin.com; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, Pay Pal account information etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the FlawAssassin.com Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Manna Distribution's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of FlawAssassin.com.
Manna Distribution is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your FlawAssassin.com information, through the use of FlawAssassin.com.
Manna Distribution is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through FlawAssassin.com. Manna Distribution is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through FlawAssassin.com. Manna Distribution is not acting as Your or any third party's agent in connection with the operation of FlawAssassin.com. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Manna Distribution is not involved in any orders or other transactions between You and other users of FlawAssassin.com or other marketplace forums, Manna Distribution cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any FlawAssassin.com service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payer"). Manna Distribution is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payers. Manna Distribution makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using FlawAssassin.com.
INDEMNITY
You agree to defend, indemnify and hold Manna Distribution and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Manna Distribution or Your use of FlawAssassin.com.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
Manna Distribution reserves the right to deny in its sole discretion any user access to FlawAssassin.com or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or FlawAssassin.com resulting from any third party using a password or user name issued to You. You agree to notify Manna Distribution immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of FlawAssassin.com known to or suspected by You. You may change Your password at any time by following instructions on the FlawAssassin.com Web site.
You hereby authorize Manna Distribution to rely on any data, notice, instruction or request furnished by You to Manna Distribution, or that Manna Distribution reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Manna Distribution is not responsible for fraud of participants or of other users of your account.
YOUR CUSTOMER DATA
FlawAssassin.com will only use your customer data in accordance with the privacy policy.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Manna Distribution as a result of these Terms or Service or use of FlawAssassin.com.
Manna Distribution's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Manna Distribution's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of FlawAssassin.com or information provided to or gathered by Manna Distribution with respect to such use.
If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Manna Distribution with respect to FlawAssassin.com and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Manna Distribution with respect to FlawAssassin.com.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The example companies, organizations, products, people and events depicted within FlawAssassin.com are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.
Manna Distribution is not obligated to monitor the content on FlawAssassin.com. Manna Distribution reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Manna Distribution's Privacy Statement. Manna Distribution reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the FlawAssassin.com Web sites, in Manna Distribution's sole discretion, without notice at any time.
These Terms of Service comprise a legal agreement between You and Manna Distribution and governs Your use of FlawAssassin.com. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
FlawAssassin.com is made up of Web site and Web pages operated by Manna Distribution and its affiliates and of various products and services which are provided by Manna Distribution, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as FlawAssassin or the "FlawAssassin.com". "You" means You, Your company, Your employees, and anyone who has access to use Your FlawAssassin.com account. You must be at least eighteen (18) years of age to subscribe to and use any FlawAssassin.com service or product.
The general provisions these Terms of Service apply to FlawAssassin.com and to all of the products and services provided through FlawAssassin.com. Any additional provisions that apply to the particular FlawAssassin.com product(s) or service(s) described may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.
FlawAssassin.com is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout FlawAssassin.com and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Manna Distribution reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use FlawAssassin.com after any such changes, Your continued use will constitute Your consent to such changes. Manna Distribution does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.
Any rights not expressly granted herein are reserved by Manna Distribution. In addition Your registration information and other information about You is subject to our Privacy Statement located at http://www.FlawAssassin.com.
If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please contact us from our website requesting a hard copy. You may also click on the link to "Terms of Service" at the bottom of each page of FlawAssassin.com for copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.
YOUR WARRANTIES
By using any service offered on FlawAssassin.com, You make the following representations and warranties. Manna Distribution shall have the right to terminate your FlawAssassin.com account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.
You represent and warrant that:
You and all users of FlawAssassin.com approved by you are at least eighteen (18) years of age;
You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the FlawAssassin.com service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company;
You will not use FlawAssassin.com for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;
Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and
You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site.
By using FlawAssassin.com, You agree that You will defend and indemnify Manna Distribution and its suppliers from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF FlawAssassin.com
FlawAssassin.com is provided to assist You with the operation of Your business. Your right to use FlawAssassin.com is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your FlawAssassin.com account. Manna Distribution reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. Manna Distribution reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from FlawAssassin.com, except as expressly provided herein.
You may not use a name in connection with operating Your FlawAssassin.com Web site that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying such user's rights in FlawAssassin.com.
You may not interfere with or disrupt FlawAssassin.com or servers or any network connected to FlawAssassin.com.
You may not use FlawAssassin.com or the products or services provided through or in connection with FlawAssassin.com to:
rent, lease, license, grant a security interest in, or otherwise transfer or sub license Your rights hereunder to any third party;
defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multilevel or illegal marketing campaigns;harm minors in any way;publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is defamatory, libelous, slanderous, or infringing; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any FlawAssassin.com services or Your Web site would cause Manna Distribution to violate any law, statute or regulation; or any other illegal activity;harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;violate any applicable government laws or regulations.
You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on FlawAssassin.com." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in FlawAssassin.com, or in any product, service or Software provided through FlawAssassin.com.
The information provided by Manna Distribution to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Manna Distribution with any third party.
FEES
Some products and services available through or in connection with FlawAssassin.com require that You purchase a subscription or otherwise pay a fee. You hereby authorize FlawAssassin.com to charge Your PayPal account in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the FlawAssassin.com product or service You have chosen to use. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your FlawAssassin.com account by you or anyone else using your account. Manna Distribution reserves the right to modify the fees charged for FlawAssassin.com products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Manna Distribution notifies You via email or otherwise of such modified fees.
If You notify FALWASSASSIN.COM in writing/email that You are canceling one or more FlawAssassin.com services or products, no further fees will be charged to your PayPal account. It is Your responsibility to notify FlawAssassin.com if Your PayPal account has changed to make appropriate changes or Your service may be disconnected or interrupted.
In the event that Manna Distribution terminates Your FlawAssassin.com account or one or more of Your FlawAssassin.com services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.
CANCELLATION POLICY
You acknowledge that if You cancel any subscriptions to a FlawAssassin.com service that You may not be entitled to a refund of all or part of amounts already paid by You for such FlawAssassin.com subscription after 5-days (five days). You agree that (a) FlawAssassin.com's cancellation policy will be posted on the FlawAssassin.com Web site on this page and may be changed from time to time by FlawAssassin.com in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you. Understand that FlawAssassin.com uses a Five Day Cancellation policy to insure that pay outs to their affiliates are protected from fraudulent charge backs.
CHANGES TO SERVICES, TERMINATION BY FlawAssassin.com
Manna Distribution may change any of the FlawAssassin.com services at any time and from time to time without notice, including terminating the offering of any FlawAssassin.com service altogether.
Manna Distribution may terminate Your account, Your access to FlawAssassin.com or any of Your FlawAssassin.com services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your FlawAssassin.com services or from using FlawAssassin.com or from receiving any products, services or benefits from FlawAssassin.com, if Manna Distribution determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Manna Distribution receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with FlawAssassin.com and there will be no refund of any fees prepaid by You. If You subscribe to a FlawAssassin.com service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the FlawAssassin.com service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.
LINKS TO THIRD PARTY SITES
Links within FlawAssassin.com may let You leave FlawAssassin.com. You acknowledge that the linked sites are not under the control of Manna Distribution and that Manna Distribution is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Manna Distribution is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Manna Distribution of the linked site or any association with their operators.
LICENSE YOU GRANT TO FlawAssassin.com
Manna Distribution does not claim ownership of the materials You provide to Manna Distribution (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of FlawAssassin.com or any Web site ("Your Web Site") created by You or on Your behalf in connection with the use of FlawAssassin.com (collectively "Submissions"). However, You grant Manna Distribution a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sub license and reformat Your Submission (NOT your product, but information about your product), and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of FlawAssassin.com. You also grant Manna Distribution the right to publish Your name in connection with any such use. No compensation will be paid or due You with respect to Manna Distribution's or its sub licensee's use of the materials as licensed above. Manna Distribution is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Manna Distribution's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through FlawAssassin.com, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Manna Distribution the license set forth above, and You will defend and indemnify Manna Distribution and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.
You grant Manna Distribution permission to use screen shots of any Web page that contains a link to FlawAssassin.com or FlawAssassin.com HTML code (with respect to the FlawAssassin.com Banner Network) in FlawAssassin.com promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.
SOFTWARE AVAILABLE ON FlawAssassin.com
Software (if any) that is made available to download from or otherwise use through FlawAssassin.com, excluding software that may be made available by third parties via FlawAssassin.com, ("Software") is the copyrighted work of Manna Distribution and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Manna Distribution hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular FlawAssassin.com Web Site or FlawAssassin.com service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Manna Distribution and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the India. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Indian export restrictions.
LIMITATIONS OF LIABILITY AND DISCLAIMERS
The information, software, products, services and other material included in or available through FlawAssassin.com may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via FlawAssassin.com should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.
Your access to and use of FlawAssassin.com, and products and services of FlawAssassin.com, is at Your own risk. Manna Distribution makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of FlawAssassin.com, or such products or services. Without limiting the foregoing, NEITHER Manna Distribution NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN FlawAssassin.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Manna Distribution AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Manna Distribution OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF FlawAssassin.com OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE FlawAssassin.com OR RELATED SERVICES;
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH FlawAssassin.com; OR OTHERWISE ARISING OUT OF THE USE OF FlawAssassin.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Manna Distribution OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FlawAssassin.com, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING FlawAssassin.com AND ITS RELATED SERVICES AND PRODUCTS.
Without limiting the foregoing, Manna Distribution is not responsible for any of Your data residing on Manna Distribution and FlawAssassin.com hardware or systems, including such hardware or systems provided to Manna Distribution by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Manna Distribution or FlawAssassin.com hardware or systems, including such hardware or systems provided to Manna Distribution by third parties, whether or not such information is produced through the use of Manna Distribution including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of FlawAssassin.com. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Manna Distribution will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of FlawAssassin.com, its services or products; (b) Your customers use of Your Web site hosted by or created through FlawAssassin.com and Your products and services; (c) use of FlawAssassin.com by any other party to whom You have given access to Your company information for use of FlawAssassin.com; (d) errors, bugs or other defects in FlawAssassin.com; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, Pay Pal account information etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the FlawAssassin.com Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Manna Distribution's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of FlawAssassin.com.
Manna Distribution is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your FlawAssassin.com information, through the use of FlawAssassin.com.
Manna Distribution is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through FlawAssassin.com. Manna Distribution is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through FlawAssassin.com. Manna Distribution is not acting as Your or any third party's agent in connection with the operation of FlawAssassin.com. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Manna Distribution is not involved in any orders or other transactions between You and other users of FlawAssassin.com or other marketplace forums, Manna Distribution cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any FlawAssassin.com service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payer"). Manna Distribution is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payers. Manna Distribution makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using FlawAssassin.com.
INDEMNITY
You agree to defend, indemnify and hold Manna Distribution and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Manna Distribution or Your use of FlawAssassin.com.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
Manna Distribution reserves the right to deny in its sole discretion any user access to FlawAssassin.com or any portion thereof without notice.
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or FlawAssassin.com resulting from any third party using a password or user name issued to You. You agree to notify Manna Distribution immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of FlawAssassin.com known to or suspected by You. You may change Your password at any time by following instructions on the FlawAssassin.com Web site.
You hereby authorize Manna Distribution to rely on any data, notice, instruction or request furnished by You to Manna Distribution, or that Manna Distribution reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Manna Distribution is not responsible for fraud of participants or of other users of your account.
YOUR CUSTOMER DATA
FlawAssassin.com will only use your customer data in accordance with the privacy policy.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Manna Distribution as a result of these Terms or Service or use of FlawAssassin.com.
Manna Distribution's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Manna Distribution's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of FlawAssassin.com or information provided to or gathered by Manna Distribution with respect to such use.
If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Manna Distribution with respect to FlawAssassin.com and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Manna Distribution with respect to FlawAssassin.com.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The example companies, organizations, products, people and events depicted within FlawAssassin.com are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.
Manna Distribution is not obligated to monitor the content on FlawAssassin.com. Manna Distribution reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Manna Distribution's Privacy Statement. Manna Distribution reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the FlawAssassin.com Web sites, in Manna Distribution's sole discretion, without notice at any time.
Any rights not expressly granted herein are reserved by Manna Distribution, including all legal and equitable remedies available to Manna Distribution or violation of any of these Terms of Service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of FlawAssassin.com are: Copyright (c) 2009 Manna Distribution, Inc. and/or its suppliers, c/o Manna Distribution, 4077 Eagle Nest Dr., Evans, Georgia, 30809 All rights reserved.
TRADEMARKS
FlawAssassin.com is either a trademark or registered trademark of Manna Distribution. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved by Manna Distribution.
GOVERNING LAW
The User Agreement shall be governed and construed in accordance with the laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Georgia, United States of America in all disputes arising out of or relating to the use of the FlawAssassin.com Services or FlawAssassin.com.
Last Updated: May 19, 2009
COPYRIGHT AND TRADEMARK NOTICES
All contents of FlawAssassin.com are: Copyright (c) 2009 Manna Distribution, Inc. and/or its suppliers, c/o Manna Distribution, 4077 Eagle Nest Dr., Evans, Georgia, 30809 All rights reserved.
TRADEMARKS
FlawAssassin.com is either a trademark or registered trademark of Manna Distribution. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved by Manna Distribution.
GOVERNING LAW
The User Agreement shall be governed and construed in accordance with the laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Georgia, United States of America in all disputes arising out of or relating to the use of the FlawAssassin.com Services or FlawAssassin.com.
Last Updated: May 19, 2009