Mannersmith Legal Agreement
The following are terms of a legal agreement ("Agreement") between you and Mannersmith Etiquette Consulting ("Mannersmith"). By accessing, browsing and/or using this web site ("Site") you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that Mannersmith may, in its sole discretion and without notice, revise these terms at any time by updating this posting.
Mannersmith makes no representations whatsoever about any other web site which you may access through this Site. When you access a non-Mannersmith web site, please understand that it is independent from Mannersmith, and that Mannersmith has no control over the content on that web site, even if Mannersmith provides information or services to the owner of that web site. In addition, a link to a non-Mannersmith web site does not mean that Mannersmith endorses or accepts any responsibility for the content or the use of such web site. In fact, Mannersmith disclaims any and all liability and responsibility for such content. It is your responsibility to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
COPYRIGHTS AND USE OF SITE CONTENT
The copyright in all materials provided on this Site is held by Mannersmith or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Mannersmith or the copyright owner. Permission is granted to download one copy of the materials on this Site to a single computer for your personal use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not "mirror" any material contained on this Site without Mannersmith's express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images, and the selection and arrangement thereof, is the exclusive property of Mannersmith or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
© 1996 - 2022 Mannersmith Etiquette Consulting
PO Box 1344 Marblehead, MA 01945
All rights reserved.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Mannersmith. Other trademarks, service marks, and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark or any other Mannersmith intellectual property displayed on this Site. Mannersmith aggressively enforces its intellectual property rights to the fullest extent of the law. The name Mannersmith or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Mannersmith. Mannersmith also prohibits use of Mannersmith or any other Trademark as part of a link to or from any site unless establishment of such a link is approved in advance by Mannersmith in writing.
You acknowledge and agree that Mannersmith shall own and have the unrestricted right to use, publish, distribute, and exploit, in electronic form and otherwise, any and all information that you submit to or otherwise publish on this Site ("Submissions"). You hereby waive any and all claims against Mannersmith for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Mannersmith's use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by Mannersmith and may be used by Mannersmith for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event Mannersmith's ownership of such Submissions is successfully contested, you automatically grant Mannersmith a perpetual, royalty-free, non-exclusive, unrestricted, worldwide, and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform, or display such Submissions, in whole or in part, in any form, media, or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Mannersmith does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, or otherwise distributed through this Site by any user of this Site, information provider, or any other third party. Mannersmith expressly disclaims any and all liability related to Submissions, and you acknowledge that any reliance upon such Submissions shall be at your sole risk. You covenant that you shall not submit to, or otherwise publish on, the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate any law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Mannersmith in its sole discretion reserves the right to remove any information or Submission from this Site, in whole or in part, for any reason.
NO SERVICES, ENDORSEMENT, OR PROFESSIONAL CONSULTATION
There may be delays, omissions, or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that Mannersmith's provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career, or other advice or services. Information on this Site should not be relied upon for making business, investment, or other decisions or used as a substitute for consultation with professional advisors. Moreover, Mannersmith does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded, or distributed through this Site by Mannersmith, any user, information provider, or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, Mannersmith does not grant any license or other authorization to you to use this Site in any manner if such use, in whole or in part, suggests that Mannersmith promotes or endorses any third party's causes, ideas, political campaigns, political views, web sites, products, or services.
ACCESS TO THIS SITE
Mannersmith may alter, suspend, or discontinue this Site, or your access to use this Site, at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your systems or operations. You are solely responsible for ensuring that any information or content obtained from this Site does not contain computer viruses or any other destructive elements, and that your systems, software, and data are protected from such elements.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MANNERSMITH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, MANNERSMITH DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "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."
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MANNERSMITH OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF MANNERSMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MANNERSMITH'S OR ANY OF ITS PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES', AND ATTORNEYS', AND THEIR RESPECTIVE HEIRS', SUCCESSORS', AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless Mannersmith and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys, and their respective heirs, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Mannersmith reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You may make payments to Mannersmith in the form of a personal check, with funds drawn on a U.S. bank. Orders will be held until the check clears the bank, which can take up to 10 days. If a check fails to clear due to insufficient funds, Mannersmith will contact you. If you do not respond within 30 days, your order will be canceled.
ENFORCEMENT OF TERMS AND CONDITIONS
This Agreement is governed and interpreted pursuant to the laws of the Commonwealth of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the Commonwealth of Massachusetts. You further agree and expressly consent to the exercise of personal jurisdiction in the Commonwealth of Massachusetts in connection with any dispute or claim involving Mannersmith. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.