Please read these Terms carefully. They contain the terms and conditions for your use of the MichaelManicotti.com website (“Site”). If you do not accept these Terms and comply with them in all material respects, you may not use the Site.
- Binding Agreement - This Site is owned by Michael Manicotti, LLC, (“MichaelManicotti.com”). By using the Site, you are entering into a binding agreement with MichaelManicotti.com to comply in all material respects with all of the following terms.
- Limited License to Use - Access to the Site is limited to viewing the linked web pages, and only for personal use. Any access to or attempt to access other areas of MichaelManicotti.com’ computer system or other information contained on the system for any purposes is strictly prohibited. MichaelManicotti.com will determine the context of what is acceptable, and unacceptable, in its sole discretion. This limited, non-exclusive license is subject strictly to the terms and conditions hereof and is terminable at any time and for any reason, within MichaelManicotti.com’ sole discretion. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright, trademark, and communications laws an d regulations. All violators will be prosecuted to the fullest extent of the law.
- No License to Download Music - Except as MichaelManicotti.com may specifically permit, no license is granted to download music from the Site.
- Third Party Content. - From time to time, the Site may include discussion forums and interactive areas, including bulletin board services. Any forums and interactive areas of the Site shall be used only for non- commercial purposes. By using the forums or interactive areas, you agree not to do any of the following;
Upload to, distribute or otherwise publish through the Site any message, data, information, text or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; Upload or transmit any Content that may infringe any copyright, patent, trademark, trade secret, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and Without MichaelManicotti.com’ written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
MichaelManicotti.com takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, MichaelManicotti.com is only a forum and is not liable for any statements, representations, or Content provided by its users.
- Linking. - You are granted a limited, non-exclusive right to create a hyperlink to the Site provided such link does not portray MichaelManicotti.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a MichaelManicotti.com logo or other proprietary graphic or trademark of MichaelManicotti.com to link to the Site without the express written permission of MichaelManicotti.com. This limited right may be revoked at any time. MichaelManicotti.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from the Site, or third-party sites linking to the Site. The third-party linked sites are not under the control of MichaelManicotti.com is not responsible for the content of any third-party linked site or any link contained in a third -party linked site, or any review, changes or updates to such sites. MichaelManicotti.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by MichaelManicotti.com of the site or any information contained therein. When leaving the Site, you should be aware that MichaelManicotti.com’ terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
- Intellectual Property Rights - All right, title and interest in and to the Site and its content is the sole property of MichaelManicotti.com, and except as expressly licensed herein, all rights are reserved. You may not reproduce, modify, display, sell or distribute the Site or any part of its content or use it in any respect, for any purpose, except as expressly permitted herein. MICHAELMANICOTTI.COM™ is a service mark of MichaelManicotti.com, LLC, and the “look and feel” of the Site, including without limitation the layout and graphical elements, constitute service marks of MichaelManicotti.com, LLC. and are also protected by copyright.
- Use of Likeness, Name and Biographical Information - If you submit photographs or other likenesses of you, or your name or other biographical information to MichaelManicotti.com, MichaelManicotti.com may publish such photographs, name, and/or biographical information, in whole or in part, as submitted or edited in MichaelManicotti.com’ discretion, on the Site or otherwise in connection with MichaelManicotti.com’ activities, and will consider your submission of those materials to be consent to such use.
Disclaimers and Limitations of Liability.
A. Disclaimer of Warranty. THIS SITE IS PROVIDED ‘AS IS,’ WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWED BY LAW, MICHAELMANICOTTI.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Without limiting the generality of the foregoing, THERE ARE NO WARRANTIES THAT THE SITE WILL BE ERROR-FREE, OR FREE FROM HARMFUL VIRUSES OR OTHER DEVICES. YOU USE THE SITE AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY COMPUTER DAMAGE OR OTHER LOSS RESULTING THEREFROM. MICHAELMANICOTTI.COM makes no warranty or representation regarding the accuracy, completeness or truthfulness of any information or other communication posted herein.
B. Limitations of Liability.
- IN NO EVENT WILL MICHAELMANICOTTI.COM OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR ADVERTISERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OR ACCESS TO (OR INABILITY TO USE OR ACCESS) THIS SITE OR ANYTHING CONNECTED THEREWITH. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS OF LOST PROFITS, OR FROM LOST DATA, OPPORTUNITIES OR INTERRUPTIONS, WHETHER BASED ON WARRANTY, TORT, CONTRACT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER MICHAELMANICOTTI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- In no event, and under no legal theory, will the liability of MichaelManicotti.com or any of its officers, directors, shareholders, employees, affiliates, agents, representatives or advertisers exceed the aggregate sum of US$5.00, or the compensation you have paid to MichaelManicotti.com for any goods or services in dispute, whichever is less.
- SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE LIMITATIONS SET FORTH ABOVE MAY NOT BE APPLICABLE TO YOU.
- Equitable Relief. You acknowledge that in the event of your breach or threatened breach of any terms and conditions related to your use of the Site, MichaelManicotti.com would suffer irreparable harm for which it would have no adequate remedy at law, and you agree that in such event MichaelManicotti.com will be entitled to temporary injunctive or other equitable relief without need of showing actual harm, and upon a posting of no, or minimal, security.
- Indemnity. You agree to indemnify, hold harmless, and defend MichaelManicotti.com, together with its officers, directors, shareholders, employees, affiliates, agents, representatives or advertise rs of, from and against any claims, actions or demands (including without limitation attorneys’ fees, expert witness fees, settlement amounts and expenses) alleging or resulting from or in connection with your use of the Site, any information posted or communicated by you, or your breach of any of these Terms. MichaelManicotti.com shall have the right, but not the obligation, to assist you, at your expense, in defending any such claim, notice or proceeding.
- Choice of Law and Forum. Any dispute arising under or relating directly or indirectly to the use of this Site, any goods or services obtained from or through MichaelManicotti.com, or the relationship between or among You and MichaelManicotti.com and/or any of its officers, directors, employees, agents, representatives or any other person acting through or under it, will be heard in the state or federal courts located in Collin County, Texas, and in no other location. You irrevocably consent to personal jurisdiction in such courts and waive any objections to venue there based on convenience or otherwise.
10. General. The Terms and all other matters related to the Site shall be governed, interpreted and enforced according to the substantive laws of the State of Texas, excluding its conflicts of laws rules. These Terms state the entire agreement of the parties and may not be amended or modified except by publication of a new page by MichaelManicotti.com and subsequent use of the Site by you. Your continued or further use of the Site will be considered acceptance by you of the revised Terms. If any provision of these Terms is found invalid or unenforceable, it shall be deemed automatically severed and the remainder of the Terms shall be enforced as if the unenforceable portion had never been a part thereof, and the unenforceable portion shall be deemed automatically to have been reformed so as to conform as nearly as possible to the intent and context of the unenforceable portion, while still remaining valid and enforceable, and shall thereupon and to that extent be enforced. All Terms shall survive termination or expiration except the limited license granted herein, which shall immediately terminate and you shall cease all use and access immediately. Your obligations hereunder are not transferable or assignable. No delay or forbearance in enforcing these Terms or any Term shall constitute a waiver or precedent. enforcing these Terms or any Term shall constitute a waiver or precedent.