Terms of Service & Use for ManifestationTechnology.com
Last Updated: March 2017
Restriction Regarding Age and Nature of Uses
You must be at least 18 years of age to use the Website or any of Manifestation Technology services. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to the Website by minors in your family or (ii) having access to your computer or login limited to the extent necessary to restrict use to adults. The Services may not be used by any automated device or automated computational machine. The Service may only be used or accessed through an electronic device under the manual control of User at all times.
Our Terms and Conditions
BY USING OUR WEBSITE AND/OR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS.
You (the "User"), by using, accessing, or attempting to interact with Manifestation Technology, or other software, services, websites, or any of its licensees services or software (collectively "Services"), agree to be bound and abide by the terms and conditions of this Agreement with Manifestation Technology.
1.1 You agree that the Services, which includes all software and documentation, both electronic and printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Manifestation Technology. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
1.2 You agree that you will only use the Services if you are a person over 18 years of age.
1.3 You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
1.4 You agree that violations by you or any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in Nevada.
1.5 The Services are offered on an "as is" basis and used by the User solely at his or her own risk. All user-specific information provided by user in connection with Services shall be used to provide services and features to the user and to maintain the associated websites.
2. Limitation of Liability
2.1 In no event will Manifestation Technology, its suppliers or licensors, their respective officers, directors, employees, agents and affiliates be liable for any direct, indirect, special, consequential, incidental or punitive damages or lost profits or data, whether foreseeable or unforeseeable, arising out of or related to your or any third party's claims (including, but not limited to, reliance on or the use of delay in being able to use, loss of personal data on or inability to use the website, the materials it provides, or any other hyperlinked website or any third-party products or services) regardless of legal theory, even if Manifestation Technology has been advised of the possibility of such damages. In no event will the aggregate liability which Manifestation Technology, its suppliers, and its licensors, their respective officers, directors, employees, agents, and affiliates and each of them may incur for all damages, losses and causes of action exceeded $100. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. This section will apply only when and to the extent that applicable law requires liability despite this exclusion and limitation
3. Acceptable Use of Website and Services
3.1 Manifestation Technology does not allow any of the following content, or links to such content, to be published on the Service:
Content of a pornographic, sexually explicit, or violent nature.
Content of an illegal nature (including stolen copyrighted material).
Pirated software sites, including cracking programs or cracking program archives.
Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
3.2 Users posting any of the above content on their sites will be notified using User's current email address on file, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, Manifestation Technology will suspend the services of the member account until a resolution is met between Manifestation Technology, and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
3.3 In addition, Manifestation Technology does not allow any of the following:
Users may not use the Service as a remote storage server.
Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
Users must exercise caution when hosting large downloads (>10MB). Manifestation Technology reserves the right to refuse to host any large downloadable files.
Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
3.4 Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Manifestation Technology's servers. Users deemed to be using Manifestation Technology solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
3.5 The final choice of whether an account is in violation of any of these policies is at the sole discretion of Manifestation Technology.
3.6 Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.
4. Chargeback / Refund Policy
4.1 All Website design, programing, and implementation sales are final. Manifestation Technology may accept a refund request in some cases, at our discretion. An instance where we would accept a request for a refund would be if Manifestation Technology and client are unable to work together in a communicative and professional manner or if creative differences force an end to all work. If this is the case it will always be if the amount of hours put towards the job is less than the total amount of the deposit paid for the job. If this is the case, the remaining monies left after billing for all hours to date can be refunded to the client within 14 days and all work will cease.
4.2 Manifestation Technology will not, under any circumstances, issue cash or credit refunds for cancellation of Service. Manifestation Technology bills our fees at the beginning of each monthly/annual billing cycle and does not issue refunds for service terminated within current billing cycle.
4.3 If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your credit card account for the appropriate amount.
5. Temporary Use License Granted
Only for the duration of being logged into the User's valid Manifestation Technology account, the User is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the Manifestation Technology website.
5.2 A valid Manifestation Technology account may only be created and maintained by a User who fully provides valid personal information about the User in the sign-up process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with the terms of this Agreement.
5.3 The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
6. Subscription Fees And Other Costs
6.1 User agrees to either a one (1) month or twelve (12) month contract agreement with Manifestation Technology.
6.2 User can upgrade or downgrade their service agreement to any other contract agreement that Manifestation Technology is currently offering during User's contract term.
6.3 At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the User. Cancellation must be issued via the User's website Manager Interface or via Manifestation Technology’ support addresses. Any cancellation issued via the customer's website Manager Interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website Manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
7. Material and Products
7.1 Manifestation Technology and its Partners provide Services on an "as is" basis.
7.2 Manifestation Technology shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability.
7.3 Use of Manifestation Technology services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is required to have the necessary knowledge to use the Internet and the World Wide Web.
7.4 It is not the responsibility of Manifestation Technology to provide free support for the User in the use and operation of Manifestation Technology.
7.5 Only services and features clearly indicated as "free" or "no charge" are free or without charge. All other applications, features, functionality and support provided by Manifestation Technology and its partners are provided for a fee and the User is liable for such fees.
7.6 The User may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.
7.7 The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
7.8 The User may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.
8. Manifestation Technology Etiquette and Privacy
8.1 Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
8.2 The network resources of the Manifestation Technology may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Manifestation Technology.
8.3 All messages transmitted via Manifestation Technology should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
8.4 All users shall not attempt to undermine the security or integrity of computing systems or networks of Manifestation Technology, its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
8.6 Manifestation Technology reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within User's website on the Manifestation Technology system.
9.1 Manifestation Technology shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the Manifestation Technology services.
9.2 The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
10. Lawful Purpose
Services provided to or used by the User may only be for lawful purposes.
10.2 Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited.
10.3 This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
10.4 This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
10.5 Users are prohibited from using Manifestation Technology services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which Manifestation Technology deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Manifestation Technology management.
10.6 The subscriber agrees to indemnify and hold harmless and defend Manifestation Technology from any claims resulting from the User's use or User's allowed use by others of the Services which damages either Manifestation Technology, its officers, its employees, its directors, its partners, or another party or parties.
12. Limited Liability
12.1 User shall defend, indemnify, save and hold Manifestation Technology (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
12.2 User shall defend, indemnify and hold harmless Manifestation Technology (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
12.3 Under no circumstances, including negligence, shall Manifestation Technology (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing Manifestation Technology services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Manifestation Technology service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Manifestation Technology records, programs or services. This paragraph shall apply to all content and functionality of Manifestation Technology Service.
12.4 Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to Manifestation Technology during the current month.
12.5 Such limitations shall apply to Manifestation Technology total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
13. Trademarks and Copyrights
13.1 User warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any.
13.2 User warrants that its content does not infringe any third party copyrights or patents.
14. Service Reliability and Warranties
14.1 Manifestation Technology makes no warranties or representations of any kind, whether expressed or implied for the Services.
14.2 Use of Manifestation Technology services are at User's sole risk. Neither Manifestation Technology, its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Manifestation Technology service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Manifestation Technology Service, unless otherwise expressly stated in this Agreement.
14.3 Manifestation Technology also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User's materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Manifestation Technology is at the User's own risk, and Manifestation Technology specifically denies any responsibility for the accuracy or quality of information obtained through its services.
14.4 Damages claims for unavailability of the Service against Manifestation Technology are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to Manifestation Technology for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance via the Manifestation Technology Service Blog.
14.5 Under no circumstances will Manifestation Technology bear any responsibility for any damages arising as a consequence of such unavailability.
15. Contract Revisions and Applicable Legal Jurisdiction
15.1 Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Services in any way.
15.2 Manifestation Technology reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber prior to 30 days of their taking effect.
15.3 This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of Nevada.
15.4 This Agreement shall be governed and construed in accordance with the laws of the State of Nevada and no party shall object to removal or prosecution of any litigation to a federal or state court in Nevada.
16. Termination of Account
16.1 This Service may be terminated by either party, without cause, by giving the other party 3 days written notice.
16.2 Notwithstanding the above, Manifestation Technology may terminate Services at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. Manifestation Technology may also seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in the State of Nevada.
16.3 Upon notice of termination of Services by Manifestation Technology to User via contact e-mail to User's Services account and contact e-mail account provided in User's personal information, or voluntary termination of service by User, Manifestation Technology has the right to delete all data, files, or other information that is stored in the User's account for any reason.
17. Events, Information, and Speaker Changes
The events, information, and speakers listed on our Sites are subject to change without notification.
17.1 Submissions - We welcome your comments about any of the Sites. However, we will not review or consider any unsolicited creative submissions or suggestions for topics at our seminars or within our newsletters or products. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by our staff might seem to be similar to the ideas submitted to us. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any idea, suggestion or material ("Submission"), it shall become our property. We will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
17.2 Forums - A "forum" means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Sites, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Sites.
17.4 Disclaimers - The information, services, products, claims, seminar topics, and materials on our Sites are provided "as is" and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our Sites. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
17.5 Limitation of Liability - Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you, by us or any of our licensors or suppliers, for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
17.6 No Professional Advice - The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
17.7 Earnings Disclaimer - When addressing financial matters in any of our Sites, videos, newsletters or other content, we've taken every effort to ensure we accurately represent our programs and their ability to improve your life or grow your business. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any "get rich schemes" on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.
18. Scope of Agreement
18.1 Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.ManifestationTechnology.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Manifestation Technology, LLC ('Manifestation Technology', 'we', or 'us').