Terms of Service


Welcome to manara.tech, a site operated by Manara Co. (“Manara,” “us,” and “we”). Manara provides online classes, platforms, programs, products, tools, systems, services, and other offerings through which users can learn, teach, develop, communicate, mentor, and connect to employers (collectively, the “Service”). 

 

These Terms and Conditions and the Website are governed by the laws of Delaware. Any dispute arising from, or related to, these Terms and Conditions or the Business shall be subject to the exclusive jurisdiction of the Delaware courts.

 

If you have any questions about these terms please contact us

 

PLEASE READ THIS TERMS OF SERVICE (AGREEMENT) CAREFULLY.  THIS WEBSITE AND THE INFORMATION ON IT ARE CONTROLLED BY MANARA.  THIS AGREEMENT GOVERNS YOUR USE OF THE WEBSITE, AND THE SERVICES, INFORMATION AND CONTENT AVAILABLE OR ENABLED VIA THE WEBSITE (THE “SERVICES”). BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING ANY OF THE SERVICES, YOU CONFIRM THAT

 

(1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT,

(2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH Manara, AND

(3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE AGREEMENT.

(4) YOUR USE OF THE MANARA SERVICE SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THESE TERMS EACH TIME YOU ACCESS THE MANARA SERVICE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT USE THE MANARA SERVICE.

 

THE TERM YOU YOUR OR USER REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED FOR THE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

 

These Terms incorporate our Privacy Policy and other Manara policies by reference herein.Your use of, and participation in, certain Services may be subject to additional terms (Additional Terms) and such Additional Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the Additional Service.  If the Agreement is inconsistent with the Additional Terms, the Additional Terms shall control with respect to such Service.  All Additional Terms are hereby incorporated into this Agreement by reference. This Agreement and any Additional Terms are referred to herein as the “Terms.”

 

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY MANARA IN ITS SOLE DISCRETION AT ANY TIME.  When changes are made, Manara will make a new copy of the Agreement available at the Website and Manara may require you to provide consent to the updated Agreement in a specified manner before further use of the Website and/ or the Services is permitted.  If you do not agree to any change(s) after receiving a notice of such change(s), you agree to stop using the Website and the Services.  Otherwise, your continued use of the Website or Services constitutes your acceptance of such change(s). 

 

 

  1. 1. Service
  1. 1.1. The service: Manara provides platforms, programs, products, tools, systems, services and other offerings through which users can learn, teach, develop, communicate, mentor and connect to employers (collectively, the “Service”). 
  2. 1.2. Registered User: In order to use the Services, you must be a Registered User. As a registered user you may be required to submit your resume and other applicable information, including your name, email address, employment and work history, work experience, educational background and skill set (“User Information”) to be eligible to be accepted into the programs and matched with potential opportunities. Manara reserves the right, in its sole discretion, to accept or reject user registration to use the Services.
  3. 1.3. Relationship of the Parties. Manara is a service provider that provides, platforms, programs, products, tools, systems, services, and other offerings through which users can learn, teach, develop, communicate, mentor, and connect to employers. Any agreements created between a Hiring Partner and a User are not binding on us. We are not liable for, or obligated to enforce, any agreements between a Hiring Partner and a User. You will not consider Manara, nor will Manara be construed as, a party to such transactions, whether or not Manara receives some form of remuneration in connection with the transaction, and Manara will not be liable for any costs or damages arising out of or related to such transaction. No contractual obligations are created with us with respect to such transactions or agreements between a Hiring Partner and a User.
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  5. 2. Use.
2.1. Your License: The Website, the Services, and the information and content available on the Website and the Services (collectively, “Manara”) are protected by copyright laws.  Subject to the Terms, Manara grants you a limited license to use Manara solely for your personal non-commercial use of the service. Your right to use Manara is subject to these Terms. All other use is expressly prohibited.
  1. 2.2. Copyright: No material made available on or through the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such Content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such Content for your own personal use. You agree to immediately return any and all Manara property in your possession or control if you leave, withdraw or are withdrawn.
  2. 2.3. Trademarks. Manara, the Manara logo, the Manara website, and other references are trademarks of Manara, co. and we reserve all rights in them.
  3. 2.4. Restrictions.  The rights granted to you in this Agreement are subject to the following restriction:

  1. a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Manara or any portion of manara.tech or manara.training or any subdomain thereof; 
  2. b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other including images, text, page layout or form of Manara;
  1. c) you shall not use any metatags or other “hidden text” using Manara name or trademarks;
  2. d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Manara;
  3. e) you shall not use any manual or automated software, devices or other processes (including, but not limited to, spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  1. f) you will not access manara.tech or manara.training or any subdomains thereof in order to build a similar or competitive website, application or service;
  2. g) except as expressly stated herein, no part of  Manara may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and
  3. h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in manara websites. Any future release, update or other addition to Manara shall be subject to the Terms. Any unauthorized use of Manara property terminates the licenses granted by Manara pursuant to the Terms.
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  5. 2.5. Third party services: The Service may include links or access to third-party tools, websites, systems or applications such as messaging platforms, content systems, or other software. We use third-party software, applications, systems, tools and services to help us communicate with you and to provide the Service, including email and Slack. Some third-party services use links that exit the Service. Manara is not liable or responsible for anything that happens outside of official Manara websites, channels or systems.

 

2.6. Featuring an instructor or program. We may feature, advertise or recommend a course, program or instructor, but this is not a recommendation of such course or instructor. Manara makes no representations as to the quality of the courses or instructors shown on the Manara service.

 

2.7. Featuring Your Work. We may promote Manara using the work you have completed as part of completing a Manara program, and you grant Manara a nonexclusive license to use your name in combination with your work in any media in connection with Manara’s promotion.

 

3. Registration

 

3.1. Registering Your Account:  In order to access features of Manara you must become a Registered User.  For purposes of the Terms, a “Registered User” is a user who has registered an account through the Website or Services (“Account”). Manara may allow you to use a third party service, like Google or LinkedIn, to register for an Account.

 

3.2. Registration Data:  In registering an Account through the Service, you agree to

(a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and 

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  You represent that you are


(i)   at least eighteen (18) years old;

(ii)  of legal age to form a binding contract;

(iii) not a person previously barred from using Manara;

(iv) not affiliated with an organization under U.S. sanction.

(v)  not currently residing in a country sanctioned by the US.

 

(c) Manara reserves the right to suspend or terminate your Account and refuse any and all current or future use of Manara services based on your registration data.

 

(d) You are responsible for all activities that occur under your Account. You agree to monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of Manara by minors.

 

You may not share your Account or password with anyone, and you agree to

 

(e) notify Manara immediately of any unauthorized use of your password or any other breach of security; and

(f) exit from your Account at the end of each session.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or Manara has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Manara has the right to suspend or terminate your Account and refuse any and all current or future use of Manara. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.  You agree that you shall not have more than one Account at any given time.  Manara reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.  You agree not to create an Account or use Manara if you have been previously removed by Manara, or if you have been previously banned from Manara.

 

3.3. Equipment:  You must provide all equipment and software necessary to connect to Manara.  You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Manara services.

 

4. Content

 

4.1. Types of Content. You acknowledge that all data, text, software, sounds, photographs, graphics, videos, messages, tags and/or other materials (“Content”) is the sole responsibility of the party from whom such Content originated.  This means that you, and not Manara are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Manara or data collected by or related to the Services and your use thereof (collectively, “Your Content”), and that you and other Users of Manata, and not Manara, are similarly responsible for all Content they Make Available through Manara (“User Content”). The use of Your Content by Manara will be subject to the terms of our Privacy Policy located at: https://manara.tech/privacy.

 

4.2. No Obligation to Screen Content.  You acknowledge that Manara has no obligation to pre-screen Content (including, but not limited to, User Content and user Information (as defined below)), although Manara reserves the right in its sole discretion to pre-screen, refuse or remove any Content.  By entering into the Terms, you hereby provide your irrevocable consent to such monitoring.  You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications.  In the event that Manara pre-screens, refuses or removes any Content, you acknowledge that Manara will do so for Manara’s benefit, not yours.  Without limiting the foregoing, Manara shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.

 

  1. 4.3. Stored Content.  Unless expressly agreed to by Manara in writing elsewhere, Manara has no obligation to store Your Content that you Make Available on Manara services.  Manara has no responsibility or liability for the deletion or accuracy of any Content, including Your Content and User Information; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Manara.  You agree that Manara retains the right to create reasonable limits on Manara’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits. described on the Website and as otherwise determined by Manara in its sole discretion.

 

5. Ownership

 

  1. 5.1. Manara, co:  Except with respect to Your Content and User Content, you agree that Manara owns all rights, title and interest in and to all of Manara. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or any other systems

 

  1. 5.2. Trademarks: “Manara”, and other related graphics, logos, service marks and trade names used on or in connection with Manara or in connection with the Service are the trademarks of Manara and may not be used without permission. Other trademarks, service marks and trade names that may appear on or in Manara are the property of their respective owners.

  2. 5.3. Other Content.  Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in Manara. 

 

  1. 5.4. Your Content:  Manara does not claim ownership of Your Content.  However, when you as a user post or publish Your Content (including User Information) on or in Manara you represent that you own or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You grant Manara a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part),  for the purposes of: (a) operating, improving and providing the Services; and (b) compiling statistical and other information related to the performance, operation, and use of the Service. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Manara.  You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You agree that you, not Manara, are responsible for all of Your Content that you Make Available on or in Manara.

 

  1. 5.5. Account: Notwithstanding anything contained herein to the contrary, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of Manara.

 

6. User Conduct

 

6.1. General:  In connection with your use of Manara, you shall not:

(a) Use the Service if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Website or Service;

(b) Make Available and Content that

(i)  is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable;

(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

(iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;

(iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities;

(c) Post or transmit any Opportunity or posting that does not comply with applicable law, including, but not limited to, United States federal, state and local laws relating to equal employment opportunity and employment eligibility verification;

(d) Impersonate any person or entity, including, but not limited to, Manara personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);

(f) Make Available any Content that infringes or otherwise violates the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;

(g) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

(h) Stalk or otherwise harass any other user of Manara; or

(i) Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

 

7. Fees

7.1. Program: Manara may charge you fees to attend a Program. The amount of any fees may be revised by Manara from time to time and vary from topic to topic.

 

7.2. You Agree To Pay Us For Your Purchases: You agree to pay for all products and services that you purchase through Manara, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through the Manara Service.

 

7.3. Third-party payment Processor: We use a third-party payment processor to process payments made to us and to you. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as, inter alia, credit card numbers. Rather, all such information is provided by you directly to our third-party processor, Stripe. You can read more about their policies at: https://stripe.com/privacy. The use of a third-party payment processor by Manara will be subject to the terms of our Privacy Policy located at: https://manara.tech/privacy.

 

  1. 7.4. Variations: We may vary the cost of our services, including program fees, payment methods and deferred payments s, or other fees from time to time, in our sole discretion, and availability is not guaranteed and other Terms may apply based on your program or additional agreement(s) you may have with us. Please review the Additional Terms in your additional agreement or other agreement(s) applicable to you for additional information.

 

  1. 7.5. Refunds and cancellations: We reserve the right, but are not obligated, to refund fees paid to us. Our policy for providing refunds, if ever, for any purchases made by you, is set forth in the Manara Refund Policy available here and is incorporated into these Terms. Manara may modify its refund policy at any time with or without specific notice to you.

 

  1. 7.6. Taxes: “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges. You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through the Manara Service. Manara is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.

 

  1. 7.7. Currency: We only accept U.S. Dollars. The currency required for settling transactions with us will be the US Dollar. Your transaction may be subject to applicable currency conversion-related transaction fees and exchange rate changes which you shall bear.

 

  1. 8. Copyright Policy
  1.  
  2. 8.1. Notification: Tell us if you think a user has violated your copyright using Manara, or if you think someone incorrectly reported that you violated his or her copyright

 

  1. 8.2. The DMCA: The Digital Millennium Copyright Act of 1998 (the “DMCA” ) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials shared with Manara infringe your copyright, you (or your agent) may send Manara a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.
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  2. 8.3. Requirements: The notice must include the following information:

⦿ A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;

⦿ Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Manara Service are covered by a single notification, a representative list of such works);

⦿ Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Manara to locate the material on the Manara Service;

⦿ Your name, address, telephone number, and email address (if available);

⦿ A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

⦿ A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. 8.4. Notice: Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to complaints@manara.tech or 3035 Bateman St., Berkeley, CA 94705. A notice may not be valid if it fails to comply with all of the above-listed requirements.

 

  1. 8.5. Counter-notice: If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Manara a counter-notice.

 

  1. 9. Monitoring, other users, and third parties

 

  1. 9.1 Right to monitor: Manara may monitor or review Manara services and Your Content at any time.  Manara shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. If Manara becomes aware of any possible violations by you of any provision of the Terms, Manara reserves the right to investigate such violations, and Manara may, at its sole discretion, immediately terminate your license to use Manara, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
  2. 9.2 Interactions with Other Users: You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that Manara reserves the right, but has no obligation, to intercede in such disputes. You agree that Manara will not be responsible for any liability incurred as the result of such interactions. MANARA DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS REGISTERED USERS OR ATTEMPT TO VERIFY THE CONTENT OF ITS REGISTERED USERS. MANARA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE REGISTERED USERS.

 

  1. 9.3 Content Provided by Other Users: Manara may contain User Content provided by other Users.  Manara is not responsible for and does not control User Content.  Manara has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content.  You use all User Content and interact with other Users at your own risk.

 

  1. 9.4. Third-Party Websites, Applications & Ads: Manara may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”).  When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Manara websites and are subject to the terms and conditions (including privacy policies) of another website or destination.  Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Manara.  Manara is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads.  Manara provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services.  You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern.  You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications before proceeding with any transaction with any third party.

 

10. Indemnification

You agree to indemnify and hold Manara, its successors, assigns, parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Manara Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of:

 

(a) Your Content.

(b) your use of the Services or any other Manara service;

(c) your violation of the Terms (including, without limitation, your submission of false or misleading information through the Services);

(d) your violation of any rights of another party, including any Users;

(e) your interactions with other Users; and

(f) your violation of any applicable laws, rules or regulations. Manara reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Manara in asserting any available defenses.  This provision does not require you to indemnify any of the Manara Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Manara services.

 

11. Disclaimer of Warranties.

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY LAW, Manara, ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, MEMBERS, EMPLOYEES, INSTRUCTORS, AGENTS, SUBSIDIARIES, SERVICE PROVIDERS, PARTNERS, AND LICENSORS (collectively the “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

 

(B) THE RELEASED PARTIES MAKE NO WARRANTY THAT:

(i) THE SERVICE WILL MEET YOUR REQUIREMENTS;

(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;

(iv) THE QUALITY OF ANY GOOD, SERVICE, CONTENT OR MATERIAL WILL MEET YOUR NEEDS OR EXPECTATION; AND/OR

(v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND

 

(C) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Manara, OR THROUGH OR FROM THE FUNCTIONS OR YOUR USE OF THE WEBSITE OR SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE AGREEMENT.

 

  1. 12. Limitation of Liability
  2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING, WHETHER FORESEEABLE OR UNFORESEEABLE), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING TO:
  3.  

(i) THESE TERMS OF SERVICE;

(ii) THE USE OR THE INABILITY TO USE THE SERVICE;

(iiI) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, MATERIALS, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE;

(iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(v) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE;

(vi) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR ON OR THROUGH THE SITE; OR

(vii) ANY OTHER MATTER RELATING TO THE SERVICE.

 

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF, IN CONNECTION WITH THE SERVICE, OR YOUR USE OF THE SERVICE OR MATERIALS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY), WILL NOT EXCEED TOTAL UPFRONT PAYMENTS MADE BY YOU.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THIS EVENT, ONLY THE LIMITATIONS LEGALLY APPLICABLE TO YOU WILL APPLY, AND THE RELEASED PARTIES LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW

 

  1. 13. Consequences of violating these terms
  2. We reserve the right to suspend or terminate your account and prevent access to the Manara Service for any reason, without notice to you, at our discretion. We reserve the right to refuse to provide the Manara Service to you in the future.

     

    Manara may review and remove any of Your User Content at any time for any reason, including for any activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Manara Service.

     

    You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Manara Service.

 

  1. 14. Effect of Termination
  2. Termination of the Services includes removal of access to the Services and barring of further use of the Services.  Upon termination of the Services, your right to use the Services will automatically and immediately terminate. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases and Manara will not have any liability whatsoever to you for any deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

 

  1. 15. Dispute Resolution
  2. In the event that you have a dispute with one or more other users, you hereby release Manara, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.

    You agree that any dispute or claim directly relating in any way to your access or use of the Website or Services or to any aspect of your relationship with Manara, will be resolved in the first instance by You and Us and in the second instance by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules available at www.adr.org.

 

  1. 16. Class Waiver and Waiver of Jury Trial
  2. YOU AND Manara MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS THEY ARISE FROM THE SAME TRANSACTION.

     

    YOU AND Manara HEREBY WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDINGS ARISING OUT OF THIS AGREEMENT, YOUR Manara TUITION, OR YOUR PAYMENTS TO Manara.

 

  1. 17. General
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  3. 17.1. Electronic Communications:  The communications between you and Manara use electronic means, whether you visit Manara websites or send Manara emails, or whether Manara posts notices on Manara websites and systems or communicates with you via email.  For contractual purposes, you (1) consent to receive communications from Manara in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Manara provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

 

  1. 17.2. Assignment:  The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Manara’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Notwithstanding Manara may assign, subcontract, delegate or otherwise transfer its rights and obligations hereunder.
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  2. 17.3. Force Majeure:  Manara shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
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  2. 17.4. Questions, Complaints, Claims:  If you have any questions, complaints or claims with respect to Manara, please contact us at: complaints@manara.techWe will do our best to address your concerns.  
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  2. 17.5. Governing Law:  THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF DELAWARE.
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  1. 17.6. Choice of Language:  It is the express wish of the parties that the Terms and all related documents have been drawn up in English.

 

17.7. Notice:  Manara may give notice by e-mail at the email address registered for registered users.  You may give notice to Manara at the following address: terms@manara.tech.

 

  1. 17.8. Waiver: Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion

 

  1. 17.9. Severability:  If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
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  2. 17.10. Entire Agreement:  The Terms, including all additional terms, are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
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  2. 17.11. Export Control:  You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations (“EAR”) and economic sanctions maintained by the U.S. Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”), and will not use the services to cause a violation of such laws or regulations. You agree to not use our services to store or distribute content that is subject to export controls, unless you have obtained all required government export authorizations. Further, you represent and warrant that you are not on any government list of prohibited or restricted parties, or otherwise subject to equivalent restrictions, as specified in the laws and regulations listed above or in your country’s laws. You may not download or use the Service if you are located in a country or region subject to U.S. or E.U. government embargo (including Cuba, Iran, North Korea, Syria, and the Crimea region) unless that use is authorized by the United States and other relevant authorities. 
  1. Version GTC20240429