Respect the Natives


MANA LLC WEBSITE

Terms and Conditions of Use


Overview


  1. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE ("TOU") BEFORE USING HTTP://MANAFLYFISHING.COM (the “Site”).  By continuing to access, link to, or use the Site, including any information, features and functionality located on the Site, you signify your acceptance of the TOU and agree to be bound by any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of the Site.  All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into this TOU.

  1. MANA LLC., a Rhode Island limited liability company, is the owner and operator of the Site, and reserves the right, in its sole discretion, to modify the TOU at any time, with or without notice to you.  Any such modifications shall be effective immediately, so you should continue to review the TOU whenever you access the Site for use.  Your use of the Site, or any product or service on the Site, after the posting of modifications to the TOU will constitute your acceptance of the TOU, as modified.  If, at any time, you do not wish to accept the TOU, you should immediately discontinue any use of the Site.  Any terms and conditions proposed by you which are in addition to or which conflict with the TOU are expressly rejected and shall be of no force or effect.

  1. MANA LLC and its licensors and suppliers of content, goods, services and equipment, agents, affiliates, directors, officers, employees, representatives, successors, and assigns (collectively, “MANA”) may, at their sole discretion, and at any time, discontinue this Site, in whole or in part, or may prevent or restrict your use of the Site or any product or service on the Site, in each case with or without notice to you. You agree that you do not have any rights in the Site and that MANA will have no liability to you if the Site is discontinued or your ability to access the Site.


Registration


  1. You may be required to register with MANA in order to access certain areas of the Site and you are responsible for ensuring that the details provided by you on registration or at any time are correct and complete. 

  1. You agree to inform MANA as soon as is reasonably possible of any changes to the information that you provided when registering, by updating your personal details in order that MANA can communicate with you effectively.

  1. When you register to use HTTP://MANAFLYFISHING.COM, you will be allocated a user account and password. In order to prevent fraud, you are obliged to keep this password confidential and must not disclose it or share it with anyone.

  1. If you know or suspect that someone else knows your password you should notify us by contacting HTTP://MANAFLYFISHING.COM immediately.  You are responsible for any fees or other charges incurred through your user account.

  1. If MANA has reason to believe that there is likely to be a breach of security or misuse of HTTP://MANAFLYFISHING.COM, MANA may have to issue you with a new password and in the interim suspend your account. 


Use of Site


  1. You agree to use this Site in a responsible manner that is in full compliance with these TOU and with your local laws and regulations, including export and import regulations.

  1. You are granted permission to access and use this Site and its content (“Content”) for the sole purpose of evaluating, customizing, and/or ordering products or services solely through MANA or its designated vendors (collectively referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from MANA does not entitle you to use any portion of Content apart from the finished Products as they are supplied by MANA. 

  1. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize MANA to produce the Products on your behalf.

  1. You agree that you will not use the Site in a manner that is offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable.  MANA may terminate its service to customers found to be using the Site to engage in inappropriate activities.


Intellectual Property


  1. The Site and all of its Content including but not limited to, all names, images, texts, designs, graphics, logos, documents, sound-recordings and their arrangement, identifying MANA or third parties and their products and services, and all software and underlying source code on this website, are subject to copyright, design rights, database rights, trade marks and/or other intellectual property rights of MANA and/or third parties. Except as expressly provided in these terms of use, you are not permitted to use or reproduce any of the content on HTTP://MANAFLYFISHING.COM, as this may constitute infringement of the owner’s rights.

  1. All rights in this Site and its Content are reserved worldwide. Except as permitted in these TOU, you undertake not to copy, store in any medium (including in any other website), reproduce, republish, download, distribute, post, transmit, re-transmit, broadcast, modify, adapt, alter or create a derivative work from any part of the Site or show in public any part of the Site without the prior written permission of MANA.

  1. You agree that you will access the contents solely for your own private use but not for any commercial or public use.

  1. Nothing contained in these TOU shall be construed as conferring by implication, estoppel, or otherwise any license or right to use any trademark, patent, design right, database right, copyright or other intellectual property right of MANA or any other third party.


Transfer of Title


  1. You agree that the shipping terms for all Products are FOB shipping point and ownership transfers to you, as the customer, upon shipment. This means that the risk of loss and title for such items pass to you upon MANA’s delivery to the carrier.


Hyperlinks


  1. This Site may contain hyperlinks to sites not maintained or related to MANA.  Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Site or MANA, and MANA makes no representations or warranties about the content, completeness, or accuracy of those third party sites, and expressly disclaims any responsibility for any process, act, or omission that may occur upon clicking any hyperlink contained on this Site.

  1. You acknowledge that such third party sites are not under the control of MANA and agree that MANA shall not be responsible for any information or other hyperlinks found at any such third party sites.  The fact that the Site contains a link to another site does not signify an endorsement of the site or its contents by MANA. 

  1. Information you submit at a third party Website accessible from the Site is subject to the terms of that Website’s privacy policy, if any, and MANA has no control over how your information is collected, used, or otherwise handled.


Disclaimers and Limitation of Liability


  1. MANA makes no representations about the suitability, reliability, completeness, availability, timeliness or accuracy of the features of this Site or the Content.  You acknowledge that any use of the Site or reliance on such Content will be at your own risk.

  1. MANA does not warrant that functions contained in HTTP://MANAFLYFISHING.COM will be uninterrupted or error free, that defects will be corrected, or that MANAFLYFISHING.COM or the server that makes it available are free of viruses or bugs. If a fault occurs with HTTP://MANAFLYFISHING.COM you should report it to INFO@MANAFLYFISHING.COM to permit MANA to assess whether and to what extent it can correct the problem. Your access to HTTP://MANAFLYFISHING.COM may be occasionally restricted to allow for repairs, maintenance or the introduction of new content.

  1. THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE.  UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MANA ITS LICENSORS, SUPPLIERS OR VENDORS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM MANA OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUS, DELAYS IN OPERATION OR TRANSMISSION; USE OF OR INABILITY TO USE THE SITE OR ANY LINKS OR INFORMATION ON THE SITE OR ANY PROVISION OF THE TOU, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL MANA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE GREATER OF THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR YOUR PURCHASE OF THE PRODUCTS.  THE LIABILITY LIMITATIONS SET FORTH IN THIS PARAGRAPH SHALL OPERATE TO THE MAXIMUM EXTEND PERMITTED BY APPLICABLE LAW.

  1. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.


Indemnification


  1. You agree that you shall indemnify, defend and hold MANA and all parties from whom MANA has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these TOU, and (iii) use of the Products by any party other than you.


General


  1. If any provision of this TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then such court shall endeavor to give effect to the intentions reflected in the provision and the provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions.

  1. You may not transfer any of your rights under these terms to any other person.

  1. The failure of MANA to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

  1. MANA shall not be responsible for any breach of these terms caused by circumstances beyond its reasonable control.

  1. The TOU and the relationship between you and MANA shall be governed by the laws of the State of Rhode Island, without regard to its conflict of law provisions.  You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Rhode Island with respect to any legal proceedings that may arise in connection, interpretation or breach of the TOU, your use of the Site, or your use or possession of the Products.

  1. The TOU and any other terms and conditions of service on this Site constitute the entire agreement between you and MANA and governs your use of the Site

  1. If you have any queries, please contact INFO@MANAFLYFISHING.COM.