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Terms and conditions

1. Terms and Conditions; Acceptance. These Terms and Conditions (the "Terms and Conditions") contain the standard terms and conditions applicable to ALL dealings with Mamuto, LLC (d.b.a Konkeros), a Florida limited liability company, (the "Company") its successors and assigns, its affiliates and subsidiaries, and/or its agents, assigns, directors, employees, managers, members, officers, owners, principals, representatives, shareholders, and/or trustees (individually and collectively the "Released Parties") with regard to instructional and/or training materials, software, systems, videos, and related items (collectively the "Programs") and related webpages (collectively the "Website"), including, but not limited to, any and all information set forth with regard thereto. These Terms and Conditions further incorporate and are subject to the license agreement for the purchase and use of the Programs between Released Parties, as licensor, and the licensed user, as licensee (the "Licensed User"). These Terms and Conditions shall further control any and all transactions between Released Parties and Licensed User regarding the Programs (and the sale, purchase, and use thereof) and the Website (and the use thereof), including, but not limited to, credits, deliveries, orders, payments, refunds, returns, and shipments, as applicable (the "Transactions"). With regard thereto, Licensed User shall also include any individual or entity accessing the Website or participating in the Transactions with the consent of Released Parties and pursuant to these Terms and Conditions. These Terms and Conditions shall be incorporated into and shall be a part of use of the Programs, access of the Website, and participation in the Transactions, regardless of whether these Terms and Conditions are referenced with regard thereto. Licensed User shall read these Terms and Conditions and shall be bound thereby. In order to use the Programs and access the Website, Licensed User must first accept these Terms and Conditions. Licensed User may not use the Programs, access the Website, or participate in the Transactions if Licensed User does not accept these Terms and Conditions. Licensed User can accept these Terms and Conditions by: (i) clicking to accept these Terms and Conditions, where this option is made available to Licensed User in the user interface; or (ii) by actually using the Programs, accessing the Website, or participating in the Transactions. In this case, Licensed User acknowledges and agrees that Released Parties will treat use of the Programs, access of the Website, or participation in the Transactions by Licensed User as acceptance of these Terms and Conditions from that point forward. Licensed User may not use the Programs, access the Website, or participate in the Transactions and may not accept these Terms and Conditions if: (i) Licensed User is not of legal age to form a binding contract with Released Parties; or (ii) Licensed User is an individual or entity barred from using the Programs, accessing the Website, or participating in the Transactions under the codes, laws, ordinances, and regulations of Federal, State, County, and local authorities of the United States or other countries, including the country in which Licensed User is resident or from which Licensed User uses the Programs, accesses the Website, or participates in the Transactions. Any individual or entity using the Programs, accessing the Website, or participating in the Transactions without the consent of Released Parties and in violation of these Terms and Conditions shall be an unauthorized user. Any such unauthorized user may not use the Programs, access the Website, or participate in the Transactions and is subject to any and all remedies and rights of Released Parties set forth in these Terms and Conditions and available at law or in equity.

 

2. Cancellation or Prohibition of Use, Access, and Participation; Termination of Licenses. Released Parties, in the sole and complete discretion of Released Parties, may elect to cancel or prohibit any use of the Programs, access of the Website, or participation in the Transactions and/or terminate any License for failure of Licensed User to comply with these Terms and Conditions.

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3. Purchase Price; Payment. The purchase price of the Programs shall be firm as set forth on the Website. The purchase price of the Programs shall not include applicable taxes or shipping and handling costs, if applicable. Payment is due in full at the time the order of the Programs is placed, unless otherwise agreed in writing by Released Parties.

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4. Inspection. The Programs are subject to satisfactory inspection upon receipt of the Programs by Licensed User. Licensed User shall make the inspection and return the Programs only pursuant to these Terms and Conditions and the return policies of Released Parties.

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5. Refunds. If the Programs are unsatisfactory to Licensed User after inspection, Licensed User shall notify Released Parties within twelve (12) hours of the date the order of the Programs is placed and Released Parties shall refund the purchase price of the Programs pursuant to these Terms and Conditions and the return policies of Released Parties.

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6. Sole and Exclusive Risk. The Programs and the Website shall be used and accessed at the sole and exclusive risk of Licensed User. Licensed User acknowledges and agrees that, if Licensed User finds anything on the Programs and the Website to be indecent, objectionable, offensive, or violent, then Licensed User should immediately discontinue his, her, or its use thereof and the use thereof by any minor. Licensed User acknowledges and agrees that the Programs cannot be purchased in parts and agrees to purchase the Programs in their entirety, although Licensed User shall select which portions are appropriate for use by any minor pursuant to these Terms and Conditions. Licensed User further acknowledges and agrees that Released Parties shall not be liable for any use of the Programs or access of the Website and Licensed User shall indemnify and hold harmless Released Parties from any harm resulting from use of the Programs or access of the Website, including, but not limited to, bodily injury, death, or property damage and file corruption, loss of data, service interruptions, or system errors. Released Parties reserve the right, but have no obligation to, filter, monitor, refuse, remove, or review any content from the Programs and Website from time to time, for any reason, without notice. Reserved Parties shall have the right, without notice, to investigate, to involve, and to cooperate with law enforcement authorities and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the Programs and the Website. This Paragraph shall survive the expiration or termination of these Terms and Conditions, the Programs, the Website, the Transactions, and the License.

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7. Disclaimer of Guarantees, Representations, and Warranties. The Programs and the Website are provided on an "as is" and "as available" basis. Released Parties makes no (and expressly disclaims any) guarantees, representations, or warranties with regard to the Programs, the Website, or the Transactions, including, but not limited to, guarantees, representations, or warranties with regard to the merchantability of the Programs or the Website, the fitness of the Programs or the Website for a particular purpose, and non-infringement. Released Parties makes no (and expressly disclaims any) guarantees, representations, or warranties that: (i) the Programs or the Website will meet the performance requirements of Licensed User or obtain specific results for Licensed User; (ii) the information or training provided pursuant to the Programs and the Website is accurate or reliable; (iii) use of the Programs or access of the Website will be free from error, secure, timely, or uninterrupted. No information, whether oral or written, obtained by Licensed User from Released Parties through the Programs, the Website, or the Transactions shall create any warranty not expressly stated in these Terms and Conditions.

 

8. License; Intellectual Property. Released Parties hereby grant to Licensed User and Licensed User hereby accepts from Released Parties one (1) prepaid, time-limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable license to use the Programs for personal, non-commercial, transitory viewing only, subject to the requirements and limitations in these Terms and Conditions (the "License") for each of the Programs purchased. As consideration for the License, Licensed User has paid to Released Parties the purchase price for the Programs. For each of the Programs purchased, the License shall include one (1) account, accessed through a login name and password. Sharing of access through the login name and password is prohibited, and multiple users using the same login and password will be automatically blocked from access to the account. Purchase of the Programs shall only include the grant of the License and shall not be construed as a transfer of title. Licensed User shall be a parent or guardian (or a mentor approved by a parent or guardian), who may use the Programs in connection with one (1) minor. If the Programs are used in connection with more than one (1) minor, then additional licenses shall be purchased by Licensed User from Released Parties. If the Programs are used without the supervision of a parent or guardian (or a mentor approved by a parent or guardian) or by an unauthorized number of users and/or category of user, including, but not limited to, sharing of access through the login name and password, then such users shall under no circumstances be licensed users and the License shall automatically terminate. In the event of automatic termination of the License, Release Parties shall have no further duties to Licensed User and shall not be obligated to provide Licensed User with a refund or reinstate the License. The Programs shall not be copied, displayed, distributed, downloaded, duplicated, exploited, licensed, modified, published, reproduced, sold, transmitted, or used for commercial or public purposes. Any attempt to decompile or reverse engineer the Programs or remove any copyright or other proprietary notations from the Programs shall result in the automatic termination of the License and Released Parties may pursue any and all remedies and rights in conjunction with such violation of these Terms and Conditions. The Programs are proprietary to and the intellectual property of Released Parties (or licensed to Released Parties by a third party) and the title thereto shall at all times during the term of these Terms and Conditions remain vested in Released Parties. Licensed User acknowledges and agrees that purchase and use of the Programs by Licensed User inures to the benefit of Released Parties and that Licensed User does not acquire any intellectual property rights in the Programs as a result of such use. Licensed User acknowledges and agrees that Released Parties are obligated to maintain quality standards in association with the Programs and that Released Parties may from time to time make inquiries or requests of Licensed User in order to confirm compliance with these Terms and Conditions or other matters regarding maintaining quality standards. Licensed User agrees to comply with such inquiries or requests. These Terms and Conditions do not grant any other intellectual property rights to Licensed User other than those specifically granted herein in conjunction with purchase and use of the Programs. Licensed User acknowledges and agrees that he, she, or it does not have any rights to use any intellectual property of Released Parties (or licensed to Released Parties by a third party) for any other purposes, including, but not limited to, copyrights, designs, ideas, improvements, inventions, patents, processes, service marks, trademarks, and trade names, of Released Parties (or licensed to Released Parties by a third party). The License shall automatically terminate in the event of any violation of these Terms and Conditions.

 

9. Account. To utilize the Website, Licensed User must create an account. Licensed User agrees to: (i) provide true, accurate, current, and complete account information; and (ii) maintain and promptly update the account information to keep it true, accurate, current, and complete. Released Parties may reject or terminate use of any account for any reason. Licensed User agrees to use the Programs only for purposes that are permitted by these Terms and Conditions and any applicable law. Licensed User is responsible for maintaining the confidentiality of the account information provided to Released Parties and all activities that occur under the account. If Licensed User discovers or suspects any unauthorized use of the account, Licensed User agrees to immediately notify Released Parties. Licensed User acknowledges and agrees that Released Parties may access, disclose, and preserve the account information if required to do so by any applicable law or in a good faith belief that such access, disclosure, or preservation is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms and Conditions; (iii) respond to requests of Licensed User for customer service; or (iv) protect the property, rights, or safety of Licensed User, Released Parties, or any third party. Licensed User further acknowledges and agrees that Released Parties may establish general practices and limits concerning use of the account, including, but not limited to, the maximum number of days the account information will be retained by Released Parties. Licenses User acknowledges and agrees that Released Parties have no responsibility or liability for the deletion or failure to store the account information.

 

10. Use of Programs and Access of Website by Minors. Minors may not purchase the Programs. Minors shall not be permitted to use the Programs or access the Website without a parent or guardian. A parent or guardian (or a mentor approved by a parent or guardian) shall preview the Programs or webpage of the Website to ensure that the content is appropriate, in his or her sole and complete discretion, for the minor to use and/or access. In addition, a parent or guardian (or a mentor approved by a parent or guardian) shall be present at all times while the Programs and the Website are being used and/or accessed. In the event that a parent or guardian purchases the Programs and determines that the content is not appropriate, in his or her sole and complete discretion, for the minor to use, the parent or guardian shall notify Released Parties within three (3) days of the date the order of the Programs is placed and Released Parties shall refund the purchase price of the Programs pursuant to these Terms and Conditions and the return policies of Released Parties. Parent or guardian shall have the sole and complete responsibility to avail himself or herself of the requirements and recommendations in these Terms and Conditions, including, but not limited to, this Paragraph. Released Parties shall have no liability to any parent, guardian, mentor, minor, or other individual or entity for the failure of the parent, guardian, mentor, or minor to follow the requirements and recommendations in these Terms and Conditions, including, but not limited to, this Paragraph. This Paragraph shall survive the expiration or termination of these Terms and Conditions, the Programs, the Website, the Transactions, and the License.

 

11. No Immigration Law Consultation Purpose. The Programs and the Website do not have any immigration law consultation purpose and have no such function, objective, use, or intention. Licensed User shall neither use the Programs nor access the Website for (or permit the use or access of) any immigration law consultation function, objective, use, or intention other than that expressly set forth in these Terms and Conditions, being solely for educational value. The Programs and the Website are not intended for or recommended for any individuals seeking legal council. Neither the Programs nor the Website shall be used or accessed for any such purposes.

 

12. Content. The content of the Programs and the Website, including, but not limited to, the copyrights, the designs (e.g., the graphics, icons, images, logos, pictures, text, icons, etc.), the ideas, the improvements, the information, the inventions, the patents, the processes, the software (including the html based computer programs), the service marks, the trademarks, the trade names, and the other materials are protected under any applicable copyright, patent, and trademark law (whether those rights happen to be registered or not, and wherever in the world those rights might exist). The service marks, trademarks, and trade names appearing on the Programs and the Website are the common law or registered trademarks of Released Parties (or licensed to Released Parties by a third party). No service mark, trademark, or trade name may be used without the express written consent of Released Parties, which consent may be withheld in the sole and complete discretion of Released Parties. All content on the Programs and the Website, including, but not limited to, content contained in advertisements, blogs, links, messages, posts, and videos, may be protected by intellectual property rights which are owned by the provider of the such content. The content on the Programs and the Website is the work product of Released Parties and all right, title, and interest belongs exclusively to Released Parties (or licensed to Released Parties by a third party). Licensed User shall not copy, display, distribute, download, duplicate, exploit, license, lease, loan, modify, publish, rent, reproduce, sell, transmit, or use for commercial or public purposes or create derivative works based on the content, whether in whole or in part, without the express written consent of Released Parties, which consent may be withheld in the sole and complete discretion of Released Parties. Licensed User agrees not to alter, obscure, or remove any proprietary rights notices (including copyright and trademark notices), which may be affixed to or contained within the Programs and the Website. Some content on the Programs and the Website may have been created using open source software and such content is governed by applicable licenses for such content. For more information regarding whether a particular aspect of the Programs and the Website is governed by an open source license, please contact Released Parties at webmaster@konkeros.com. By posting content, Licensed User: (i) grants an irrevocable, non-exclusive, royalty-free license to Released Parties to copy, display, distribute, download, duplicate, exploit, license, lease, loan, modify, publish, rent, reproduce, sell, transmit, or use for commercial or public purposes or create derivative works of such content, whether in whole or in part; and (ii) acknowledges and agrees that Released Parties are in no way responsible for and shall in no way have any liability related to any such content. Licensed User acknowledges and agrees that the Programs and the Website may be supported by advertising revenue and may display advertisements and promotions that may be targeted to the content of information stored on or queries made through the Programs or the Website. Licensed User shall not use any automated device or manual process to interfere or attempt to interfere with the functionality of the Programs or the Website.

 

13. Updates. The Website may automatically download and install updates from time to time. These updates are designed to improve, enhance, and further develop the Website and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions, as applicable. Licensed User agrees to receive such updates as part of his, her, or the use and access of the Website.

 

14. Website. Released Parties maintain the Website in an attempt to provide Licensed User with information about Released Parties, the Programs, the Website, and the Transactions. Although Released Parties attempt to provide information on the Website that they believes to be true, accurate, current, and complete in all material respects, Released Parties make no (and expressly disclaims any) representations or warranties with regard to the accuracy, truthfulness, currentness, or completeness of the information on the Website. Licensed User acknowledges and agrees that Released Parties do not endorse any of the content on the Website and agrees that reliance on such content shall be at the sole and complete risk of Licensed User, whether such content belongs exclusively to Released Parties (or licensed to Released Parties by a third party). The Programs and the Website may include hyperlinks to other websites or resources, and Licensed User acknowledges and agrees that Released Parties may have no control over and do not endorse any such websites or resources. Licensed User shall not use any crawler, robot, spider, or other automated device or manual process to monitor or copy the Website without the express written consent of Released Parties, which consent may be withheld in the sole and complete discretion of Released Parties.

 

15. Transmissions. Licensed User acknowledges and agrees that the transmissions through the Website shall be at the sole and complete risk of Licensed User. Released Parties make no (and expressly disclaims any) guarantees, representations, or warranties with regard to the safety or security of transmissions through the Website. Licensed User acknowledges and agrees that the Website may contain or that transmissions through the Website may result in malware, Trojan horses, spyware, viruses, worms, or other code that manifests contaminating or destructive properties. Released Parties assume no responsibility with regard to the safety or security of transmissions through the Website, including, but not limited to, file corruption, loss of data, service interruptions, and system errors, regardless of whether or not Released Parties had notice of safety or security matters.

 

16. Prohibited Conduct. In addition to any other prohibited conduct in these Terms and Conditions, Licensed User acknowledges and agrees that the following conduct is prohibited in connection with use of the Programs, access of the Website, and participation in the Transactions: (i) engaging in any activity that interferes with or disrupts the Programs, the Website, or the Transactions or the servers and networks connected thereto; (ii) using the Programs, accessing the Website, or participating in the Transactions for any fraudulent or illegal purpose or to gather personally identifiable information without prior consent; (iii) forging headers, manipulating identifiers, or engaging in any other conduct to disguise the origin of any content or alter any content; (iv) posting or linking to any content containing any indecent, objectionable, offensive, or violent content; (v) emailing, posting, transmitting, uploading, or otherwise making available any content that Licensed User does not have a right to make available under any applicable law or contractual or fiduciary relationship; (vi) emailing, posting, transmitting, uploading, or otherwise making available any content that infringes on proprietary or intellectual property rights of any individual or entity; (vii) emailing, posting, transmitting, uploading, or otherwise making available any content that contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) emailing, posting, transmitting, uploading, or otherwise making available any content for commercial purposes; or (ix) impersonating any individual or entity or falsely stating or other misrepresenting affiliation with any individual or entity. This Paragraph shall survive the expiration or termination of these Terms and Conditions, the Programs, the Website, the Transactions, and the License.

 

17. Contributions. By submitting documents, ideas, proposals, reviews, and suggestions or images, photographs, sounds, and videotapes to Released Parties, Licensed User acknowledges and agrees that: (i) contributions of Licensed User do not contain confidential or proprietary information; (ii) Released Parties are not under any obligation of confidentiality, whether express or implied, with respect to such contributions; (iii) Released Parties shall be entitled to use or disclose such contributions for any purpose; (iv) Released Parties may have something similar to such contributions already under consideration or in development; (v) such contributions automatically become the property of Released Parties without any obligation of Released Parties to Licensed User; and (vi) Licensed User is not entitled to any compensation or reimbursement of any kind from Released Parties under any circumstances. This Paragraph shall survive the expiration or termination of these Terms and Conditions, the Programs, the Website, the Transactions, and the License.

 

18. Compliance With Laws. Licensed User shall comply with any and all applicable codes, laws, ordinances, and regulations of Federal, State, County, and local authorities in the performance of these Terms and Conditions, including, but not limited to, use of the Programs, access of the Website, and participation in the Transactions. The codes, laws, ordinances, and regulations referenced above or use of the term "law" throughout these Terms and Conditions shall refer to and include codes, laws, ordinances, and regulations of Federal, State, County, and local authorities of the United States or other countries, including the country in which Licensed User is resident or from which Licensed User uses the Programs, accesses the Website, or participates in the Transactions, as applicable.

 

19. Breach; Remedies and Rights. Licensed User recognizes that irreparable damage will result to Released Parties in the event of a breach in the performance of these Terms and Conditions by Licensed User. In the event of a breach in the performance of these Terms and Conditions by Licensed User, Released Parties shall have the right to: (i) bring a legal action for damages, injunctive relief, or specific performance as may be available to Released Parties in any court of competent jurisdiction; and/or (ii) terminate use of the Programs, access of the Website, and participation in the Transactions. Released Parties shall also have any and all other remedies and rights available at law or in equity. Released Parties may exercise their remedies and rights concurrently and/or sequentially, as they deem appropriate from time to time, without impairing their ability to later exercise any other remedies or rights. This Paragraph shall survive the expiration or termination of these Terms and Conditions, the Programs, the Website, the Transactions, and the License.

 

20. Indemnification. Licensed User hereby agrees to indemnify, defend, and hold harmless Released Parties from and against and shall pay Released Parties for any and all causes of action, awards, claims, costs (including investigation costs and defense costs), damages (including incidental damages and consequential damages), diminution of value, expenses (including investigation expenses and defense expenses), fees (including reasonable attorneys' fees, whether at trial, on appeal, or in bankruptcy), judgments, liabilities, losses, and suits (collectively the "Damages"), whether or not involving a third party claim, arising, directly or indirectly, from, in connection with, or out of: (i) any breach in the performance of these Terms and Conditions by Licensed User; and/or (ii) any acts or omissions by Licensed User in connection with the performance of these Terms and Conditions. In the event there is a dispute between Licensed User and other users of the Programs and the Website, Licensed User acknowledges and agrees that Released Parties are under no obligation to become involved and Licensed User shall indemnify, defend, and hold harmless Released Parties as set forth in this Paragraph. The remedies and rights set forth in this Paragraph shall not be exclusive of, preclude, or limit any other remedies and rights at law or in equity that Released Parties may have. This Paragraph shall survive the expiration or termination of these Terms and Conditions, the Programs, the Website, the Transactions, and the License.

 

21. Disclaimers; Limitations; Releases of Liability. LICENSED USER ACKNOWLEDGES AND AGREES THAT USE OF THE PROGRAMS, ACCESS OF THE WEBSITE, AND PARTICIPATION IN THE TRANSACTIONS SHALL BE AT THE SOLE AND COMPLETE RISK OF LICENSED USER. SOLE AND COMPLETE RISK AS USED IN THESE TERMS AND CONDITIONS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE AND RISK OF FILE CORRUPTION, LOSS OF DATA, SERVICE INTERRUPTIONS, OR SYSTEM ERRORS. LICENSED USER ACKNOWLEDGES AND AGREES THAT LICENSED USER SHALL CONSULT WITH A MEDICAL PROFESSIONAL OR OTHER EXPERTS PRIOR TO USE OF THE PROGRAMS. Licensed User acknowledges and agrees that Released Parties disclaim any and all liability for any and all actions, claims, damages, demands, judgments, liabilities, and suits and any and all costs, expenses, fees, fines, and penalties, including, without limitation, attorneys fees and court costs, whether at trial, on appeal, or in bankruptcy, arising out of or caused by or in connection with, whether directly or indirectly, use of the Programs, access of the Website, or participation in the Transactions, including, without limitation, the functionality or safety thereof. Licensed User hereby unconditionally releases and forever discharges and agrees to defend, discharge, indemnify, release, waive, and hold harmless Released Parties from any and all actions, claims, damages, demands, judgments, liabilities, and suits and any and all costs, expenses, fees, fines, and penalties, including, without limitation, attorneys fees and court costs, whether at trial, on appeal, or in bankruptcy, arising out of or caused by or in connection with, whether directly or indirectly, use of the Programs, access of the Website, or participation in the Transactions, whether at law or in equity, whether known or unknown, whether accrued or unaccrued, or whether suspected or unsuspected, that Licensed User may have had, now has, or hereafter has against Released Parties, including, but not limited to, actions or claims for bodily injury, death, or property damage, actions or claims for file corruption, loss of data, service interruptions, or system errors, and/or actions or claims arising under contract law, tort law, or any other applicable law, whether or not there were acts of negligence by Released Parties. RELEASED PARTIES SHALL IN NO EVENT BE LIABLE FOR ANY COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES, including, but not limited to, any loss of profit, goodwill, or business reputation, any file corruption, loss of data, service interruptions, or system errors, or any cost of procurement or substitute of goods. Further, Released Parties shall in no event be liable for any damages arising out of the failure of License User to comply with these Terms and Conditions or any failure of Licensed User to keep user name, password, or other account information confidential and secure. Some jurisdictions do not allow for a limitation of liability. In such jurisdictions, liability is limited to the fullest extent permitted by any applicable law. In any event: (a) the liability of Released Parties shall be limited to the lesser of: (i) purchase price (actually paid) for the Programs; or (ii) One Hundred and 00/100 Dollars ($100.00); and (b) the statute of limitations for any actions or claims against Released Parties shall be limited to the lesser of: (i) the actual statute of limitations; or (ii) one (1) year after the action or claim against Released Parties first arose. This Paragraph shall survive the expiration or termination of these Terms and Conditions, the Programs, the Website, the Transactions, and the License.

 

22. Miscellaneous.

  • a. Acknowledgements. Licensed User acknowledges and agrees that: (i) Licensed User has carefully read these Terms and Conditions and understands their content and meaning; (ii) these Terms and Conditions are fair, reasonable, and not unduly restrictive; (iii) nothing in these Terms and Conditions is legal advice or shall be construed as legal advice; and (iv) Licensed User has had the opportunity to consult with his, her, or its own legal counsel with regard to these Terms and Conditions.

  • b. Applicable Law; Jurisdiction; Venue. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. The exclusive jurisdiction and venue for any legal action to enforce or interpret these Terms and Conditions or arising out of or caused by or in connection with a dispute between Released Parties and Licensed User regarding these Terms and Conditions shall be in the county/state courts of Florida located in Volusia County, Florida, or in the federal courts of Florida located in the Middle District of Florida, as applicable, and Released Parties and Licensed User hereby irrevocably consent and submit to the foregoing jurisdiction and venue to the exclusion of all others and waive any objection thereto.

  • c. Assignment. These Terms and Conditions may not be assigned by Licensed User in whole or in part. These Terms and Conditions may be assigned by Released Parties, in whole or in part, at any time, without notice.

  • d. Attorneys Fees. In connection with any action or claim arising out of or caused by or in connection with the enforcement or interpretation of these Terms and Conditions, the prevailing party shall be entitled to recover from the other all costs, expenses, and fees incurred by such prevailing party, including, but not limited to, reasonable attorneys’ costs, expenses, and fees, whether at trial, on appeal, or in bankruptcy.

  • e. Construction. The paragraph abbreviations, captions, and headings are used for convenience only and shall not be resorted to for interpretation of these Terms and Conditions. Whenever the context so requires, the masculine shall refer to the feminine, the singular shall refer to the plural, and vice versa. The existence of redundant provisions or apparently redundant provisions in these Terms and Conditions shall not necessarily be presumed to cause different meanings or requirements.

  • f. Correspondence; Notices. All correspondence, including, but not limited to, consents, notices, and waivers, as required in these Terms and Conditions shall be in writing sent (and shall be deemed duly given when sent) either by hand delivery, overnight courier, registered or certified U.S. Mail with postage prepaid and return receipt requested, or electronic transmission, including, but not limited to, electronic mail or facsimile transmission or transmission through the Programs, the Website, or the Transactions, and shall be effective at the last known physical address or email address of Released Parties and Licensed User, as applicable.

  • g. Entire Agreement. These Terms and Conditions and any documents referenced herein contain all the agreements, conditions, covenants, inducements, promises, and understandings between Released Parties and Licensed User and shall supersede all prior and contemporaneous agreements, conditions, covenants, inducements, promises, and understandings, whether expressed or implied and whether oral or written, except as otherwise set forth in these Terms and Conditions.

  • h. Force Majeure. Released Parties shall not be deemed in breach of these Terms and Conditions to the extent that performance of their obligations or attempts to cure any breach are delayed, prevented, or restricted by reason of any act of God, natural disaster, act of government, or any other act or condition beyond the reasonable control of Released Parties.

  • i. Joint Drafting. If an ambiguity or question of intent arises with respect to any provision of these Terms and Conditions, then these Terms and Conditions will be construed as if drafted jointly by Released Parties and Licensed User and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms and Conditions. j. Severability. In the event any one or more provisions contained in these Terms and Conditions shall, for any reason, be held illegal, invalid, or unenforceable in any respect, such illegality, invalidity, or unenforceability shall not effect any other provision hereof and these Terms and Conditions shall be construed as if such illegal, invalid, or unenforceable provision had not been contained herein.

  • j. Severability. In the event any one or more provisions contained in these Terms and Conditions shall, for any reason, be held illegal, invalid, or unenforceable in any respect, such illegality, invalidity, or unenforceability shall not effect any other provision hereof and these Terms and Conditions shall be construed as if such illegal, invalid, or unenforceable provision had not been contained herein.

  • k. Successors and Assigns. These Terms and Conditions and the agreements, conditions, covenants, inducements, promises, and understandings between Released Parties and Licensed User shall be binding upon, inure to the benefit of, and be enforceable by Released Parties and Licensed User and, to the extent permitted herein, their respective successors and assigns.

  • h. Force Majeure. Released Parties shall not be deemed in breach of these Terms and Conditions to the extent that performance of their obligations or attempts to cure any breach are delayed, prevented, or restricted by reason of any act of God, natural disaster, act of government, or any other act or condition beyond the reasonable control of Released Parties.

  • i. Joint Drafting. If an ambiguity or question of intent arises with respect to any provision of these Terms and Conditions, then these Terms and Conditions will be construed as if drafted jointly by Released Parties and Licensed User and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of these Terms and Conditions.

  • j. Severability. In the event any one or more provisions contained in these Terms and Conditions shall, for any reason, be held illegal, invalid, or unenforceable in any respect, such illegality, invalidity, or unenforceability shall not effect any other provision hereof and these Terms and Conditions shall be construed as if such illegal, invalid, or unenforceable provision had not been contained herein.

  • k. Successors and Assigns. These Terms and Conditions and the agreements, conditions, covenants, inducements, promises, and understandings between Released Parties and Licensed User shall be binding upon, inure to the benefit of, and be enforceable by Released Parties and Licensed User and, to the extent permitted herein, their respective successors and assigns.

  • l. Survival. These Terms and Conditions shall survive the expiration or termination of the License and continue to be binding upon Licensed User thereafter to the extent permitted and provided herein.

  • m. Time. Time is of the essence in these Terms and Conditions. Unless expressly specified as business days, any reference herein to time periods shall be treated as meaning calendar days. Any deadline which ends on a Saturday, Sunday, or legal holiday shall extend to 5:00 p.m. EST of the next full business day.

  • n. Waiver. No waiver under these Terms and Conditions of any breach or condition shall be deemed to be a continuing waiver or a waiver of any subsequent breach or condition. BY AGREEING TO THESE TERMS AND CONDITIONS, LICENSED USER HEREBY KNOWINGLY AND WILLINGLY WAIVES ANY RIGHT UNDER ANY APPLICABLE LAW TO A TRIAL BY JURY IN ANY ACTION OR CLAIM ARISING OUT OF OR CAUSED BY OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.

 

These Terms and Conditions shall be effective as of the moment of signing up and shall continue until amended, modified, replaced, revoked, or terminated. Released Parties shall have the right to amend, modify, replace, revoke, or terminate these Terms and Conditions and/or discontinue the Website or the Programs at any time and from time to time without notice to Licensed User or any third party.

 

Licensed User shall be deemed to have unconditionally accepted and be bound by these Terms and Conditions, including, but not limited to, any amendments, modifications, replacements, revocations, or terminations hereof, upon the earliest of the following to occur: (i) use of the Programs (and/or continued use after initial use); (ii) access of the Website (and/or continued access after initial access); or (iii) participation in the Transactions. Licensed User acknowledges and agrees that the acceptance of these Terms and Conditions are a condition to use of the Programs, access of the Website, and participation in the Transactions and that Released Parties are relying on the acceptance in delivery of the Programs and the Website. Continued use of the Programs, access of the Website, and participation in the Transactions after an amendment, modification, or replacement of these Terms and Conditions shall constitute acceptance of the same. These Terms and Conditions will continue to apply until terminated by either Licensed User or Released Parties. If Licensed User wished to terminate these Terms and Conditions, Licensed User may do so by: (i) notifying Released Parties at any time by sending written notice to webmaster@mamuto.co; (ii) closing the account of Licensed User, where this option is made available to Licensed User in the user interface; and (iii) ceasing use of the Programs, access of the Website, and participation in the Transactions. Released Parties may terminate these Terms and Conditions, without notice, including, but not limited to, if: (i) Licensed User has breached any provision of these Terms and Conditions; (ii) Released Parties are required to do so by any applicable law; or (iii) the Programs or the Website are discontinued or are no longer commercially viable.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF LICENSED USER DOES NOT WISH (OR IF LICENSED USER IS NOT ABLE OR AUTHORIZED) TO UNCONDITIONALLY ACCEPT AND BE BOUND BY THESE TERMS AND CONDITIONS, THEN DO NOT USE THE PROGRAMS, ACCESS THE WEBSITE, OR PARTICIPATE IN THE TRANSACTIONS. PLEASE REREAD THESE TERMS AND CONDITIONS CAREFULLY FROM TIME TO TIME TO BE AWARE OF ANY AMENDMENTS, MODIFICATIONS, REPLACEMENTS, REVOCATIONS, OR TERMINATIONS WITH REGARD HERETO.

LICENSED USER ACKNOWLEDGES AND AGREES THAT USE OF THE PROGRAMS, ACCESS OF THE WEBSITE, AND PARTICIPATION IN THE TRANSACTIONS SHALL BE AT THE SOLE AND COMPLETE RISK OF LICENSED USER, INCLUDING, BUT NOT LIMITED TO, RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE, AND RELEASED PARTIES DISCLAIM ANY AND ALL LIABILITY FOR ANY AND ALL ACTIONS AND CLAIMS AGAINST RELEASED PARTIES ARISING OUT OF OR CAUSED BY OR IN CONNECTION WITH USE OF THE PROGRAMS, ACCESS OF THE WEBSITE, OR PARTICIPATION IN THE TRANSACTIONS. LICENSED USER ACKNOWLEDGES AND AGREES THAT THIS RELEASE IS A FULL AND FINAL BAR TO ANY AND ALL ACTIONS AND CLAIMS AGAINST RELEASED PARTIES ARISING OUT OF OR CAUSED BY OR IN CONNECTION WITH USE OF THE PROGRAMS, ACCESS OF THE WEBSITE, OR PARTICIPATION IN THE TRANSACTIONS.

 

Please direct any and all comments and questions regarding or any and all violations of these Terms and Conditions or any other matters to webmaster@mamuto.co or the applicable individual or entity set forth in the "Contact Us" area of the Website.

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