TERMS OF USE
These Terms of Use were last revised on February 17, 2024.
Manage It, LLC, a Nevada limited liability company Manage It, LLC (“Manage It” “us”, “we”, or “our”) provides the ManageIt.com site and related goods and services, including the Manage It software as a service for e-signing, invoicing, scheduling, and other features, any and all mobile applications, online software, and other services (collectively, the “Manage It Service”) subject to your compliance with the terms and conditions set forth below. Your use of the Manage It Service signifies your acknowledgement of and agreement to these Terms of Use.
1. MANAGE IT SERVICE
1.1. Access and Use License. Subject to the terms and conditions of these Terms of Use, Manage It hereby grants you a non-exclusive, non-sublicensable, non-transferable, license to access and use the Manage It Service, solely as set out in these Terms of Use and solely for your internal business purposes.
1.2. Account Creation. In order to access some features of the Manage It Service, you will have to create an account. You may never use another’s account. When creating your account, you must provide accurate and complete information. Should any of your information change after submitting it to the Manage It Service, you are required to update that information immediately.
1.3. Account Activity. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Manage It immediately of any breach of security or unauthorized use of your account. Although Manage It will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Manage It or others due to such unauthorized use.
1.4. Automated Systems. You agree not to use or launch any automated system, including without limitation, “scrapers,” “robots,” “spiders,” and “offline readers” that access the Manage It Service. You agree not to collect or harvest any personally identifiable information, including account names, from the Manage It Service, nor to use the communication systems provided by the Manage It Service for any commercial solicitation or illegal or improper purposes.
1.5. Termination of Account. You agree that Manage It, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Manage It Service (or any part thereof), immediately and without notice, and remove and discard any content within the Manage It Service, for any reason, including, without limitation, if Manage It believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Manage It shall not be liable to you or any third-party for any termination of your access to the Manage It Service. Further, you agree not to attempt to use the Manage It Service after said termination.
1.6. Termination of Service. Manage It may modify, suspend, discontinue or restrict the use of any portion of the Manage It Service, including the availability of any portion of the content at any time, without notice or liability. The Manage It Service may deny access to any registered member or other user at any time for any reason, or no reason at all in our sole discretion. In addition, the Manage It Service or Manage It may at any time transfer rights and obligations under these Terms of Use to any Manage It affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires Manage It, the Manage It Service or any of their respective assets. You agree that Manage It shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service.
1.7. Third Party Links. The Manage It Service may contain links to third party websites that Manage It does not own or control. Manage It assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Manage It will not and cannot censor or edit the content of any third-party site. You expressly relieve Manage It from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Manage It Service and to read the terms and conditions and privacy policy of other websites that you visit.
1.8. Consent to Electronic Service. When you use the Manage It Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Manage It Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
1.9. Third-Party Services. The Manage It Service relies on third-party platforms, servers, and services, including hosting, internet, and telecommunications services. These services may not be available everywhere, or at all times. In addition, the Manage It Service may be displayed on internet browser software, computers, or mobile devices, which may apply updates to their software which cause the Manage It Service to “break” or lose functionality. You agree that Manage It shall not be liable to you or your business for any loss of functionality to the Manage It Service caused in whole, or in part, by any third-party’s actions or inactions. You further excuse any non-performance by Manage It and agree that Manage It shall not be liability for any damages to you or your business caused in whole or in part by an act or omission of a third-party, or by any equipment failure, software error, update to a third-party platform, facility failure, or other causes beyond Our control.
1.10. Changes to Manage It Service. Manage It may, in its sole discretion, make any changes to the Manage It Service that it deems necessary or useful, including to maintain or enhance its products or services, to achieve cost efficiency or performance, or to comply with applicable laws. Manage It may modify, suspend, discontinue, or restrict the use of any portion of the Manage It Service, without notice or liability. The Manage It Service may deny access to you at any time for any reason, or no reason in Our sole discretion. You agree that Manage It shall not be liable to you, your business, or to any third party for any lack of access, modification, suspension, or discontinuance of any service.
2. CUSTOMER DATA / INTERACTIVE FEATURES
2.1. Customer Data. The Manage It Service may allow for the entering or importation of data supplied by the you, your clients, companies you do business with, and other users (“Customer Data“). Customer Data also includes, but is not limited to, calendar information, contact information, billing and invoicing information, e-sign information, direct messaging between users, profile submissions, and any other interactive area of the Manage It Service. If Customer Data is entered or uploaded to the Manage It Service, you represent and warrants that:
(a) You have the right to upload and use the Customer Data on the Manage It Service as contemplated by these Terms of Use, and have obtain all necessary consents and licenses to do so;
(b) Uploading and using the Customer Data on the Manage It Service does not and will not violate any right of any third-party, including intellectual property right, trade secret, confidentiality, or right of privacy;
(c) Uploading and using the Customer Data on the Manage It Service does not and will not violate, breach, or conflict with any contract or license with any third-party.
2.2. Compliance with HIPPA. If Customer Data includes any data protected by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Customer is solely responsible for compliance with all HIPAA rules and regulations.
2.3. Ownership of Customer Data. As between you and Manage It, you own your Customer Data. You grant Manage It a worldwide, limited license to host, copy, backup, store, record, transmit, display, view, compile statistics on or otherwise use the Customer Data, as reasonably necessary for Manage It to provide the Manage It services, monitor the services, and improve the services. Manage It further has the right to use all meta data for Customer Data and any de-identified Customer Data for statistical or other purposes. Subject to the limited licenses granted in these Terms of Use to Manage It, Manage It acquires no right, title, or interest from you in or to any Customer Data.
2.4. Communications. You acknowledge that the interactive features on the Manage It Service are for limited purposes and are not for highly confidential private communications. You acknowledge that you have no expectation of privacy with regard to any content you submit to the Manage It Service. Manage It cannot guarantee the security of any information you disclose through the Manage It Service. You make such disclosures at your own risk. Manage It has no obligation to retain or provide you copies of Customer Data.
2.5. Restrictions. By posting or uploading Customer Data to the Manage It Service or by using any other interactive area of the website, you specifically agree to comply with each of the following:
(a) You will not post or transmit any material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
(b) If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the material, or (ii) secured from your employer a waiver as to all rights in or to the material.
(c) You have fully complied with any third-party licenses relating to the material you post or transmit and have done all things necessary to successfully pass through to Manage It any required terms.
(d) You will not post or transmit any material that is false, deceptive, misleading, or deceitful.
(e) You will not post or transmit any material that is abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
(f) You will not post or transmit any material that deceptively impersonates any person or entity.
(g) Your username or the material you submit is not named in a manner that misleads users into thinking that you are another person or company.
(h) You will not post content that constitutes or contains any form of advertising or solicitation or for commercial purposes.
(i) You will not post or transmit any software or computer files that contains malware, computer viruses, worms, Trojan horses, rootkits, spyware, adware, and other malicious or unrequested software, computer code, or file.
(j) You will not post or transmit any content that is intended to promote or commit an illegal act.
Failure to comply with the above rules may lead to you being immediately and permanently banned, with notification to law enforcement and/or your internet service provider.
2.6. Responsibility. You are and shall remain solely responsible for any and all Customer Data you post, upload, or which is posted or uploaded through your account. You acknowledge that any information you disclose through the Manage It Service can be accessed by Manage It and any resellers or developers who may have access to your account. Accordingly, you should exercise caution when deciding to disclose any information on the Manage It Service. Any such disclosures are at your own risk.
2.7. Customer Data from Clients and Third Parties. You understand that when using the Manage It Service, you will be exposed to Customer Data from a variety of sources, including items posted by your own clients and companies you do business with, and that Manage It is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Customer Data. You further understand and acknowledge that you may be exposed to Customer Data that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Manage It with respect thereto, and agree to indemnify and hold Manage It, its owners, operators, affiliates, and agents, licensors and licensees, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
2.8. Views and Opinions. Customer Data, including Customer Data from your own clients or companies you do business with, may contain the views and opinions of individual content authors. Manage It does not endorse any Customer Data or any opinion, recommendation, or advice expressed therein, and Manage It expressly disclaims any and all liability in connection with Customer Data.
2.9. No Pre-Screening. Manage It does not prescreen Customer Data submitted and Manage It has no duty to monitor any interactive area of its website. Although we may monitor or review Customer Data from time to time, we do not actively monitor the Customer Data of the interactive areas, including messages sent by your clients, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her Customer Data, and we are not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted, in each case as we deem appropriate. Manage It may refuse to post, deliver, remove, modify, or otherwise use or take any action with respect to any submission in any Manage It Service.
2.10. Restrictions on Export. You may not remove or export from the United States or allow the export or re- export of anything related to a Manage It Service, or any direct product thereof in violation of any restrictions, laws or regulations of any United States or foreign agency or authority.
2.11. DFARS. The Manage It Service and any documentation provided by Manage It are deemed to be “commercial computer software” and “commercial computer software documentation” pursuant to Defense Federal Acquisition Regulation Supplement, codified under Chapter 2 of Title 48, United States Code of Federal Regulations, Section 227.7202, and Federal Acquisition Regulation, codified in Title 48 of the United States Code of Federal Regulations, Section 12.12. Any use, modification, reproduction, release, performance, display, or disclosure of the Software or documentation by the United States Government is governed solely by these Terms of Use and is prohibited except to the extent expressly permitted by these Terms of Use.
2.12. Ownership of Manage It Service. Manage It shall own and retain all right, title, and interest in and to (i) the Manage It Service and all improvements, enhancements, or modifications thereto, (ii) any software, applications, inventions, or other technology developed in connection with the Manage It Service or any Statement of Service, and (iii) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, “Manage It IP”). To the extent you acquire any right, title, or interest in any Manage It IP, you hereby assign all of your right, title, and interest in such Manage It IP to Manage It.
2.13. Statistical Information. Manage It owns the aggregated and statistical data derived from the operation of the Manage It Service, including, without limitation, meta data for Customer Data, de-identified Customer Data the number of records in the Manage It Service, the number and types of transactions, configurations, and reports displayed and processed in the Manage It Service and the performance results for the Manage It Service (the “Statistical Information”). Nothing in this Agreement shall be construed as prohibiting Manage It from utilizing the Statistical Information for purposes of providing or improving the Manage It Service, benchmarking the Manage It Service, preparing statistics and system metrics, or using the Statistical Information for advertising, marketing, and branding purposes. We may also use Customer Data for machine learning to support and develop features and functionality within the Manage It Service and similar products and services.
3. PURCHASE OF SERVICES
If you purchase services from us, the following provisions will apply in addition to the other Terms of Use.
3.1. Payments / Fees. The Manage It Service may have recurring subscription fees disclosed at the time of the initial enrolment. You are responsible for such recurring fees according to the terms and conditions of the Manage It Service. Subscription and membership fees are subject to change at any time at the sole and absolute discretion of Manage It.
3.2. Automatic Recurring Billing. In accordance with the terms and conditions of the Manage It Service, subscription fees may be automatically renewed at or after the end of the original term selected, for a similar period of time and for a similar or lower amount, unless notice of cancellation is received from you. Unless and until your subscription is cancelled in accordance with the Terms of Use, you hereby authorize Manage It to charge your chosen payment method to pay for the ongoing cost of membership. You hereby further authorize Manage It to charge your chosen payment method for any and all additional purchases of materials you purchase on the Manage It Service.
3.3. Rejection of Orders. Manage It may reject your order for any reason. Reasons for rejecting an order include:
(a) pricing error;
(b) unavailability;
(c) rejection of payment;
(d) suspected fraudulent activity; or
(e) orders connected with a previous credit card dispute.
3.4. Sales Tax. Manage It charges sales tax where required by law. If sales tax is charged, the appropriate charges will be added to your purchase and displayed in your shopping cart and on your invoice.
3.5. Price Changes. Manage It may change the price of any membership tier, item, or service at any time.
3.6. Cancellation. At any time, and without cause, subscription to the service may be terminated by you, Manage It, or the Manage It Service. When you cancel, you are liable all for charges incurred up to and including through your current subscription period. Once you cancel a subscription, it will result loss of access to at the end of your current subscription period. Cancelation requests may take up to 3 business days.
3.7. Cardholder Disputes/Chargebacks. All chargebacks are thoroughly investigated and may prevent you from making future purchases for other Manage It Service products and/or services.
3.8. Fraudulent Activities. Manage It will prosecute to the fullest extent of the law any fraudulent activities related to any chargebacks or reversals of a valid charge for an order.
3.9. Returns / No Warranties. There are no product or service warranties of any kind. Subscriptions and digital content are not eligible to be returned or exchanged.
3.10. Authorization of Use. Any subscription you purchase grants you a single right of access. This right of access is authorized for the sole use by one (1) subscriber. You may not under any circumstances transfer your access right to any other person or entity. You are required to keep your access rights strictly confidential. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, you must immediately notify Manage It of the security breach.
4. RESELLERS / DEVELOPERS
If you have signed up for a reseller/developer account (“Developer Account”) for the Manage It Service, the following provisions will apply in addition to the other Terms of Use.
4.1. Access to the Developer Dashboard. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right, non-sublicensable license, to access, and use the online services to white label the Manage It Services (“White Label Services”) and to otherwise set up, monitor, and use the Manage It Services for your clients (“Developer Dashboard”). We may set and enforce limits and restrictions on the Developer Dashboard and may change the limits and restrictions at any time by modifying the Developer Dashboard functionality.
4.2. Developer Documentation. When using our Developer Dashboard you must comply with the technical documentation, usage guidelines, and other documentation maintained at the Developer Dashboard or otherwise made available to you (“Developer Documentation”).
4.3. Terms for Clients. In addition to any other restrictions or requirements you require for your clients, your clients must agree to bound by these Terms of Use and Our Privacy Policy.
4.4. Limits and Restrictions on Use. When using a Developer Account, the Developer Dashboard, and any related tools and services, you agree to abide by the following limits and restrictions:
(a) You will not use the Developer Dashboard in a way that violates these Terms of Use, Developer Documentation, or any of our posted guidelines and restrictions.
(b) You will not attempt to reverse engineer our products and services or otherwise modify the Developer Dashboard or any Manage It Service.
(c) You will not cache or store any Customer Data other than for reasonable and lawful periods in order to provide your White Label Services.
(d) You will not attempt to bypass the limitations in the Developer Dashboard and stated in the Developer Documentation.
(e) You will not engage in any deceptive, misleading, illegal, or unethical activities, or activities that otherwise may be detrimental to the Manage It or the Manage It Services.
4.5. Customer Data Permissions. When using a Developer Account, the Developer Dashboard, and any related tools and services, you agree to the following requirements:
(a) You must follow all applicable laws and regulations when accessing or processing Customer Data.
(b) You must obtain express permission from each Customer before you access their Manage It Account or Customer Data. You agree only to retrieve or access Customer Data to the extent authorized and consented to by the Customer. You must obtain express permission from each Customer before you share their data with any third parties.
(c) You will ensure that all Customer Data is collected, processed, transmitted, maintained, and used in accordance with: (i) your agreement(s) with the customer, a legally adequate privacy policy which) covers what information you collect and how it will be used, stored, processed, protected, (ii) appropriate contextual notices to and consents from end users, (iii) all laws and regulations.
(d) Content and Customer Data accessible through the Developer Dashboard may be subject to intellectual property rights, and, if so, you may not use it unless you are licensed to do so by the owner or are otherwise permitted by law.
(e) To the extent that you submit any content via the Developer Dashboard, you give us a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use that content for the purpose of providing the Developer Dashboard and the Manage It Services.
4.6. Security.
(a) You will always use and have in place, appropriate administrative, physical, and technical safeguards that (i) meet or exceed industry standards with respect to the sensitivity of the data you are accessing or providing; (ii) are compliant with applicable laws and regulations (including data security and privacy laws and regulations), and (iii) are designed to prevent unauthorized access, use, processing, storage, destruction, loss, alteration, disclosure of personal data and Customer Data.
(b) You will keep all developer credentials that we issue to you confidential and not make them publicly available or disclose them to third-parties. You will work with us to immediately correct any security deficiency.
(c) If your White Label Services or systems experience a security deficiency or intrusion, you will coordinate with us on any public statements (e.g. press, blog posts, social media, etc.) before publishing them.
4.7. Monitoring. You agree that we may monitor your use of the Developer Dashboard to ensure quality, security, improve our products and services, and verify your compliance with the Platform Policy and these Terms. You agree to assist us with this monitoring by providing us with information about your White Label Services, data security and protection practices, and storage of Customer Data, which may also include access to your White Label Services and other materials related to your use of the Developer Dashboard.
4.8. Termination. If you do not demonstrate full compliance with these Terms or Use, we may restrict or terminate your access to the Developer Dashboard or Developer Account with or without notice to you.
5. INTELLECTUAL PROPERTY INFORMATION
5.1. Ownership. Other than Customer Data, all content on the Manage It Service, including without limitation, the text, software, scripts, tools, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Manage It. The Content and Marks are protected to the maximum extent permitted by intellectual property laws and international treaties. The Manage It Service is protected by copyright law, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
5.2. Derivative Works / Redistribution Prohibited. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Manage It.
5.3. Reproduction Prohibited. You further agree not to reproduce, duplicate or copy Content from the Manage It Service without the express written consent of Manage It, and agree to abide by any and all copyright and other legal notices displayed on the Manage It Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Manage It Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Manage It Service.
5.4. Embedded Content / Frames. You may not embed the Manage It Service or place the Manage It Service within inline links, frames, or iframes.
6. WARRANTY DISCLAIMER
6.1. THE MANAGE IT SERVICE, INCLUDING ANY CONTENT, CUSTOMER DATA, OR ANY SITE-RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MANAGE IT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
6.2. MANAGE IT MAKES NO WARRANTY THAT: (I) THE MANAGE IT SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE MANAGE IT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MANAGE IT SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE MANAGE IT SERVICE WILL BE CORRECTED.
6.3. MANAGE IT IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, OR ANY OTHER THIRD PARTY AND MANAGE IT WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED HEREIN.
6.4. YOU ACKNOWLEDGE THAT MANAGE IT HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS AND SERVICES ADVERTISED ON THE MANAGE IT SERVICE, THE TRUTH OR ACCURACY OF ANY CUSTOMER DATA.
6.5. MANAGE IT, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE MANAGE IT SERVICE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE MANAGE IT SERVICE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MANAGE IT SERVICE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE MANAGE IT SERVICE AND/OR THOSE SERVICES.
6.6. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
7. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT MANAGE IT IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, MANAGE IT IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MANAGE IT, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MANAGE IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
8. UNSOLICITED MATERIAL AND IDEAS
8.1. We are happy to hear from users and welcome feedback regarding the Manage It Service. However, if you transmit unsolicited submissions to us through the Manage It Service or otherwise, you grant Manage It a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable, assignable and transferrable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store, and create derivative works from such submissions, and you understand and agree that such submissions may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted, or otherwise used as Manage It sees fit.
8.2. By using the Manage It Service and transmitting an unsolicited submission to us, you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against the Manage It Service, Manage It and its affiliated companies, officers, directors or employees relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality, even if material or an idea is used that is or may be substantially similar to the idea you sent.
9. INDEMNITY
9.1. You agree to defend, indemnify and hold harmless Manage It, its affiliated companies, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) your use of and access to the Manage It Service;
(b) your participation in any interactive area of the Manage It Service and any material posted by you thereto.
(c) your violation of any term of these Terms of Use;
(d) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(e) your violation of any law, rule or regulation of the United States, any state, or any other country;
(f) any claim that Customer Data posted by you or using your account caused damage to another party;
(g) Any claim that you improperly used your Customer Data or another party’s Customer Data; and
(h) any other party’s access and use of the Manage It Service with your account.
9.2. This defense and indemnification obligation will survive these Terms of Use and any termination of your use of the Manage It Service.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
10.1. Infringement Not Permitted. Manage It does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Manage It will remove any content if properly notified that such content infringes on another’s intellectual property rights. Manage It reserves the right to remove any content without prior notice.
10.2. DMCA Notice. If you are a copyright owner or an agent thereof and believe that any Customer Data or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(e) 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
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Manage It, LLC
Attn: Copyright Agent
6545 S. Fort Apache, Suite 135 – #415
Las Vegas, NV, 89148
copyright@ManageIt.com
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
10.3. Counter-Notice. If you believe that your Customer Data that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Customer Data, you may send a counter-notice containing the following information to the Copyright Agent:
(a) Your physical or electronic signature;
(b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Las Vegas, Nevada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
10.4. Effect of Counternotice. If a counter-notice is received by the Copyright Agent, the Manage It Service may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Manage It Service’s sole discretion.
11. PRIVACY POLICY
11.1. Manage It has established a Privacy Policy to explain to users how personal information is collected and used, which is located at the following web address:
11.2. Your use of the Manage It Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Manage It may, in its sole discretion, preserve or disclose content posted by you, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms of Use, or respond to claims from third-parties.
12. GOVERNING LAW / DISPUTES
12.1. You agree that the Manage It Service shall be deemed solely based in the State of Nevada.
12.2. The Manage It Service shall be deemed a passive website that does not give rise to personal jurisdiction over Manage It, either specific or general, in jurisdictions other than Nevada.
12.3. Governing Law / Jurisdiction. These Terms of Use will be governed and interpreted in accordance with the internal laws of the State of Nevada applicable to agreements entered into and to be wholly performed therein, without regard to principles of conflict of laws. If any provision of this Agreement is found to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms of Use, which shall remain in full force and effect. These Terms of Use are governed by a mandatory arbitration clause set out below, however, if a court is necessary in whole or in part to enforce these Terms of Use, You consent and submit to the sole and exclusive jurisdiction of the state and federal courts located in Clark County, Nevada and waive any objection to personal jurisdiction, to venue, or to convenience of forum.
12.4. Disputes. Any dispute, claim or controversy arising out of or relating to the Manage It Service, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Las Vegas, Nevada, before one arbitrator. At the option of the first to commence an arbitration, the arbitration shall be administered either by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or by the American Arbitration Association pursuant to its Commercial Arbitration Rules. The arbitrator may not award any consequential, indirect, exemplary, special or incidental damages arising from or relating to your use of the Manage It Service (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss). Judgment on the Award may be entered in any court having jurisdiction. You and we will each pay one-half of the costs and expenses of such arbitration, and each of the parties will separately pay their counsel fees and expenses. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court in Clark County, Nevada to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, trademarks, and trade secrets, but not privacy or publicity rights). For any actions brought in court, You and Manage It consent to the sole and exclusive jurisdiction of the courts located in Clark County, Nevada, including for acts occurring outside of the United States
12.5. Statute of Limitations. You agree to file any claim regarding any aspect of the Manage It Service or these Terms of Use within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
12.6. Class Action Waiver. You agree that any arbitration shall be conducted in your individual capacity only and not as a class action or other representative action, and you expressly waive your right to file a class action or seek relief on a class basis. YOU AND Manage It AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
13. ASSIGNMENT / MODIFICATION
13.1. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Manage It may assign these Terms of Use, and any rights and license granted hereunder without restriction.
13.2. Modification. We reserve the right to amend these Terms of Use at any time. If we do this, we will post the amended Terms of Use on this page and indicate at the top of the page the date the Terms of Use were last revised. The most current version of these Terms of use will supersede all previous versions. Your continued use of the Manage It Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Manage It Service.
14. ABILITY TO ACCEPT TERMS OF USE
You hereby declare, represent and warrant that you (either personally or through parental or guardian consent) are fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in these Terms of Use. The Manage It Service is not directed to persons under 18. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
15. CONSENT
By using the Manage It Service in any way you are agreeing to comply with these Terms of Use. In addition, when using a particular service, you agree to abide by any applicable posted guidelines, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Manage It Service in any way, your only recourse is to immediately discontinue your use of the Manage It Service.