TERMS and CONDITIONS
Mana o Toa Military Mentoring, LL
Terms and Conditions
These terms and conditions apply to ManaoToa.com and any ManaoToa mobile application, and all other ManaoToa websites, apps, developer platforms and other products and services (collectively, the “Services”). When you use our Services, you are entering into a legal agreement and you agree to all of these terms.
You agree that by registering, accessing or using our Services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a company) with ManaoToa, Inc. (each, “ManaoToa,” “us,” or “we”).
Registered users of our Services are “Members.”
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and you are at least 18 years or older.
To use the Services, you agree that
(1) you are at least 18;
(2) you will only have one ManaoToa account, which must be in your real name; and
(3) you are not already restricted by ManaoToa from using the Services.
2.2. Your Membership
You'll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law. As between you and others, your account belongs to you.
You agree to:
(1) try to choose a strong and secure password;
(2) keep your password secure and confidential;
(3) not transfer any part of your account (e.g., connections, groups) and
(4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
2.3. Notices and Service Messages
You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
You can review your personal settings to determine what type of messages you receive from us.
Rights and Limits
3.1. Your License to ManaoToa
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We'll honor the choices you make about who gets to see your information and content. You promise to only provide information and content that you have the right to share, and that your ManaoToa profile will be truthful.
As between you and ManaoToa, you own the content and information that you submit or post to the Services and you are only granting ManaoToa the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
A. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
3.2. Service Availability
We may change or discontinue any of our Services. We can't promise to store or keep showing any information.
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
3.3. Other Content, Sites and apps
When you see or use others' content and information posted on our Services, it's at your own risk.
ManaoToa generally does not review content provided by our Members. You agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.
We have the right to limit how you connect and interact on our Services.
We're providing you notice about our intellectual property rights.
ManaoToa reserves the right to limit your use of the Services, including your ability to contact other Members. ManaoToa reserves the right to restrict, suspend, or terminate your account if ManaoToa believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do’s and Don’ts).
ManaoToa reserves all of its intellectual property rights in the Services. For example, ManaoToa, “ManaoToa” logos and other ManaoToa trademarks, service marks, graphics, and logos used in connection with ManaoToa are trademarks or registered trademarks of ManaoToa. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, MANAOTOA (AND THOSE THAT MANAOTOA WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS MANAOTOA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), MANAOTOA (AND THOSE THAT MANAOTOA WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MANAOTOA AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF MANAOTOA HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
ManaoToa or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your feedback; and
Sections 4, 6 and 7 of this Agreement;
In the unlikely event we end up in a legal dispute, it will take place in Texas courts, applying Texas law.
You agree that the laws of the State of Texas, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Bexar County, Texas, USA, and we each agree to personal jurisdiction in those courts.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that ManaoToa has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent.
However, you agree that ManaoToa may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in
8. ManaoToa “DOs” and “DON’Ts.”
You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; Provide accurate information to us and keep it updated; Use your real name on your profile; Use the Services in a professional manner.
8.2. Don'ts. You agree that you will not:
Solicit other members of the ManaoToa community nor solicit members to do so on your behalf;
Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by ManaoToa);
Use an image that is not your likeness or a head-shot photo for your profile;
Create a false identity on ManaoToa;
Misrepresent your current or previous positions and qualifications;
Misrepresent your affiliations with a person or entity, past or present;
Misrepresent your identity, including but not limited to the use of a pseudonym;
Create a Member profile for anyone other than yourself (a real person);
Use or attempt to use another's account;
Harass, abuse or harm another person;
Send spam or other unwelcomed communications to others;
Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
Violate the intellectual property or other rights of ManaoToa, including, without limitation, using the word “ManaoToa” or our logos in any business name, email, or URL;
Post anything that contains software viruses, worms, or any other harmful code;
Copy or use the information, content or data of others available on the Services (except as expressly authorized);
Copy or use the information, content or data on ManaoToa in connection with a competitive service (as determined by ManaoToa);
Copy, modify or create derivative works of ManaoToa, the Services or any related technology (except as expressly authorized by ManaoToa);
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
Imply or state that you are affiliated with or endorsed by ManaoToa without our express consent (e.g., representing yourself as an accredited ManaoToa trainer);
Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
Collect, use, copy, or transfer any information obtained from ManaoToa without the consent of ManaoToa;
Share or disclose information of others without their express consent;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
Monitor the Services' availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
Access the Services except through the interfaces expressly provided by ManaoToa, such as its mobile applications and ManaoToa.com;
Override any security feature of the Services;
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
How to Contact Us
If you want to send us notices or service of process, please contact us:
Online: OR BY MAIL at:
Mana o Toa Military Mentoring, LLC
P.O. Box 242771, San Antonio, TX 78224