Terms & Conditions

Welcome to www.maana.io (this “Website”). This Website is owned and operated by Maana, Inc., a Delaware corporation (collectively “Maana,” “we,” “our,” or “us”) to provide information about, among other things, our company, services and contact details. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using this Website.

IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS OF USE (THESE “TERMS”) CONSTITUTE A LEGALLY BINDING CONTRACT, WHICH GOVERN YOUR USE OF THIS WEBSITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS WEBSITE YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. MAANA MAY, IN ITS SOLE DISCRETION, MODIFY OR REVISE THESE TERMS AT ANY TIME BY UPDATING THIS POSTING. YOU ARE BOUND BY ANY SUCH MODIFICATION OR REVISION AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS WEBSITE.

Authorized Use

Subject to these Terms, we authorize you to view and download the information and other materials at or through this Website only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not, without the prior written permission of Maana, “mirror” any material contained on this Website on any other server.

Ownership

You acknowledge and agree that the content displayed on or through this Website, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

The “Maana logo” and certain other words and logos displayed on this Website and which may or may not be designated on this Website by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of Maana or other entities. You are not authorized to use any such Marks without our prior written consent. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any information displayed on this Website, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us.

Disclaimers

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE OR THE CONTENT SHALL BE AT YOUR SOLE DISCRETION AND RISK. THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MAANA DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. MAANA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE OR THE CONTENT OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE OR THE CONTENT.

Limitation of Liability

IN NO EVENT SHALL MAANA OR ITS AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS WEBSITE.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Maana, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Website or the Content or your breach of any representations, warranties, covenants or obligations contained in these Terms.

Links to Other Sites

This Website may provide links to third-party websites or resources and contain third-party advertisements. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Website provides links to or that provide links to this Website, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third party advertisements which are posted on this Website, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or providers of goods or services found on or through this Website and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.

 

General

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. If any dispute relating in any way to these Terms or your use of this Website shall be submitted to confidential arbitration in Palo Alto, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.