PLEASE NOTE THAT SECTION 12 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW DISPUTES BETWEEN YOU AND MANN’S MAY BE RESOLVED.
1. Modifications and Termination
We reserve the right to modify the Site at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using the Site at any time.
2. Your Account
You may be required to create an account and specify a password in order to make purchases or use certain features on the Site. To create an account, you must be at least 18 years old and you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes.
You may not share your account with anyone else. Please keep your password confidential, and try not to use it on other websites. If you believe that your account has been compromised at any time, please contact us at Marketing@mannpacking.com.
3. Content You Post
We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Site. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights.
You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant Mann’s, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using our Site.
You agree to indemnify Mann’s against any all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.
4. Content Posted by Others
We are not responsible for, and do not endorse, Content posted by any other Site visitor. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.
5. Your Use of the Site
Please do not use the Site in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Site or any features on the Site (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Site, and take appropriate legal actions.
Using our Site does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Site unless you obtain permission from us or its owner, or unless you are otherwise permitted by law.
6. Non-Confidential Information
We do not accept any unsolicited suggestions for product uses, improvements, new product ideas, marketing ideas, or recipes from people outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.
Any materials, information, or ideas you send us or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Mann’s for any purpose whatsoever.
7. Mann’s Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of Mann’s and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on the Site are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.
8. Copyright Protection
Mann’s, pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. Mann’s accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
If you believe any Content on the Site infringes your copyrights, you may request that we remove the Content from the Site (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information:
Send this information to us by mail or e-mail:
Mann Packing Co., Inc.
P.O. Box 690
Salinas, CA 93902-0690
By email: firstname.lastname@example.org
Once notification in accordance with the above is received by the Designated Agent, it is Mann’s policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of the Site that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to the Site.
If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to Mann’s Designated Agent within thirty (30) days of the date the Content was removed from the Site. A counter-notification must be a written communication that includes substantially the following:
Upon receipt of a counter-notification in accordance with the above, Mann’s shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform Mann’s that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Site. If Mann’s receives such notification within ten (10) business days, Mann’s shall not replace the removed Content or cease disabling access to it. If Mann’s does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Site, then Mann’s shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.
In accordance with the DMCA and other applicable law, Mann’s may, in appropriate circumstances, at Mann’s sole discretion, terminate access to the Site of any user that Mann’s finds to be a repeat infringer. Mann’s reserves the right to define the criteria by which Mann’s will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, Mann’s will adopt that definition as a minimum standard. Without limiting Mann’s right to define “repeat infringer,” as a general rule, Mann’s will define a “repeat infringer” as any person or entity about whom Mann’s has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. Mann’s will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.
If you believe that a user is a repeat infringer, please follow the instructions above to contact Mann’s Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
9. Social Networks
The Site may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
10. Our Warranties and Disclaimers
We provide the Site using a commercially reasonable level of care, but there are certain things that we cannot guarantee.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, MANN’S DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SITE, THE SPECIFIC FUNCTIONS OF THE SITE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITE “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
11. Liability for our Services
EXCEPT WHERE PROHIBITED, MANN’S SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY’S USE OF THE SITE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF MANN’S HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
You agree that agree that any dispute or claim arising out of your use of the Site or any products sold on the Site, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the most-current JAMS Streamlined Arbitration Rules & Procedures, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.
Disputes may also be referred to another arbitration organization if you and the Company agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
13. Additional Details
We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Site.
The Site may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Site may contain ads from third-parties. We do not control or endorse any products being advertised.
When you use a Site or send communications to us through a Site, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Site from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Mann’s to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.
If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking action in the future).
These Terms are governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Site resides in the courts located in Miami-Dade County, Florida, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.
The Site is not intended to be used by people who are under 13 years old.
Last updated: January 16, 2019