User Agreement: Terms & Conditions
RULES OF ENGAGEMENT
USER AGREEMENT SUMMARY
- You’re eligible to enter into this Agreement and you are at least our “Minimum Age.” (Sec 2.1 Service Eligibility))
- You’ll keep your password a secret. You will not share an account with anyone else and will follow our rules and the law. (Sec 2.2
- Your Account) You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. We don’t guarantee refunds. (Sec 2.3 Payment)
- You’re okay with us providing notices to you through our websites, apps, and contact information your provided to us. If the contact information you provide is out of date, you may miss out on important notices. (Sec 2.4 Notices and Service Messages)
- When you share information, others can see, copy and use that information. (Sec 2.5 Sharing)
- 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. You promise to only provide information and content that you have the right to share, and that your MANGO Connects profile will be truthful. (Sec 3.1 Your License to MANGO Connects)
- 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. (Sec 3.2 Service Availability)
- We have the right to limit how you connect and interact on our Services. (Sec 3.3 Limits)
- We’re providing you notice about our intellectual property rights. (Sec 3.4 Intellectual Property Rights)
- We provide no warranty. Our disclaimer of legal liability for the quality, safety, or reliability of our Services is outlined for your review. (Sec 4.1 No Warranty)
- There are limits of legal liability we may have to you. (Sec 4.2 Exclusion of Liability)
- We can each end this Agreement anytime we want. Individuals can cancel your premium account or close your account on the My Account page of MANGO Connects. Organizations can cancel your account by contacting us at firstname.lastname@example.org (Sec 5 Termination)
- In the unlikely event we end up in a legal dispute, we agree to resolve it in Minnesota courts (using Minnesota law). (Sec 6 Dispute Resolution) Abide by MANGO Connects User Do’s and Don’t (Sec 8 User Dos and Don’ts)
- If you want to send us notices or service of process, please contact us online via email@example.com or by mail at MANGO Connects. 1925 Irving Avenue South, Minneapolis, MN 55403
USER AGREEMENT DETAILS
Services: This Agreement MANGO Connects sites, apps, learning, resources, communications, analytics and other services that state that they are offered under this Agreement (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
MANGO Connects: You are entering into this Agreement with MANGO Connects (also referred to as “we” and “us) and your personal data provided to, or collected by or for, our Services is controlled by MANGO Connects.
Members and Visitors: When you register and join the MANGO Connects Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a visitor.
2.1 Service Eligibility: Services are not for use by anyone under the age of 16. To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one MANGO Connects account, which must be in your real name; and (3) you are not already restricted by MANGO Connects from using the Services. “Minimum Age” means 16 years old. However, if law requires that you must be older in order for MANGO Connects to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account: Members are account holders. 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) and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse. As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. Premium seat bought by your employer, university, or another organization), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; however, they do not have rights to your personal account.
2.3 Payment If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- We may store your payment method (e.g. credit card) on file, until you delete it.
- If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
- Individuals may cancel your Premium Services on “My Account” page of MANGO Connects. Organization may cancel your Premium Services Agreement by contacting MANGO Connects account representative via email: firstname.lastname@example.org.
- All of your purchases of Services are not eligible for refunds unless explicitly stated.
- We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You will be emailed a copy of your invoice by MANGO Connects at the time each payment is due and processed.
3. Rights and Limits
3.1. Your License to MANGO Connects As between you and MANGO Connects, you own the information that you submit to or create in the Services and you are only granting MANGO Connects and our affiliates the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. MANGO Connects may be required by law to remove certain information or content in certain countries.
3.3 Limits MANGO Connects reserves the right to limit your use of the Services. MANGO Connects reserves the right to restrict, suspend, or terminate your account if MANGO Connects believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don’ts).
3.4 Intellectual Property Rights MANGO Connects reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. MANGO Connects, and “O” logos and other MANGO Connects trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of MANGO Connects.
4. Disclaimer and Limit of Liability
4.1 No Warranty: TO THE EXTENT ALLOWED UNDER LAW, MANGO CONNECTS AND ITS AFFILIATES (AND THOSE THAT MANGO CONNECTS 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: TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS MANGO CONNECTS HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS AGREEMENT), MANGO CONNECTS AND ITS AFFILIATES (AND THOSE THAT MANGO CONNECTS 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 OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF MANGO CONNECTS AND ITS AFFILIATES (AND THOSE THAT MANGO CONNECTS WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MANGO CONNECTS AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, AGREEMENT, LAW) AND EVEN IF MANGO CONNECTS OR ITS AFFILIATES 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.
Both you and MANGO Connects 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: (a) Our rights to use and disclose your feedback; (b) Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination; (c) Sections 4, 6 and 7 of this Agreement; (d) Any amounts owed by either party prior to termination remain owed after termination.
Closing your account: Individuals may cancel your Premium Services or cancel your user account on “My Account” page of MANGO Connects. Organization may cancel your Premium Services Agreement by contacting MANGO Connects account representative via email: email@example.com.
6. Dispute Resolution
You agree that the laws of the State of Minnesota, 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 in Hennepin County, Minnesota, USA, and we each agree to personal jurisdiction in those courts.
7. General Terms
Here are some details about how to read the Agreement.
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. To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only. 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 MANGO Connects 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 MANGO Connects 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 Section 9.
8. MANGO Connects “Dos” and “Don’ts”
8.1. Dos 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:
- Act in an unlawful or unprofessional manner in connection with our Services;
- Override any security feature of the Services;
- Use a Service for tasks that it is not intended for;
- Create a false identity on MANGO Connects; Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity; Create a Member profile for anyone other than yourself (a real person);
- Use an image that is not your likeness or a head-shot photo for your profile; Use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy data from the Services;
- Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of MANGO Connects; Use, disclose or distribute any data obtained in violation of this policy; Violate the intellectual property or other rights of MANGO Connects, including, without limitation, (i) copying or distributing our learning courses or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses;
- Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights; Remove any copyright, trademark or other proprietary rights notices contained in or on our Service; Overlaying or otherwise modifying the Services or their appearance;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
- Sell, sponsor, or otherwise monetize any Service without MANGO Connects’s consent; Rent, lease, loan, trade, sell/re-sell access to the Services or related data; Imply or state that you are affiliated with or endorsed by MANGO Connects without our express consent (e.g., representing yourself as an accredited MANGO Connects trainer);
- Bypass or circumvent any access controls or Service use limits; Use bots or other automated methods to access the Services; 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 MANGO Connects, such as its MANGOConnects.com and learn.mangoconnects.com;
- Interfere with the operation of, or place an unreasonable load on, the Services
9. How To Contact Us
If you want to send us notices or service of process, please contact us online at firstname.lastname@example.org or by mail at MANGO Connects, 1925 Irving Av S, Minneapolis, MN 55403.