mangofizz | terms of use

Welcome to mangofizz™ and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "mangofizz"). mangofizz currently consists of various web pages at or linked to the URL www.mangofizz.com.html collectively referred to as the "mangofizz Network", which may expand or change from time to time. The mangofizz Network currently provides many services as they relate to employers, businesses, and an individual´s working career. Unless explicitly stated otherwise, any new Products and Services (as defined below), including the addition of new mangofizz Network properties shall be subject to these Terms and Conditions.

mangofizz makes available a variety of products and services through the mangofizz Network (collectively, the "Products and Services") subject to these Terms and Conditions ("Terms and Conditions"). In addition, there may be other special products and services offered through the mangofizz Network that may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the mangofizz Network that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. mangofizz also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of the mangofizz Network. In addition, the mangofizz Network also may offer other services from time to time that are governed by the terms of service of the respective service partners.

Because the Terms and Conditions contain legal obligations, please read them carefully.

Please direct any legal questions to:

General Counsel
mangofizz
101 East Park Boulevard, Suite 457
Plano, Texas 75074

The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.

Acceptance
Conditions and Restrictions on Use
Registration and Privacy
Responsibility for Minors
Parental Controls and Child Safety
Member And User Conduct
License to User Content
Purchasing
mangofizz Publishing
Disclaimer of Warranties
Limitation of Liability
Professional Information Disclaimer
Advertisers and Content Linked to the mangofizz Network
The mangofizz Network Logos and Search Boxes
No License; Intellectual Property Rights of mangofizz and Others
Indemnity and Release
Limitation of Action
Copyright, Trademark, and Patent Notices
Claims of Copyright Infringement
Arbitration, Governing Law, and Forum for Disputes
Changes in Terms and Conditions and Changes in Products and Services
Merger
Non-Waiver and Separability
Relationship of Parties
No Resale, Assignment, or Sublicensing
Successors and Assigns
Termination; Survival
Communication with Users
Submissions of Ideas
Export Controls
Standard Advertising Terms and Conditions
Violation of Terms and Conditions

Acceptance

By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual mangofizz Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.

Conditions and Restrictions on Use

Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that mangofizz may terminate your access to the mangofizz Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by mangofizz. Any such termination shall be in mangofizz's sole discretion and may occur without prior notice, or any notice. mangofizz further reserves the right to terminate any user's access to the mangofizz Network or to any of the Products and Services for any conduct that mangofizz, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to mangofizz or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, provincial, federal, or foreign laws or regulations. mangofizz further reserves the right to terminate any user's access to the mangofizz Network or to any of the Products and Services for any reason or for no reason at all, in mangofizz' sole discretion, without prior notice, or any notice.

In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.mangofizz.com.html or another of the URLs associated with the mangofizz Network. Be aware that the majority of the mangofizz Network is for general business audiences. With respect to general business audience content, if mangofizz learns that anyone under the age of 13 has accessed the Products and Services, mangofizz will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the mangofizz Network, however, may not be available to children under 13 under any circumstances.

mangofizz does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

Registration and Privacy

Certain Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various mangofizz Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or mangofizz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, mangofizz has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

All mangofizz Network registrations become the exclusive property of mangofizz, its affiliates and subsidiaries. mangofizz reserves the right to use and reuse all registration and other personally identifiable user information subject to the mangofizz Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the mangofizz Privacy Policy and at individual mangofizz Network sites.

You acknowledge receipt of mangofizz Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 while on the mangofizz Network.

Responsibility for Minors

In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for:

the online conduct of such minor.
controlling the minor's access to and use of the Products and Services.
the consequences of any misuse by the minor.

YOU ACKNOWLEDGE THAT SOME AREAS OF THE MANGOFIZZ NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.

Parental Controls and Child Safety

Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections (such as computer hardware, software, or filtering services) are commercially available on the internet.

Member and User Conduct

Upon registering, you will receive a password and mangofizz Network ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify mangofizz of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The mangofizz Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not the mangofizz Network, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The mangofizz Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the mangofizz Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, mangofizz does not pre-screen user or third party Content posted on the mangofizz Network, except for certain areas where mangofizz employs certain automated screening software, although mangofizz reserves the right to do so. mangofizz does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. mangofizz reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by mangofizz.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
Prohibited Conduct

You agree that you will not use mangofizz Network Products and Services to:

Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
Harm minors in any other way.
Make any sexual request on behalf of a minor or make any sexual request of a minor.
"Stalk" or otherwise harass another.
Collect or store personally identifying information about other users for commercial or unlawful purposes.
Impersonate any person or entity, including, but not limited to, a mangofizz Network official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
- Making available copyrighted software or other Content that has had the copyright protection removed.
- Making available serial numbers for software that can be used to illegally validate or register software.
- Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
- Making available any software files for which the user does not own the copyright or have the legal right to make available.
Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services of the mangofizz Network.
Use automated means, including spiders, robots, crawlers, or the like to download data from any mangofizz Network database.
Conduct your own contests and promotions.
Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any mangofizz database, including, without limitation, by incorporating data from any mangofizz database into any e-mail or "white pages" products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
Sell, distribute, or make any commercial use of data obtained from any mangofizz database or make any other use of data from any mangofizz database in a manner which could be expected to offend the person for whom the data is relevant.
Disrupt the normal flow of dialogue in a discussion forum, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
Intentionally or unintentionally violate any applicable local, state, provincial, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
Disobey any mangofizz employee or representative or interfere with any action by any mangofizz employee or representative to redress any violation of these Terms and Conditions.
Access the Products and Services after your account or access has been terminated by mangofizz.
Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of mangofizz or the party from whom such software may be licensed.
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, provincial, national, or international law, including regulations having the force of law.
Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to the mangofizz Network community or the spirit of these Terms and Conditions.
Advertise, offer for sale, or sell any of the following items:
- Any firearms, explosives, or weapons.
- Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
- Any alcoholic beverages.
- Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
- Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
- Any controlled substances or pharmaceuticals.
- Any items which are counterfeit or stolen.
- Any dangerous items.
- Any goods or services that do not, in fact, exist.
- Any registered or unregistered securities.
- Any items that violate or infringe the rights of other parties.
- Any items that you do not have the legal right to sell.
- Any items where paying mangofizz any of the required transactional or listing fees would cause mangofizz to violate any law.

You acknowledge and agree that the mangofizz Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation mangofizz and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by mangofizz, in its sole discretion. mangofizz may also terminate access to, or membership in, the mangofizz Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the mangofizz Network, including without limitation, information posted on message boards.

You expressly acknowledge and agree that the mangofizz Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of mangofizz, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by mangofizz with regard to its users may be disclosed in accordance with mangofizz's Privacy Policy.

mangofizz also may suspend or terminate any user account for any Product or Service because of user inactivity. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.

The contents of the mangofizz Network, and of all other websites under the mangofizz's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software ("mangofizz Content") and other mangofizz Content, are protected under both United States and foreign copyright, trademark and other laws. All mangofizz Content is the property of mangofizz or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the mangofizz Network are the exclusive property of mangofizz and protected by U.S. and international copyright laws. Unauthorized use of the mangofizz Content may violate copyright, trademark, and other laws. mangofizz Content may not be used, modified or reproduced, displayed, publicly performed, distributed, or otherwise use the mangofizz Content in any way for any public or commercial purpose. The use of the mangofizz Content on any other web site or in a networked computer environment for any purpose is prohibited. HTML code that mangofizz creates to generate any mangofizz Content or the pages making up the mangofizz Network which is also protected by the Company's copyright, shall not be copied nor adapted for any other uses.

License to User Content

With respect to any Content posted by or in connection with the Products and Services, you grant mangofizz a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the mangofizz Network. Such license shall apply with respect to any form, media, or technology now known or later developed.

Purchasing

mangofizz Purchasing ("mangofizz Purchasing") is made available only to those users who are of the legal age of consent in their jurisdiction. You may not use mangofizz Purchasing if you have not reached that age or, in any event, if you are less than eighteen (18) years old. You may only use mangofizz Purchasing if you are a United States, Canadian or European resident. By accepting these Terms and Conditions, you represent and warrant that you are a United States or Canadian or European resident and are using mangofizz Purchasing at a location within the United States, Canada or Europe for a transaction to be completed within the United States or Canada or Europe.

Users are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Users are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

Each user may use one password and may not use additional passwords. Each user is required to use his or her password for his or her own use only. Users may not permit others to use their passwords.

Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.

mangofizz has no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through mangofizz Purchasing or with any user of mangofizz Purchasing. mangofizz cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can mangofizz confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements through mangofizz Purchasing will act in accordance with those statements. mangofizz will not get involved in any dispute between users of the Service and Merchants accessible through mangofizz Purchasing.

LIKE OTHER AREAS OF THE MANGOFIZZ NETWORK PRODUCTS AND SERVICES, YOUR USE OF MANGOFIZZ PURCHASING IS SUBJECT TO THE LANGUAGE SET FORTH ABOVE REGARDING DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY. PLEASE RE-READ THOSE PROVISIONS CAREFULLY.

As with all other aspects of the Products and Services, by using mangofizz Purchasing, you hereby agree that you shall be responsible for all tax obligations and costs that arise from or relate to your use of mangofizz Purchasing, including, without limitation, tax obligations and costs for any transactions that arise from or relate to your use of mangofizz Purchasing.

mangofizz Publishing

Any aspect of such mangofizz services that are free of charge may be modified by mangofizz for any reason or for no reason at all, in mangofizz's sole discretion, without prior notice, or any notice. mangofizz allows one membership per individual with a legitimate electronic mail address. The term of the license of any mangofizz service will extend only for the duration of the user's membership with the particular mangofizz Network service. In the event that such membership is terminated, mangofizz will relinquish all rights to the user's Content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated. You acknowledge and agree that mangofizz runs advertisements on its web pages and that these advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising are subject to change.

Disclaimer of Warranties

THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MANGOFIZZ DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MANGOFIZZ DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. MANGOFIZZ SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MANGOFIZZ DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. MANGOFIZZ DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MANGOFIZZ DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. MANGOFIZZ MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY MANGOFIZZ.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MANGOFIZZ OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MANGOFIZZ OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE MANGOFIZZ NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE MANGOFIZZ NETWORK.

UNDER NO CIRCUMSTANCES SHALL MANGOFIZZ OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Professional Information Disclaimer

The mangofizz Network may make available certain information provided by third parties related to various professional fields. The mangofizz Network does not give advice in any such fields and in no way endorses any of the information provided in this manner. IF YOU INTEND TO USE ANY SUCH INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. Those provisions will have special importance for you. All information made available through the mangofizz Network is made available subject to the mangofizz Network Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability set forth above.

THE MANGOFIZZ NETWORK STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.

Advertisers and Content Linked to the mangofizz Network

mangofizz may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the mangofizz Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. mangofizz has no control over such sites and resources. You acknowledge and agree that mangofizz is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that mangofizz 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 use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the mangofizz Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that mangofizz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.

mangofizz encourages you to exercise discretion while using the Products and Services to browse the Internet. mangofizz may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive.

The mangofizz Network Logos and Search Boxes

Linking to the mangofizz Network

The mangofizz Network offers a non-assignable, non-transferable, and non-exclusive license to link to the mangofizz Network web sites, using the mangofizz Network logos and search boxes, subject to the following provisions. The mangofizz Network logos and search boxes may be placed on a Web site for the sole purpose of creating a link to the mangofizz Network and allowing users of your site to access the Products and Services on the mangofizz Network. The mangofizz Network logos and search boxes may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the mangofizz Network. The mangofizz Network logos and search boxes may only be used in accordance with the mangofizz Trademark Usage and the instructions found at the http://www.mangofizz.com/legal.html link, and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The mangofizz Network logos and search boxes may not be altered in any manner. The mangofizz Network logos and search boxes must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. The mangofizz Network logos and search boxes may not be used to disparage the mangofizz Network, its products or services, or in a manner which, in mangofizz's reasonable judgment, may diminish or otherwise damage mangofizz's good will in the mangofizz Network logos. By using any such mangofizz Network logo or search box, you acknowledge that the mangofizz Network has exclusive rights to the logo or search box, and that all good will generated through your use of the logo or search box will inure to the benefit of the mangofizz Network. If you use the mangofizz Network logos or search boxes, you must include appropriate attribution, for example: "mangofizzTM is a registered trademark of mangofizz Inc.”. mangofizz reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. mangofizz reserves the right to take action against any use that does not conform to these provisions.

Permissions

If you would like permission to use any mangofizz trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please review the mangofizz Trademark Usage Guidelines.

Once you have reviewed our Guidelines, please email the Permissions Agent at , specifying from which Product or Service you would like to use information. The Permissions Agent will contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that mangofizz grants permission only on a per-item, per-project basis.

Your request will be processed once we receive your completed Permission Form. You will typically receive a response within ten (10) business days. If your request is approved, that approval will be expressly subject to the above-referenced Guidelines as well as all additional terms set forth in mangofizz's Permission Approval Letter.

Approved mangofizz Network logos and search boxes may be downloaded and used to link to the mangofizz Network, without specific, written permission.

No License; Intellectual Property of mangofizz and Others

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the mangofizz Network or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the mangofizz Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of mangofizz and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by mangofizz in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by mangofizz, any of mangofizz's affiliates, or any of mangofizz's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the mangofizz Network of any purpose other than the purpose for which such Content is made available to users by mangofizz. You agree not to defame or disparage mangofizz, the trademarks or service marks of mangofizz, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services of the mangofizz Network.

Indemnity and Release

By using the mangofizz Network web sites you agree to indemnify mangofizz, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the mangofizz Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to mangofizz or from any person's use of any account or password you maintain with any portion of the mangofizz Network, regardless of whether such use is authorized by you. By using the mangofizz Network, using the Products and Services, or submitting any ideas and/or related materials to mangofizz, you are hereby agreeing to release mangofizz and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to mangofizz. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the mangofizz Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

Copyright, Trademark, and Patent Notices

mangofizz

find the right job. hire the right people.

All above marks that appear throughout the Products and Services belong to mangofizz, members of the mangofizz Network, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of mangofizz or the owner of the mark, as appropriate, is strictly prohibited.

Claims of Copyright Infringement

If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the mangofizz copyright agent with a notification containing the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing, and the URL and other information reasonably sufficient to permit us to locate the material.
Your name, address, telephone number, and email address.
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.
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.

mangofizz's agent for notice of claims of copyright infringement is mangofizz, Inc. Email address:

It is the policy of mangofizz, in appropriate circumstances, to disable and/or terminate the accounts of users who engage in repeated copyright infringement.
mangofizz reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. mangofizz also reserves the right to transmit any counter-notification to the complaining party.

Arbitration, Governing Law and Forum for Disputes

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by the laws of the State of Nevada applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Carson City, Nevada, and judgment on the arbitration award may be entered into in any state or federal court in Nevada having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Nevada having jurisdiction thereof. Except as set forth above, the state and federal courts of Nevada shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in Nevada with respect to all such disputes.

Changes in Terms and Conditions and Changes in Products and Services

The mangofizz Network reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The mangofizz Network reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.

Merger

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between mangofizz's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual mangofizz Network web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.

Non-Waiver and Separability

mangofizz's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.

Relationship of Parties

You acknowledge and agree that you and mangofizz are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

No Resale, Assignment, or Sublicensing

You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of mangofizz.

Successors and Assigns

Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

Termination; Survival

These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by mangofizz. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.

Communications with Users

You consent to receive communications from mangofizz concerning your use of the Products and Services ("Communications"). The Communications may be those that mangofizz is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that mangofizz sends to you for other reasons. You consent to receive Communications electronically. mangofizz may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the mangofizz Network. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which mangofizz sends Communications by visiting your account information page.

In order to receive Required Communications, you must provide mangofizz, upon registration with the mangofizz Network, a valid email address to which mangofizz may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. mangofizz will provide notice of any changes to these requirements.

Submissions of Ideas

The mangofizz Network is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the mangofizz Network, we would like to hear them and any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO MANGOFIZZ BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO MANGOFIZZ, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO MANGOFIZZ THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT MANGOFIZZ IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MANGOFIZZ, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

Export Controls

Certain software, and related documentation or technical information, available through the mangofizz Network is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.

Standard Advertising Terms and Conditions

Special terms apply for advertising on the mangofizz Network

Violations of Terms and Conditions

Should you violate these Terms and Conditions or any other rights of mangofizz and the mangofizz Network, mangofizz reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the mangofizz Network web sites.

If you are aware of any violations of these Terms and Conditions, please report them to:

mangofizz Network Abuse Manager
101 East Park Boulevard, Suite 457
Plano, Texas 75074

For individual Products and Services Violations of these Terms and Conditions, please use the respective email addresses to contact the mangofizz Network:

We hope your enjoyment of mangofizz's Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the mangofizz community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.

Last updated July 30, 2008.