Terms & Conditions

IMPORTANT MESSAGE:  Mandependence, LLC was formally dissolved as a company on December 28, 2014.  This website and its content have become a personal blog.

During its existence, Mandependence, LLC wholly owned Mandependence.com. Collectively, hereinafter, these may be referred to as “Mandependence”. Mandependence and its associates provide their services to you subject to the Terms and Conditions contained herein. If you visit, participate on, shop, or use this website in any manner, you accept these Terms & Conditions. Please read them carefully.

PRIVACY

Please review our separate Privacy Policy, which also governs your visit to our website, to understand our practices. If you visit, use, participate, shop or use this website in any manner, you acknowledge that you have read, understand, and agree with the Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you register, comment, subscribe, or e-mail in any way with Mandependence, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHTS & TRADEMARKS

All content that is created or authored by Mandependence, such as slogans, writings, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mandependence and protected by United States and international copyright and trademark laws.  This includes, but is not limited to, “The Declaration of Mandependence”, “DOM”, “The 10 ComMANdments” with “MAN” in all capital letters, “Life, Liberty, and the Pursuit of Manliness”, “LLPM”, “L.L.P.M.”, “Manly Podcast”, and other content. Mandependence content, trademarks and trade dress may not be used in connection with any product or service that is not owned by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mandependence. All other trademarks not owned by Mandependence or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mandependence.

LICENSE AND SITE ACCESS

Mandependence grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mandependence. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mandependence. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mandependence and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Mandependence’s name or trademarks without the express written consent of Mandependence. Any unauthorized use terminates the permission or license granted by Mandependence. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Mandependence so long as the link does not portray Mandependence, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mandependence logo or other proprietary graphic or trademark as part of the link without express written permission. You may not use any part of Mandependence to sell a product or service, or to increase traffic to your website for commercial purposes, such as advertising sales. You may not take the results from Mandependence and reformat and display them, or mirror Mandependence pages on your Web site. If you want to make commercial use of Mandependence services, you must enter into an agreement with Mandependence to do so in advance. The sharing of accounts is strictly forbidden. This includes releasing account information to registration bypassing sites, as well as the creation of multiple accounts. Violators will be locked or banned from Mandependence without warning.

YOUR USAGE

You are responsible for maintaining the confidentiality of your e-mail address and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you are under the age of 18, you may use our website only with the permission and involvement of a parent or guardian. Mandependence and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. If you do post content or submit material, and unless we indicate otherwise, you grant Mandependence and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mandependence, LLC and its associates and sublicensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Mandependence or its associates for all claims resulting from content you supply. Mandependence has the right but not the obligation to monitor, edit or remove any activity or content. Mandependence takes no responsibility and assumes no liability for any content posted by you or any third party.

FAIR USE

All pictures and images are believed to be within our rights according to the U.S. Copyright Fair Use Act (title 17, U.S. Code) and are readily available in various places on the Internet and are believed to be public domain.

INTELLECTUAL PROPERTY POLICY

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, (http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.

Mandependence retains the right to use all user submitted blog/article/etc. content as we see fit, with no compensation to the user unless agreed upon in advance, in writing, by Mandependence. Mandependence disclaims any and all responsibility or liability for infringements or damages made by its users. Additionally, Mandependence is not liable for any and all lost, damaged, deleted or stolen materials submitted by its users. It is our policy to respond appropriately to notices of alleged infringement by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this web site, please contact us immediately at [email protected] Upon receipt of any bona fide claim of infringement, and based on our investigation, we will remove such actual or alleged infringements from the website and/or cease sales of the product(s) pending our investigation. DMCA Notices must be in writing and must include the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; 2) a description of the copyrighted work that you claim has been infringed; 3) the URL of the site and a description of where the material that you claim is infringing is located on that site; 4) your address, telephone number, and email address; 5) a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; 6) a statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.

RISK OF LOSS

All items purchased on Mandependence are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Mandependence and its associates attempt to be as accurate as possible. However, Mandependence does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Mandependence itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY MANDEPENDENCE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. MANDEPENDENCE, THEIR AFFILIATES AND THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. MANDEPENDENCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION. UNDER NO CIRCUMSTANCES SHALL MANDEPENDENCE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON ANY CONTENT PROVIDED. MANDEPENDENCE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE OR MANDEPENDENCE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANDEPENDENCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. YOU HEREBY AGREE TO RELEASE MANDEPENDENCE AND ANY AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “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 IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

APPLICABLE LAW

By visiting Mandependence.com, you agree that the laws of the state of Florida, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and Privacy Policy, and any dispute of any sort that might arise between you and Mandependence or its associates.

DISPUTES

If you have an issue with anything related to Mandependence, please contact us at [email protected] We would like to have a reasonable, direct conversation with you about your concern and will strive to provide a reasonable solution. However, if we cannot mutually agree to a resolution, any dispute relating in any way to your visit to Mandependence.com shall be submitted to confidential arbitration in Florida, United States of America, except that, to the extent you have in any manner violated or threatened to violate Mandependence’s intellectual property rights, Mandependence may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, SEVERABILITY, CHANGES

We reserve the right to make changes to our site and policies at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party.  Please review these policies vice from time to time so that you will be apprised of any changes.

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