The effective date is April 30, 2019
Welcome to the PLUM (the “Website”). The Website is a service operated by Manifest LLC (“we,” “us,” “our” or “ours”).
Disclaimers – The Service Does not Provide Medical, Financial or Other Advice
The Website Content on our Service is provided for general informational purposes only. Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the Website Content is accurate, complete or up-to-date. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL LEGAL, FINANCIAL, TAX OR MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS AT YOUR OWN RISK. No assurance is given that the information contained on the Services will always include the most recent findings or developments with respect to the particular material. We do not recommend or endorse any specific products, services, opinions, or other information that may appear on the Service.
By using the Service, you may be exposed to content from other users, as well as material posted, uploaded, made available, shared or transmitted to or through the Service by us, that you may find offensive or otherwise objectionable. The views expressed by other users on our Service do not represent our views or values. Under no circumstances will we be liable or responsible in any way to any third party, for the content or accuracy of any content posted by you or any other user of our Service.
Links to Other Websites
The Website may contain advertisements, postings and links to websites operated by other parties. The Website provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked sites are not under the control of us, and we are not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply endorsement of information, material, products or services of any other party or any other website. We disclaim all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
In connection with your use of the Services, you acknowledge and agree that you will not:
- Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Website Content or information, software, products or services obtained through the Service;
- Manipulate, modify or edit the Website Content or the Service or display the Services by using framing or similar navigational technology;
- Use the Services in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use or access to the Service
- Obtain unauthorized access to the Service, the server on which our Service is stored or any server, computer or database connected to the Service or harvest or otherwise collect information about other users without their consent
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY US TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Links To The Service
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Service in any website that is not owned by you. Our Service must not be framed on any other Service.
We reserve the right to revoke any link to any page of the Service or our social media channels in our sole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.
If there is a dispute between persons you and any other person accessing or using the Service or between or among persons accessing or using the Service and any third party, we are under no obligation to become involved. If there is such a dispute, you hereby release us and our officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
Service Modification, Suspension or Termination
We do not guarantee that our Service, or any content on it, will always be available or be uninterrupted. Access to our Service is permitted on a temporary basis. We reserve the right at any time and from time to time to withdraw, modify or discontinue, temporarily or permanently, all or any part of the Service with or without notice. We will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service for any period.
Disclaimer Of Warranties
THIS SERVICE IS AVAILABLE “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU USE THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY WITH RESPECT TO THE SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE OR FREE FROM BUGS OR VIRUSES OR BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE.
Limitation Of Liability
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you; however, these limitations shall apply to the fullest extent permitted by law in such jurisdictions.
Designated Agent For Copyright Infringement Claim
If you have a good faith belief that your copyright is being infringed by any content on the Service, please send a notice that includes information listed below (the “Notice of Claimed Infringement”) to our Designated Copyright Agent:
Name and Address of Designated Copyright Agent:
Manifest LLC Attention: Copyright Agent 228 E 45th Street, 7th Floor
New York NY 10017
Email Address of Designated Agent: firstname.lastname@example.org
Notice of Claimed Infringement must include at a minimum the following information:
- a physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification about where the material that is claimed to be infringing is found on the Service reasonably sufficient to permit us to locate such material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which the you may be contacted;
- a statement that the 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; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any material has been removed as a result of such mistake of misidentification, send a notice to our Designated Copyright Agent that includes the following information:
- your physical or electronic signature;
- an identification of the material that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or access to it was disabled;
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled; and
- your name, address, and telephone number, and a statement that you consent to the jurisdiction of United States District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the party who provided the Notice of Claimed Infringement or an agent of such party.
If a counter-notice is received by the Designated Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing such party that we may replace the removed material or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order against us or the party contesting the original complaint, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our discretion.
Governing Law; Jurisdiction;
Our Service is directed to people residing in the United States. We do not represent that content and materials available on or through our Service is appropriate or available in other locations. Those who choose to access the sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We may limit the availability of our Service or any service or product described on our Service to any person or geographic area at any time.
You agree that the laws of the United States of America and the State of New York govern this contract and any claim or dispute that you may have against us, without regard to State of New York’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You agree to waive claims that you might otherwise have against us based on the laws of other jurisdictions, including your own. You further agree that any disputes or claims that you may have against us will be resolved by any state or Federal court in the State of New York located in New York, New York, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Updates to These Terms