Terms & Conditions

The following Terms & Conditions consist of two sections:
1)    Use of the ManagingAmericans.com Website
2)    Use of our Discovery Tools.

ManagingAmericans.com Website

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

These are the general terms and conditions governing your use of this website and our services by accessing, using or signing up for membership of this website, our email updates or any other services. You are concluding a legally binding agreement based on these terms with ManagingAmericans.com, LLC.

ManagingAmericans.com, LLC may revise and update these Terms and Conditions at any time. Your continued usage of the ManagingAmericans website will mean you accept those changes.

Privacy:

We describe our current practices related to personally identifiable information collected through the site in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.

Your use of content and information:

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, photographs, data and other materials (“content”) is available on the website. Some of the content is provided by ManagingAmericans.com, LLC or its suppliers, and other content is provided by persons who use the website (“users”), such as user opinions and views provided via posts to My Community Topics chat rooms or in Weekly Forum Discussions. While ManagingAmericans.com, LLC strives to keep the content that it posts on the website accurate, complete and up-to-date, ManagingAmericans.com, LLC cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any content, whether provided by ManagingAmericans.com, LLC or other users, advertisers or affiliates of the site.

ManagingAmericans.com, LLC authorizes you to view or download a single copy of the material on the ManagingAmericans.com website solely for your personal, noncommercial use if you include the following copyright notice. “Copyright 2011-2013 ManagingAmericans.com, LLC All rights reserved” and any other copyright and proprietary rights notices that are contained in the content. Any special rules for the ManagingAmericans.com website may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with ManagingAmericans.com, LLC. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of ManagingAmericans.com, LLC. All rights not expressly granted herein are reserved to ManagingAmericans.com, LLC.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

All trademarks, service marks, logos and designs used on this website, whether registered or unregistered, are owned by ManagingAmericans.com, LLC or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by ManagingAmericans.com, LLC or third parties without our prior written consent.

Your contact with advertisers or other third parties and other websites:

Your dealings with advertisers or other third parties found on or accessible through the website are solely between you and the third party. These dealings include, but are not limited to, your interactions with any party listed in our databases, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to our users and should not be construed as an endorsement by ManagingAmericans.com, LLC of content, items, or services on those third-party websites. Your access and use of such sites, including the content, items or services on those sites and by those third parties at your own risk.

Disclaimer of warranties & liability with respect to our website:

ManagingAmericans.com website is provided on an “As Is” and “As Available” basis. ManagingAmericans.com, LLC expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

ManagingAmericans.com, LLC does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. ManagingAmericans.com, LLC makes no warranties as to the results that may be obtained from the use of the website or as to the accuracy, quality, or reliability of any information obtained through the website.

ManagingAmericans.com, LLC assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the content available via the website. 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. You specifically acknowledge that ManagingAmericans.com, LLC is not liable for the defamatory, offensive or illegal conduct of users or third parties.

Additionally, in no event will ManagingAmericans.com, LLC or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether breach of contract, tort, or otherwise resulting from:

1. The use of, or the inability to use the website.
2. The cost of procurement or substitute services, items or websites.
3. Unauthorized access to or alteration of your transmissions or data.
4. The statements or conduct of any third party on the website
5. Any other matter relating to the website.
6. These limitations will apply whether or not ManagingAmericans.com, LLC has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

Indemnification:

You agree to indemnify and hold harmless ManagingAmericans.com, LLC, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind directly or indirectly related to your breach of the Agreement or the content you submit, post or transmit through the website.

User Submissions:

The personal information you submit to ManagingAmericans.com, LLC is governed by the ManagingAmericans.com, LLC Privacy Policy.

Blog, Forum Discussions and My Community Topics (“Public Areas”):

If you use a Public Area, such as our Blog, Weekly Forum Discussions and My Community Topics, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. ManagingAmericans.com, LLC is not responsible for the consequences of any communications in the Public Areas.

In Consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area for any purpose in violation of local, state, national, or international laws.
2. Posting material or images that infringe on the intellectual property rights of others or on the privacy or publicity rights of others.
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by ManagingAmericans.com, LLC in its sole discretion.
4. Posting advertisements or solicitations of business.
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed.
6. Posting chain letters or pyramid schemes.
7. Impersonating another individual or organization.
8. Distributing viruses or other harmful computer code.
9. Allowing any other person or organization to use your identification for posting or viewing comments.
10. Posting the same message more than once or “spamming”.

ManagingAmericans.com, LLC reserves the right to do any or all of the following:

• Record the dialog in all public areas.
• Investigate an allegation that a communication does not conform to the terms of this agreement and determine in its sole discretion to remove or request the removal of the communication.
• Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
• Terminate a user’s access to any or all public areas and/or the ManagingAmericans.com website upon any breach of these Terms and Conditions.
• Monitor, edit, or disclose any communication in the public areas.
• Edit or delete any communication posted on the ManagingAmericans.com website regardless of whether the communication violated these standards.

Advertising Refund Policy:

All purchases of Advertisements on the ManagingAmericans.com website are nonrefundable. For full Advertising Terms and Conditions refer to the Advertise With Us section of the site.

Discovery Tools

Use of Our Discovery Tools

Discovery Tools are online research surveys conduced on a secured, password driven server. ManagingAmericans.com LLC does not use customer information for any purpose other than generating the report requested by the customer.

Customer data is owned by the customer, not ManagingAmericans.com, LLC and will not be sold, used or shared for any other purpose.

Payment is made at the time of purchase and prior to any work performed by ManagingAmericans.com, LLC.  If for any reason the customer is not satisfied by the Discovery Process, or changes their desire to conduct the report prior to completion of work, ManagingAmericans.com, LLC will issue a full refund.  Refunds will not be granted after the report has been completed and issued to the customer.

ManagingAmericans.com, LLC cannot control, and is therefore not responsible, for the input generated by the customer and its employee contributors. It is up to the customer to ensure their team actively participates in the discovery process.

Applicable Law:

This Agreement and the resolution of any dispute related to this Agreement or the website shall be governed and construed in accordance with the laws of New York without giving effect to any principles of conflicts of law. Any legal action or proceeding between ManagingAmericans.com, LLC and you related to the Agreement shall be brought exclusively in a court of jurisdiction sitting in NY, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Contacting us:

If you have questions regarding our Terms and Conditions you can contact us by writing to: