Legal
Terms of Use and Privacy Statement | Updated 12/1/2024
MANATerms of Use
This page states the Terms of Use ("Terms") under which you may use www.MANAonline.org (the "Site"), an on-line association management services portal and guide owned by Manufacturers’ Agents National Association ("MANA," "we," or "us"), a California nonprofit corporation. Please read these Terms carefully. If you do not accept the Terms, you are prohibited from using the Site and its services. By using the Site or its services, you agree to be bound by these Terms, including the Privacy Statement identified below.
The Terms constitute a binding agreement between you and MANA, and is accepted by you upon your use of the Site or its services.
1. Eligibility
You must be at least 18 years of age or the age of majority for your jurisdiction, whichever is older, to visit or use the Site in any manner. By using the Site or its services and accepting these Terms, you represent and warrant to MANA that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to MANA that you will use the Site in a manner consistent with any and all applicable laws and regulations.
2. Use of the Site Content
You may view and access a single copy of the content available on or from the Site solely for your personal use. The contents of the Site, and of all other websites under the Site or under MANA's control, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other Site content (collectively, the "Site Content"), are protected under United States and foreign copyright, trademark and other laws. All Site Content is the property of MANA or its content suppliers or members.
You further agree to use the Site Content only in the manner specifically permitted herein or by written agreement with MANA. Unless specifically permitted herein or in writing by MANA, the use of the Site Content on any other website or in a networked computer environment for any purpose is prohibited. Use of the Site as permitted herein shall be a limited license to you that MANA can rescind at any time with or without notice.
MANA manufacturer members shall only use the RepFinder® directory to search for manufacturers representatives to represent their own manufacturing companies. You shall not use or knowingly permit the use of the RepFinder® directory, or any portion of it, to market to all or some of MANA's members. Use of the RepFinder® directory, or any portion of it, by those who are not MANA manufacturer members (such as, but not limited to, third-party representative search firms) is expressly prohibited. You shall not provide a copy (downloaded, electronic or printed) of any portion of the RepFinder® directory to anyone who is not a MANA manufacturer member. Use of information downloaded or copied from the RepFinder® directory after your MANA membership has expired is expressly prohibited.
PLEASE BE AWARE THAT MANA CONSIDERS THE CONTENTS OF ITS REPFINDER® DIRECTORY TO BE A TRADE SECRET. Anyone who violates this limited license and these Terms will immediately lose access to the RepFinder® directory, have their MANA membership terminated, and may be liable to MANA for all damages resulting from such violation, including all reasonable attorney's fees and costs incurred by MANA in pursuit of its legal and equitable remedies. The contents of the RepFinder® directory are owned by MANA, and your limited license to use the same may be terminated by MANA immediately without notice or cause. MANA shall not be liable for any errors, omissions, or misinformation in the RepFinder® directory. These Terms and Ohio law shall govern your use of the RepFinder® directory. Any use of the Site, its services, or the Site Content in violation of this limited license or these Terms may be subject to legal action brought by MANA pursuant to Section 14 below.
MANA representative agency members shall only use the LineFinder® directory to search for manufacturers to represent. You shall not use or knowingly permit the use of the LineFinder® directory, or any portion of it, to market to all or some of MANA's members. Use of the LineFinder® directory, or any portion of it, by those who are not MANA representative agency members (such as, but not limited to, third-party representative search firms) is expressly prohibited. You shall not provide a copy (downloaded, electronic or printed) of any portion of the LineFinder® directory to anyone who is not a MANA representative agency member. Use of information downloaded or copied from the LineFinder® directory after your MANA membership has expired is expressly prohibited.
PLEASE BE AWARE THAT MANA CONSIDERS THE CONTENTS OF ITS LINEFINDER® DIRECTORY TO BE A TRADE SECRET. Anyone who violates this limited license and these Terms will immediately lose access to the LineFinder® directory, have their MANA membership terminated, and may be liable to MANA for all damages resulting from such violation, including all reasonable attorney's fees and costs incurred by MANA in its pursuit of its legal and equitable remedies. The contents of the LineFinder® directory are owned by MANA, and your limited license to use the same may be terminated by MANA immediately without notice or cause. MANA shall not be liable for any errors, omissions, or misinformation in the LineFinder® directory. These Terms and Ohio law shall govern your use of the LineFinder® directory. Any use of the Site, its services, or the Site Content in violation of this limited license or these Terms may be subject to legal action brought by MANA pursuant to Section 14 below.
3. MANA's Ownership Rights.
MANA and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the Site and MANA's products and services, and all such rights to all derivative works or enhancements of, in and to, or relating to, the Site or MANA's products and services. You will not acquire any intellectual property or similar rights in the Site or MANA's products or services by using the Site or its services, other than a limited right to use the products and services for your personal benefit as permitted herein.
4. Site Restrictions
You may not use the Site to transmit, post, distribute, store or destroy material, including without limitation the Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the the Site or interfere with any other person's use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available by MANA or provided for through the Site.
If you advertise on the Site, you are solely responsible for all advertising content you transmit or submit to the Site or through the Site's advertiser program, whether created by or for you, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads, you may be required to read and accept additional written terms and conditions governing your submission of Ads to the Site (the "Advertiser Agreement"). MANA disclaims all liability relating to your Ads, and you agree to indemnify, defend and hold MANA harmless for all losses MANA incurs related to the Ads.
By submitting content for advertising to the Site, you grant to MANA and its affiliates an irrevocable, royalty-free, perpetual, fully paid non-exclusive right (including moral rights) and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display, and distribute such content (in whole or in part) and to prepare derivative works of, or incorporate into other works (in any form, media or technology now known or later developed, for the full term of any rights that may exist in such content) such content, and to grant and authorize sublicenses thereof (through multiple tiers).
MANA does not represent or guarantee the truthfulness, accuracy, or reliability of Ads.
All accounts are paid in advance. MANA reserves the right to reject or cancel any advertisement. Advertisers may not cancel orders after the deadline. Change requests will be handled at MANA's discretion.
6. Copyright Agent
MANA respects the intellectual property rights of others, and requires that you do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please forward the following information to MANA, as designated below pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2):
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Attn: Copyright Agent
Manufacturers’ Agents National Association
311 Elm Street 270-1496
Cincinnati, Ohio 45202
Email: MANA@MANAonline.org
7. MANA's Liability.
The Site acts as a venue for MANA's on-line association management services portal and guide. MANA may take any action with respect to content that it deems necessary or appropriate in its sole discretion if it believes that such content could create liability for MANA, damage MANA's brand or public image, or cause MANA to lose (in whole or in part) the services of its Internet service providers or other suppliers. While MANA reserves the right in its sole discretion to remove content or other material from the Site from time to time, MANA does not assume any obligation to do so and disclaims any liability for failing to take any such action.
The Site and Site Content may contain inaccuracies or typographical errors. MANA makes no representations about the accuracy, reliability, completeness, or timeliness of any Site Content. The use of all Site Content is at your own risk. Changes are periodically made to the Site and may be made at any time. MANA cannot guarantee and does not promise any specific results from use of the Site. No advice or information, whether oral or written, obtained by you from the Site or through or from the Site shall create any warranty not expressly stated herein.
8. DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND MANA HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. MANA DOES NOT WARRANT, REPRESENT OR COVENANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. MANA MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MANA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MANA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL MANA, ITS AFFILIATES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Local Standards
We do not represent that materials on the Site are appropriate for use in all locations. You are accessing the Site on your own initiative and shall be responsible for compliance with local laws, if and to the extent local laws are applicable.
11. Links to Content and Other Sites
The Site contains links to third-party websites and content. Such links are provided solely as a convenience to you and not as MANA's endorsement of the contents on such third-party websites. MANA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party sites. If you decide to access linked third-party sites, you do so at your own risk.
The Site contains links to social media sites, including, but not limited to, testimonials. Such links are provided solely as a convenience to you and not as an endorsement by MANA of the content on such social media sites. MANA is not responsible for the content, accuracy of such content, or manner in which such content is provided to these third-party social media sites. You specifically agree that the use of these social media sites in conjunction with the Site is at your own risk.
12. Indemnity
You agree to defend, indemnify, and hold harmless MANA, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any content or other material you provide to the Site, or (ii) your breach of these Terms. MANA shall provide notice to you of any such claim, suit or proceeding.
13. Miscellaneous
MANA's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms by MANA must be made in a writing specifically referencing these Terms and the provision to be waived and signed by an authorized representative of MANA.
Headings used in the Terms are for convenience only and are not to be relied upon in the interpretation of the Terms.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, MANA and you nevertheless agree that the court should endeavor to give effect to the intentions of the Terms as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The Terms will inure to the benefit of, and are intended to be enforceable by, MANA's successors, assigns and licensees.
14. Legal Disputes
The Terms and the relationship between you and MANA shall be governed by the laws of the State of Ohio, without regard to its conflict of law provisions. You agree that, in MANA's sole discretion, any cause of action that may arise under these Terms or otherwise shall be commenced and be heard in a court of competent jurisdiction in Hamilton County, Ohio. You agree to submit to the personal and exclusive jurisdiction of the courts located within Hamilton County, Ohio. MANA shall be entitled to recover its costs, including reasonable attorney's fees, in such action.
Privacy Statement
This Privacy Statement ("Privacy Statement") sets forth the online data collection and usage policies and practices that apply to the Site. It does not apply to information we collect by any other means.
1. Collection of Information by MANA through the Site
By using the Site, MANA may request that you provide personal information, including your name, mailing address, email address, telephone number and other background information. There is also information about your computer hardware and software that may be collected by MANA. This information can include, without limitation, your IP address, browser type, domain names, access times and referring website addresses, but it is not linked to your personal information. We also get information from your use of the Site and its services, including how you use them. Our server automatically collects data about your server's IP address when you visit the Site. When you request pages from the Site, our servers may log your IP address and your domain name. Your IP address is used to help identify you and to gather demographic information about MANA's members as a whole, but it does not include personally identifiable information. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the portions of the Site you visited; any search terms you enter on the Site or a referral site; and other web usage activity and data logged by our web servers.
2. Our Use of Your Information
We use the information we gather on the Site, whether personal, demographic, collective or technical, for the purpose of operating and improving the Site, fostering a positive user experience, and delivering the products and services that we offer. We may use your contact information in order to send you email or other communications regarding updates at the Site. The nature and frequency of these messages will vary depending upon the information we have about you. We additionally may employ Internet tracking and analytic tools such as Google Analytics to better understand and improve the user experience. We also use the information that we gather for internal system administration to help diagnose problems with our server and to administer the Site. Such information may also be used to gather demographic information, such as your country of origin and Internet service provider. We may link this information with your personal information.
3. Disclosure of Personal Information to Others
We do not disclose your personal information, or your combined personal and demographic information or information about your use of the Site, to third parties except as follows. We disclose information to companies and individuals we employ to perform functions on our behalf, including hosting our web servers, analyzing data, providing marketing assistance, and providing customer service. These companies and individuals may have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party. We will share personal information with companies, organizations or individuals outside of MANA if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to (1) meet any applicable law, regulation, legal process or enforceable governmental request; (2) enforce any Terms, including investigation of potential violations; (3) detect, prevent, or otherwise address fraud, security or technical issues; or (4) protect us, our users or the public against harm as required or permitted by law.
4. Use of Cookies and Local Storage
The Site’s pages may contain electronic images known as web beacons (sometimes called single-pixel gifs) that allow us to count users who have visited those pages. Web beacons are not used to access your personally identifiable information.They are a technique we use to compile aggregated statistics about usage of the Site. Web beacons collect only a limited set of information, including a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. You may not decline web beacons; however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
5. Access to, Opt-Out and/or Modification of Your Information
MANA may provide its members limited access to, or the ability to modify, their personal information. Whenever you use the Site or its services, we aim to provide you with access to your personal information. If that information is incorrect, we strive to give you ways to update or delete it unless we are obligated to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we act on your request.
If you are receiving newsletters, commercial emails or other communications from MANA and no longer wish to do so, you may opt out by selecting an appropriate link in those email communications or by sending an email to mana@MANAonline.org. We will retain indefinitely all the information we gather about you in an effort to make your use of the Site more efficient, practical, and relevant. To the extent that we utilize the Google Analytics tools available, you have options with respect to how some of those tracking tools or features collect or use your information. Your options can be found at https://tools.google.com/dlpage/gaoptout/.
6. Security of the Personal Information
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot and do not guarantee that unauthorized third parties will never circumvent those measures or use your personal information for improper purposes. We restrict access to personal information to MANA employees, contractors and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet those obligations.
7. Children
The Site is not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18.
8. Changes to Privacy Statement
If we decide to materially change our Privacy Statement for the Site, we will post those changes through a prominent notice on the Site so that you will always know what information we gather, how we might use that information, and to whom we may disclose it. If at any time you have questions or concerns about our Privacy Statement or believe that we have not adhered to it, please feel free to email us at mana@MANAonline.org.
9. Contact Information
The Site operates under the control of MANA, a California nonprofit corporation with its principal place of business at 311 Elm Street 270-1496, Cincinnati, Ohio 45202.