Mannabliss Conscious Business Directory Listing and Subscription Services Terms and Conditions

  1. Description of Service

In accordance with these Mannabliss Business Listings Terms and Conditions (referred to as the “Agreement”), Mannabliss LLC, a Florida limited liability company (referred to as “Mannabliss”) shall display on the Mannabliss Conscious Business Directory, one or more of the following of Customer’s business information: a link to the official URL, the phone number, a link to the property’s email address, the business address and location, social media links, photos, and/or a description of the business, from the Effective Date until terminated by either party in accordance with this Agreement (the “Term”).

Mannabliss Conscious Business Directory is a subscription service and a powerful tool that assists our conscious community in finding you. In addition to the Business Directory we offer opportunities for your business to receive visibility on the internet and other forms of media through the various subscriptions packages we offer.  Our subscription services are powerful tools to help businesses showcase their products and services to likeminded consumers and to spread the word about their brand and the good work they are doing.

  1. Definitions

“Business Listing” shall be defined as a listing which includes one or more of the following listed on the Mannabliss Site: a) a link to an official URL for the property, b) a phone number, c) link to the property’s email address (d) your address and location (e) summary of your services or products, (f) photos and/or (g) link to your social media pages

“Customer” or “You” means the contracting entity (together with any affiliates or subsidiaries, if applicable) as listed in the Conscious Business Directory.

“Effective Date” means the date that the Customer registers the business with Mannabliss (unless otherwise agreed between the parties).

”Subscription Term” means the period of Business Listing subscription (regardless of payment frequency), which may be renewed in accordance with these terms.

  1. Sales Order Rules

All requests by a Customer to create a Business Listing on the Mannabliss Site are governed by this Agreement, Mannabliss’ User Terms and Conditions and the Business Subscription Form. No other conditions, provisions, or terms of any sort appearing in any writings or other communications made in connection with this Agreement, including without limitation those contained on any forms of payment, will be binding on Mannabliss, whether in conflict with or in addition to this Agreement. This Agreement is binding on Customer and not subject to cancellation, except as provided below under Section 4 & 7. Customer will use Mannabliss services in accordance with the Mannabliss User Terms and Conditions found at _____________________________(as amended from time to time), any applicable law and in a manner which does not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by Mannabliss in its sole discretion.

  1. Business Listings

Mannabliss reserves the right, without liability, to reject, remove and/or cancel any information in the Conscious Business Listings that contain content or links which do not meet Mannabliss’ specifications, at Mannabliss’ sole discretion. Mannabliss’ sole liability under this Agreement shall be to refund the pro-rata portion of amounts paid for the unfulfilled term to the extent that the content or links do not meet Mannabliss specifications. However, in cases which involve fraudulent activity of any type, or inappropriate or malicious content, no refunds will be provided. Mannabliss may redesign the Mannabliss Site at its sole discretion at any time. Customer agrees to the following:

  1. a) Customer hereby grants Mannabliss and its affiliates the right to display its Conscious Business Listing information on the Mannabliss Site.   However, failure by Mannabliss to publish any Business Listing information does not constitute a breach of contract or otherwise entitle Customer to any legal remedy.
  2. b) Customer’s failure to comply with all applicable requirements of this Agreement may delay or prevent the display of the Business Listing and shall give Mannabliss the right to immediately terminate the applicable Agreement;
  3. c) Customer shall be solely responsible for the content provided to Mannabliss for the Business Listing and any web site linked to from such information, and Customer shall indemnify Mannabliss for all loss, costs, and damages in connection with any claims of infringement of any third party rights and any claims arising from the content (including but not limited to unfair or deceptive acts and practices and consumer protection claims) or claims resulting from use of Customer’s services or products. Customer represents, warrants and covenants to Mannabliss that at all times, (a) it is fully authorized to publish the entire contents and subject matter of all requested information (including, without limitation, all text, URLs, and Internet sites to which URLs are linked); (b) all such materials and Internet sites comply with all applicable laws and regulations and do not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) it has the full corporate rights, power and authority to enter into this Agreement and to perform the acts required of it hereunder, and its execution of this agreement does not and will not violate any agreement to which it is a Party or by which it is otherwise bound, or any applicable law, rule or regulation; and (d) each such Internet site is controlled by Customer and operated by Customer or its independent contractors, is functional and accessible at all times, and is suitable in all respects to be linked to from the applicable site.
  4. d) It is the Customer’s obligation to submit Business Listing information in accordance with Mannabliss’ then existing criteria or specifications (including content limitations, technical specifications, terms of use, privacy policies, Mannabliss’ User Terms and Conditions, community standards regarding obscenity or indecency and any other Mannabliss policy (collectively “Policies”).
  5. e) Public Announcements. Customer hereby grants Mannabliss permission to publicize the fact that it is a Conscious Business Listing customer of Mannabliss in a press release or any other form of media. Customer shall not use, display or modify Mannabliss’s trademarks in any manner without the prior written consent of Mannabliss.
  6. Privacy and Compliance

From the date that the Business Listing information begins to be displayed, through the expiration or termination of the Agreement or applicable S.O., Customer shall have a privacy policy in place governing Customer’s use of end users’ personal information that meets or exceeds any applicable laws, rules and regulations governing the use of such information. Both parties shall ensure that any collection, use and disclosure of information obtained pursuant to the related S.O. comply with all applicable laws, regulations and privacy policies, including all of the requirements the CAN-SPAM Act. Customer agrees not to send any unsolicited, commercial email or other online communication (e.g., “spam”) through to Mannabliss users and shall comply with all applicable Mannabliss policies regarding bulk mail. If applicable, for the purposes of any email or advertising placements, Customer designates Mannabliss as the sender for compliance with the CAN-SPAM Act. This section shall survive the completion, expiration, termination or cancellation of this S.O. for a period of five (5) years.

  1. Payment Terms and Calculations

Where Customer purchases a Business Listing subscription, Customer acknowledges and agrees that this is on the basis of a one time or recurring payment, and that payments shall be made to Mannabliss by the method selected by Customer at the recurring intervals until the subscription for Business Listings is terminated by Customer or Mannabliss in accordance with this Agreement. Customer provides its authorization to debit its bank account, charge its credit card or make any other valid form of payment for Conscious Business Listing subscription fees. Customer shall be charged for the Conscious Business Listing Subscription level selected by customer from the Effective Date. Customer shall pay Mannabliss upfront or in regular installments (as applicable).  Mannabliss may immediately remove Customer’s Business Listing information in the event that it detects some form of misuse within such time period. All sums payable by Customer to Mannabliss under this Agreement are exclusive of any sales tax, indirect or other taxes chargeable on any supply to which those sums relate (except for VAT, which may be billed in Customer’s invoice). Business Listings will be renewed automatically at the end of a Subscription Term for a subsequent Subscription Term of equal length at the then-current standard rates. The applicable fees will be charged to the payment method on file unless otherwise notified of a cancellation in writing. Although Mannabliss may choose to send a reminder email prior to charging a Customer for a renewal fee, Mannabliss is not responsible for notifying a Customer of this automated renewal. If You miss any payment owed to Mannabliss or if a credit card is expired or otherwise fails to authorize, the Business Listings service may be discontinued without notice.

  1. Effective Date, Cancellation, Switching and Add-Ons

7.1 Effective Date: Unless Mannabliss notifies the Customer otherwise, this Agreement is effective upon the Effective Date.

7.2 Cancellation: A Customer may cancel its Business Listing subscription, thereby terminating this Agreement, solely in accordance with the following cancellation policies.  If a Customer requests cancellation, the cancellation will take effect on the first day after the end of the current Subscription Term and the Customer will be liable for payment of Business Listing fee for that Subscription Term.
UPON TERMINATION OF THIS AGREEMENT, CUSTOMER’S SOLE REMEDY WILL BE A REFUND OF PRE-PAID FEES (IF APPLICABLE) UNDER THE TERMS OF THE ABOVE CANCELLATION POLICIES. NEITHER MANNABLISS NOR ANY OF ITS AFFILIATES WILL HAVE ANY OTHER LIABILITY OF ANY NATURE TO THE CUSTOMER, OR ANY OTHER THIRD-PARTIES, IN RESPECT OF TERMINATION.

7.3 Switching: If permitted by Mannabliss, a Customer may switch from one type of Subscription Term to another. If such switch occurs, the relevant changes to payment terms, renewal dates and the applicable cancellation policy will come into effect on the next payment date, as applicable.

  1. Liability, Warranty & Indemnity
  2. a) MANNABLISS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF OUR WEBSITE OR SERVICES FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO CUSTOMERS LISTING ON THE MANNABLISS SITE OR CUSTOMER”S OWN SITE, RESULTS RELATED TO ANY SUBSCRIPTION SELECTED BY CUSTOMER, OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE MANNABLISS SITE. MANNABLISS DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY CUSTOMER OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. CUSTOMER RELEASES MANNABLISS AND ITS AFFILIATES AND ANY OF THEIR OFFIDERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY LIABILITY, CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALITES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL OR ACCOUNTING FEES, THAT RESULTS FROM THE USE OF OUR SUBSCRIPTION SERVICES. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL MANNABLISS OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY MANNABLISS FROM CUSTOMER FOR THE SPECIFIC BUSINESS LISTING INFORMATION AT ISSUE.
  3. b) Customer agrees to defend, indemnify and hold harmless Mannabliss and each of Mannabliss’s agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney’s fees) expenses, damages, assessments, or judgments (collectively, “Liabilities”), resulting from any claim against any such parties in connection with Customer’s advertisement, listing, products or services or use of our subscription services.
  4. Jurisdiction & Venue

This Agreement is governed by the laws of the Palm Beach County, Florida, USA. Customer consents to the exclusive jurisdiction and venue of courts of Palm Beach County, Florida, USA for any and all disputes that may arise related to the subject matter hereof.

  1. General Provisions

No joint venture, partnership, employment, or agency relationship exists between Customer and Mannabliss. Mannabliss will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorized representative. Customer may not assign its rights hereunder to any third party unless Mannabliss expressly consents to such assignment in writing, not to be unreasonably withheld. Modifications to the originally submitted S.O. will not be binding unless signed by both parties. If any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. This Agreement will be deemed to be controlling over all other writings or agreements of any kind between the parties covering the Business Listings subject matter of this IO. All notices to Mannabliss relating to any legal claims or matters must be made in writing to Mannabliss, attn: General Counsel, 1405 N Federal Hwy, Delray Beach, FL 33483. Except as specifically provided herein, this Agreement constitutes the entire understanding between the parties and supersedes any and all prior understandings and/or agreements between the parties with respect to the subject matter regarding Conscious Business Listings. Mannabliss may amend this Agreement at any time, by giving Customer notification of the amendments in writing or via email. Unless otherwise stated in the notification or unless Customer cancels its Conscious Business Listing subscription (as permitted by this Agreement or the notification), any amendments shall be automatically effective thirty (30) days after they are notified to Customer.

 

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