PLEASE BE AWARE THAT SECTION __OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND Manor HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE COMMONWEALTH OF VIRGINIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.
1. Who Can Use the Manor Services
In order to access and/or use the Sites and Services, =you must be: a) at least the age of majority in the state where you live to use the access or use the Services, and b) a resident of the United States. If you are under 13 years old, do not access or use the Sites or Services.
You must provide all equipment and software necessary to connect to the Sites and Services, including but not limited to, a mobile device that is suitable to connect with and use the Manor Applications. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Sites and Services.
2. Intellectual Property Ownership and License
A. Copyright. The Sites, Services, and all materials (including source code, data, images, analyses, and other content) contained in the Services, including the selection and arrangement of the materials, are owned by Manor or are licensed by Manor for use on the Sites and are protected by copyright laws throughout the world. Note that the content and other materials we provide on the Sites and/or Services are for illustrative and information al purposes only. Our analysis and estimates are based on certain assumptions and we use only the data we have. Our analyses and estimates are not endorsed by, nor commissioned by, any of our partners. The methodology we use to determine which offers, analysis, or information is presented or highlighted is proprietary and we may elect to consider, ignore, emphasize, or de-emphasize certain factors in our sole and absolute discretion.
B. Trademarks. Manor, the Manor logos and other Manor trademarks, service marks, graphics, and logos used in connection with Manor are trademarks or registered trademarks of Manor in the U.S. and/or other countries. Other trademarks and logos used in connection with Manor may be the trademarks of their respective owners.
C. Other Intellectual Property. Manor also owns trade secrets and know-how that contribute to the functionality of the Services.
F. Reservation of Rights. Except for the limited license granted above, Manor, its suppliers and service providers, reserve all of rights not grantedin the Sites and Services. This Agreement does not grant you any right or license with respect to any trademarks and logos.
G. Information Aggregation. Manor is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to Manor from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of Manor by sending feedback but it is likely that such information accuracy cannot be corrected by Manor and the entity or person that generated the information must be appealed to.
You must register for an Manor account to use the Services. You also must register before you can participate in forums or submit Submissions. You are responsible for all activities related to the Services that occur through your account and password. It is your responsibility to keep your Manor profile information accurate. You agree to keep your password confidential, not use others’ accounts, nor permit others to use your account. Manor reserves the right to terminate accounts in its discretion.
4. Your Submissions and Community Guidelines
B. Manor Community Guidelines
- Be respectful. We welcome debate, but we will not tolerate disrespectful language or personal attacks. Please avoid controversial topics such as politics, race, religion, and sexuality. We reserve the right to edit or remove any controversial content.
- No solicitation. Real estate agents and other professionals are welcome here, but not to promote products orservices.
- No spamming. Please do not post advertising, junk mail, spam, scams or chain letters.
- No illegal or offensive posts. Any content that contains illegal, inflammatory, libelous, obscene or pornographic material will be removed.
- No public posting of private information or other people’s unpublished contact information. This also includes communications from community administrators and moderators.
C. License: Manor does not claim ownership of your Submissions. However, when you post or publish or otherwise submit Submissions on or through the Sites or Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You grant Manor a fully paid, royalty-free, perpetual, irrevocable, unlimited right to use, reproduce, modify, adapt, distribute, publicly perform, and display your Submissions worldwide in any media, now known or hereafter devised. Manor may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant Manor a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Manor, without any further consent, notice and/or compensation to you or to any third parties.
D. DISCLAIMER REGARDING SUBMISSIONS: Manor TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY SUBMISSIONS POSTED BY YOU OR ANY THIRD PARTY. WE MAY NOT MONITOR OR CONTROL THE SUBMISSIONS POSTED VIA THE SERVICES AND, WE CANNOT TAKE RESPONSIBILITY FOR SUCH SUBMISSIONS. ANY USE OR RELIANCE ON ANY SUBMISSIONS OR MATERIALS POSTED VIA THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK. THEREFORE, IF YOU HAVE AN IDEA OR INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL OR DON’T WANT OTHERS TO USE, OR THAT IS SUBJECT TO THIRD PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT TO ANY FORUM, OR ELSEWHERE ON THE SITES. Manor IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON Manor.
5. How Manor May Communicate with You
For purposes of responding to you and providing you with information and notices about your account or the Services you agree that Manor may communicate with you through the contact information associated with your Manor account or Manor Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your account settingsor settings on your mobile device to control what kind of messages or push notifications you receive from Manor. Manor has no liability arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
6. Third Party Sites
7. Manor Applications
Manor offers the Services through mobile applications built using Manor’s platform (“Manor Applications”). Examples of Manor Applications include, without limitation, its smart phone applications (Manor for Android, Manor for iPad, or Manor for iPhone).
You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you’d like to deactivate your account, please visit your Account Settings or contact Customer Service. Manor may terminate this Agreement or your account at any time, with or without notice.
You agree to indemnify Manor and hold Manor harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the Manor Sites or using the Manor Services.
Manor PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Manor DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS OR GUARANTEES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Manor AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY Manor OR ANYTHING RELATED TO Manor, YOU MAY DEACTIVATE YOUR Manor ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Manor IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH Manor TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. Manor DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, Manor DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. Manor DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Manor DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING.
Manor DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
NO ADVICE, ANALYSIS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Manor OR THROUGH SITE AND/OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN AND WE MAKE NO GUARANTEES WITH RESPECT TO SUCH ADVICE, ANALYSIS, OR INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT Manor IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD UPSIDE DOOR LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SITES AND/OR SERVICES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITES AND/OR SERVICES. YOU UNDERSTAND THAT Manor DOES NOT VERIFY STATEMENTS OF USERS OF THE SITES AND/OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Manor BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF Manor FOR (A) DEATH OR PERSONAL INJURY CAUSED BY Manor’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY Manor’S FRAUD OR FRAUDULENT MISREPRESENTATION.
12. Dispute Resolution
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Manor, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Manor may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
IF YOU AGREE TO ARBITRATION WITH Manor, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST Manor ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE Manor IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent [include name and address of registered agent here]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Manor will pay them for you. In addition, Manor will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Manor will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Manor. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND Manor HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Manor are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding anything to the contrary herein, (a) representative action for public injunctive relief may be arbitrated on a class basis and (b) in the event that the foregoing sentence is deemed invalid or unenforceable with respect to a particular class or dispute for recovery of damages, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a federal or state court located in Fairfax County, Virginia.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Manor, Inc., Attn. Legal, 13461 Sunrise Valley Drive, Suite 140, Herndon, VA 20171, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your Manor account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Manor.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Manor makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which you had already provided notice to Manor.
13. Additional Legal Terms
A. Severability. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Notices. You may contact us here. Or via mail or courier at: Manor Inc ATTN: Legal Office, 13461 Sunrise Valley Drive, Suite 140, Herndon, VA 20171 USA.
C. Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Manor regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Manor services.
E. No Waiver. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
F. No Injunctive Relief. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
G. Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Manor for any third party that assumes our rights and obligations under this Agreement.
H. Alpha and Beta Testing. The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or prerelease form) that we may conduct (“Testing”). Except to the extent otherwise provided in another agreement between you and Manor, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
I. Potential Other Rights and Obligations. You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
J. Complaints Regarding Content Posted on the Manor Website. For non-copyright complaints, you may notify us via e-mail at support@Manor.com.
K. International Matters. Manor is controlled and operated from Manor’s United States offices in Virginia. We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access Manor do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from Manor, is further subject to United States export controls. No Services, including software from Manor, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
L. Complaints Regarding Copyright Infringement. If you are a copyright holder and believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact our Copyright Agent with the following information:
- Your name, address, phone number, and email address, so that we can reach you;
- Identification of the copyrighted work(s) you believe to be infringed;
- Identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL);
- A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf, and that the information you provided is accurate;
- A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A physical or electronic signature.
Send your infringement notices to:
Manor Legal Office
13461 Sunrise Valley Drive, Suite 140
Herndon, VA 20171
If your Submission is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to Manor. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the 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 to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which Manor may be found, and that you will accept service of process from the person who notified Manor of the alleged infringement or an agent of such person.
It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if Manor is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Manor will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Under appropriate circumstances, Manor will, in its discretion, terminate authorization of users of the Services who are repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact Manor and provide information sufficient for us to verify that the user is a repeat infringer.
M. Accessing and Downloading the Upside Applications from iTunes. The following applies to any Manor Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Manor and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Manor.
- You and Manor acknowledge that, as between Manor and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Manor acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Manor and Apple, Manor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
- You and Manor acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.