TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT
CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU
HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,
THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS
AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE
DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2024.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that
shall govern the relationship with our users and others which may interact or interface with
Manifesting Path located at 7901 4th St N #12956, St
Petersburg, Florida 33702 and our subsidiaries and affiliates, in association with the use of the
Manifesting Path website, which includes https://manifestingpath.com , (the "Site") and its Services, which
shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description: ecommerce affiliate website Any and all visitors to our site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and numerous
other platforms and downloadable programs, are the sole property of Manifesting Path. At its discretion, Manifesting Path may offer additional websiteServices and/or products, or update, modify
or revise any current content and Services, and this Agreement shall apply
to any and all additional Services and/or products and any and all
updated, modified or revised Services unless otherwise stipulated. Manifesting Path
does hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user acknowledge, accept and agree that
Manifesting Path shall not be held liable for any such updates,
modifications, revisions, suspensions or discontinuance of any of our Services and/or
products. Your continued use of the Services provided, after such posting of any
updates, changes, and/or modifications shall constitute your acceptance of such
updates, changes and/or modifications, and as such, frequent review of this Agreement
and any and all applicable terms and policies should be made by you to ensure you are
aware of all terms and policies currently in effect. Should you not agree to the updated,
revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered
shall be provided "AS IS" and as such Manifesting Path shall not
assume any responsibility or obligation for the timeliness, missed delivery, deletion and/
or any failure to store user content, communication or personalization settings.
PRIVACY POLICY
Every member's registration data and various other personal information are strictly protected
by the Manifesting Path Online Privacy Policy (see the full Privacy Policy at
https://manifestingpath.com/privacy). As a member, you herein consent to the collection and
use of the information provided, including the transfer of information within the United States
and/or other countries for storage, processing or use by Manifesting Path
and/or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical
data may be subject to the export and import laws of the United States and possibly other
countries. Through the use of our network, you thus agree to comply with all applicable export
and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resource-center/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/
liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and
regulations;
b) agree not to transfer any software, technology or any other technical data through the
use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export
laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical
data which would be in violation of the U.S. or other applicable export and/or import
laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Manifesting Path shall not lay claim to ownership of any content submitted
by any visitor or user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Manifesting Path the below listed
worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas
of Manifesting Path's sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services is for the sole purpose of providing and promoting
the specific area to which this content was placed and/or made available for viewing.
This license shall be available so long as you are a member of Manifesting Path's sites,
and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of s sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said Content on our network Services are for the sole purpose of
providing and promoting the specific area in which this content was placed and/or
made available for viewing. This license shall be available so long as you are a
member of Manifesting Paths sites and shall terminate at such time
when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of Manifesting Path's sites, the continuous, binding
and completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display
said content, whether in whole or in part, and the incorporation of any such Content
into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Manifesting Path's
sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and groups that are
openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Manifesting Path provides an area for our users to contribute feedback to our
website. When you submit ideas, documents, suggestions and/or proposals ("Contributions")
to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Manifesting Path shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) Manifesting Path shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Manifesting Path;
and
e) Manifesting Path is under no obligation to either compensate or provide any form of reimbursement
in any manner or nature.
INDEMNITY
All users herein agree to insure and hold Manifesting Path, our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any
claim or demand, which may include, but is not limited to, reasonable attorney fees made by
any third party which may arise from any content a user of our site may submit, post, modify,
transmit or otherwise make available through our Services, the use of Manifesting Path Services or your
connection with these Services, your violations of the Terms of Service and/or your violation
of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Manifesting Path's sites.
MODIFICATIONS
Manifesting Path shall reserve the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable to you or to any
third party for any such alteration, modification, suspension and/or discontinuance of our
Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery
of such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Manifesting Path shall not be
held responsible or liable for any loss or damage of any nature or manner incurred as a direct
result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Manifesting Path or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not responsible for
the availability of any such external sites or resources, and as such, we do not endorse nor are
we responsible or liable for any content, products, advertising or any other materials, on or
available from such third party sites or resources. Furthermore, you acknowledge and agree
that Manifesting Path shall not be responsible or liable, directly or indirectly,
for any such damage or loss which may be a result of, caused or allegedly to be caused by or
in connection with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Manifesting Path's Services and
any essential software that may be used in connection with our Services ("Software") shall
contain proprietary and confidential material that is protected by applicable intellectual
property rights and other laws. Furthermore, you herein acknowledge and agree that any
Content which may be contained in any advertisements or information presented by and
through our Services or by advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly permitted by
applicable law or as authorized by Manifesting Path or such applicable
licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,
publicly perform and/or created any plagiaristic works which are based on Manifesting Path
Services (e.g. Content or Software), in whole or part.
Manifesting Path herein has granted you personal, non-transferable and nonexclusive
rights and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest
in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree
not to alter or change the Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation, for the purpose of
obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt
to access our Services through any means other than through the interface which is provided
by Manifesting Path for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF Manifesting Path AND
SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND
SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE"
BASIS. Manifesting Path AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) Manifesting Path AND OUR SUBSIDIARIES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
SUCH WARRANTIES THAT (i) Manifesting Path
SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
Manifesting Path SERVICES OR SOFTWARE
SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT
SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE
Manifesting Path SERVICES OR SOFTWARE WILL
BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED
OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL
MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF Manifesting Path
SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE
DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND
CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY YOU FROM Manifesting Path
OR BY WAY OF OR FROM OUR SERVICES ORSOFTWARE SHALL CREATE A
NY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE
OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC
SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR
SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE
IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR
MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT
Manifesting Path AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,
GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE
MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Manifesting Path (and
its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners
and any other third parties) from claims, demands and damages (actual and consequential) of
every kind and nature, known and unknown, suspected or unsuspected, disclosed and
undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments
or securities, please review the above Sections Warranty Disclaimers and Limitations of
Liability again. In addition, for this particular type of information, the phrase "Let the investor
beware" is appropriate. Manifesting Path's content is provided primarily for
informational purposes, and no content that shall be provided or included in our Services is
intended for trading or investing purposes. Manifesting Path and our
licensors shall not be responsible or liable for the accuracy, usefulness or availability of any
information transmitted and/or made available by way of our Services, and shall not be
responsible or liable for any trading and/or investment decisions based on any such
information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION
OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Manifesting Path may furnish you with notices, including those with regards
to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or
any which may be herein after developed. Any such notices may not be received if you violate
any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance
of this TOS constitutes your agreement that you are deemed to have received any and all
notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the trademarks, copyright, trade name, service marks, and other Manifesting Path logos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of Manifesting Path.
You herein agree not to display and/or use in any manner the Manifesting Path
logo or marks without obtaining Manifesting Path's
prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
NOTICE & PROCEDURES
Manifesting Path will always respect the intellectual property of others, and
we ask that all of our users do the same. With regards to appropriate circumstances and at its
sole discretion, Manifesting Path may disable and/or terminate the accounts
of any user who violates our TOS and/or infringes the rights of others. If you feel that your
work has been duplicated in such a way that would constitute copyright infringement, or if you
believe your intellectual property rights have been otherwise violated, you should provide to
us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of
the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe
has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner's behalf.
The Manifesting Path Agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing Address:
Manifesting Path
Attn: Copyright Agent
7901 4th St N #12956
St Petersburg, Florida 33702
Telephone: 7867891180
Email: admin@manifestingpath.com
CLOSED CAPTIONING
BE IT KNOWN, that Manifesting Path complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at https://manifestingpath.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Manifesting Path
and shall govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to Manifesting Path Services. You may also
be subject to additional terms and conditions that may apply when you use or purchase certain
other Manifesting Path Services, affiliate Services, third-party content or
third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Manifesting Path with regard
to the TOS that the relationship between the parties shall be governed by the laws of the state
of Florida without regard to its conflict of law provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the TOS, or the relationship between you
and Manifesting Path, shall be filed within the courts having jurisdiction
within the County of United States, Florida or the U.S. District Court located in said state. You
and Manifesting Path agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction
over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Manifesting Path fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right or provision. If
any provision of this TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the TOS remain in full force and
effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services or the TOS must be filed
within 0 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Manifesting Path as follows:
Mailing Address:
Manifesting Path
7901 4th St N #12956
St Petersburg, Florida 33702
Telephone: 7867891180
Email: admin@manifestingpath.com