MANAGAIN LLC - TERMS OF USE

Effective Date: 5/26/2025

 

Welcome to our website, www.managain.net (the “Site”). By using this Site, you represent that you are an adult of 18 or more years of age, have the legal capacity to enter a contract, and agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you are not authorized to use this Site.

1. Agreement.
This Terms of Use agreement (the "Agreement") governs your access to and use of the Site. This Agreement may be modified at any time by Managain LLC by posting the modified Agreement to the Site. Any such modifications shall be effective immediately upon posting unless some other effective date is expressly stated. Your use of this Site shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. 
Your use of the Site is also governed by our Privacy Policy, which is hereby incorporated into this Agreement. Please review our Privacy Policy at www.managain.net. Managain LLC reserves the right, and you authorize us, to use and assign all information provided by or collected from you in any manner consistent with our Privacy Policy.

3. Site Content.
The Site is provided on an “as is” basis and may use internet services that are not under our direct control. While we strive to provide accurate descriptions of our products and services, we do not warrant that the descriptions, pricing, or other content on the Site are accurate, complete, or current. We reserve the right to correct errors and to cancel any orders that were placed using incorrect descriptions or pricing. We do not warrant that the Site or its features will be accessible at all times or that it will function in an error free manner. We reserve the right to cease operating the Site or any of its features at any time.

4. No Medical Advice.
The content on this Site is provided for informational and educational purposes only and is not intended as, nor should it be considered a substitute for, professional medical advice, diagnosis, or treatment. You should always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition, symptoms, or treatment options. Never disregard professional medical advice or delay seeking it because of something you have read or viewed on this Site. Neither accessing the website nor participating in Personal Coaching constitutes a patient/client relationship.

Participation in any course, program, or suggested practice provided through this Site is done solely at your own risk. You are solely responsible for evaluating your own health and safety before engaging in any content or exercises offered. By using this Site, you acknowledge and agree that Managain LLC is not liable for any injury, loss, or damages arising out of or related to your participation, implementation of information, or reliance on any content provided herein.

5. Intellectual Property.
All content on this Site including without limitation graphics, logos, trademarks, images, and software is, and shall continue to be, the property of Managain LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

6. Site Use.
Managain LLC grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy content from the Site, reverse engineer or hack into the Site, or use materials, products or services in violation of any law. Your use of this Site is at the discretion of Managain LLC who may terminate your access and use at any time.

7. Age Restriction.
This Site is intended for use by individuals 18 years of age or older. By using this Site, you affirm that you are at least 18 years of age.

8. No Refunds; Payment Terms.
All purchases made through the Site, including but not limited to online courses, digital downloads, memberships, coaching sessions, and any other products or services, are final and non-refundable, under all circumstances, including but not limited to dissatisfaction with the course content, lack of results, or failure to complete or access the course.

By completing a purchase, you acknowledge and agree to the following:

• Digital Products Are Non-Returnable: Due to the nature of digital products and immediate access upon purchase, we do not offer refunds or exchanges.
• No Chargebacks: You agree not to initiate any chargebacks or payment disputes through your financial institution. If you do so, your access to the Site and its services may be immediately revoked, and we reserve the right to pursue legal action and/or report the incident to relevant payment processors or credit agencies.
• Payment Authorization: By submitting payment information, you authorize us to charge the designated payment method for the total purchase amount, including any applicable taxes or fees.
• Installment Plans: If you select a payment plan or installment option, you are obligated to pay the full amount according to the agreed schedule, regardless of your usage or completion of the content. Failure to make timely payments may result in suspension or termination of access to the Site and additional collection efforts.
• Promotions & Discounts: Promotional pricing or limited-time offers are valid only during the stated period. We do not offer price adjustments or retroactive discounts.
• Billing Errors: If you believe a billing error has occurred, you must contact us in writing within seven (7) days of the transaction. We are not obligated to provide refunds for errors not reported within this time frame.

We do not guarantee any particular outcome or result. Your use of the Site and its offerings is at your own risk. By purchasing, you expressly waive any right to seek refunds or returns outside of any statutory rights which may apply under the laws of your jurisdiction.

9. Changes to Fees or Billing.
We may change pricing or billing terms at any time, provided that we give you reasonable notice via the email address on file. Continued use of the subscription after such notice constitutes acceptance of the updated terms.

10. Links to Other Sites.
The Site may provide links to other websites. This Site’s Terms of Use or Privacy Policy may not apply to those other websites, which may have their own terms and policies. You should review the terms of use and privacy policies of any other websites that you visit.

11. Account Responsibility.
You are solely responsible and liable for all activity that occurs under your account, whether or not you authorized it. This includes, but is not limited to, any access, use, downloads, communications, or transactions conducted through your account. You agree to keep your login credentials confidential and secure, and to take reasonable measures to prevent unauthorized access. If you believe your account has been compromised or accessed without your permission, you must notify us immediately at [[email protected]]. We are not liable for any loss, damage, or consequence arising from your failure to safeguard your account information or from any unauthorized use of your account. Sharing your login credentials or allowing third-party access is strictly prohibited and may result in immediate termination of your access to the Site and its services, without notice or refund.

12. Compliance with Laws.
You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

13. Indemnification.
You agree to indemnify, defend and hold Managain LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

14. Disclaimer.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. MANAGAIN LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

15. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL MANAGAIN LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

16. Termination.
We reserve the right, in our sole discretion and without notice or liability, to terminate or suspend your access to the Site and any related services at any time and for any reason, including but not limited to a breach of these Terms of Use, suspected fraudulent or unlawful activity, failure to pay any fees owed, or conduct that we believe is harmful to us, our users, or third parties. Upon termination, your right to use the Site will immediately cease, and we may delete any associated data or content without obligation to provide further access. You acknowledge and agree that we are not liable to you or any third party for any termination or suspension of your access to the Site or its services. Any obligations or liabilities incurred by you prior to termination—including payment obligations—shall survive termination.

17.  Copyrights and Copyright Agent. 
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) 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; and

(f) 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.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:

By Mail: 9407 NE Vancouver Mall Dr., Suite 104, PMB #2458, Vancouver, Washington 98662

By Phone: [phone number]

By E-mail: [email protected]

18. Applicable Law.
You agree that the laws of the state of Washington without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Managain LLC or its affiliates. Venue shall be the state and federal courts located in Washington.

19. Severability.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

20. Relationship of the Parties.
Each party is, and shall remain, an independent contractor and nothing contained in this Agreement shall be construed to make either party a partner, joint venturer, employee or agent of the other party, and neither party shall hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party.

21. Contact Information.

Managain LLC

9407 NE Vancouver Mall Dr., Suite 104,

PMB #2458

Vancouver, Washington 98662

[phone number]

[email protected]