Terms
& Conditions
Terms & Conditions Custodian Of Records
TERMS OF USE AND
SERVICE
INTRODUCTION
This Terms & Conditions (“TOS”) and our Privacy
Policy (the "Policy") applies to Cyber Graphics Industries,
Inc’s., family of websites (the "Sites"). These
include Mansurf; and any other sites at which
this Policy appears.
Welcome to Mansurf! Mansurf provides its services to Users
subject to the following terms of use and service (the "TOS").
DEFINITIONS
The following definitions apply to the TOS.
The terms "User" means any person or entity
that (a) downloads, attempts to download or otherwise utilizes
any uniform resource locator ("URL") that resides
entirely upon a server owned or operated by Mansurf; (b) Transmits
electronic mail, files or other data transmission, information
or other matter onto any network owned or operated by Mansurf
or onto the Site (whether via private Transmission or public
upload posting); (c) is linked to a URL resource owned or operated
by Mansurf; and (d) contacts, accesses or views Mansurf or
the Site, whether through the use of any telecommunications
network or otherwise. The term User includes a Subscriber.
The term "Subscriber" means a User who pays
a fee (determined from time to time by Mansurf in its sole
discretion) and is granted access to certain areas of the Site
only after successfully completing login protocols established
from time to time by Mansurf, including without limitation,
through the use of an approved User name and password.
The term "Content" means all data, text, software,
music, sound, photographs, graphics, video, messages or other
information or materials of any kind.
The term "Services" means all resources (including
Content) provided via or available on the Site at any time,
including without limitation, and by way of example only, a
User's ability to (i) access or view Content, and to login into
the Site as a Subscriber and create or change such Subscriber's
Registration Data (defined below); (ii) communicate with the
Site and other Users via the Site (including without limitation
the ability to download or upload Content or other information
or material, post messages and participate in groups or forums);
and (iii) shop or utilize other available services, including
authorizing charges to such User's credit or debit card, checking
account or telephone invoice in order to make purchases or pay
subscription fees related to the Site.
The term "Site" means the website www.Mansurf.
The term "Mansurf" is an assumed business
name of Cyber Graphics Industries, a Delaware corporation. Without
limiting the foregoing, for the purposes of the TOS, Mansurf
means Cyber Graphics Industries, a Delaware corporation.
The term "Transmit" or "Transmission"
means when a User uploads, posts, e-mails, transmits or otherwise
makes available (directly or indirectly, by act or omission)
or communicates any Content or other information or material
to the Site, or through such means utilizes a Service available
on or through the Site.
ACCEPTANCE OF TERMS
The Services and Content are provided to each User subject to
the TOS, which may be revised, changed, altered or updated from
time to time without notice by Mansurf, in Mansurf's sole
discretion. The most current version of the TOS will always
be located and displayed on the Site. The TOS also includes
any other guidelines, rules or notices posted elsewhere on the
Site, including, without limitation and by way of example only,
information included in the part of the Site called "THE
FAQ", or "Mansurf.com/Mansurf.net". When a User accesses
or uses any part of the Site, such User agrees to the terms
and conditions of the TOS.
AGE AND LEGAL ACCESS
CERTIFICATION
By accessing or using the Site, the User certifies that User is
eighteen (18) years of age or older (21 years of age in certain
locales) (and in any event, User is at least the age of consent
(or older) in the jurisdiction from which the Site is being viewed
or accessed); that User is familiar with the laws in User's area
affecting User's legal right to access the Site or to access erotic
or adult-oriented materials; that User has the legal right to
such materials and that Mansurf has the legal right to display
or make such materials available to the User; that the User is
requesting such materials for the User's own private enjoyment;
and, that the User will not, by action or inaction, directly or
indirectly, share such materials with or make such materials available
to a minor in any manner whatsoever.
REGISTRATION OBLIGATIONS
AND SECURITY
In consideration of User's access to or use of the Site (whether
as a Subscriber, guest or otherwise), the User agrees to: (a)
provide true, accurate, current and complete information about
the User as prompted by the Mansurf's registration and profile
date forms, or any other questionnaire or information input format,
which requests information from or about User, and (b) maintain
and promptly update such information to keep it true, accurate,
current and complete (collectively, such information is sometimes
referred to as the "Registration Data"). Without limiting
any other matter contained herein, a User's access to or use of
the Site may be suspended or terminated (without cost to Mansurf
and without obligation for reimbursement of any fees previously
paid by a Subscriber to Mansurf) for such User's failure to provide
or maintain true, accurate, current and complete Registration
Data as provided in the TOS.
Each Subscriber is responsible for maintaining the confidentiality
of any Subscriber login user name and password (or other identifying
information). Each Subscriber is solely responsible for all activities
that occur under the Subscriber's login user name or password,
and neither the login user name nor password may be assigned or
transferred to any other person or entity, voluntarily or involuntarily,
by operation of law or otherwise, without the express prior written
consent of Mansurf, which consent may be withheld in Mansurf's
sole discretion. Each Subscriber agrees immediately to notify
Mansurf of any unauthorized use of such Subscriber's name or
password, and each User agrees immediately to notify Mansurf
of any unauthorized use and any other breach of security with
respect to the Site known by such User.
CONDUCT
User acknowledges and understands that all Content a User Transmits
to the Site, whether publicly posted on the Site or privately
Transmitted onto or via the Site, is not reviewed or pre-screened
by Mansurf and is the sole responsibility of such User from whom
such Content originates or is uploaded. This means that the User,
and not Mansurf, is responsible for all Content that the User
Transmits onto or via the Site, whether or not displayed ultimately
on the Site. Therefore, Mansurf does not guarantee the accuracy,
integrity or quality of Content Transmitted to the Site by a User,
nor does Mansurf make any representation or other warranty with
respect to such Content. Without limitation, and by way of example
only, Users may email to the Site calendar events. Mansurf does
not regularly, and may not ever, review the accuracy or consistency
of such calendar events.
User understands and acknowledges that by viewing, using or accessing
the Site, the User may be exposed to Content that may be considered
or deemed offensive, indecent or objectionable.
User agrees to NOT use the Site to:
a.
Transmit any Content that
is unlawful, harmful, threatening, abusive, pornographic,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful or racially, ethnically
or otherwise objectionable;
b.
harm minors or any person
in any way;
c.
impersonate any person
or entity, or falsely state or otherwise misrepresent User's
affiliation with a person or entity;
d.
forge headers or otherwise
manipulate identifiers in order to disguise the origin of
any Content transmitted through the Site;
e.
Transmit any Content
that User does not have a right to Transmit, whether or not
under any law, rule or regulation, or under contractual or
fiduciary relationships;
f.
Transmit any Content that
infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
g.
Transmit any unsolicited
or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid
schemes" or any other form of solicitation;
h.
Transmit any material
that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment;
i.
interfere with or disrupt
the Site or Mansurf or servers or networks connected to the
Site or Mansurf, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site
or Mansurf, or violate any terms contained in the TOS;
j.
"stalk" or otherwise
harass another; or
k.
collect or store personal
data about Users other than User.
l.
download Content except
as otherwise permitted under the TOS.
User acknowledges that (i) Mansurf or its designee has the right
(but not the obligation) in its sole discretion to refuse, move
or delete any Content that is Transmitted onto or made available
via the Site, and (ii) that a User's Transmission of Content to
the Site or Mansurf does not imply any promise or covenant on
behalf of Mansurf that such Content will be displayed, nor does
it imply any promise or covenant (except with respect to information
submitted by a User necessary to process User authorized credit
or debit card or checking account payment transactions (which
will be handled by Mansurf in accordance with the security provisions
contained in the Privacy Policy) that such Content will
not be displayed or made publicly available on the Site or intercepted
or read by someone other than the intended recipient.
Under no circumstances will Mansurf be liable or responsible
in any manner for any Content that Mansurf posts to the Site,
including without limitation, any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of
the use of or reliance upon any such Content. User agrees that
User must evaluate, and bear all risks associated with the use
of or access to any Content, including Content posted to the Site
by Mansurf.
User acknowledges and agrees that Mansurf may preserve Content
and may also disclose Content (including without limitation, Registration
Data) if required to do so by law or if Mansurf believes that
such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties;
or (d) protect the rights, property or personal safety of the
Site or Mansurf, its Users or the public.
User understands that the technical processing and Transmission
of the Services or Content, may involve (a) transmission over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
User agrees not to (and User agrees User has no right to) reproduce,
duplicate, copy, sell, resell or exploit for any purposes, any
portion of the Site (including, without limitation, the Services
or Content contained on the Site).
INTERNATIONAL USE
User agrees to comply with all local rules regarding online conduct
and acceptable Content. Specifically, User agrees to comply with
applicable laws regarding the transmission of technical data exported
from the United States or the country in which the User resides.
CONTENT SUBMISSIONS AND USE GUIDELINES
Except as otherwise provided by separate agreement between a User
and Mansurf, Mansurf does not claim ownership of Content Transmitted
by a User to the Site and displayed on the Site. In it sole discretion,
Mansurf may condition Site display of User Transmitted Content
upon such User becoming a Subscriber.
Notwithstanding the foregoing, a User who successfully Transmits
Content to the Site grants to Mansurf a perpetual, world-wide,
royalty free, non-exclusive, irrevocable and fully sublicensable
license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display any or all Content
so Transmitted and to incorporate such Content into other works.
User represents and warrant that with respect to any Content User
Transmits, or causes to be Transmitted, to the Site, Mansurf
has NOT hired, contracted for, managed or otherwise arranged for
the participation of any performers depicted in such Content.
User acknowledges that Mansurf may establish general practices
and limits concerning use of the Site. Such practices and limits
may include, without limitation, the maximum number of days that
message board postings or other Transmitted Content will be retained
by Mansurf on the Site, the maximum number of messages that may
be Transmitted on the Site, the maximum size of any message that
may be Transmitted on the Site, the maximum disk space that will
be allotted on the Site's servers on a User's behalf and the maximum
number of times (and the maximum duration for which) a User may
access the Site in a given period of time. User agrees that Mansurf
has no responsibility or liability for the deletion or failure
to store any messages and other communications or other Content
maintained on, Transmitted to or downloaded from the Site. Without
limiting any other matter contained herein, User further acknowledges
that Mansurf reserves the right to change these general practices
and limits at any time, in its sole discretion, and with or without
notice.
CUSTODIAN OF RECORDS
Without limiting any other matter contained herein, User represents
and warrants that with respect to any Content a User has produced
and Transmits to the Site which contains depictions of nudity
or actual sexually explicit conduct, all persons who appear therein
were 18 (eighteen) years of age or older at the time of the creation
of such depictions. Further, such User represents and warrants
that with respect to the depictions described in the preceding
sentence, true, correct and complete records required by 18 USC
Section 2257 have been obtained and will be maintained by User
in compliance with such law and will be provided to Mansurf promptly
upon request by Mansurf.
With respect to visual depictions of actual sexually explicit
conduct produced by and posted on the Site by Mansurf (other
than depictions Transmitted by a User as described in the preceding
sentence), records required by 18 USC Section 2257 are kept by
the custodian of records, A. Maisonette, at Cyber Graphics Industries,
Inc. The custodian can be reached electronically at mansurf@Mansurf
or via mail at Cyber Graphics Industries, 809 85th Street - Suite
C, Miami, Florida 33317.
TRADEMARKS
Mansurf, the Mansurf logo, and all page headers, custom graphics and
icons are service marks and trademarks of Cyber Graphics Industries
(d/b/a Mansurf) and may be used publicly only with the express
prior written consent and permission of Mansurf. Other trademarks
and service marks featured on the Site are displayed pursuant
to licenses obtained from the owners or holders of those trademarks
and service marks, and may not be used publicly without the express
prior written consent and permission of the owners or holders
of such trademarks and service marks.
COPYRIGHTS
Except for electronic messages, all Content and Services on the
Site are protected by federal copyright laws and are protected
under treaty provisions and worldwide copyright laws. Content
contained in any part of the Site may not be reproduced, copied,
edited, published, transmitted, uploaded or downloaded in any
way without the prior written consent and permission of Mansurf.
Mansurf does not grant any express or implied right to any third
party (including without limitation Users), under any trademarks,
service marks, copyrights or other proprietary information or
rights.
LIMITED LICENSE AND ACCEPTABLE USE
Mansurf provides the Content and Services on the Site for the
personal, non-commercial use by viewers, fans, visitors, Users,
Subscribers or potential Subscribers of Mansurf. Users of the
Site are granted a single, personal, non-transferable license
to download (on a single computer only) one copy of any of the
Content found on the Site made available for downloading for personal,
non-commercial use only. Mansurf reserves the right to limit
the amount of Content downloaded. Commercial use or exploitation
of the Content on the Site, or any portion thereof, is strictly
prohibited. In addition, Users of the Site may not: (1) modify
any of the Content found in any area of the Site; (2) use any
of the Content found in any area of the Site for any public display,
performance, sale or rental; (3) remove, modify or alter any copyright
or other proprietary notice or trademarks from any of the Content
found in any area of the Site; (4) otherwise Transmit any Content
located in any area of the Site to any other person or entity,
including posting to newsgroups or public forums; (5) rent, lease,
loan, sell, distribute or create derivative works based on the
Content or any portion thereof posted on the Site, or the software
or techniques used in connection with the Site; or (6) modify
the software and techniques used in connection with the Site.
Mansurf reserves the right to terminate this license at any time
if a User breaches or violates any provision of the TOS, in which
case such User will be obligated to immediately destroy any Content
information or materials User has downloaded or otherwise copied
from the Site.
Mansurf reserves all other rights coincident or related to the
Site. The use of download managers, for example Gozilla, Wget,
HTTrack, or others - to download more than one (1) image or movie
file at a time, which is available for download, is strictly prohibited
and will result in termination of a Users right to access any
portion of the Site .
DISCLAIMER
SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON
AN "AS AVAILABLE" BASIS. Mansurf EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE.
Mansurf OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE CONTENT
OR SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION FROM
DELETION, MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING
USER COMMUNICATIONS AND PERSONALIZATION SETTINGS. Mansurf DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES
CONTAINED ON THE SITE. Mansurf MAY CHANGE ANY OF THE CONTENT
OR INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE SITE AT ANY
TIME WITHOUT NOTICE. Mansurf MAKES NO COMMITMENT TO UPDATE THE
CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR LOCATED OR FOUND
ON THE SITE. IN NO EVENT SHALL Mansurf BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT
OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT OR SERVICES,
EVEN IF Mansurf HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO A USER.
TERMINATION AND ACCESS RESTRICTION
Mansurf reserves the right, in its sole discretion and without
notice to User, to terminate a User's access to the Site (or any
portion thereof) and to remove from the Site and discard any Content
(including without limitation Content a User Transmits to the
Site). Mansurf may also terminate or suspend a User's access
to the Site for inactivity, which is defined as failing to log
into a particular service for an extended period of time, as determined
by Mansurf, in it sole discretion. In the event of the suspension
or termination of a User's access to the Site (or any portion
thereof), User's right to use the Site (or any portion of which
User access has been terminated) and to access any Content or
Services contained thereon will immediately cease. Any such termination
or suspension may be implemented without notice to User.
NO SPAM
Mansurf may, in its discretion, terminate Site access of any
User that Mansurf believes, in its sole discretion, is Transmitting
or is otherwise connected with any spam or unsolicited bulk e-mail.
In the event a User's access is terminated for the reason described
in the preceding sentence, and because damages are often difficult
to quantify in such circumstances, if actual damages cannot be
reasonably calculated, then User agrees to pay Mansurf liquidated
damages equal to $5 for each piece of spam or unsolicited bulk
e-mail Transmitted from or otherwise connected with such User's
access to or use of the Site; otherwise, User agrees to pay Mansurf
actual damages, to the extent such actual damages can be reasonably
calculated. A printed version of the TOS and any notice given
in electronic form shall be admissible in judicial or administrative
proceedings to the same extent as other business documents and
records originally generated and maintained in printed form.
ACCOUNTS ARE NOT INTENDED FOR COMMERCIAL USE
The contact form, comment forms and all areas of member publishing
is intended for personal use only. Members may not use these features
to advertise other websites or products, or solicit members or
models on the site for any commercial endeavors. Mansurf may,
in its discretion, terminate Site access of any User that Mansurf
believes, in its sole discretion, is posting or is otherwise connected
with any commercial soliciting of models or members or unsolicited
advertising. In the event a User's access is terminated for the
reason described in the preceding sentence, and because damages
are often difficult to quantify in such circumstances, if actual
damages cannot be reasonably calculated, then User agrees to pay
Mansurf liquidated damages equal to $25,000 for each instance
of solicitation or advertising from or otherwise connected with
such User's access to or use of the Site; otherwise, User agrees
to pay Mansurf actual damages, to the extent such actual damages
can be reasonably calculated. A printed version of the TOS and
any notice given in electronic form shall be admissible in judicial
or administrative proceedings to the same extent as other business
documents and records originally generated and maintained in printed
form.
LINKS TO THIRD-PARTY SITES
The Site may contain links to sites that are controlled by third
parties. Those linked sites are not controlled by Mansurf and
User acknowledges that Mansurf is not responsible for the content
of any such linked site or any link contained in a linked site.
Mansurf provides such links only as a convenience, and the inclusion
of any link does not imply endorsement by Mansurf of any linked
site.
JURISDICTION AND VENUE
This Site is owned and operated by Mansurf doing business in
Miami, Florida. Mansurf makes no representation that any of the
Content or Services available on the Site is appropriate or available
for use in other locations. The TOS is governed and construed
by FLORIDA law, without regard to conflicts of law provisions.
In the event of a dispute arising out of or relating to the TOS,
or a User's use of or access to the Site, any suit must be brought
in state or federal court in the County of Dade, State of FLORIDA
and User agrees to submit to the personal and exclusive jurisdiction
of such courts located in such county.
INDEMNIFICATION
Each User indemnifies and holds Mansurf, and its subsidiaries,
affiliates, officers, directors, shareholders, employees, agents,
co-branders or other partners, harmless from and against any and
all demands, claims, losses or damages, including reasonable attorneys'
fees at trial and on appeal, related to or arising out of such
User's (i) Transmission of Content to or through the Site (and
whether or not such Content displayed or made available on the
Site), at any time, (ii) use of or access to the Site, (iii) connection
to the Site, (iv) breach of any representation, covenant or warranty
contained in the TOS, or (v) violation of any rights of another.
Further, Mansurf makes no representations or warranties as to
the conduct of any of the models displayed on the site and or
any of the USERS, specifically in the Mansurf ® Interactive
chat, personals and escort area or their compatibility with any
current or future Registered Users. IN NO EVENT SHALL Mansurf,
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS,
EMPLOYEES, AGENTS, CO-BRANDERS OR OTHER PARTNERS BE LIABLE FOR
ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL,
COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF
OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION
WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY
INJURY, EMOTIONAL DISTRESS, SEXUALLY TRANSMITTED DISEASES AND/OR
ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH
OTHER REGISTERED USERS OR MODELS OF THIS SERVICE OR PERSONS INTRODUCED
TO YOU BY THIS SERVICE.
NOTICES
Notices by Mansurf to Users may be given by means of electronic
messages or by a general posting on the Site. Notices by Users
to Mansurf must be given by e-mail or regular mail, postage prepaid
at the following address: Cyber Graphics Industries, 809 85th
Street - Suite C, Miami Beach, Florida 33317. Any question, complaint
or notice to Mansurf by means of e-mail must be sent to mansurf@Mansurf.
SERVICES FOR CUSTOMERS
Mansurf allows Subscribers to transmit data to various financial
networks and telecommunication networks for settlement. In order
to enroll in such services, the Subscriber must (i) be at least
18 years of age; (ii) populate every field on every form presented
to User with accurate data; (iii) have a valid e-mail address;
and (iv) agree to be bound by the TOS or any other agreement governing
User's use of the service or particular resource described in
the preceding sentence. User's failure to populate every field
may result in User's waiver of certain rights under the TOS or
other applicable agreements.
1. Credit/Debit Card Authorization:
By submitting credit or debit card ("Bank Card") data
to Mansurf, User authorizes Mansurf in its sole discretion to
submit financial transactions to such User's issuing bank for
settlement. User agrees that once Mansurf has approved or declined
the User's transaction, Mansurf has fully performed under the
terms of the TOS or other applicable agreements.
Each User who authorizes payment of a recurring charge (including
without limitation subscription fees payable by a Subscriber)
by Bank Card agrees to contact Mansurf in the event such User
desires to cancel any such recurring charge, all within ten (10)
days prior to the next billing cycle, except in the case of where
a User purchases a five (5) day convertible trial period (hereinafter
"Trial"), the User must cancel any such recurring charge
within two (2) days prior to the next billing cycle. Should User
fail to contact Mansurf within such time frame, User agrees to
indemnify and hold Mansurf harmless from any losses or damages
that User suffers as a result of such recurring charge.
If a User believes that there is an error on User's Bank Card
statement arising from or related to a transaction authorized
by User, including an incorrect amount or unauthorized transaction
reflected on User's Bank Card statement or transaction summary,
User agrees to contact Mansurf within the time periods set below.
Upon proper notification, Mansurf, in its sole discretion, may
issue a credit to User's
Bank Card:
o United States Issued Bank Cards-- within 120 days of the transaction.
o International Issued Bank Cards-- within 180 days of the transaction.
2. ACH Debit Authorization
By submitting a User's checking account data to Mansurf, User
authorizes Mansurf in its sole discretion to submit financial
transactions to such User's depository bank for settlement. User
agrees that once Mansurf has approved or declined the User's
transaction, Mansurf has fully performed under the terms of the
TOS or other applicable Agreement.
Each User who authorizes payment of a recurring charge (including
without limitation subscription fees payable by a Subscriber)
by checking account agrees to contact Mansurf in the event such
User desires to cancel any such recurring charge, all within ten
(10) days prior to the next billing cycle, except in the case
of where a User purchases a five (5) day convertible trial period
(hereinafter "Trial"), the User must cancel any such
recurring charge within two (2) days prior to the next billing
cycle. Should User fail to contact Mansurf within such time frame,
User agrees to indemnify and hold Mansurf harmless from any losses
or damages that User suffers as a result of such recurring charge.
If a User believes that there is an error on User's checking account
statement arising from or related to a transaction authorized
by User, including an incorrect amount or unauthorized transaction
reflected on User's checking account statement or transaction
summary, User agrees to contact Mansurf within two (2) business
days after learning of such error. Upon proper notification, Mansurf,
in its sole discretion, may issue a credit to User's checking
account.
MISCELLANEOUS
The TOS contains the entire understanding between the User and
Mansurf regarding the subject matter of the TOS, superseding
all prior or contemporaneous communications, agreements and understandings
between the User and Mansurf. The TOS is binding on and inures
to the benefit of the parties, their legal representatives, successors
and assigns; provided, however, that neither the TOS, nor any
rights granted hereunder, may be assigned, transferred, conveyed
or encumbered by User without the prior written consent of Mansurf,
which consent may be withheld in Mansurf's sole and arbitrary
discretion. If any provision or clause of the TOS, or any portion
thereof, is held by any court or other tribunal of competent jurisdiction
to be illegal, void or unenforceable in such jurisdiction, the
remainder of such provisions shall not thereby be affected and
shall be given full effect, without regard to the invalid portion.
The TOS is neither intended to, nor shall it be construed as creating,
a joint venture, partnership or other form of business association
between Mansurf and any User. If any suit or action is filed
by any party to enforce the TOS or otherwise with respect to the
subject matter of the TOS, the prevailing party shall be entitled
to recover reasonable attorney fees incurred in preparation or
in prosecution or defense of such suit or action as fixed by the
trial court, and if any appeal is taken from the decision of the
trial court, reasonable attorney fees as fixed by the appellate
court.