THE-O-MAN TERMS OF SERVICE

Acceptance of The Terms of Service 

These Terms of Service entered into by and between you and The-O-Man (“we”, “our” or “us”) governs your use of our website (https://www.the-o-man.com). The terms, together with any documents We expressly incorporate by reference, govern your access to and use of our Website, including any content, functionality and services offered on the “Website”, whether as a guest or a registered user.

Please read these Terms of Service carefully before you start to use the Website or register for our services. By doing so or by clicking to accept or agree to these Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Policies. If you do not want to agree to these Terms of Service, you must not access or use the Website.

Disclaimer

Our services are for educational and informational purposes only based on your body-work and not in any way for extortion, prostitution or solicitation. We do not assume liability for any actions undertaken after visiting our web pages or subscribing for our services.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or self-gratifying. The information on this site is provided “as is” and without warranties or conditions of any kind, either express or implied. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service delivered to you is (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, and non-infringement.

Limitation of Liabilities

In no case shall The-O-Man, employees, affiliates, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, strict liability or otherwise, arising from your use of any of the service or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

General Terms

These Terms of Service stated herein contain the entire agreement between you and The-O-Man relating to your use of the site and supersede all prior or concurrent communications and proposals, in any form, between you and The-O-Man. No other terms or conditions apply. You agree not to introduce into or through the Site any information, content or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among others, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Use of The-O-Man is restricted to your personal use. You shall not use The-O-Man for any other purpose. We reserve the right to refuse service to anyone for any reason at any time.

Services

We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue the service at any time. Any offer for any service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Website, such as name, e-mail, phone number and Location (Country, State and City) or any other information the Website collects that is defined as personal or personally identifiable information under applicable law.

Payment details or billing information (including credit and debit cards information) of users when they access our paid service on the website will also be collected via verified online payment gateways. Collecting of such information are subject the terms and conditions including relevant Privacy Policies of the payment gateway vendor. All payment (credit and debit) dispute, questions and complains arising from customer access to such payment gateway should be forwarded to them.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • to provide you with information, or services that you requested from us;
  • to fulfil any other purpose for which you provide it;
  • to provide you with notices about our services, including occasional newsletter.
  • to carry out our obligations and enforce our rights arising from any contracts entered into between you and us;
  • to notify you about changes to the Website or any products or services we offer or provide through it;
  • to allow you to participate in interactive features on the Website;
  • for any other purpose with your consent.

Disclosure of Your Information

The-O-Man will only disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process, to a subpoena, search warrant or another lawful request; served on The-O-Man or the site. (b) protect and defend the rights or property of The-O-Man; and, (c) act under exigent circumstances to protect the personal safety of users of The-O-Man, or the public. To also enforce or apply our Terms of Service and other agreements.

We do not disclose, sell, rent or share users’ e-mails, names or other information provided to us other for the purpose it was provided (as indicated in the section above or as noted in the paragraph above).

Eligibility

The Website is offered and available to users who are 18 years of age or older. By using Website, you represent and warrant that you are of legal age to form a binding contract with us in your state of residence and you meet all of the preceding eligibility requirements. If you do not meet all of these requirements, you must not access, or use the Website.

Changes to The Terms of Service 

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after that. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.

Opt-Out & Unsubscribe

We provide users the opportunity to opt-out of receiving communications from us by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at any time. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from The-O-Man by contacting us through email via m@the-o-man.com

GDPR Compliance

The current Data Protection Directive (officially Directive 95/46/EC) defines an individual’s consent as “any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him/her being processed.” Personal data must be collected for specified, explicit and legitimate purposes relative to the purposes for which they are processed.

In regards to GDPR regulations ‘signing-up’ into The-O-Man website ensures:

  1. Clear indication that the consent of users is unambiguous and involve an explicit affirmative action.
  2. Users consent are separated from other terms and conditions.
  3. According to GDPR, our Website has no pre-ticked opt-in boxes.
  4. It requires granular consent for distinct processing operations.
  5. Your right to withdraw consent at any time is equally guaranteed.

Copyright

All text, images, graphics, user interfaces, photographs, trademarks, logos, and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is the property of The-O-Man or its content suppliers. No part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without The-O-Man prior express written consent. The-O-Man expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

Indemnification

You agree to indemnify, defend and hold harmless The-O-Man and our affiliates, agents, licensors, service providers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents we incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflict of law.

Contact information

Questions about the Terms of Service should be sent to us at m@the-o-man.com