Welcome to UMANO


UMANO Inc is the owner of this website (learning.barbarabacigalupi.com) and its family of related partner websites including but not limited to www.dragonmedallions.com, www.trulyhumanmedallions.com, www.trulyhuman.com, and www.umano.co. For all UMANO websites you are subject to the following notices, terms, and conditions. Also, when you use this website, in addition to these terms and conditions, you will be subject to the specific rules, guidelines, policies, terms, and conditions applicable to each.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.

USER REGISTRATION, PASSWORD AND SECURITY
As a condition of using this website, you agree to: (a) provide true, accurate, current and complete information about yourself (the "membership data") as prompted by the forms; (b) to maintain and promptly update the membership data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or UMANO has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, UMANO has the right to suspend or terminate your account, and refuse any and all current or future use of this website. You will receive a password and account designation upon completing the membership forms. You are responsible for maintaining the confidentiality of that password. You agree to notify UMANO immediately of any unauthorized use of your password or account.

PROTECT YOUR ACCOUNT
Keep your password private and anyone who knows your password can access your account. Always log out from this website when you complete a visit, especially if you are using a public computer. Use only those browsers which have proven credibility, such as Internet Explorer, Google Chrome, Mozilla or Safari. Always be sure that you have updated your computer to the latest browers edition, as security features are continually improved.

Creating a strong password in the first place. You can do this by using 8 characters or more, including a combination of letters and numbers. You may change your password as often as you like. To change your password, visit the appropriate section in My Account.

Be wary of unsolicited e-mail and telephone contacts. We will only communicate with you by E-mail regarding your account. If anyone calls you by phone or writes to you asking for your password, credit card or other financial information, be wary that this may be fraudulent. Your password and financial information should only be submitted when completing an order on this website, when you contact us directly, or when making updates to your account. Treat any email with a link to update account information as suspicious, do not click through an E-mail link. Access your account only through learning.barbarabacigalupi.com.

PARENTAL AUTHORIZATION
Parents of children under the age of 18 who wish to allow their children access to this website must authorize that access. When you create an account for your child, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the account and that you give your child permission to access all of the website. Please remember that the website is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether the website is appropriate for your child.

COPYRIGHT AND TRADEMARK
The contents of this site are protected by U.S. and international copyright and trademark laws, and are the property of UMANO and any other owners. Unless we say otherwise, you may access the materials located within the website only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the website. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the website. To seek our permission, you may write to our Copyright and Trademark Agent, listed below. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the website. UMANO and UMANO logo are the pending or registered trademarks of UMANO, Inc., in the United States and other countries. UMANO's trademarks may not be used in connection with any product or service that is not UMANO’s, in any manner likely to cause confusion among customers, or in any manner that disparages or discredits UMANO or this website.

COPYRIGHT/TRADEMARK COMPLAINTS
UMANO respects the intellectual property of others. If you believe that your work has been copied or used in a way which constitutes copyright or trademark infringement, please provide Notice to UMANO’s Copyright/Trademark agent. If you believe that your work has been copied or used in a way which constitutes copyright or trademark infringement, please provide UMANO’s Copyright/Trademark counsel the following information:
1. a signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
2. a description of the copyrighted work or trademark that you claim has been infringed;
3. a description of where the claimed infringing material is located on the UMANO site;
4. your address, telephone number, and email address;
5. a statement that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or trademark owner or authorized to act on the owner's behalf.

To contact UMANO’s Copyright/Trademark Agent for Notice of claims of copyright or trademark infringement on its site, write to Copyright/Trademark Agent, UMANO, 952 School St, Ste 203, Napa, CA 94559.

USE OF SITE
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by UMANO. UMANO reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if UMANO reasonably believes that a user’s conduct violates applicable law or is harmful to the interests of UMANO and its affiliates.

RELATIONSHIP
The relationship between UMANO and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

SYSTEM AVAILABILITY
UMANO makes every effort to maintain 100% system availability, except during scheduled maintenance periods. Should we experience technical difficulties, UMANO is not responsible for orders that are not processed or accepted.

PRIVACY
You have read the UMANO Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by UMANO in accordance with the terms of and for the purposes set forth in the UMANO Privacy Policy.

SUBMITTED MATERIAL
UMANO appreciates comments and suggestions from users and visitors of our site. You agree that UMANO will own anything you send us. All suggestions, ideas, comments, concepts, messages, emails, photos, videos, samples, and other content shall become the sole property of UMANO upon transmission to us and you assign complete ownership and/or grant a perpetual, royalty free, worldwide license to use such submissions in any manner thereafter. You also grant UMANO the right to authorize the downloading and printing in whole or in part of any material that you have posted on the UMANO website, by visitors for their personal use. You agree to take whatever action necessary to protect your own intellectual property rights in such Content, including without limitation the posting of appropriate copyright notices. Please refer to the Company's Copyright Policy for further information on the enforcement of intellectual property rights. Furthermore, you waive any socalled "moral rights" with respect to the submissions and acknowledge that we may edit the material at our sole discretion. IF YOU DO NOT AGREE TO THIS FULL ASSIGNMENT OF OWNERSHIP INTEREST TO UMANO, DO NOT TRANSMIT ANY SUCH MATERIALS TO US. To everyone that has sent and will send suggestions, comments, photos, compliments, and constructive criticisms, you have our heartfelt thanks.

DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, advertisers or other third parties found on or through the UMANO website, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that UMANO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the UMANO website.

DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UMANO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH THE WEBSITE CANNOT REPLACE OR SUBSTITUTE FOR THE SERVICES OF TRAINED PROFESSIONALS IN ANY FIELD, INCLUDING, BUT NOT LIMITED TO, FINANCIAL, MEDICAL, OR LEGAL MATTERS. IN PARTICULAR, YOU SHOULD REGULARLY CONSULT A DOCTOR IN ALL MATTERS RELATING TO PHYSICAL OR MENTAL HEALTH, PARTICULARLY CONCERNING ANY SYMPTOMS THAT MAY REQUIRE DIAGNOSIS OR MEDICAL ATTENTION. NEITHER UMANO NOR ANY OF ITS RESPECTIVE LICENSORS OR SUPPLIERS MAKE REPRESENTATIONS OR WARRANTIES CONCERNING ANY TREATMENT, ACTION, EXERCISE TECHNIQUES OR MODES OF THINKING BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH UMANO. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, INJURY, ILLNESS OR DEATH.

UMANO MAKES NO WARRANTY THAT
(A) THIS WEBSITE WILL MEET YOUR REQUIREMENTS,
(B) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THIS WEBSITE WILL BE ACCURATE OR RELIABLE,
(D) ANY ERRORS IN THIS WEBSITE WILL BE CORRECTED OR
(E) THIS WEBSITE OR THE CONTENT RETRIEVED THROUGH IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UMANO MAKES NO WARRANTY REGARDING ANY GOODS OR UMANO'S WEBSITES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM MAILING LISTS OR ADVERTISED THROUGH ITS SPONSORS OR MAILING LISTS, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH SUCH LISTS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS RECEIVED AT YOUR OWN RISK AND YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UMANO OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF THE WEBSITE.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL UMANO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UMANO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM

(A) THE USE OR THE INABILITY TO USE THE WEBSITE FOR ANY REASON;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(C) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
(D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(E) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; OR
(F) ANY OTHER MATTER RELATING TO THE WEBSITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UMANO IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY AND PUBLICITY RIGHTS. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF THE TERMS OF THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

APPLICABLE LAW
This site is created, updated and controlled by UMANO in the State of California, USA. As such, these terms will be governed by and construed in accordance with the laws of the State of California, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in San Francisco County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and UMANO relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to customerservice@barbarabacigalupi.com.

MODIFICATIONS TO UMANO WEBSITE
UMANO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that UMANO shall not be liable to you or any third party for any modification to or discontinuance of the website.

REVIEWS, COMMENTS, POSTINGS, PHOTOS AND OTHER CONTENT
You understand that all information, text, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, not UMANO, are entirely responsible for all Content that you upload, post, email or otherwise transmit using the UMANO website. UMANO does not control the Content posted using the website and as, such does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstance will UMANO be liable in any way for any Content, including, but not limited to, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed or otherwise transmitted or hosted using the website. No attached files of any kind are permitted in the message boards.

You acknowledge that UMANO does not prescreen Content, but that UMANO shall have the right (but not the obligation) to refuse or move or delete any Content that is made available using the website, including without limitation any Content that violates the Terms of the website or is otherwise objectionable. You agree that you must valuate, and bear all rights and obligations associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of such Content. You also acknowledge and agree that UMANO may preserve or remove Content and may disclose Content, including information about your account or your use of the website, to any third party if required to do so by law or in the good faith belief that such preservation, removal or disclosure is necessary to: (a) comply with legal process; (b) enforce the Terms of the website; (c) respond to claims that any Content violated the rights of third parties; or (d) protect the rights, property, or personal safety of UMANO, its visitors or the public.

By way of example, and not as a limitation, you agree that UMANO may remove Content or terminate your account, without notice, if UMANO believes, in its sole discretion, that you are engaged in any of the following activities: (a) uploading, posting, emailing or otherwise transmitting any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harming minors in any way; (c) impersonating any person or entity, including, but not limited to, an UMANO employee, or falsely stating or otherwise misrepresenting your affiliation with a person or entity; (d) creating false, misleading or duplicative addresses in order to disguise the destination of any Content transmitted through the website; (e) forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the website; (f) adopting of names and addresses for the purpose of cybersquatting; (g) uploading, posting, emailing or otherwise transmitting any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); (h) uploading, posting, emailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary right ("Rights") of any party; (i) uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of such solicitation; (j) uploading, posting, emailing or otherwise transmitting 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; (k) interfering with or disrupting the website or servers or networks connected to the website, or disobeying any requirements, procedures, policies or regulations of networks connected to the website; (l) intentionally or unintentionally violating any applicable local, state, national or international law; (m) "stalking" or otherwise harassing another; (n) harvesting or otherwise collecting information about others, including email addresses, without their consent.

TERMINATION
You agree that UMANO, in its sole discretion, may terminate your password, account or use of the website, and remove and discard any Content within the website, for any reason, including without limitation, for lack of use or if UMANO believes that you have violated or acted inconsistently with the letter or spirit of the Terms of the website. UMANO may also, in its sole discretion and at any time, discontinue providing the website, or any part thereof, with or without notice. Further, you agree that UMANO shall not be liable to you or any third party for any termination of access to the website.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless UMANO from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with: (a) the Content you upload, submit, post, or transmit through the website; (b) your use of the website; (c) your connection to the website; (d) your violation of the Terms of the website, or (e) your violation of the rights of another. UMANO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

OUR ADDRESS
learning.barbarabacigalupi.com UMANO Inc
952 School Street, Napa, CA 94559