Terms of Service Agreement
Last updated: January 1, 2020
MANTL may revise these Terms at any time. Your continued usage of the MANTL Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the MANTL Services are protected by law, including, but not limited to, United States copyright laws and international treaties.
The terms "you," "your," "user," and "users," as used herein, refer to all individuals and/or entities accessing the MANTL Services for any reason.
PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH MANTL ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.
You must be 18 years of age or older to visit or use the MANTL Services in any manner. By visiting the MANTL Services or accepting the Terms, you represent and warrant to MANTL that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to MANTL that you will use the MANTL Services in a manner consistent with any and all applicable laws and regulations. If you do not meet all of these requirements, you must not access or use the MANTL Services.
We reserve the right to withdraw or amend the MANTL Services, and any service or material we provide on the MANTL Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the MANTL Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the MANTL Services, or the entire MANTL Services, to users, including registered users. You are responsible for both: (i) making all arrangements necessary for you to have access to the MANTL Services, and (ii) ensuring that all persons who access the MANTL Services through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the MANTL Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The content on the MANTL Services, such as information, software, design, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from MANTL's licensors, and any other materials displayed through the MANTL Services (collectively, the "Contents") is protected by copyright under both United States and foreign laws. Title to the Contents remains with MANTL. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of MANTL or its licensors.
MANTL authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: "Copyright © 2019, MANTL, Inc. All rights reserved" and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the MANTL Services may be included elsewhere within the MANTL Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to MANTL and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
So long as you are in compliance with these Terms, MANTL grants a non-exclusive limited, non-transferable license to use the MANTL Services. You may not distribute or make the MANTL Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and/or damages. These Terms will govern any upgrades provided by MANTL that replace and/or supplement the original MANTL Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents. No right, title, or interest in or to the MANTL Services or any content on the MANTL Services is transferred to you, and all rights not expressly granted are reserved by MANTL.
You may not, without MANTL's written permission, "mirror" any Contents contained in the MANTL Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the MANTL Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any "deep-link", "page-scrape", "robot", "spider", or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the MANTL Services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the MANTL Services or Contents or otherwise attempt to gain unauthorized access to any portion of the MANTL Services or Contents or any other systems or networks connected to the MANTL Services, or to any server of MANTL or its third party service providers, by hacking, password "mining", or any other illegal means; (g) attempts to gain unauthorized access to MANTL's user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) use the MANTL Services or Contents for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies.
Additionally, you agree not to:
You agree that MANTL may, in its sole discretion and at any time without prior notice or any notice, and MANTL reserves the right, in its sole discretion, to (i) refuse, discontinue, modify, suspend, block. and/or terminate your use of, and access to, the MANTL Services, or any portion thereof, (ii) modify and/or terminate accounts or subscriptions, (iii) remove or edit content, or (iv) modify and/or cancel orders or shipments.
Except as provided under Submission of Ideas (Section 2.3 below), MANTL does not claim ownership of any information or material a user provides to MANTL or posts, uploads, input, submits, or transmits to the MANTL Services ("Submission"). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the MANTL Services, or which, in the judgment of MANTL, exposes MANTL or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by MANTL. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—MANTL a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, MANTL is not required to use any Submission.
You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. MANTL is not responsible for the consequences of any Submission. MANTL is not responsible for screening or monitoring Submissions made to this MANTL Services by users. If notified by a user of a Submission allegedly in violation of these Terms, MANTL may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. MANTL will have no liability or responsibility to users for performance or nonperformance of such activities.
MANTL reserves the right (but is not obligated) to: (a) record the dialogue on the MANTL Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user's access to any or all parts of the MANTL Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the MANTL Services, regardless of whether such Submission violates these Terms.
Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works ("Ideas") in any form to MANTL. MANTL's policy is to not accept, review, or consider unsolicited Ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names). The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of MANTL's products, services or marketing strategies might seem similar to ideas submitted to MANTL.
Notwithstanding such policy, any Ideas that are offered or communicated to us through the MANTL Services or otherwise shall be the property of MANTL, and may be treated by MANTL as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to MANTL will automatically become the property of MANTL, without any compensation to you; (b) MANTL may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) MANTL has no obligation to review any Idea; and (d) MANTL has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, MANTL.
MANTL sells personal care products, including, without limitation, the products listed on our www.mantlmen.com website (the "Products") to end-user customers. Our customers may, but are not required to, subscribe to a recurring purchase and shipman plan to have selected Products shipped regularly on a schedule of such customer's choosing only for their own personal, non-commercial use ("Subscription"). You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription and all rights and privileges conferred are personal and non-transferable.
The price that we will charge you for the Products and/or associated shipping costs may be based on a subscription vs. non-subscription pricing structure that depends on the Subscription chosen (if any) and the number of Products in your order (each a "Shipment"). Pricing for Products and Subscriptions (including any applicable shipping and handling fees) can be found on MANTL's website: www.mantlmen.com. You may view or customize the Products in each Shipment by visiting your "Account" page via logging in to MANTL's website: www.mantlmen.com. By adding or removing Products from a Shipment, or changing your Subscription, this may change the price that we will charge you for the Products and Shipment. We reserve the right to change a Product's price or the pricing structure at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.
To view the specific details of your Shipment(s), including frequency of shipments and next ship date, visit our website and click on "Sign In." To view your next Shipment price, Shipment contents, and Shipment date, click on "Manage Subscription".
MANTL reserves the right, in its absolute discretion, to withdraw or modify any Product, Subscription, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Subscriptions, offers, or promotions advertised on the MANTL Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
If any problems arise with your order or Shipment, or with the shipping address or Payment Method associated with your Subscription or Shipment, and MANTL is unable to resolve the problem, we may notify you via e-mail using the address associated with your order, Shipment, or Subscription. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future Shipments until the problem has been resolved.
If you are dissatisfied with one of our Products for any reason, we may refund the amount paid for that Product in your most recent Shipment received. Refund requests must be made directly to us at email@example.com within 30 days of the date of shipment by MANTL. We are not liable for Products that are damaged or lost in transit to MANTL. Promptly following MANTL's receipt of your request, MANTL will, on a case-by-case basis, make a determination on whether to (i) provide a refund and/or credit for Product returns, and/or (ii) refund and/or replace damaged Products (in each of the foregoing two clauses, as determined on a case-by-case basis less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, MANTL does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.
We will not provide a refund for a request that is received by MANTL more than 30 days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION (AND ANY AND ALL ASSOCIATED SHIPMENTS) AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
MANTL will automatically renew your Subscription and charge your Payment Method depending on the Subscription and/or Shipment shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Subscription during the sign-up process.
Your Payment Method will be charged at least one full business day prior to your next Shipment shipping date. We will charge your Payment Method with the applicable cost for your Shipment, along with any shipping and handling costs and sales or similar taxes that may be charged with your Subscription.
To avoid being charged, you must cancel your Subscription and/or Shipment in accordance with Section 4.3 (Subscription Cancellation). We will continue to bill your Payment Method on a recurring basis (depending on the Subscription and/or Shipment shipping frequency selected) until you cancel.
You will be shipped a Shipment based on the shipping frequency and/or shipping date chosen in your account.
Subscribers may postpone their Subscription's next Shipment up to twelve (12) weeks through their "Manage Subscription" page on the MANTL website within their account portal.
You may cancel your Subscription at any time from the "Account" page on the MANTL website. To cancel a Subscription, click on "Manage Subscription" link at the bottom of the page, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one full business day prior to your next Shipment shipping date to avoid being charged for that Shipment. Cancellation requests received by MANTL through other channels may take up to five (5) business days to process. If you have any problems, please email us at firstname.lastname@example.org.
The use of the MANTL Services or the Contents is at your own risk. The Contents in the MANTL Services could include technical inaccuracies or typographical errors. MANTL may make changes or improvements at any time in our sole discretion. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the MANTL Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE MANTL SERVICES AND THE CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MANTL SERVICES, IS AT YOUR OWN RISK. YOUR USE OF THE MANTL SERVICES AND THE CONTENTS IN THE MANTL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
NEITHER MANTL NOR ANY PERSON ASSOCIATED WITH MANTL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MANTL SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MANTL NOR ANYONE ASSOCIATED WITH MANTL REPRESENTS OR WARRANTS THAT THE MANTL SERVICES, THE CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MANTL SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE MANTL SERVICES, OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MANTL SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MANTL SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MANTL SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MANTL SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENTS OR OTHER MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO THE MANTL SERVICES. YOU (AND NOT MANTL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE FULLEST EXTENT PROVIDED BY LAW, MANTL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE, IN NO EVENT WILL MANTL, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MANTL SERVICES, ANY WEBSITES LINKED TO THE MANTL SERVICES, ANY AND ALL CONTENTS ON THE MANTL SERVICES OR SUCH OTHER WEBSITES LINKED TO THE MANTL SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Notice Regarding Medical Advice.
THE MANTL SERVICES DO NOT PROVIDE MEDICAL OR OTHER LICENSED PROFESSIONAL ADVICE. NOTHING STATED OR POSTED ON OR AVAILABLE THROUGH THE MANTL SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. THE MANTL SERVICES, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THE MANTL SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. THE MANTL SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR OTHER PROFESSIONAL SERVICES OR ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THIS SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
The MANTL Services may contain hyperlinks to other websites and webpages ("Third-Party Pages"), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, "Third-Party Applications"). MANTL does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. MANTL is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the MANTL Services. You agree that MANTL shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the MANTL Services.
The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the MANTL Services does not indicate MANTL's approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the MANTL Services, or based on such third party's participation or presence on the MANTL Services, are solely between you and the third party. MANTL makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the MANTL Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You agree to defend, indemnify, and hold MANTL, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "MANTL Parties") harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fees, actions, demands, and/or settlements including, without limitation, reasonable legal and accounting fees, arising out of, relating to, and/or resulting from, or alleged to result from, (i) your use of the MANTL Services Contents, and/or Products (including, without limitation, your Submissions), (ii) your violation of these Terms, and/or (iii) your use of any information obtained from the MANTL Services. MANTL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability; Disclaimer of Warranties, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.
The owner of the MANTL Services is based in the State of California in the United States. We provide the MANTL Services for use only by persons located in the United States. We make no claims that the MANTL Services or any of its content is accessible or appropriate outside of the United States. Access to the MANTL Services may not be legal by certain persons or in certain countries. If you access the MANTL Services from outside the United States, you do so on your own initiative and risk and you are responsible for compliance with local laws.
These Terms are governed in accordance with the laws of the state of California, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Please read this Section 12 ("Arbitration Agreement") carefully. It is part of your contract with MANTL and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Most customer concerns can be resolved quickly and to a customer's satisfaction by writing to our customer service department at email@example.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.
Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and MANTL and/or MANTL's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or MANTL may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND MANTL ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.
You and MANTL must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) MANTL will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, MANTL will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.
With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in California.
Applicable to Canada: In Canada, if a dispute arises between you and MANTL and/or MANTL's employees, agents, successors, or assigns, which is not resolved, the parties involved in the dispute may agree to resolve the dispute using final and binding arbitration. If the parties elect to use arbitration, claims shall be referred to the ADR Institute of Canada. For a copy of the procedure to file a claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.
If you believe any Submission accessible on or from the MANTL Services infringes your copyright, you should notify MANTL of your infringement claim in accordance with the procedures below:
We will process each notice of alleged infringement that MANTL receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to MANTL at firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us at:
17602 17th Street
Tustin, CA 92780
Attn: DMCA Takedown Request
In an effort to protect the rights of copyright owners, MANTL maintains a policy for the termination, in appropriate circumstances, of users of the MANTL Services who are repeat infringers.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of MANTL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.