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MANTL WEBSITE TERMS OF USE

Updated on: April 4, 2024

These Terms of Use (the “Terms of Use” or “Terms”) govern your use of the
website located at the URL: www.mantl.com/privacy and all other associated
websites and subdomains provided by Fin Technologies, Inc. (“MANTL”, “we” or
“us”) whether accessed via computer, mobile device or otherwise (individually
and collectively, the “Site”) as well as any documents and services made
available through the Site (the Site, and the documents and services,
collectively referred to as the “Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OUR SERVICES OR OTHERWISE
INDICATING YOUR AGREEMENT TO THESE TERMS, YOU AGREE TO BE BOUND BY THESE TERMS
OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OUR SERVICES AND
MUST DISCONTINUE YOUR USE OF THE SERVICES.

AGREEMENT TO ARBITRATE. You understand that these Terms of Use contain an
agreement to arbitrate Disputes (as defined below) and you agree to such
arbitration provision as well as the included jury trial and class action
waiver. See Section 8 for more detail.


1. ACCESS TO THE SERVICES

1.1. LICENSE.

Subject to these Terms, MANTL grants you a non-transferable, non-exclusive,
revocable, limited license to use and access the Services solely for your own
personal, noncommercial use. MANTL reserves the right, at any time, to modify,
suspend, or discontinue the Services (in whole or in part) with or without
notice to you. You agree that MANTL will not be liable to you or to any third
party for any modification, suspension, or discontinuation of the Services or
any part thereof.

1.2. LIMITATION OF USE.

The rights granted to you in these Terms are subject to the following
restrictions: (a) you shall not use the Services in any way that may constitute
a violation of any applicable law, regulation, rule or ordinance of any
nationality, state, or locality or of any international law or treaty, or that
could give rise to any civil or criminal liability; (b) you shall not license,
sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Services, whether in whole or in part, or any content displayed on
or through the Services; (c) you shall not make use of the Services in a manner
that violates the intellectual property rights set forth in Section 5 below.
Unless otherwise indicated, any future release, update, or other addition to
functionality of the Services shall be subject to these Terms. All copyright and
other proprietary notices on or in the Services (or on any content displayed on
or through the Services) must be retained on all copies thereof.

1.3. REPRESENTATIONS AND WARRANTIES.

You represent and warrant to us that: (a) you are at least eighteen (18) years
of age; (b) you are located in the United States; (c) you are eligible to use
the Services and have the right, power, and ability to enter into and perform
under these Terms; (d) any information you provide in connection with the
Services, accurately and truthfully represents your business or personal
identity; (e) you will not use the Services, directly or indirectly, for any
fraudulent undertaking or in any manner so as to interfere with the operation of
the Services; and (f) your use of the Services will be in compliance with these
Terms.

1.4. TERMINATION

Subject to this Section, these Terms will remain in full force and effect while
you use the Services. We may suspend or terminate your rights to use the
Services at any time for any reason at our sole discretion, including for any
use of the Services in violation of these Terms. Upon termination of your rights
under these Terms, your license and any other rights to access and use the
Services will terminate immediately.


2. PRIVACY

You agree to MANTL’s Privacy Policy (available at https://www.mantl.com/privacy)
(“Privacy Policy”). The Privacy Policy describes how we collect, use, and
disclose information provided by you. By using the Services, you agree to, and
are bound by, the terms of the Privacy Policy.


3. INDEMNIFICATION

You agree to indemnify and hold MANTL (and its officers, employees, and agents)
harmless, including costs and attorneys’ fees, from any claim or demand made by
any third party due to or arising out of (a) your use of the Services, (b) your
violation of these Terms, (c) your violation of any third-party right, including
without limitation any right of privacy, publicity rights or intellectual
property rights, or (d) your violation of applicable laws or regulations. MANTL
reserves the right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you agree to
cooperate with our defense of these claims. You agree not to settle any matter
without the prior written consent of MANTL. MANTL will use reasonable efforts to
notify you of any such claim, action or proceeding upon becoming aware of it.


4. THIRD-PARTY LINKS & ADS

4.1. THIRD-PARTY LINKS & ADS.

The Services may contain links to third-party websites and services, and/or
display advertisements for third parties (collectively, “Third-Party Links &
Ads”). Such Third-Party Links & Ads are not under the control of MANTL, and
MANTL is not responsible for any Third-Party Links & Ads. MANTL provides access
to these Third-Party Links & Ads only as a convenience to you, and does not
review, approve, monitor, endorse, warrant, or make any representations with
respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your
own risk, and should apply a suitable level of caution and discretion in doing
so. When you click on any of the Third-Party Links & Ads, the applicable third
party’s terms and policies apply, including the third party’s privacy and data
gathering practices. You should make whatever investigation you feel necessary
or appropriate before proceeding with any transaction in connection with such
Third-Party Links & Ads.


5. INTELLECTUAL PROPERTY

All content included on the Services, such as text, graphics, logos, images, as
well as the compilation thereof, and any software used on the Services, is the
property of MANTL or its suppliers and protected by copyright and other laws
that protect intellectual property and proprietary rights. You agree to observe
and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes
thereto. MANTL and its suppliers reserve all rights not granted in these Terms.
There are no implied licenses granted under these Terms.

You will not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any of the
content on or in the Services, in whole or in part, without prior written
permission from MANTL. Your use of the Services does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete
or alter any proprietary rights or attribution notices in any content. You will
not access the Services in order to build a similar or competitive website,
product, or service. You will use protected content solely for your personal
use, and will make no other use of the content without the express written
permission of MANTL and the copyright owner. Except as expressly stated herein,
no part of the Services may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means. You
agree that you do not acquire any ownership rights in any protected content in
connection with your use of the Services. We do not grant you any licenses,
express or implied, to the intellectual property of MANTL or our licensors
except as expressly authorized by these Terms.


6. DISCLAIMERS

While MANTL makes every effort to keep the materials and information on and in
the Services accurate, we disclaim any warranty or representation, expressed or
implied about the material’s and/or information’s accuracy, completeness or
appropriateness for a particular purpose. Thus, by using the Services, you
assume full responsibility for using the materials and information on the
Services and you understand and agree that neither MANTL nor its suppliers nor
any of its employees is responsible or liable for any claim, loss, damage, costs
or expenses resulting from its use.  

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND MANTL (AND
OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO
WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,
RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.


7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MANTL (OR OUR
SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA,
COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO
THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF MANTL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE
SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED
TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S.
$50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU
AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR
RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.


8. ARBITRATION AGREEMENT

Please read the agreement to arbitrate set forth in this Section 8 (the
“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.

8.1. NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION.

Before either party may seek arbitration, the party must first send to the other
party a written Notice of Dispute (“Notice”) describing the nature and basis of
the claim or dispute, and the requested relief. A Notice to MANTL should be sent
to: 1078 Summit Avenue #722, Jersey City, NJ 07307. If MANTL does not have a
mailing or email address on file for you, this notice requirement may be
waived.  After the Notice is received, you and MANTL may attempt to resolve the
claim or dispute informally. If you and MANTL do not resolve the claim or
dispute within thirty (30) days after the Notice is received, either party may
begin an arbitration proceeding. The amount of any settlement offer made by any
party may not be disclosed to the arbitrator until after the arbitrator has
determined the amount of the award, if any, to which either party is entitled.
As used in this Section 8, “Dispute” shall include any past, present, or future
Dispute, dispute, or controversy involving you (or persons claiming through or
connected with you), on the one hand, and us on the other hand, including our
affiliates, employees, directors, representative and agents, relating to or
arising out of these Terms, and/or the activities or relationships that involve,
lead to, or result from these Terms, including the validity or enforceability of
this Arbitration Provision, any part thereof, or the Terms. Disputes include
matters arising as initial claims, counter‐claims, cross-claims, third-party
claims, or otherwise. The scope of this Arbitration Agreement is to be given the
broadest possible interpretation that is enforceable.

8.2. APPLICABILITY OF ARBITRATION AGREEMENT.

All Disputes (except as set forth below) that cannot be resolved informally
shall be resolved by binding arbitration on an individual basis under the terms
of this Arbitration Agreement. Notwithstanding the foregoing sentence, both you
and MANTL retain the right (1) to seek injunctive or other equitable relief in a
court of competent jurisdiction to prevent the actual or threatened
infringement, the misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents or other intellectual property rights; (2) to
bring a claim in a court of competent jurisdiction related to consumer personal
information, including without limitation, the provision of false information or
a data breach resulting in the unauthorized access, acquisition or compromise of
consumer personal information; (3) to bring an individual claim in small claims
court; or (4) to bring a claim seeking only public injunctive relief in court.
Except as otherwise required by applicable law, and for any Disputes not subject
to arbitration, the exclusive jurisdiction and venue will be the state and
federal courts located in New York, New York, and each of you and MANTL consent
to the personal and exclusive jurisdiction of, and venue in, such courts.
Unless otherwise agreed to, all arbitration proceedings shall be held in
English. This Arbitration Agreement applies to you and MANTL, and to any
subsidiaries, affiliates, agents, employees, predecessors in interest,
successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or goods provided under the Terms.

8.3. WAIVER OF JURY TRIAL.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO
COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL
CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION UNDER THIS ARBITRATION
AGREEMENT. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND
LESS COSTLY THAN RULES APPLICABLE IN A COURT AND ARE SUBJECT TO VERY LIMITED
REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND
MANTL IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN
ARBITRATION AWARD OR OTHERWISE, YOU AND MANTL WAIVE ALL RIGHTS TO A JURY TRIAL,
INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE.

8.4. ARBITRATION RULES.

The party initiating arbitration shall do so with Judicial Alternatives and
Mediation Services (“JAMS”). Disputes involving claims and counterclaims with an
amount in controversy under $250,000, not inclusive of attorneys’ fees and
interest, shall be subject to JAMS’ most current version of the Streamlined
Arbitration Rules; all other Disputes shall be subject to JAMS’s most current
version of the Comprehensive Arbitration Rules and Procedures (the applicable
rule set, the “JAMS Rules”).  If you have any questions concerning JAMS or would
like to obtain a copy of the JAMS Rules, you may call 1(800) 352-5267 or visit
their web site at: www.jamsadr.com. In the case of a conflict between the JAMS
Rules and this Arbitration Provision, this Arbitration Provision shall control,
subject to countervailing law, unless all parties to the arbitration consent to
have the JAMS Rules apply. A party who desires to initiate arbitration must
provide the other party with a written Demand for Arbitration as specified in
the JAMS Rules. Arbitration will proceed on an individual basis and will be
handled by a sole arbitrator. The single arbitrator will be either a retired
judge or an attorney licensed to practice law and will be selected by the
parties from JAMS’ roster of arbitrators. If the parties are unable to agree
upon an arbitrator within fourteen (14) days of delivery of the Demand for
Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS
Rules. The arbitrator(s) shall be authorized to award any remedies, including
injunctive relief, that would be available to you in an individual lawsuit and
that are not waivable under applicable law.

8.5. ADDITIONAL RULES FOR NON-APPEARANCE BASED ARBITRATION.

If your Dispute does not exceed $10,000 not inclusive of attorneys’ fees and
interest, or if you and MANTL so elect, then the arbitration will be conducted
solely on the basis of the documents that you and MANTL submit to the
arbitrator, unless the arbitrator determines that a videoconference, telephonic
or in-person hearing is necessary. If your Dispute exceeds $10,000, your right
to a hearing will be determined by the JAMS Rules. Subject to such rules, the
arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the
arbitration. If non-appearance based arbitration is elected, the arbitration
shall be conducted by telephone, online and/or based solely on written
submissions; the specific manner shall be chosen by the party initiating the
arbitration. The arbitration shall not involve any personal appearance by the
parties or witnesses unless otherwise agreed by the parties.

8.6. TIME LIMITS.

If you or MANTL pursue arbitration, the arbitration action must be initiated
and/or demanded within the statute of limitations (i.e., the legal deadline for
filing a claim) and within any deadline imposed under the JAMS Rules for the
pertinent claim.

8.7. AUTHORITY OF ARBITRATOR.

If arbitration is initiated, the arbitrator will decide the rights and
liabilities, if any, of you and MANTL, and the dispute will not be consolidated
with any other matters or joined with any other cases or parties. The arbitrator
shall have the authority to grant motions dispositive of all or part of any
claim. The arbitrator shall have the authority to award monetary damages, and to
grant any non-monetary remedy or relief available to an individual under
applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a
written award and statement of decision describing the essential findings and
conclusions on which the award is based, including the calculation of any
damages awarded. The arbitrator has the same authority to award relief on an
individual basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and MANTL.

8.8. CONFIDENTIALITY.

All aspects of the arbitration proceeding, including but not limited to the
award of the arbitrator and compliance therewith, shall be strictly
confidential. The parties agree to maintain confidentiality unless otherwise
required by law. This paragraph shall not prevent a party from submitting to a
court of law any information necessary to enforce this Agreement, to enforce an
arbitration award, or to seek injunctive or equitable relief.

8.9. SEVERABILITY.

If any part or parts of this Arbitration Agreement are found under the law to be
invalid or unenforceable by a court of competent jurisdiction, then such
specific part or parts shall be of no force and effect and shall be severed and
the remainder of the Agreement shall continue in full force and effect.


9. GENERAL

9.1. EXPORT.

The Services may be subject to U.S. export control laws and may be subject to
export or import regulations in other countries. You agree not to export,
reexport, or transfer, directly or indirectly, any U.S. technical data acquired
from MANTL, or any products utilizing such data, in violation of the United
States export laws or regulations.

9.2. COMMUNICATION.

The communications between you and MANTL use electronic means, whether you use
the Services or send us emails, or whether MANTL posts notices on or through the
Services or communicates with you via email. For contractual purposes, you (a)
consent to receive communications from MANTL in an electronic form; and (b)
agree that all terms and conditions, agreements, notices, disclosures, and other
communications that MANTL provides to you electronically satisfy any legal
requirement that such communications would satisfy if it were be in a hardcopy
writing. The foregoing does not affect your non-waivable rights. Furthermore, if
we need to contact you, you authorize MANTL and any of our third party service
providers to contact you at any phone number or email address you provide us, or
at which we believe we can reach you. We may contact you in any way, such as
calling, texting, emailing, sending mobile application push notifications or
using any other method of communication permitted by law.  You agree that MANTL,
its agents, representatives, and affiliates, and anyone calling on MANTL’s
behalf may use such means of communication described in this section even if you
will incur costs to receive such phone messages, text messages, e-mails or other
means.

9.3. GOVERNING LAW.

These Terms of Use and all other aspects of your use of the Services shall be
governed by, and all Disputes shall be resolved in accordance with, Section 8,
as set forth above, and by the laws of the State of New York, United States of
America without regard to its conflicts of law rules.

9.4. SEVERABILITY.

Except as set forth in Section 8.9, if any provision of these Terms of Use (or
any portion thereof) is determined to be invalid or unenforceable, then such
provision shall be construed, as nearly as possible, to reflect the intentions
of the invalid or unenforceable provision and the remaining provisions of
these Terms shall not be affected thereby and shall be binding upon the parties
and shall remain in full force and effect.

9.5. ENTIRE TERMS.

These Terms constitute the entire agreement between you and us regarding the use
of the Services. Our failure to exercise or enforce any right or provision of
these Terms shall not operate as a waiver of such right or provision. The
section titles in these Terms are for convenience only and have no legal or
contractual effect. The word “including” means “including without limitation”.
Your relationship to MANTL is that of an independent contractor, and neither
party is an agent or partner of the other.

9.6. CHANGES TO TERMS.

MANTL reserves the right, in its sole discretion, to change the Terms under
which the Services are offered by posting the revised Terms to the Services or
other method acceptable under applicable law. The most current version of the
Terms will supersede all previous versions. Your continued use of the Services
after any change to the Terms constitutes your agreement to be bound by any such
changes. MANTL encourages you to periodically review the Terms to stay informed
of our updates.

9.7. ASSIGNMENT.

These Terms, and your rights and obligations herein, may not be assigned,
subcontracted, delegated, or otherwise transferred by you without MANTL’s prior
written consent, and any attempted assignment, subcontract, delegation, or
transfer in violation of the foregoing will be null and void. MANTL may freely
assign these Terms. The terms and conditions set forth in these Terms shall be
binding upon assignees.

9.8. COPYRIGHT/TRADEMARK INFORMATION.

Copyright © 2022 Fin Technologies, Inc. All rights reserved. All trademarks,
logos and service marks (“Marks”) displayed on or through the Services are our
property or the property of other third parties. You are not permitted to use
these Marks without our prior written consent or the consent of such third party
which may own the Marks.

9.9. SURVIVAL

The following sections of these Terms survive and remain in effect in accordance
with their terms upon termination: 2 (Privacy), 3 (Indemnification), 4
(Third-Party Links & Ads); 5 (Intellectual Property), 6 (Disclaimers), 7
(Limitation of Liability), 8 (Arbitration Agreement), 9 (General).


10. CONTACT INFORMATION

If you have any questions regarding these Terms of Use or the Services, please
contact us by email at hello@mantl.com or via mail to:

1078 Summit Avenue #722
Jersey City, NJ 07307

Request a Demo


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