Terms and Conditions

Welcome to the website(s) of Manta Industries, Inc. (“Manta Industries,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website located at https://www.manta.inc and any other websites we own or operate (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Site.

IMPORTANT: These Terms contain a mandatory arbitration provision and a class action waiver in Section 13, which affect your legal rights. Please read them carefully.

Note: These Terms govern your use of the Site only. Access to and use of Manta Industries’ software products and services are governed by separate enterprise agreements. In the event of any conflict between these Terms and a separately executed enterprise agreement, the enterprise agreement shall control.

1. Acceptance of Terms

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically. The “Effective Date” at the top of this page indicates when these Terms were last revised.

2. Use of the Site

The Site is provided for informational purposes only, including to provide information about Manta Industries, our products and services, career opportunities, and investor relations materials. You agree to use the Site only for lawful purposes and in accordance with these Terms.

You agree not to:

  • use the Site in any way that violates any applicable federal, state, local, or international law or regulation;

  • use the Site to transmit or send unsolicited commercial communications;

  • attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;

  • use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;

  • introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  • attempt to reverse engineer, decompile, or disassemble any software or technology underlying the Site; or

  • otherwise attempt to interfere with the proper working of the Site.

3. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, graphics, video, audio, design, selection, and arrangement thereof) are owned by Manta Industries, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Manta Industries name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Manta Industries or its affiliates. You must not use such marks without the prior written permission of Manta Industries. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

4. Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial informational purposes only. This license does not include:

  • any resale or commercial use of the Site or its contents;

  • any collection or use of any product listings, descriptions, or prices;

  • any derivative use of the Site or its contents;

  • any downloading, copying, or other use of information for the benefit of any third party; or

  • any use of data mining, robots, or similar data gathering and extraction tools.

This license is automatically revoked if you violate any of these Terms. We reserve the right to revoke this license at any time for any reason. Any unauthorized use terminates the permission granted by us.

5. No Warranties; “As Is”

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MANTA INDUSTRIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Manta Industries does not warrant that the Site will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Site will be accurate or reliable, or that any errors in the Site will be corrected. You acknowledge that your use of the Site is at your sole risk.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANTA INDUSTRIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • your access to or use of (or inability to access or use) the Site;

  • any conduct or content of any third party on or related to the Site;

  • any content obtained from the Site; or

  • unauthorized access, use, or alteration of your transmissions or content,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless Manta Industries, Inc., its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including but not limited to any use of the Site’s content other than as expressly authorized in these Terms.

8. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by Manta Industries. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Manta Industries shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

The inclusion of any link does not imply endorsement, authorization, or sponsorship by Manta Industries. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. User Submissions

Any information, materials, or ideas you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, except for personal data which will be handled in accordance with our Privacy Policy. By submitting any content to us through the Site, you grant Manta Industries a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that you own or control all rights to the content that you submit, that the content is accurate, and that use of the content does not violate these Terms and will not cause injury to any person or entity. You are solely responsible for any content you submit.

You agree not to post or transmit to or from the Site any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

10. Privacy

Your use of the Site is also governed by our Privacy Policy, available at https://www.manta.inc/privacy. By using the Site, you consent to the collection, use, and sharing of your information as described in our Privacy Policy.

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.

12. Compliance with Laws

The Site is controlled and operated from the United States. We make no representation that the Site or its content is appropriate or available for use in other locations. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws. You may not use or export any content from the Site in violation of U.S. export laws and regulations.

13. Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

13.1 Agreement to Arbitrate. You and Manta Industries agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site (collectively, “Disputes”) will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring individual claims in small claims court if they qualify. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this Section 13.

13.2 Arbitration Rules and Forum. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by these Terms, and will be administered by JAMS. The JAMS Rules are available at www.jamsadr.com. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in New York, New York, unless the parties agree otherwise or the arbitrator determines that such venue is unduly burdensome, in which case the arbitrator shall select an alternative venue.

13.3 Arbitration Costs. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules. If your claim is for less than $10,000, Manta Industries will pay all filing, administration, and arbitrator fees. If the arbitrator finds that your claim was frivolous or brought for an improper purpose, Manta Industries may seek to recover fees to the extent permitted by the JAMS Rules and applicable law.

13.4 Class Action Waiver. YOU AND MANTA INDUSTRIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

13.5 Opt-Out. You may opt out of this arbitration provision by sending written notice to Manta Industries, Inc., 169 Madison Avenue STE 66704, New York, NY 10016, Attn: Legal Department, or by email to contact@manta.inc, within thirty (30) days of the date you first access the Site. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, the governing law and jurisdiction provisions in Section 11 shall apply, and any legal action or proceeding shall be brought exclusively in a federal or state court located in New York, New York.

13.6 Survival. This arbitration provision shall survive termination of these Terms and your use of the Site.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be severed, and the remaining provisions of these Terms will continue in full force and effect.

15. Waiver

No waiver by Manta Industries of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Manta Industries to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the sole and entire agreement between you and Manta Industries regarding the Site. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. For the avoidance of doubt, these Terms do not supersede or modify the terms of any separately executed enterprise agreement between you and Manta Industries governing the use of our software products and services.

17. Assignment

We may assign our rights and obligations under these Terms to any party at any time without notice to you. You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent.

18. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation Sections 3, 5, 6, 7, 9, 11, 13, 14, and 16.

19. Contact Information

If you have any questions about these Terms, please contact us:

Manta Industries, Inc.

169 Madison Avenue STE 66704

New York, NY 10016

United States

Email: contact@manta.inc