Last Updated: June 27th, 2023
Mantis Terms & Conditions
1. General & Acceptance of Terms
Welcome to the Mantis Funding LLC websites which include MantisFunding.com, MoneyMattersNow.com, and CrestHillCapital.com (collectively the “Websites”). The following terms and conditions govern your use of the Websites as well as the services offered by Mantis Funding LLC (“MF”), Money Matters Now LLC (“MMN”), and Crest Hill Capital LLC (“CHC”). For purposes of these terms, each of Mantis Funding, MMN, and CHC may be referred to individually as a “Mantis Party” and collectively as, the “Mantis”.
These Terms and Conditions (the “Terms”) are entered into by and between you and each of the Mantis Parties and govern your access to and use of the the Websites and the funding related services offered by any of the Mantis Parties (collectively, the “Services”). You agree that if you visit one of our Websites, submit an application to sell receivables, obtain revenue-based financing or other business funding (each a “Funding” and the application, a “Funding Application”), or submit an application to become a Mantis Independent Sales Organization (an “ISO Application” and, together with the Funding Application, an “Application”) you will be bound by the Terms. Additionally, if you submit a Funding Application, you also agree to be bound by the Additional Terms and Conditions for Funding Applicants, which, when applicable, are considered to be integrated into and a part of the Terms.
By using and/or visiting these Websites and/or using any of our Services, you further consent to the conduct of business with Mantis by electronic and digital means, including without limitation email, e-signatures and e-payments as applicable.
Please note that these Terms, with limited exception, contain an arbitration clause and class action waiver located in Section 15. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
The Services are offered and available to users who are 18 years of age or older, and reside in the United States. By using the Services, you represent, warrant, and covenant that (i) all information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; and (iv) you will only use the Services in accordance with these Terms and applicable law.
If you set up an account with Mantis, you are solely responsible for the activity that occurs in your account, and you must keep your account up to date and your computer or mobile device secure. You must notify Mantis immediately of any change in any of information or documents that you upload onto our platform or are shared with us in connection with an Application or with funding (the “Information and Documents”), or in the case of a security incident, data breach or unauthorized use of your account. You accept sole responsibility for all of your activities using the Services and you may never use another user’s account. Mantis will not be liable for any inaccuracy contained in your Information and Documents, your personal or account information or relating to the use of your account or the Services.
3. Changes To Terms
Mantis may revise and update these Terms from time to time in our sole discretion, without notice. All changes are effective immediately when we post them provided that any changes relating to dispute resolution will not apply to any disputes for which the parties have actual notice on or before the data the change is posted on the Websites and will be subject to the sub-section entitled “Modifications” in the Dispute Resolution and Binding Arbitration section of the Terms.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. It is your sole responsibility to check our Terms each time you access the Services so you are aware of any changes, and you agree that the changes are binding on you.
4. Accessing the Services
You acknowledge that the Services are subject to certain limitations and may not be available in your jurisdiction. Mantis may, without prior notice, change the Services; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services. Mantis may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in Mantis’ sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
Mantis makes no representations that the Service are appropriate or available for use in jurisdictions other than the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations.
5. Use of Services and Proprietary Rights
The Websites and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Mantis Website Content“) and all documentation or other content received in connection with use of the Services as well as all intellectual property rights related thereto (together with the Mantis Website Content, the “Mantis Content”, are the exclusive property of Mantis and its licensors.
No right, title or interest in or to the Services or any Mantis Content is transferred to you, and all rights not expressly granted are reserved by Mantis. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in the Mantis Content and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Mantis Content.
By submitting suggestions or other feedback regarding our Services (a “User Submission”), you retain full ownership of all of your User Submissions and any intellectual property rights or other proprietary rights associated with your User Submissions however, you agree that Mantis can use and share such feedback for any purpose without compensation to you. You hereby grant to Mantis a worldwide, non-exclusive, sub-licensable, irrevocable, transferable, royalty-free, perpetual license under all intellectual property laws to use, reproduce, disclose, transmit, publish, broadcast, edit, feature, highlight, post adapt, publish, translate, create derivative works from, distribute, perform or display such User Submissions in any medium (whether known or hereafter invented). In connection with such license, you also grant Mantis the right to use your name and likeness in connection with any User Submissions made by you, but we will not be obligated to identify you in connection with any such use. Further, Mantis is free to use, without compensation to you, any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to data analytics or developing, manufacturing and marketing products, which you are submitting to us for our use on a royalty-free basis, with no expectation of royalties or other compensation. If you do not agree to the foregoing then you should not transmit or post any such User Submissions.
Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Mantis Content for your internal business use and only as permitted by these Terms or as instructed, directly or indirectly, by Mantis. Mantis reserves all rights not expressly granted herein in the Service and the Mantis Content. Mantis may terminate this license at any time for any reason or no reason.
Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
If you use our Services, you authorize each Mantis Party to provide some or all Documents and Information to any other Mantis Party.
6. Prohibited Uses
You agree not to use the Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Mantis, a Mantis employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Mantis, may harm Mantis or any other third party, or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
Additionally, you agree not to:
- Upload invalid, incorrect, or incomplete data.
- Use any robot, bot, spider or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of Mantis Website Content.
- Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without Mantis’ prior written consent.
- Use any device, software or routine that interferes with the proper working of the Websites.
- Introduce any viruses, trojan horses, worms, logic bombs or other code or material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server on which the Websites are stored, or any server, computer or database connected to the Websites.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise interfere or attempt to interfere with the proper working of the Services.
- Modify copies of Mantis Content in a way not authorized by Mantis.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from Mantis Content.
- Access or use any part of the Services including any materials available through the Websites, for any commercial purposes.
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Websites for your own use and not for further reproduction, publication or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
Any use of Mantis Content for a purpose not expressly permitted under these Terms, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Websites or any other part of the Mantis Content, or use of them for purposes competitive to Mantis, is expressly prohibited.
7. Third Parties and Third Party Content
Certain content, features and functionality on the Websites may be owned and operated by third parties (collectively, “Third Party Providers”). Your use of and interaction with such content, features and functionality (collectively, the “Third Party Content”) may be subject to separate terms and conditions. YOU ACKNOWLEDGE THAT MANTIS IS NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST ANY APPLICABLE THIRD PARTY PROVIDER AND NOT MANTIS.
These Websites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Mantis, are solely the opinions and the responsibility of the person or entity providing those materials. Those materials do not necessarily reflect the opinion of Mantis. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
8. Consent to Communication
9. Linking to the Websites and Social Media Features
You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You shall not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
These Websites may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on our Websites. You may use these features solely as we provide them, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Websites or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Websites other than the homepage.
- Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice, and in our sole discretion.
10. Geographic Restrictions
We provide the Websites and our Services for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
MANTIS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. Mantis makes no representations or warranties of any kind, express or implied, with respect to the operation of the Services, the information obtained through the Websites or through links to third parties or for any breach of security associated with the transmission of information through the Websites or any linked site.
The Websites are made available solely for general information purposes and are provided on an “as is” and “as available” basis. Mantis does not represent or warrant that the information obtained through the Websites will meet your requirements or expectations, be accurate, reliable, correct, error-free, complete, useful, available at any particular time or location uninterrupted, secure; that defects will be corrected, that the Websites or the server that makes it available is free of viruses or other harmful components. Any reliance you place on the Websites is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites or by anyone who may be informed of any of its contents.
We may update the content on the Websites from time to time, but its content is not necessarily complete or up to date and we are under no obligation to update such material. We may also discontinue the availability of all or parts of the Websites, including temporary shutdowns. We do not guarantee you availability to the Websites.
Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Services.
You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Mantis on Mantis servers. You agree that Mantis has the absolute right to manage, regulate, control, modify and/or eliminate any data as it sees fit in its sole discretion, in any general or specific case, and that Mantis will have no liability to you based on its exercise of such right. All data on Mantis’s servers are subject to deletion, alteration or transfer. Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Mantis’s servers, may be deleted, altered, moved or transferred at any time for any reason in Mantis’s sole discretion, with or without notice and with no liability of any kind. Mantis does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Mantis servers.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANTIS, ITS MEMBERS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, SUPPLIERS OR LICENSORS (COLLECTIVELY, THE “MANTIS REPRESENTATIVES”) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION COST OF SUBSTITUE GOODS, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. UNDER NO CIRCUMSTANCES WILL ANY MANTIS REPRESENTATIVE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION AND DOCUMENTS SHARED WITH US IN CONNECTION WITH THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MANTIS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, HARMFUL CODE, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) LOSSES ARISING FROM THE USE OF YOUR ACCOUNT; (IX) INTERRUPTION OF BUSINESS; (X) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (XI) DATA LOSS, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION OF DATA; (XII) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE WEBSITE; (XIII) DENIAL OF SERVICE ATTACKS, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR (XIV) EVENTS BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL MANTIS, OR THE MANTIS REPRESENTATIVES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING US $100.00.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MANTIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MANTIS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify, and hold harmless the Mantis Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of these Terms, including without limitation your breach of any of the representations, warranties, or covenants contained herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your information or any that is sent/submitted directly or indirectly to us; (vi) any other party’s access and use of the Services with your credentials or on your behalf; (vii) any action taken during or as a result of its investigations and from any actions taken as a consequence of investigations by either Mantis, its affiliates, licensees, service providers, or law enforcement, regulatory, or other authorities.
14. Governing Law and Jurisdiction
These Terms are entered pursuant to and governed by the Federal Arbitration Act (together with any rules or guidance promulgated thereunder by any relevant federal agency, and together with any successor statue, the “FAA”), but in all other respects including all matters relating to the Websites and these Terms, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law that would apply the law of another jurisdiction (other than the FAA). Foreign laws (except for Puerto Rico) do not apply. If any provision of these Terms is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
Subject to the “Dispute Resolution and Binding Arbitration” provisions below, in all other respects, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be governed by New York law and instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in Palm Beach County although Mantis retains the right to bring any suit, action, or proceeding against you for breach of these Terms in your state or country of residence or any other relevant country. Subject to the “Dispute Resolution and Binding Arbitration” provisions below, in all other respects, you waive any and all objections to the exercise of jurisdiction over you by such courts and choice of venue.
15. Dispute Resolution and Binding Arbitration
Legal Disputes. PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND MANTIS WILL BE GOVERNED BY THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS OF THESE TERMS AND HANDLED ON AN INDIVIDUAL, NON-CLASS BASIS, AS SET FORTH BELOW.
Informal Dispute Resolution. In the event of a dispute, you and we agree to try to resolve such dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute and the relief requested. You must send any such notice to us at firstname.lastname@example.org. We will contact you via email at the address specified in any such notice. You and we agree to use reasonable, good faith efforts to settle any dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a dispute is not resolved within thirty (30) days of such submission, you or we may resort to the other alternatives described in this section.
Agreement to Arbitrate. In the event that any dispute is unresolved through informal discussions within thirty (30) days as described above, you and we agree to resolve such dispute through final and binding arbitration as the sole, final and binding remedy, except as set forth under “Exceptions to Agreement to Arbitrate” below. Notwithstanding these Terms, no party waives the right to seek through judicial process, preliminary injunctive relief to preserve the status quo or prevent irreparable injury before the matter can be heard in arbitration.
The arbitral body shall have sole and exclusive authority to resolve all claims covered by these Terms, and any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Any issues involving the arbitrability of a dispute shall be governed by the FAA, provided, that the parties agree that the arbitral body shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
Opt-out of Agreement to Arbitrate. Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE EARLIER OF THE DATE YOU FIRST USED THIS SITE (THE “OPT OUT DEADLINE”).You can decline this agreement to arbitrate by contacting email@example.com within the Opt-Out Deadline and stating that you decline this arbitration agreement. Any opt-out received after the Opt-Out Deadline will not be valid and you will be required to pursue your claim in arbitration or “small claims” court.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules (see: https://www.adr.org/sites/default/files/document_repository/Consumer_Arbitration_Rules_Web.pdf. The arbitration under such Rules will be before one (a) neutral arbitrator with no apparent conflict of interest for claims not exceeding $250,000 in value and before a panel of three (b) neutral arbitrators with no apparent conflict of interest for claims in excess of $250,000. If the parties cannot agree on any arbitrator after good faith efforts, AAA shall designate any arbitrator at the request of any party to the dispute The arbitration will be held Palm Beach County Florida and you agree to submit to the personal jurisdiction of the state of Florida.
The arbitral body will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. The arbitral body will have the authority to grant any relief authorized by law, including attorneys’ fees and costs, available under applicable law, subject to our agreement to cover certain expenses for claims not exceeding $10,000 set forth below.
If your or our claim does not exceed $10,000 and does not include a request for any type of equitable remedy, the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitral body, unless the party bringing the claim requests a hearing or the arbitral body determines that a hearing is necessary. If your or our claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
We will pay all reasonable administrative, filing and arbitration fees for claims of that do not exceed $10,000 unless the arbitral body determines that a claim is frivolous or was brought for an improper purpose. In circumstances where a claim is deemed frivolous or was brought for an improper purpose or for claims and awards in excess of $10,000, barring a contrary determination by the arbitral body, (a) each party shall bear its own costs in the arbitration; provided, however, that the parties shall share the fees and expenses of each arbitrator and arbitral body equally and all arbitration case management fees and expenses equally and (b) all fees and expenses relating to any arbitration (including, without limitation, the reasonable legal fees and expenses of the prevailing party and expert witness fees) arising pursuant hereto will be paid by the non-prevailing party and the arbitral body must include an award of such amounts in its decision. You are responsible for any other costs that you may incur in the arbitration, including but not limited to attorney’s fees and expert witness costs, unless we are otherwise specifically required to pay such fees under applicable law. Each of the parties agree that failure to timely pay the arbitrators and other costs of the arbitral proceedings customary for or agreed upon for such proceedings, or otherwise imposed by the arbitral bodies, will be breach of these Terms and deemed a default on the paying parties’ claims.
The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Confidentiality. No information concerning any arbitration may be unilaterally disclosed to any third party by any participating party unless it is required to do so by law or by a competent regulatory body and then only: (i) by disclosing no more than is legally required, and (ii) furnishing to the arbitral body and all participating parties details of the disclosure and an explanation and reason for it.
Written Decisions Stating Essential Findings for Claims in Excess of $10,000. For claims or awards in excess of $10,000, the arbitral body will issue a written arbitration decision in English stating the essential findings and conclusions upon which any award is based.
Enforcement of Arbitration Awards. The parties agree that the arbitration will be final and binding, any arbitration order or award may be entered in any court having jurisdiction thereof, and such award will be enforceable in any court having jurisdiction to enforce these Terms. A party’s right for review of the arbitral body’s decision is limited to grounds provided under applicable law.
Exceptions to Agreement to Arbitrate. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction or the U.S. Patent and Trademark Office (“USPTO”) for injunctive or other equitable or conservatory relief (for example, to stop unauthorized use or abuse of the Websites or actual or threatened intellectual property infringement (e.g., trademark, trade secret, copyright or patent rights), in lieu of or pending a final decision by the arbitral body or the informal dispute resolution process described above. Such actions may include enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the USPTO to protect its intellectual property rights. Either party may also seek relief in a small claims court in Palm Beach County Florida for disputes or claims within the scope of that court’s jurisdiction, but if you assert a claim — only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
No Class Actions or Mass Actions. YOU AND MANTIS AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff of, or participate as part of, any purported class, joint, consolidated or representative action. Further, unless you and we otherwise agree in writing, the arbitral body may not consolidate more than one person’s claims and may not otherwise preside over any form of any class, joint, consolidated or representative proceeding. You and Mantis each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration demands with common questions of law or fact against Mantis within one hundred and eighty (180) days of initiating your arbitration demand. Nothing in these Terms precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Mantis for you.
Judicial Forum for Disputes. Mantis is based in Palm Beach County, Florida, so any legal action against Mantis related to our Websites, products or services must be filed and take place in Palm Beach County, Florida. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Palm Beach County, Florida, and any in-person hearings will be conducted in Palm Beach County Florida unless otherwise agreed between the parties. For any actions not subject to arbitration, you and Mantis agree to submit to the personal jurisdiction of a state or federal court located in Palm Beach County Florida. If any court or arbitral body determines that the class, joint, consolidated or representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, joint, consolidated or representative basis, then the dispute will not be subject to arbitration.
WAIVER OF JURY TRIAL. Any otherwise available right to trial by jury with respect to any action or proceeding arising in connection with or as a result of these Terms or the services that are provided hereunder is hereby waived by the parties hereto.
Commencement of Claims. Any claim or cause of action you may have with respect to we, its products, or these Terms must be commenced within one (1) year after the claim or cause of action arose.
Modifications. If we make any changes to this “Dispute Resolution and Binding Arbitration” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Mantis prior to the date the changes became effective. Mantis will notify you of substantive changes to the “Dispute Resolution and Binding Arbitration” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Mantis a written notification (including email) or close your account within those 30 days. By rejecting a modified term, you agree to arbitrate any disputes between you and Mantis in accordance with the provisions of this “Dispute Resolution and Binding Arbitration” section as of the date you last accepted the Terms, including any changes made prior to your rejection.
17. Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18. No Waiver, No Assignment, Severability
No waiver by Mantis of any term or condition set forth 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, and any failure of Mantis to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Mantis without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the intent of the provision remains intact to the fullest extent possible. The remaining provisions of the Terms will continue in full force and effect.
19. Entire Agreement
20. Comments And Concerns
This Website is operated by Mantis Funding LLC, 2700 N Military Trl Suite 450 Boca Raton, FL 33431. All feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: firstname.lastname@example.org.
21. Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.