Terms and conditions
Last updated January 20th, 2023
Welcome to mantion-na.com, (the “Site”), we look forward to serving you!
The Site is made available to you by Mantion North America Inc. (“we”, “us”, “our” or “Mantion”). PLEASE TAKE A MOMENT TO READ THIS DOCUMENT, as it contains important information regarding your rights associated with your use of the Site. In particular, PLEASE NOTE THAT IF THERE IS A DISPUTE BETWEEN YOU AND MANTION REGARDING YOUR USE OF THE SITE, OR ANY OTHER RELATED MATTER, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE IT, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THANK YOU.
YOUR ACCEPTANCE OF THESE TERMS
We reserve the right to modify and update the Terms from time to time, by posting on the Site or by notifying you by any other reasonable means of communication. You confirm your acceptance of the modifications or updates by continuing to use the Site.
USERS OF THE SITE
The Site is intended for our customers located in North America only. Also, please note that this Site is not intended for persons under 18 years of age.
We strive to make our Site content accessible and user-friendly. If you are having difficulty viewing the content on this Site or navigating the site, please call our Customer Service Team by phone at 1 (866) 626-8466 (for USA) or 1 (855) 754 3187 (for Canada), or via email at firstname.lastname@example.org (for USA) or email@example.com (for Canada).
When you visit the Site or send emails, you agree to communicate with us electronically. You hereby agree to receive communications from us electronically. You also agree to be bound by electronic submissions with respect to all transactions you enter on this Site, including but not limited to notices of cancellation, policies, or purchase orders. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by such transactions.
OUR CODE OF CONDUCT
You are responsible for your use of the Site. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you agree not to upload, distribute, or otherwise publish through this Site any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is abusive, libelous, threatening, defamatory, obscene, indecent, profane, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties, and you agree not to advocate, encourage, or assist any third party in doing any of the foregoing.
YOUR USE OF THE SITE
Subject to these Terms, we hereby grant you a non-exclusive, non-transferable, limited license to view and use the information and any text, images, graphics, product designs, or codes (“Materials”) available on this Site for your personal, non-commercial use. This license and authorization shall not constitute a transfer of title in and to the Materials. This license does not include (a) any resale or commercial use of the Site; (b) any collection and commercial use of any photographs or other Materials published on the Site; (c) any non-personal use of our product names, listings, descriptions, or prices; (d) any derivative use of the Site; (e) any downloading, copying, or other use of the Site or the Materials for the benefit of any third party; or (f) any use of data mining, robots, or similar data gathering and extraction tools. You may use the Site only as permitted by law. The license granted to you automatically terminate if you do not comply with these Terms. All rights not expressly granted to you in these Terms are reserved and retained by Mantion and its suppliers and licensors.
The Site may allow you to upload, submit, store, send, or receive content and data such as comments, reviews and photos (“User Content”). You may also submit User Content in the other ways that you interact with us such as through social media, by email, by phone, and otherwise. You retain ownership of any intellectual property rights that you hold in that User Content. You promise that you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and you agree to indemnify us for all claims resulting from User Content you supply. When you upload, post, submit, send, or receive any User Content to or through the Site, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site), publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Site, to develop new products and services, and for other marketing purposes, including without limitation in catalogs, email and other customer communications, store materials and other marketing. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote our Products or the Site. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site. We may refuse to accept or transmit User Content for any reason with or without notice. We may remove User Content from the Site for any reason with or without notice.
OUR INTELLECTUAL PROPERTY
The Site and the Materials are the sole property of Mantion, its affiliates or respective licensors and are protected by intellectual property and other applicable laws in the United States and/or abroad. Except as otherwise provided on the Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Site in whole or in part for any public or commercial purpose without specific prior written permission from Mantion. We are the owner and/or authorized user of any registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Site, and Mantion, its affiliates and respective licensors are the copyright owners of the Materials on the Site, unless otherwise indicated. You agree not to use, change or delete any proprietary notices form the Materials and not to use any metatags or any other “hidden text” utilizing any of our names or trademarks without our express written consent.
THIRD PARTY LINKS
For your convenience we may provide links to third party websites operated by other entities on the Site. Any other website accessed from the Site is independent from Mantion, and Mantion has no control over the content of that other Site. We do not make any warranty or representation regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third-party links do not imply that Mantion sponsors, endorses, is affiliated or associated with any linked third-party websites.
YOUR SELECTION OF PRODUCTS
Our customer service is here to provide you with information about our products, but you hereby acknowledge that each project is different and that we cannot guarantee that the products you select will meet your specific needs. You are solely responsible for your selection of products.
From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Also, we do not warrant that product images, descriptions or other content is accurate, complete, reliable, current, or error-free.
YOUR SATISFACTION, OUR GUARANTEES
Your satisfaction is important to us. Most, if not all our products come with a limited warranty against manufacturing defects in material and workmanship under normal use and maintenance, for a set period of time. You can obtain a copy of the limited warranty of a product by contacting us: by phone at 1 (866) 626-8466 (for USA) or 1 (855) 754 3187 (for Canada), or via email at firstname.lastname@example.org (for USA) or email@example.com (for Canada).
IMPORTANT DISCLAIMERS & LIMITATION OF OUR LIABILITY
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MANTION, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING IN AN APPLICABLE LIMITED WARRANTY DOCUMENT.
UNLESS OTHERWISE SPECIFIED IN WRITING IN AN APPLICABLE LIMITED WARRANTY DOCUMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MANTION DISCLAIMS ALL OTHER EXPRESS WARRANTIES.
MANTION DOES NOT WARRANT THAT THE SITE AND THE COMMUNICATIONS SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MANTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF SITE, OR THE INFORMATION, CONTENT AND MATERIALS OFFERED ON THIS SITE, UNLESS OTHERWISE SPECIFIED IN THESE TERMS OR AVAILABLE TO YOU UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT MANTION, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES AND DIRECTORS SHALL NOT BE LIABLE, UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATED TO WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO THE USE OF THIS SITE, ANY VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE, THE USE OF ANY INFORMATION, CONTENT OR MATERIALS OFFERED ON THIS SITE, OR PERSONNAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS OR USE OF THIS SITE.
IN ANY EVENT, MANTION AND ITS AFFILIATES’ SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER. THIS LIMITATION OF LIABLITY SHALL NOT APPLY TO (A) LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR (B) DEATH RESULTING FROM OUR ACTS OR OMISSIONS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty, and the extent of our liability, will be the minimum permitted under such law.
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Mantion and its affiliates and their respective employees and directors from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.
By visiting the Site, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Mantion, provided that the Federal Arbitration Act and federal arbitration law apply to the arbitration agreement described below.
AMICABLE RESOLUTION OF DISPUTES
If you have any issues with your use of the Site, you agree to first contact us so that we can try to resolve the issue amicably. You can reach us at 1 (866) 626-8466 (for USA) or 1 (855) 754 3187 (for Canada), or via email at firstname.lastname@example.org (for USA) or email@example.com (for Canada).
ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION LAWSUITS AND TRIAL BY A JURY
Any unresolved dispute, controversies, claims or counterclaims relating in any way to your visit or access of the Site shall be submitted to binding and final arbitration instead of court proceedings, AND YOU AND MANTION EACH WAIVE ANY RIGHT IT MAY HAVE TO A JURY TRIAL. However, you may elect to pursue our claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your visit. Also, you and Mantion each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this arbitration agreement.
The arbitration shall be heard and determined by a single arbitrator in New York City, New York. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation applicability, enforceability, or formation of these Terms including, but not limited to, a claims that all or any part of these Terms is void or voidable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
The arbitration or small-claims court proceedings will be limited solely to your individual dispute or controversy. Neither you nor Mantion may act as a class representative or private attorney general nor participate as a member of a class of claimants. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
If any provision of this arbitration agreement is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this arbitration agreement shall be enforced to the fullest extent permissible by applicable law.
Under no circumstances will Mantion be responsible or held liable for any delay or failure in performance due in whole or in part to any acts or events beyond our reasonable control, including, without limitation, any governmental acts, orders or regulations, any strikes, shortages of material, supply chain interruptions or disruptions, delays of common carrier, epidemics, terrorism, fires, flooding, water damage, acts of God or any other industrial disturbances beyond our reasonable control.
A failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. These Terms do not and are not intended to confer any right or remedies upon any person other than Mantion and you. You will not assign any or your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this paragraph shall be null and void. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition.
These Terms, and all policies referenced therein, are the final and integrated agreement between you and Mantion regarding all matters contained in these Terms.
HOW TO CONTACT US
Please do not hesitate to contact us if you have any questions or need assistance! Our representatives would be happy to assist you, Monday through Friday, from 8:30 AM to 5:30 PM, Eastern Time. You can reach us by phone at 1 (866) 626-8466 (for USA) or 1 (855) 754 3187 (for Canada), or via email at firstname.lastname@example.org (for USA) or email@example.com (for Canada).
Mantion US Inc.
450 7th Avenue, suite 1501
New York, NY 10123
Mantion Canada Inc.
360 Seminaire N boulevard, Unit 12
J3B 5L1, Canada