Terms of service
Updated - April 1, 2022
Thank you for your interest, and for choosing the Services offered by Manteca.ai LTD. (“Manteca ai”, “Manteca”, “we”, “our”, and/or “us”).
Please review these Terms of Service (collectively, these “Terms of Service”, "Terms", and/or “Agreement”) thoroughly, and acknowledge that they establish the terms and conditions that apply to you when you use the Service (as defined below). This Agreement is a legal agreement between you and Manteca. By clicking “I Agree,” indicating acceptance electronically, or installing, accessing, or using the Services, you agree to this Agreement, and your agreement to be bound by these terms, as well as all applicable laws and regulations.
If you do not agree to this Agreement, then you may not use the Services.
These Terms can be changed, modified, supplemented, and/or updated by Manteca at any time. We will take reasonable efforts to provide you with prior notice of any material changes to these terms. Your continues usage of the service after the modification of these Terms means that you accept all such changes.
The following Terms together with any documents they expressly incorporate by reference, govern your access to and use of the Service, available through our apps, software, and the website (https://www.Manteca.ai).
The term “you” or “User” refers to a Visitor, or Member. By using the information, tools, features, software and functionality including content, updates and new releases provided by Manteca, you agree to be bound by this Agreement, whether you are a “Visitor” (meaning you’re simply browsing the Manteca.ai website) , or as a “Member” (meaning you’ve registered for the Services).
You may not use the Services, and you may not accept this Agreement, if you’re not at least 15 years of age and, in any event, of a legal age to form a binding contract with Manteca. If you are under 18 or otherwise under the legal age to form a binding contract in your jurisdiction, you may only use the Website with the prior consent of your parent or other legal guardian. You must promptly provide to us credible evidence of such consent if we request it.
If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you’re acting on behalf of a company or entity, that you have the authority to bind such an entity.
As described below, these Terms provide for the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. You can terminate your consent to these Terms to arbitrate by contacting support@Manteca.ai within 30 days after first accepting these terms and stating that your full name (First and last), username and e-mail, and indicate clearly that you decline these Terms to arbitrate.
1. Use of the Service.
1.1. Manteca herewith grants you a limited personal license to access and use the Services as set forth in this Agreement. You are only granted a limited right to use of the Services and only for the purposes and by the means defined by Manteca and set forth in these Terms. Manteca reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Manteca grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services in accordance with the terms set forth herein.
1.2. Your right to access and use the Services is individual to you and is not transferable to any other person or entity. You agree not to use, nor enable any third party to use, the Services in a manner that breaches any applicable law, regulation, or this Agreement.
1.3. You must provide true, precise, up to date, and comprehensive information in connection with the Services and you may not misrepresent your Registration and Account Information. If you do not keep your Registration and Account Information up to date and correct, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
1.4. Your access and use of the Services may be intermittent from time to time for any of several reasons, including, without limitation, the malfunction of device operating environment or other equipment, periodic updates, upkeep or repair of the Services or other actions that Manteca, in its sole discretion, may choose to take. In no event will Manteca be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime or use of a rooted or jailbroken mobile device.
1.5. The “Service” includes Manteca’s website located at https://www.manteca.ai (“The Site”, “Site”, “Website”), and Manteca’s related mobile applications (“App”, “The App”, “Apps”) as each may be updated, relocated, or otherwise adapted infrequently. All content and services Manteca makes available through the Site or App, and all intellectual property contained within.
1.6. You’re only entitled to access and use the Sites and Services for lawful purposes.
1.7. The Service is a personal finance information management tool that allows you to track, consolidate, and organize your financial information, financial assets, and finances. and helps you find ways to improve your overall financial health. Including through the aggregation of your financial account information (“Account Data”) from financial institutions, service providers, and other third-party data sources you may select and with whom you have a contractual relationship (“Third-Party Data Sources”). Any person who accesses and/or uses the Service, whether on his or her own behalf or on behalf of any third party, will be referred to herein as a “Manteca User.”
1.8. Your Manteca account is personal to you, you agree that you will not:
1.8.1. Provide access to or give any part of the Services to any third party;
1.8.2. Reproduce, modify, copy, sell, trade, lease, rent, or resell the Services;
1.8.3. Decompile, modify, copy, sell, trade, lease, rent, or resell the Services;
1.8.4. Or make the Services available on any file-sharing or application hosting service.
1.8.5. Use the Service for commercial purposes
1.9. To use the Service, you must have access to the Internet.
1.10. Based on your compliance with this Agreement, Manteca hereby gives you a limited, revocable, non-exclusive, non-transferable license to download and install a single copy of the App on your own personal mobile device(s) and access and use the Service, solely for your personal use and not for resale, as set forth in these Terms.
1.11. By using the Service, you authorize and direct Manteca, as your agent, to act on your behalf, to electronically retrieve your Account Data from Third-Party Data Sources.
1.13. Third-Party Data Sources:
1.13.1 For purposes of these Terms and solely to obtain and provide the Account Data to you as part of the Service, you grant Manteca a limited power of attorney, and appoint Manteca as you attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place an stead, in all capacities, to access sites, servers, and or documents related to or maintained by the Third Party Data Sources, retrieve information, and use your information with the full power and authority to perform every act and thing requisite and necessary to be done in connection with such activities, as you could do in person.
1.13.2. You acknowledge and agree that when Manteca is accessing and retrieving Account Data from Third Party Data Sources, Manteca is acting as your agent and not as the agent of or on behalf of any third party. You agree that Third Party Data Sources will be entitled to rely on foregoing authorization, agency, and power of attorney granted by you.
1.13.3. We are not responsible for the accuracy of financial data obtained from Third Party Data Sources that are displayed or reported through the Website or any of our services.
1.13.4. The Company, however, is not responsible for, and cannot guarantee the accuracy or timeliness of financial account we retrieve on your behalf directly, from third party technology providers, from third party financial institutions where your accounts are held, or from third party research/market data providers used to provide the Services.
1.13.5. when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from Third Party Data Source. Such information may be more up to date when obtained directly from the relevant Third Party Data Sources. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
11.13.6. “Open Banking”:
126.96.36.199. We also use data relating to your bank account(s) held by third party financial institutions (“Open Banking”) to help us to provide you with automated and fast access to your spending activity.
188.8.131.52. We will therefore request your permission, as part of the connection process, to access your bank account(s) data using Open Banking.
184.108.40.206. The third party provider we use varies based on the location of the third party financial institution at which you maintain the bank account(s) to which you provide us access.
220.127.116.11. If your bank account is in the United States or Canada, Open Banking might be provided by Plaid or MX.
1.14. You understand that the Service is not endorsed or sponsored by any Third-Party Data Sources accessible through the Service.
1.15. Manteca may, at any time and without notice to you:
1.15.1. Restrict, deactivate, and/or terminate your access to the Service (or any portion thereof);
1.15.2. Or terminate or modify the Service (or any portion thereof).
1.16. Manteca will not be liable to you or any third party for any termination of or alteration to the Service, no matter what the cause for such termination or modification was.
1.17. If you are displeased with any termination or modification of the Service, you can terminate your use of the Service at any time you see fit.
1.18. “Sneak Preview”:
1.18.1. From time to time, the Services may include new and/or updated pre-release, beta, or trial features (“Sneak Preview” features) for your use and which permit you to provide feedback.
1.18.2. You understand and agree that your use of Sneak Preview features is voluntary and Manteca is not obligated to provide you with any Sneak Preview features.
1.18.3. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions Manteca may place on them.
1.18.4. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature.
1.18.5. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version.
1.18.6. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device.
1.18.7. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.
1.19.1. Manteca reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the Service, including add-on Services, with or without notice, by electronic means (e.g. via email or by making the information available through the Services).
1.19.2. Manteca reserves the right to change the Services, including fees as may be applicable, in our sole discretion and from time to time. In such event, if you are a paid user, Manteca will provide notice to you.
1.19.3. If you do not agree to the changes after receiving a notice of the change to the Service, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s).
1.19.4. You agree that Manteca will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
1.20. Username, password, and account security:
1.20.1. As part of the registration process, you may be asked to select a username and/or password or other login credentials.
1.20.2. If you choose, or are provided with, a username, password, or any other piece of information as part of our security protocols, you must treat such information as confidential, and will disclose that confidential information solely at your own risk and discretion.
1.20.3. Those credentials, together with any mobile number or other information you provide, are considered your “Registration Information”.
1.20.4. Should you, at your discretion, choose to share your username, password, or other security information with any other person or entity in order to share access, we disclaim all liability for anything that person or entity may do to compromise the security of your account.
1.20.5. You agree to notify us immediately of any unauthorized access to, or use of your username or password, or any other breach of security.
1.20.6. You agree to ensure that you exit from your account at the end of each session.
1.20.7. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
1.20.8. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
1.20.9. Manteca will not be liable for any loss that you may incur as a result of someone else using your login credentials or account, either with or without your knowledge. You may be held liable for any losses incurred by Manteca or another party due to someone else using your account or login credentials.
1.21. The Company may not be able foresee or anticipate technical or other difficulties which may result in failure to obtain data, personalization settings or other service interruptions. The Company assumes no responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, loss of user data, communications or personalization settings.
1.22. If you believe that your Registration Information or Account Information or device that you use to access the Service has been lost or stolen, or that someone is using your account without your permission, you must notify Manteca immediately.
2. Use of the Service with your mobile device:
2.1. Use of the Service may be available through a compatible mobile device with internet access and/or the download and installation of an authorized mobile app.
2.2. The Service may not be available for all mobile devices or telecommunication providers.
2.3. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider.
2.4. You will not be required to check the Services website to ensure your mobile device and telecommunications provider are compatible.
2.5. Manteca is not obligated to provide a compatible version of the Services (including but not limited to a compatible mobile app) for all mobile devices, operating systems or telecommunication providers, all of which are subject to change by Manteca at any time without notice.
2.6. Manteca makes no warranties or representation of any kind, express, statutory or implied at to:
2.6.1. The availability of telecommunication service from your provider and access to the services at any time or from any location;
2.6.2. Any loss, damage, or other security intrusion of the telecommunication services;
2.6.3. And any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the service.
2.7. You agree that your access to and use of the Services via, through, by or within the Mobile App is governed by this Agreement.
2.8. You further agree that your download, installation, and use of the App is also governed by this Agreement, including but not limited to the disclaimer(s) of warranties, limitation(s) of liability and damages, dispute resolution, and other terms of this Agreement.
2.9. You acknowledge and agree that the App is licensed, not sold.
2.10. You agree not to use, nor permit any third party to use, the App in a manner that violates any applicable law, regulation, or these Terms. You agree you will not:
2.10.1. Provide access to or give the App or any part of the App to any third party;
2.10.2. Reproduce, duplicate, modify, copy, sell, trade, lease, rent or resell the App;
2.10.3. Transfer your license to the App to any other party;
2.10.4. Attempt unauthorized access to any of Manteca’s systems that are not part of the Services;
2.10.5. Permit any third party to benefit from the use or functionality of the App via a rental, lease, timesharing, service bureau, hosting service, or other arrangement;
2.10.6. Decompile, disassemble, or reverse engineer the App; or
2.10.7. Make the App available on any server, file-sharing, or application hosting service.
3. Accessing the Website:
3.1. We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without prior notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.
3.2. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.
4.1. Manteca may offer a free trial period during which you can use the Service for a limited period of time. You can manage or cancel the trial subscription through your Apple App Store account or otherwise via any methods described in the Service.
4.2. Access to the Service, or certain features of the Service, may require you to pay fees on a subscription basis, and may provide you the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to examine the fees before you accept them. If you activate or update recurring payments through the Service, you authorize Manteca or its third-party service providers to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums. Subscriptions automatically renew unless they are cancelled via the Apple App Store or other method described in the Service at least 24 hours before the end of the current subscription period.
4.3. For any portion of the Service offered on a payment or subscription basis, the following terms apply, unless Manteca otherwise notify you in writing.
4.4. This Agreement also incorporates by reference and includes any program ordering and/or payment terms provided to you in connection with the Service.
4.5. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website, or App for the Services.
4.6. Unless otherwise specified, you must pay with one of the following:
4.6.1. A valid credit card acceptable by Manteca;
4.6.2. A valid debit card acceptable by Manteca;
4.6.3. Sufficient funds in a checking or savings account to cover an electronic debit of the payment(s) due;
4.6.4. Another payment option Manteca provided to you by Manteca.
4.7. If your payment and registration information is not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any further use of the Services.
4.8. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
4.9. Manteca will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
4.10. You may cancel recurring charges at any time by modifying your subscription preferences in the Apple App Store or otherwise via any methods described in the Service. It may take up to three business days for the update or cancellation to take effect. No cancellation of the current subscription is allowed during active subscription period.
4.11. If you purchased your subscription through the Apple App Store, your subscription is managed by the Apple App Store directly. Manteca does not have the ability to manage your subscription on your behalf, including initiating, canceling, or refunding your subscriptions. You may manage your subscription or turn off auto-renewal by going to the Account Settings screen in the App Store app on your Apple device after purchase.
4.12. We reserve the right to change our subscription plans or adjust pricing for our Service in any manner and at any time, in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes or changes to your subscription plan will take effect following a notice to you.
4.13. At any time, and for any reason, we may provide a refund, discount, or other consideration to some, or to all, of our customers. The amount and form of such credits, refund, and or discount and the decision to provide them, are at our sole and absolute discretion.
4.14. If you believe a payment shown on your billing statement or receipt is wrong, or if you need more information about a payment listed, you must notify us no later than 90 days after we sent the first statement or receipt on which the problem or error appeared. The notification must include your full name and the email address associated with your Manteca user profile, a clear description of the issue, and the dollar amount in question. We will investigate, and if we determine that an error had occurred, we will credit your account.
4.15. Additional payment, cancellation, or renewal terms may be provided to you elsewhere in this Agreement or within the Services.
4.16. Manteca isn’t responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
4.17. Online Purchases and Other Terms and Conditions:
4.17.1. All purchases through our site or other transactions for the sale of services or information formed through the Service, App and /or Website or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms.
5. Registration (Account Information):
5.1. In order to allow you to use the Services and become a Manteca User you’ll need to complete the registration process and sign up for an account with Manteca. This registration will be completed once you will provide us with current, complete, and accurate information, as prompted by the applicable registration form. All the information you provide during the registration process is your Account information (“Account information”, “LoginID”).
5.2. Manteca may act in order to verify your identity.
5.3. You acknowledge that if you provide any information to us that is untrue, inaccurate, not current, or incomplete, Manteca may terminate these Terms and your continued access and use of the Service.
5.4. You authorize us to make any inquiries, we may consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address and Social Security number, and/or requiring you to take steps to confirm ownership of your email address or financial assets, ordering a credit report, or verifying information you provide against third party databases or through other sources.
5.5. If you don’t provide this information, or Manteca cannot verify your identity, we can refuse to allow you to use the Services.
6.1. You represent and warrant that you are at least 15 years of age and that you have not been previously suspended or removed from the Service.
6.2. The service is not for persons under the age of 15, or any users previously suspended or removed from the service by Manteca.
6.3. If you are under 15 years of age, please do not use or access the service at any time in any manner.
7.1. You may not use the Service in any manner that could impair, damage, disable, or overload our servers or systems, or interfere with any other party’s use and enjoyment of the Service.
7.2. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining, or any other method.
7.3. Without constraining any of the above, you may not (and you may not allow or assist any third party to):
7.3.1. Use, copy, install, transfer, or distribute the Service, except as specifically described in these Terms;
7.3.2. Modify, adapt, translate, reverse engineer, or disassemble any part of the Service;
7.3.3. Remove or alter any copyright, trademark, or other proprietary rights notices contained in or on the Service or in or on any matter or other material obtained through the Service or the use of the Service;
7.3.4. Probe, scan, or test the weakness of any system or network or breach any security or authentication measures;
7.3.5. Reformat, mirror, or frame any portion of the web pages that are part of the Service;
7.3.6 Express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
7.3.7. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
7.3.8. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
7.3.9 Harvest or collect information about other Manteca Users without their prior written consent;
7.3.10. Undertake, cause, permit, or authorize the translation, reverse engineering, disassembling, or hacking of any aspect of the Service, or attempt to do any of the foregoing, except and solely to the extent described in these Terms, the Service’s authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by Manteca;
7.3.11. Access, tamper with, or use non-public areas of the Service, Manteca’s (and its service providers’) computer systems and infrastructure, or the technical delivery systems of Manteca’s service providers;
7.3.12. Harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Manteca employees, and other Manteca Users;
7.3.13. Solicit, or attempt to solicit, personal information from other Manteca Users, except as permitted through the Service’s functionality;
7.3.14. Restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about Manteca Users;
7.3.15. Gain unauthorized access to the Service, to other Manteca Users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service;
7.3.16. Violate any applicable federal, state, or local laws, regulations, or these Terms;
7.3.17. Use the Service for any illegal, inappropriate, and/or unauthorized conduct, including using the Service to contact other Manteca Users for sexual or other inappropriate purposes, or using the Service in violation of Manteca’s or any third party's intellectual property or other proprietary or legal rights; or
7.3.18. Use or access the Service to build a competing service.
7.3.19. Engage in behavior that will put your personal information at unnecessary risk, such as leaving, transmitting, or publishing your Login or passwords.
7.3.20. We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
8. Term and Termination:
8.1. The term of these Terms will commence on the date on which you first access or utilize the Service in any way. The duration of the service and will persist so long as you continue to access or utilize the Service unless it was earlier terminated by Manteca.
8.2. Manteca may take whatever lawful measures it may deem applicable in response to actual or suspected violations of these Terms including termination of these Terms, the suspension or termination of your access and/or account or blocking you from accessing the Service.
8.3. Under this Agreement, Manteca has the right to terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.
8.4. Payments made by you, which accrue or are due before termination or expiration of these Terms, might be destined for continued paya by you, and amounts owed to Manteca at the time of such termination or expiration, might be be owed by you after such expiration or termination.
9.1. You acknowledge and agree that:
9.1.1. The Service, including any content, modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by Manteca and its licensors, as applicable.
9.1.2. The Proprietary Information contains valuable copyrighted and proprietary material of Manteca.
9.1.3. The Proprietary Information is licensed, rather than sold, to you pursuant to these Terms.
9.1.4. You have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.
10. Consent to Electronic Communications:
10.1. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service.
10.2. By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address.
10.3. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address.
10.4. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
10.5. It’s your responsibility to update or change that address, as appropriate.
10.6. When you register with Manteca, Manteca will send you automatic and voluntary push notifications based on the notification preferences you have selected (“Notifications”). Some Notifications may be turned on by default. By using the Service, you agree to receive Notifications regarding your use of the Service and your Account Data. While Notifications are intended to enhance your use of the Service, you may disable Notifications on your device. Depending on which Notifications you elect to receive, Notifications may contain sensitive information.
10.7. If you wish to remove yourself from any list, please email us at support@Manteca.ai with one of the following phrases, "OPT-OUT," "UNSUBSCRIBE," "STOP," or "REMOVE" in the subject line, or click the “unsubscribe” link in an email you have received from us.
10.8. Manteca cannot control certain factors relating to message delivery. We may not be able to transmit a Notification to you in a timely and accurate manner. We have no liability for transmission delays or Notification failures, for any erroneous content in a Notification, or for any actions taken or not taken in reliance on a Notification.
10.9. You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
11. Online And Mobile Alerts:
11.1. From time to time, Manteca may provide automatic alerts and voluntary account-related alerts.
11.2. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
11.3. Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your accounts.
11.4. From time to time, Manteca may add new types of alerts, or cease to provide certain alerts at any time upon its sole discretion.
11.5. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
11.6. You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors.
11.7. Manteca may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Manteca shall not be liable for any a. delays, failure to deliver, or misdirected delivery of any alert; b. errors in the content of an alert; or c. actions taken or not taken by you or any third party in reliance on an alert.
11.8. Electronic alerts will be sent to the email address you’ve provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you’re responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
11.9. Because alerts aren’t encrypted, we’ll never include your passcode. However, alerts may include your LoginID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
12. Rights You Grant To Us
12.2. You acknowledge that you're entitled and authorized to disclose and submit that content to Manteca for the use for this purpose, without any obligation by Manteca to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Manteca to access your Account Information maintained by identified third parties, on your behalf as your agent.
12.3 By using the Service, you expressly authorize Manteca to access your Account Information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose such information to us.
12.4. When you use the “Add Accounts” feature of the Services, you’ll be directly connected to the website for the third party you’ve identified. Manteca will submit information including usernames and passwords that you provide to log into the Site. Manteca will use the information you’ve supplied, including usernames and passwords, in order to connect with the third party and access certain information on your behalf. You hereby authorize and permit Manteca to use and store information submitted by you to accomplish the foregoing, and to configure the Services so that it’s compatible with the third-party sites for which you submit your information.
12.5. You acknowledge and agree, that when Manteca is accessing and retrieving information from Third Party Data Sources, Manteca is acting as your agent, and not as the agent of or on behalf of the third party that operates the Third Party Data Source.
13. Content Submitted to the Service:
13.1. As part of the Service, Manteca may allow you to post Content on bulletin boards, blogs and at various other publicly available locations. These forums may be hosted by Manteca or by one of our third-party service providers on Manteca’s behalf.
13.2. By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, “Materials”), or by posting such Materials to any area of the Service, or “Pages”, “Groups” on social media channels or any data bases on social media channels linked to or owned by Manteca, you grant Manteca and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such Materials in any media now known or hereafter developed, for the purpose of providing, enhancing, and developing the Service, without compensation to you.
13.3 You agree, that by posting Content to comply with the terms of this Agreement and its licensing restrictions, including the following rules:
13.3.1. You are responsible for all Content you submit, upload, post or store through the Services.
13.3.2. You grant each user a non-exclusive license to access your posted Content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.
13.3.3. You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other users’ use of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Services, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Services or that negatively affects the availability of the Services to others.
13.3.4. Except where expressly permitted, you may not post or transmit:
18.104.22.168. Charity requests;
22.214.171.124. Petitions for signatures;
126.96.36.199. Franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements);
188.8.131.52. Club memberships;
184.108.40.206. Chain letters;
220.127.116.11. Letters relating to pyramid schemes;
18.104.22.168. Any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
13.3.5. You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
13.3.6. You agree that we may use any Content, including but not limited to any feedback, suggestions, or ideas you post in any way, including in future modifications of the Services, other products or services, advertising, and/or marketing materials, and as otherwise set forth in the license grant above.
13.3.7. The Services may include a community forum or other social features to exchange information with other users of the Services and the public. Manteca does not endorse and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Manteca is not responsible.
13.4. If you choose to provide any feedback to Manteca concerning the functionality and performance of the Service (including identifying potential errors and improvements), you hereby assign to Manteca all right, title, and interest in and to such feedback, and Manteca is free to use such feedback without payment or restriction.
13.5. We will never use your identity in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent.
13.6. You hereby waive any moral rights or other rights with respect to attribution of authorship regarding Materials that you may have under applicable law.
13.7. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials.
13.8. Manteca may remove or alter any Materials at any time for any reason.
13.9. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any Manteca User.
13.10. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information.
13.11. Under no circumstances will Manteca and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.
13.12. We have the right (but not the requirement) to:
13.12.1. Monitor the Service and Materials;
13.12.2. Alter or remove any Materials;
13.12.3. Disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service, protect ourselves, our sponsors, and our members and visitors, and to comply with legal obligations or governmental requests.
13.13. If you believe any Materials violates our member policies, please contact Manteca immediately at support@Manteca.ai so that we can consider its editing or removal.
13.14. You are solely accountable for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that:
13.14.1 You are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein;
13.14.2. Your Materials do not and will not:
22.214.171.124. Infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
126.96.36.199. Slander, defame, or libel any other person.
13.14.3. Your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code;
13.14.4. Unless you have received prior written authorization, your Materials do not contain any confidential information of any third party.
13.15. We reserve all rights and remedies against any Manteca User who breach these representations and warranties.
14. User Contributions
14.1. The Service, App and/or Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Service, App and/or Website.
14.2. All User Contributions must comply with the Content Standards set out in these Terms.
14.3. Any User Contribution you post will be considered non-confidential and non-proprietary.
14.4. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
14.5. You represent and warrant that:
14.5.1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
14.5.2. All of your User Contributions do and will comply with these Terms of Service.
14.6. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
14.7. We are not responsible, or liable to any third-party, for the content or accuracy or any User Contributions posted by your or any other user of the service.
14.8. Under these Terms, Manteca has the right to:
14.8.1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
14.8.2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
14.8.3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
15. Disclaimer of Warranty.
15.1. To the fullest extent permitted by law, the service is provided “as is” with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
15.2. You acknowledge that, because of the nature of the internet, mobile networks, and the devices which access the internet and/or mobile networks, the service may not be accessible when needed, and that information, data, audio, and video transmitted over the internet and/or mobile networks may be subject to interruption or third-party interception and modification.
15.3. To the fullest extent permitted by law, Manteca disclaims all warranties or conditions, express or implied, including the implied warranties or conditions or merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, accuracy of informational content, and absence of viruses and damaging or disabling code.
15.4. To the fullest extent permitted by law, none of Manteca, its affiliates or service providers, Manteca content providers, and/or their respective affiliates, subsidiaries, employees, agents, and/or contractors (collectively, the “Manteca Parties”) warrant or guarantees, express or implied, regarding the accuracy, completeness, or timeliness of the service, and/or the content of the Service.
15.5. Manteca cannot and does not assume any responsibility for any loss, damages or liabilities arising from failure of any telecommunication infrastructure, the internet, or for your misuse of any content and information accessed through the service.
15.6. Your use of the service and your reliance upon any of the respective content is at your sole risk.
15.7. Neither Manteca nor its licensors will be considered an “expert” under the securities act of 1933.
15.8. Neither Manteca nor its licensors warrant that the service compiles with the requirements of the financial industry regulatory authority, the securities and exchange commission, or any similar organization or regulator with the securities laws of any jurisdiction.
15.9. Some Jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
15.10. In such states, liability is limited to the extent permitted by Law. Accordingly, some of the above mentioned limitations may not apply to you.
15.11. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code.
15.12. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
15.13. We will not be liable for any loss or damage caused by a disturbed denial of service attack, viruses or other technological harmful material that may infect your computer or mobile devices, and/or computer or mobile programs, data and/or other proprietary material due to your use of the service or any items obtained through the service or to your downloading of any harmful poster on it, or on any website linked to it.
15.14. Your use of the Service, its content, and any services or items obtained through the website is at your own risk.
16. Third-Party Information:
16.1. Neither Manteca, nor any of the entities whose information is made available through the service, might be responsible for the accuracy of information, data, or content, including, but not limited to prices, quotes, equity sales and/or other market information, and any such information and/or data (“Market Data”), that is displayed or reported via the service.
16.2. Manteca does not guarantee or make any warranty of any kind, express, or implied, regarding the timeliness, sequence, accuracy, completeness, usefulness, reliability, or content of Market Data.
16.3. By accepting these Terms, you agree:
16.3.1. To use Market Data and the Service at your own risk.
16.3.2. That neither Manteca nor any entity whose information is made available through the Service will be held liable for any loss arising out of relating to:
188.8.131.52. Any inaccuracy, defect, or omission in Market Data.
184.108.40.206. Any error or delay in the transmission of Market Data
220.127.116.11. Interruption in any Market Data service.
16.3.3. You also acknowledge that any information you obtain from another Manteca User comes from those individuals, and not from Manteca, and that Manteca, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make.
16.4. To the fullest extent permitted by law, Manteca disclaims any such statements, claims, or representations and the same do not expand or otherwise modify these Terms.
16.5. If you are dissatisfied with the Service, your sole and exclusive remedy is to stop accessing and using the Service.
17. Account Data:
17.1. Manteca is not responsible for the accuracy of Account Data obtained from Third-Party service providers and/or sources, and that is displayed through the Service.
17.2. Manteca does not represent or warrant that it will be able to retrieve user’s Account Data from any Third Party sources.
17.3. If you suspect that any Account Data is inaccurate or outdated, you should contact the applicable Third-Party Data Source.
17.4. By using the Service, you acknowledge that the investment results you could obtain from financial insights provided by Manteca cannot be guaranteed.
17.5. While the Service may assist you in helping you manage your finances, you should consult with a professional financial advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
18. Not A Financial Advisor, Planner, Broker, or Tax Advisor:
18.1. Any information provided by or through the Service does not constitute financial, investment, legal, accounting, tax, or other advice. As such, the service is not intended to provide, legal, tax, retirement, investment, purchases, and /or financial advice.
18.2. The Service is not intended to serve as a tax preparation service.
18.3. The Service is intended solely to assist the users in financial organization and decision making, broad in scope.
18.4. Any user and/or potential user financial data and financial situation is unique, and as such, any information and/or advice obtained through the Service may not be appropriate to other users and/or potential users.
18.5. As such, before making any final decisions or implementations any financial strategy, based on the information portrayed in the Service, all users should consider obtaining additional information and advice from a professional service provider, such as an accountant and/or any other certified financial advisor, who are fully aware of any individual circumstances.
19. Limitation of Liability.
19.1. Limitation to the fullest extent permitted by law:
19.1.1. In no event will Manteca, it’s affiliates, and/or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with a user use, or inability to use the Service, any service linked to it, any content on the service or such other services or any services or items obtained through the service or such other services., including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
19.1.2. Each Manteca User is solely responsible for:
18.104.22.168 His or her use of the Service.
22.214.171.124. Any damages incurred by him or her or any third party that arise from and/or are related to the Service.
19.1.3. The aggregation liability of the Manteca parties for any damages, whether arising in contract, tort or otherwise, will be limited to actual damages proved, and not to exceed the greater of the amount of the fees paid by a user under these Terms or one hundred U.S. dollars (US100$).
19.1.3. None of the Manteca parties will be liable for any punitive, special, indirect, or consequential damages, even if such Manteca parties have been advised of the possibility of such damages.
19.2. You represent that you have independently investigated the advisability of using the Service and the possible risks involved in using the Service.
19.3. You agree to maintain your own insurance covering such risks and will look solely to such insurance for reimbursement of any resulting damages.
20. Manteca is not affiliated with any other Manteca User, carrier, service provider, and/or Third-Party Service Provider, and any dispute a Manteca User might have with any other Manteca User, carrier, service provider, Third-Party Service Provider and/or other third party arising from a user’s usage of the Service, including a user’s employer, is directly between a user and such third party, and a user irrevocably release Manteca (and it's officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such Disputes.
21.1. Any computer system, service, or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s, or ours, can experience unanticipated outages, slowdowns, or capacity limitations.
21.2. As a result of high internet traffic volume, transmission problems, systems capacity limitations, and other problems, you may have trouble accessing the Service or communicating with us through the internet or other electronic and wireless services.
21.3. The Service may be unavailable during system maintenance, for security precautions, or when interrupted by circumstances beyond our control.
21.4. Manteca will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to any of the foregoing or for any other unforeseen events that are beyond Manteca’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action.
22.1. To the fullest extent permitted by law, you will defend, indemnify, and hold the Manteca Parties harmless against any loss or damage of any kind (including attorneys’ fees and lost revenues) arising from:
22.1.1. Any breaches by you of these Terms or any representation, warranty, or covenant contained in these Terms.
22.1.2. Any use of the Service not specifically authorized in these Terms or on the Service.
22.1.3. Any claims and actions against any Manteca Party by other parties to whom you allow access to the Service.
22.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
22.3. You will not, in any event, settle any such claim or matter without our written consent.
23. Additional Service Features:
23.1. The Service may contain information on products and services provided by third parties and links (including advertisements) to third-party websites (collectively, “Third-Party Services”). Third-Party Services are provided only as a convenience to Manteca Users.
23.2. Manteca does not review or control Third-Party Services, and Manteca does not make any representations or warranties, express or implied, regarding Third-Party Services.
23.3. Inclusion of any Third-Party Services in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Manteca with respect to any Third-Party Services.
23.4. Manteca is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.
23.5. The Service may allow you to connect, integrate, or sync with your Manteca account certain accounts provided by or retrieve information maintained by third parties with whom you have a customer relationship, maintain an account, or engage in financial transactions (“Third-Party Integrations”).
23.6. Manteca may use third-party data sources to assist in facilitating Third-Party Integrations and collect and sync data from Third-Party Integrations (“Third-Party Integration Data”).
23.7. Manteca does not review Third-Party Integration Data for accuracy, legality, or non-infringement. Manteca is not responsible for Third-Party Integration Data or products and services offered by or on third-party sites. Manteca cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, and personalization settings, or from device operating environment malfunctions or other service interruptions.
23.8. Manteca cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
23.9. You are responsible for connecting, integrating, and syncing with Third-Party Integrations. For example, you may be required to provide valid credentials for the Third-Party Integration.
23.10. You may also be required to generate authentication codes, keys, or other tools to connect with a Third-Party Integration. We may provide tools to facilitate such connections and/or guides detailing a process for facilitating such connections, but you are entirely responsible for arranging such connections in an accurate, complete, and secure manner.
23.11. You agree that Manteca disclaims any responsibility or liability for and that Manteca will not be held liable for any loss arising out of relating to your connection to a Third-Party Integration.
23.14. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third-Party Services and Third-Party Integrations, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content that may be included on or with any Third-Party Services and Third-Party Integrations.
23.15. Manteca disclaims any responsibility or liability for any harm resulting from your use of Third-Party Services and Third-Party Integrations, and you hereby irrevocably waive any claim against Manteca with respect to any Third-Party Services and Third-Party Integrations.
24. Links from the Service:
24.1. If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only.
24.2. This includes links contained in advertisements, including banner advertisements and sponsored links.
24.3. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
24.4. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
25. Dispute Resolution.
25.1. In the interest of resolving disputes between you and Manteca in the most expedient and cost-effective manner, you and Manteca agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration
25.2. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts.
25.3. Arbitrators can award the same damages and relief that a court can award.
25.4. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the expiration or termination of these Terms.
25.5. You understand and agree, that by entering into this Agreement, you and Manteca are each waiving the right to a trial by jury or to participate in a class and/or collective action.
25.6. You further understand that these dispute resolution term will apply to you and Manteca unless you choose to OPT OUT of the service.
25.7. Agreeing to arbitration is an important business decision , and it is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration.
25.8. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
25.9. Despite the provisions described in previous sections of this Agreement, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to:
25.9.1. Bring an individual action in small claims court.
25.9.2. Bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.
25.9.3. Seek injunctive relief in a court of law.
25.9.4. File suit in a court of law to address an intellectual property infringement claim.
25.10. Any arbitration between you and Manteca will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA.
25.11. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Manteca. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
25.12. A party who intends to seek arbitration must first send a written notice of the dispute to the other party within the applicable statute of limitations period (“Notice”). Manteca’s address for Notice is support@Manteca.ai.
25.13. The Notice must:
25.13.1. Describe the nature and basis of the claim or dispute.
25.13.2. Set forth the specific relief sought (“Demand”).
25.14. The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Manteca may commence an arbitration proceeding.
25.15. During the arbitration, the amount of any settlement offer made by you or Manteca must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
25.16. If the dispute is finally resolved through arbitration in your favor, Manteca will pay you the highest of the following:
25.16.1. The amount awarded by the arbitrator, if any
25.16.2. The last written settlement amount offered by Manteca in settlement of the dispute prior to the arbitrator’s award; or (c) $1,000.
25.17. If you commence arbitration in accordance with these Terms, Manteca will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules.
25.18. Any arbitration hearing will take place at a location to be agreed upon in Wilmington, Delaware, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted:
25.18.1. Solely on the basis of documents submitted to the arbitrator.
25.18.2. Through a non-appearance based telephone hearing.
25.18.3. By an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
25.19. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Manteca for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
25.20. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
25.21. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
25.22. You and Manteca 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 or representative proceeding (other than action under the California private attorneys general act of 2004, California Labor Code § 2698 ET SEQ. Which are not covered by this section).
25.23. Unless both you and Manteca agree otherwise, 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.
25.24. If Manteca makes any future change to this arbitration provision, other than a change to Manteca’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Manteca’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Manteca.
25.25. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
25.26. If the Section describing the No Class Actions, is found to be unenforceable or if the entirety of this Section describing method to resolve disputes is found to be unenforceable, then the entirety of this Section describing method to resolve disputes will be null and void and the exclusive jurisdiction and venue described in Section describing Governing Law and Choice of Forum, and it will govern any action arising out of or related to these Terms or your use of the Service.
25.27. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Section describing method to resolve disputes, you may opt out of this Section by notifying Manteca in writing of your decision by sending, within 30 days of the date you receive these Terms, an electronic message to support@Manteca.ai, stating clearly your full name and intent to opt out of this Section.
25.28. Should you choose not to opt out of this Section describing method to resolve disputes within the 30-day period, you and Manteca will be bound by the terms of this Section.
25.29. You have the right to consult with counsel of your choice concerning this Section.
25.30. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Section.
26. Monitoring and Enforcement:
26.1. Under these Terms, Manteca has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
26.2. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
26.3. You waive and hold harmless the company and its affiliates, licensees and service providers from any claims resulting from any action taken by Manteca, any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of an investigation by either Manteca or such parties or law enforcement agencies.
27. Cooperation with Authorities
27.1. Manteca may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
28. Protected Activity Not Prohibited:
28.1. To the extent permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in, any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state, or local government agency or commission (“Government Agencies”).
28.2. In connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, Manteca.
28.3. In making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute Manteca confidential information to any parties other than the Government Agencies.
29. Governing Law AND Choice of Forum:
29.1. The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service.
29.2. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms.
29.3. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.
30.4. You give Manteca permission to combine information you enter or upload for the Service with that of other users of the Services and/or other Manteca services. For example, this means that Manteca may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions.
30.5. Manteca may access or store personal information in multiple countries, including countries outside of your own country, to the extent permitted by applicable law.
30.6. By providing a telephone number in connection with the Services, you verify that you are the current subscriber or owner of that number. In addition, you expressly agree that Manteca and its affiliates may contact you by telephone or text message (including through the use of artificial voices, prerecorded voice messages, and/or autodialed calls and text messages) to the telephone number you provide or to any number provided to us on your behalf, for various purposes including verifying your identity, providing you with important notices regarding your account or use of the Services, fulfilling yours requests, or letting you know about promotions or Manteca services we think we may be of interest to you.
30.7. Your consent to receive automated calls and texts is completely voluntary, and you may opt out any time. You acknowledge that if you do not opt out, we may contact you even if your number is listed on a do-not-call list or if you cancel your account or terminate your relationship with us.
30.8. You do not have to agree to receive promotional calls or texts as a condition of purchasing any goods or services.
30.9. You understand and agree, for any text messages sent to you in connection with the Services, that:
30.9.1. Message frequency may vary.
30.9.2. Message and data rates may apply, and Manteca is not responsible for these charges.
30.9.3. You may reply HELP for information.
30.9.4. You can reply STOP to opt out at any time (though if you do, you agree to receive a single message confirming your opt-out).
30.9.5. Neither Manteca nor mobile carriers involved in the text messaging are liable for delayed or undelivered messages. To opt out of automated voice calls, you must provide us with written notice revoking your consent by contacting us as described in our Privacy Statement, and including your full name, mailing address, account number, and the specific phone number(s) you wish to opt out of such calls.
30.10. You also acknowledge and agree that your telephone calls to or from Manteca or its affiliates may be monitored and recorded. You must notify us immediately of any breach of security or unauthorized use of your telephone. Although we will not be liable for losses caused by any unauthorized use of your telephone, you may be liable for our losses due to such unauthorized use.
31. California Consumer Privacy Act:
31.1. For the purposes of the California Consumer Privacy Act (“CCPA”), Manteca shall be considered a Business and/or Third Party, as applicable.
31.2. Where Manteca acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Manteca is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable Manteca to:
31.2.1. Share any and all Personal Information you provided with any Manteca company, including Manteca Inc. and any parent, subsidiary, affiliate, or related company of Manteca Inc. (collectively, the “Manteca Family Companies”).
31.2.2. Use any such Personal Information in connection with any and all Manteca Family Companies’ internal operations and functions, including, but not limited to, improving such Manteca Family Companies’ products and/or services, operational analytics and reporting, marketing and advertising, internal financial reporting and analysis, audit functions and archival purposes.
31.3. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Manteca Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
32. Waiver and Severability
32.1. No waiver of by the Company of any term or condition set forth in these Terms of Service 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 the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
32.2. If any provision of these Terms of Service 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 remaining provisions of the Terms of Service will continue in full force and effect.
33.1. these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of Manteca and any attempt to do so will be null and void.
33.2. Manteca may assign or transfer these Terms at any time without your permission.
34. Third-Party Beneficiaries:
34.1. The provisions of these Terms relating to the rights of Manteca service providers are intended for the benefit of such service providers, and such service providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with these Terms, irrespective of the fact that they are not parties to these Terms.
35. You hereby represent and warrant that:
35.1. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
35.2. You are not listed on any U.S. Government list of prohibited or restricted parties.
36. If Manteca provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail. Any heading, caption, or section title contained in these Terms is for convenience only, and in no way defines or explains any section or provision. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.”
37. Under California Civil Code Section 1789.3, Manteca Users located in California are entitled to the following notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
38. Apple Users:
38.1. You acknowledge that these Terms are between you and Manteca only, not with Apple, and Apple is not responsible for the Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to
38.1.1. Product liability claims.
38.1.2. any claim that the Service fails to conform to any applicable legal or regulatory requirement.
38.1.3. Claims arising under consumer protection or similar legislation.
38.2. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service.
38.3. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that:
38.3.1. You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
38.3.2. You are not listed on any U.S. Government list of prohibited or restricted parties. If Manteca provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
39. Entire Agreement
39.2. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
39.2. If you do not agree with any of the changes, you must immediately stop accessing our Services and your license to use our Services will immediately terminate.