Manta: Terms and Conditions

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Welcome to Manta.com! We offer you the web sites, services and content on Manta.com ("Manta.com") on the condition that you agree to the following terms.

BY USING OR REGISTERING FOR MANTA.COM, YOU SIGNIFY ELECTRONICALLY YOUR AGREEMENT TO THE FOLLOWING TERMS (the "AGREEMENT" or "TERMS OF SERVICE"). Do not use or sign up or use Manta.com if you do not agree to these Terms of Service.

About these Terms

These Terms of Service govern your use of Manta.com, including all use, submissions and purchases that you make from the service. You understand and agree that certain products, services and content offered through Manta.com, including products from third party content providers ("Contributors"), may be subject to additional terms and conditions that will be presented to you when you make a purchase of a particular product and that such terms will supplement this Agreement. You agree to be bound by such supplemental terms. Manta.com is provided by EC Next, Inc. and its affiliates (either "we" or "us"). In this Agreement, the term "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms of Service. We may change any term to this Agreement at any time. If you disagree with any changes to this Agreement, you must discontinue your use of Manta.com before the changes take effect. Your ongoing use of Manta.com after the changes take effect signifies your agreement to the new terms.

Changes to the Services

We may change or discontinue any offering or feature on Manta.com at any time and without notice.

Registration

We will open an account for you when you sign up for Manta.com. You must provide complete and accurate registration information, including accurate and up-to-date billing information. You agree to keep this information up-to-date. You represent and warrant that (a) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations (b) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, and (c) all information that you provide is true and current.

Your Information

You consent to the information practices regarding your account and the choices that you can make about the use of your information as disclosed in the Manta.com Privacy Policy.

Your Responsibilities

You are responsible for all activities under your account, including all legal liability incurred from the use of your account by you or others. You may not use Manta.com, or any of its web sites, services, data, information and content (collectively, "Content") in any way that (1) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights; (2) is unlawful; (3) impersonates any person, business or entity, including our company and our employees and agents; (4) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (5) is intended to mislead others, including without limitation, posting profiles and information about companies and business that are false or misleading; or (6) violates this Agreement, guidelines or any policy posted on Manta.com. You may not give access to your account, or disclose your password to others. You may not harvest information about Manta.com users for the purposes of sending spam or other forms of unsolicited communications. You are responsible for keeping your account information, including all passwords, confidential. You shall be solely responsible and accept all liability for your (including your agents' and representatives') changes, edits, modifications or additions to the information and/or data you receive through Manta.com.

License and Permitted Uses

We grant you a non-exclusive, non-transferable, limited license to access and use Manta.com and the Content subject to the terms and limitations of this Agreement. All Content is licensed and not sold. Except as otherwise provided in any supplemental terms that may apply to certain Content, you may download and temporarily store insubstantial portions of Content that you purchase to one personal computer storage device under your exclusive control. You may use such Content only (1) to display internally such Content for your individual research needs and (2) to quote and excerpt from such Content. You may also create one printout of such Content for your internal use and you may not further distribute the printouts. You may not copy, download, store, publish, transmit, transfer, sell or otherwise use the Content in any form or by any means, except as expressly permitted by this Agreement. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may not store or use the Content to create an archival, searchable database of the Content. You shall not sell, license or distribute the Content (including any printed version of the Content) to third parties. If you are purchasing Content through Manta.com provided by Dun & Bradstreet, you agree to the terms of the Dun & Bradstreet Supplemental Terms and Conditions provided below. Except for the license granted in this Agreement, all rights, title and interest in Manta.com and the Content are and will continue to be the exclusive property of us and our third party content providers and contributors.

Special Terms Regarding User Content, Forums, Comment Areas and Message Boards

We may offer from time to time areas on the Service, such as forums, blogs, user comment areas, customizable Content areas, message boards, for users to share and exchange ideas on topics related to the companies and businesses discussed in such public areas. We may also offer services in which companies and business may post their own profiles. The following terms apply if you visit, use or make submissions to such areas and service on Manta.com where users may post content on the service (collectively, the �Posting Areas�).span>

Important Disclaimers about the Forum Areas and their Materials.

The Posting Areas contain user generated Content; neither we nor our Contributors offer Content or other commentary within these Posting Areas, nor should any of the Content submitted on the Posting Areas be construed as being endorsed or verified by us or our Contributors. The information, articles, postings, comments and opinions expressed by users within the Posting Areas ("Materials") are for information, general discussion, education, and entertainment purposes only. We are not an investment company and we do not make available the Posting Areas to provide personalized investment advice. Nothing contained on Manta.com shall constitute (a) a solicitation, recommendation, endorsement, or offer to buy or sell any securities or other financial instruments or (b) a recommendation to any specific individual or business that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person. We and our Contributors cannot and do not assume responsibility, and expressly disclaim all liability, for the truthfulness, accuracy, reliability, completeness, timeliness, legality or applicability of any Materials posted or otherwise transmitted by any users, and neither do we endorse opinions expressed by any users. THE MATERIALS ARE POSTED "AS IS" AND YOU USE OR RELY ON SUCH MATERIALS SOLELY AT YOUR OWN RISK.

We reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content or Materials from the Posting Areas or Manta.com.

Important terms about Materials You Post

Except for the Content we and our Contributors license to you, we do not claim ownership of any Materials posted by you or our other users. However, by submitting Materials to Posting Areas: (a) you grant us, our affiliates, and distributors a perpetual, worldwide and royalty free right to use, copy, display, perform, distribute, redistribute, syndicate, adapt and promote your Materials in any medium including, without limitation, the use of your user name and alias associated with your Materials' and (b) you grant other users of Manta.com free permission to view and use your Materials. If you participate in any feature on Manta.com that allows users to share, modify, or combine user Content with other Content, you grant us and our users an irrevocable, royalty free, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your Content on Manta.com. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions. We may refuse to publish, and may remove your Materials from Manta.com at any time and for any reason. You represent and warrant to us that you have all rights necessary for you to grant the permissions in this section.

You may not submit or transmit through Manta.com (including any Posting Area) any Materials, or otherwise engage in any conduct that:

a. violates federal and state laws, including without limitation, laws pertaining to securities and investment advising;

b. violates rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially and including the rule against making false or misleading statements to manipulate the price of any security;

c. constitutes stock touting;

d. posts or transmit any advertising, promotional materials, or other forms of solicitation including chain letters and pyramid schemes;

e. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;

f. is unlawful, threatening, abusive, harassing, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;

g. publishes falsehoods or misrepresentations that could damage any person or entity, or is otherwise defamatory, libelous or deceptive;

h. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

i. impersonates any person, business or entity;

j. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

k. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

In order to help you comply with these Terms of Service, you agree to review the information made available to the public by the Security Exchange Commission regarding the prohibitions against insider trading at http://www.sec.gov/answers/insider.htm.

You acknowledge that posting Materials that violate the terms of this Agreement, the rights of others, or any applicable law or regulation, may result in civil or criminal liability. You represent and warrant to us that your conduct on Manta.com and within the Posting Areas will at all times comply with the terms of this Agreement.

You are solely responsible for backing up any Content or Materials that you store on any customizable area on Manta.com. We are not responsible for the loss of any data, Content or Materials you elect to store on Manta.com.

By submitting Materials on Manta.com, (a) you represent and warrant that the Materials are true, accurate, current, complete and that you own or have express permission to post the materials on Manta.com; (b) that you have the authority to post such Materials on the Posting Areas and that such submission will not violate any trade secrets, confidential information, or violate any securities laws; and (c) you agree to indemnify and hold us harmless from all claims, costs and expenses (including legal expenses) arising out of any Materials posted or published by you that are in breach of this section.

No Spam

You may not use the Posting Areas or Manta.com to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Posting Areas or Manta.com to violate the terms of this Agreement.

Important Disclaimers about the Featured Company Listings and their Materials.

Manta Featured Company Listing is a service for business owners and marketing organizations to position descriptive text about their company above other companies listed on Manta for a given category and location combination.

BY COMPLETING THE MANTA.COM REGISTRATION FORM, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU AGREE TO PROVIDE TRUE, ACCURATE, CURRENT AND COMPLETE INFORMATION, AND THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT.

Description of the Manta Featured Company Listing Service and the 30-Day Free Trial Period

Manta.com Featured Company Listing Service is a fee-based service provided by Manta.com to feature your company in the Manta.com company browse results list. Each category and location combination enables the participant to feature one (1) company text link in a category and location combination. Your first Featured Company Listing is FREE for 30 days and then bills monthly thereafter. All other Featured Company Listings are billed at the time of submission.

THE 30-DAY FREE TRIAL OFFER IS AVAILABLE TO ALL CUSTOMERS WITH A MAJOR CREDIT CARD. FREE TRIAL PROMOTION IS A ONE-TIME OFFER PER CUSTOMER, LIMITED TO ONE (1) FREE TRIAL FEATURED COMPANY LISTING. TO AVOID BEING CHARGED THE MONTHLY FEE, SIMPLY CANCEL YOUR SPONSORSHIP BEFORE THE FREE TRIAL PERIOD ENDS.

A credit card is required to set-up the free trial Featured Company Listing; however the credit card used will not incur any charges during the free trial period. All Featured Company Listings must conform to the Manta.com Editorial Guidelines, and must be relevant topically to the category and location. All Featured Company Listings are subject to final approval by the Manta.com editorial team, which in their sole discretion may reject a Featured Company Listing request for any reason.

All fees paid for featuring a company are NON-REFUNDABLE.

Selection and Listing of Sites

Manta.com reserves the right to decide whether, where, and how a featured company is listed.

Manta.com reserves the right to reject a Featured Company Listing submission.

Featured Company Listing Participation

If you wish to discontinue participation in the Manta.com Featured Company Listing service, you may cancel at any time. To avoid your credit card being billed for the Recurring Monthly Fee, cancellation may occur at any time before the end of the month that you intend to be your last month of participation. The "end of the month" is defined as 31 days from the date that your Featured Company Listing was added as noted on the confirmation emailed to you at that time. If you request that your Featured Company Listing be removed before the end of a month for which you have pre-paid the Recurring Monthly Fee, you agree that Manta.com will not be required to refund any portion of such fee.

Access Costs

You must provide at your own expense the equipment and Internet connections that you will need to access and use Manta.com. Those costs are in addition to any purchases you make from Manta.com. If you are accessing a Service through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, if you access Manta.com through wireless applications (e.g., cell phones), your carrier, such as a wireless carrier, may charge fees for alerts, text messaging (including receiving/sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. If you register for any services from Manta.com that are delivered by text messages or short messaging service, you authorize delivery of such messaging services to the wireless unit and number designated by you, you acknowledge that you are responsible for determining any standard text messaging fees that you may incur from your carrier while using the service, and you authorize us to deliver the messaging service to you until you elect to opt out of such messaging service.

Fees and Payment

You agree to pay the applicable fees and charges for purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. We will disclose your payment terms at the time you make a purchase from Manta.com; you can also review your payment terms from time to time by visiting the "My Account" area on Manta.com. All charges are nonrefundable.

You must give us accurate billing and payment information and keep this information up-to-date. Every time you use Manta.com, you reaffirm that (i) we are authorized to charge your designated payment method; (ii) we may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges. YOU AGREE THAT WE MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT unless required otherwise by law. If we do not receive payment from your designated payment method, you agree to pay all amounts due upon demand by us. You are responsible for all charges incurred under your account made by you or anyone who uses your account. We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on Manta.com. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and pay for such purchases.

Refund Policy

Due to the type of the information being sold, we unfortunately cannot accept returns of articles, profiles, lists or reports once they have been delivered. We cannot and do not warrant that the information available through this service is accurate, complete or updated but rather is provided to the user 'as is'.

Please be sure to read all available information about a report before you place your order.

Billing Problems and Disputes.

You must notify us about any billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank. If you do not bring such problems or discrepancies to our attention within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

Disclaimer of Warranties

We provide Manta.com "as is", "with all faults" and "as available." YOUR USE OF MANTA.COM IS AT YOUR OWN RISK. We and our Contributors make no express warranties or guarantees about Manta.com, the Content and the Materials. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEB SITES, SERVICES, CONTENT and MATERIALS ON MANTA.COM ("MANTA.COM SERVICES") ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE MANTA.COM SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE MANTA.COM SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

Limitation of Liability

WE, OUR PARENT, AND OUR CONTRIBUTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE MANTA.COM SERVICES AND SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR AND OUR SUPPLIER'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOU AGREE, AND YOU WILL REQUIRE THAT ANY THIRD PARTY WHO INDIRECTLY USES THE CONTENT THROUGH YOU ("THIRD PARTY USER") TO AGREE, THAT IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR THE RESULTS OF ANY THIRD PARTY USER'S USE OR RELIANCE UPON THE MANTA.COM SERVICES, FOR ITS INABILITY OR FAILURE TO CONDUCT ITS BUSINESS, OR FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.

IN NO EVENT SHALL OUR OR OUR CONTRIBUTORS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE MANTA.COM SERVICES EXCEED THE TOTAL AMOUNT YOU PAID FOR THE PARTICULAR MANTA.COM PURCHASE AT ISSUE.

Termination

We may cancel or suspend your access to Manta.com at any time, without cause and/or without notice. Your right to use Manta.com will end once your service is terminated, and any data you have stored on Manta.com may be unavailable later. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Manta.com. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices

Your affirmative act of making purchases or registering for Manta.com constitutes your electronic signature to this Agreement and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding Manta.com (collectively, "Notices"). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the applicable web page of Manta.com. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.

In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted on Manta.com constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the laws of the State of Ohio govern this contract and any claim or dispute that you may have against us, without regard to Ohio's conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Franklin County, Ohio.

Assignment

We may assign this contract at any time without notice to you. You may not assign this contract to any one else.

Procedure for Making Claims of Copyright Infringement

We respect the intellectual property of others, and we ask our content partners and those posting to this site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.

2. a description of the copyrighted work that you claim has been infringed and a description of the infringing activity.

3. identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.

4. identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.

5. your name, address, telephone number, and email address.

6. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

7. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on this site can be reached as follows:

By mail:
Copyright Agent
c/o Manta Media, Inc.
8760 Orion Place
Suite 200
Columbus, Ohio 43240
By phone:
614-807-5103
By fax:
614-807-5104

By email:help@manta.com

DUN & BRADSTREET SUPPLEMENTAL TERMS AND CONDITIONS

The following supplemental terms ("D&B Terms") apply to you only if you are purchasing any Content ("D&B Products") distributed by Dun & Bradstreet ("D&B"). In the event of any discrepancy regarding between these D&B Terms and the Agreement as it relates specifically to the D&B Products, the following terms shall apply.

The D&B Products are licensed to you for your internal use only. They may be used by you solely as one factor in your insurance, marketing or other business decisions, and will not be used to determine an individual's eligibility for credit or insurance to be used primarily for personal, family, or household purposes or to determine an individual's eligibility for employment.

The D&B Products shall not be reproduced, revealed, or made available in whole or in part to anyone else unless required by law. You acknowledge that the products are subject to the copyright and other proprietary rights of D&B and you will not commit or permit any act or omission that would impair such rights.

D&B DOES NOT GUARANTEE OR WARRANT THE D&B PRODUCTS OR THE SYSTEM IN ANY WAY. D&B SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY D&B'S NEGLIGENT ACTS OR OMISSIONS IN PREPARING OR DELIVERING THE D&B PRODUCTS OR IN DOING ANYTHING RELATED THERETO. D&B WILL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE ABOVE, D&B IS HELD TO BE LIABLE, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED $10,000.

These D&B Terms and performance hereunder shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., and any action, suit or proceeding instituted hereunder or related hereto shall be maintained in the courts of the State of New Jersey, U.S.A., or the federal courts located in the State of New Jersey, U.S.A., which courts shall have exclusive jurisdiction for such purposes.

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