Corporate Terms & Conditions

Blue Mantis Returns Policy and Procedure

Subject to the return policy of the manufacturer, Blue Mantis will accept returned merchandise within 30 days of the ship date, with prior approval, for credit or replacement.  At its discretion, Blue Mantis reserves the right to assess a 15% restocking fee on any returned merchandise. The procedures are as follows:

Contact your Account Executive to initiate any return over $35.00

Once approved for a return, you will receive a pre-paid shipping label to affix on the box(es) to be returned. Blue Mantis pays for the return freight and cross-ships the replacement product when necessary, within the contiguous United States. Freight costs for returns outside the contiguous 48 states will be the responsibility of the customer.

Non-Defective Returns

The product must be factory-sealed with the original box, packaging materials, manuals, software, and static seals intact. These returns need to be in this condition so they can be resold “as is” by our distributors. Please do not write on or otherwise mark the packaging, as the return may be denied. A good practice is to check the packing slip found on the outside of the shipping carton against your purchase order before opening it.  Some licensing or software may not be returnable.

Defective Returns

You must include the original box, packaging materials, manuals, and software. Returns missing these items will be unacceptable and will be returned to you.  Most manufacturers require that you contact them directly to give them the opportunity to assess the situation and choose to repair or replace the product.  In these specific cases we will supply you with the appropriate phone number.

Exceptions

Some manufacturers have special return policies, which supersede Blue Mantis’s policies. In addition, no opened, non-defective mass storage devices and systems may be returned. (Again, please check the packing slip before opening to ensure that it is the correct product.) Non-defective configured systems, special orders, and discontinued items may not be returned. In the event that Blue Mantis ships something in error (mis-shipment, multiple shipment, short shipment) Blue Mantis must be notified within 30 days. Returns over the 30 day policy will be assessed a 15% restocking fee. Finally, some manufacturers require that some product returns may be returned for replacement only.

Price Protection

Blue Mantis follows the manufacturer and distributor guidelines in regard to what may or may not be price protected. This will dictate the credit amount.

TERMS AND CONDITIONS

These Terms and Conditions of Use (the “Agreement”) apply to your use of the http://usm.channelonline.com/greenpages/storesite/ as well as your purchase or use of any materials, services or products provided to you by or through the Site. By using the Site and/or any of the materials, products or services supplied by or through this Site, you agree with these Terms and Conditions of Use, which incorporate by reference, Blue Mantis’s Privacy Policy found at https://www.bluemantis.com/privacy-policy (“Privacy Policy”) and Return Policy found above (“Return Policy”) and acknowledge that you have read the provisions contained herein. Blue Mantis may, in its sole discretion, modify, alter, or amend the provisions of these Terms and Conditions of Use, including, without limitation, the pricing of its products and services, at any time. Your continued use of the Site after such changes are made constitutes your acceptance of such changes. Blue Mantis reserves the right to deny access to this Site to anyone at any time.

OWNERSHIP OF SITE

As used in this Agreement, the term “Site” includes all content and aspects of the Site collectively and individually (including, without limitation, all Blue Mantis trademarks, any text, graphics, images, buttons, design lay-out and arrangement, and all software comprising the Site).  The Site along with all intellectual property and other rights therein is the sole and exclusive property of Blue Mantis or its licensors.  Your only rights in and to the Site are the limited license rights provided pursuant to this Agreement.  All other rights are expressly reserved.

USE OF SITE

License Rights

Subject at all times to this Agreement, Blue Mantis hereby grants you a limited, revocable, non-transferable and non-exclusive right and license to access and use the Site by displaying it on your Internet browser only for the purpose of reviewing information about Blue Mantis and its products and for purchasing personal items sold on the Site.  Your license rights are personal to you and you may not make any commercial use of the Site or use the Site on behalf of any third party unless Blue Mantis expressly agrees to such use in advance and in writing.  Blue Mantis may terminate this license at anytime and for any reason with or without notice to you.  Any use of the Site not expressly granted in this Agreement is a breach of this Agreement and may violate intellectual property and other laws.  Without limiting the generality of the foregoing, you agree that:

A. Your use of the Site will be for lawful purposes only in full compliance with all applicable local, national, and international laws, rules and/or regulations.

B. You will not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site.

C. You will not upload or post as part of any Submission (defined below) or otherwise any information or materials that (1) constitute or contain any message of a commercial nature (including, without limitation, any solicitation, advertisement, marketing materials, etc.); (2) violate, infringe or misappropriate any third party intellectual property or other rights; or (3) are false, misleading, unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.

D. You will not use with or launch or upload to the Site any automated program, system or routine that may in any way be harmful to the Site or in any way interrupt, destroy, limit or otherwise affect the functionality or security of the Site or any computers, networks and other hardware and software connected thereto or used therewith, including, without limitation, any bugs, viruses, worms, trap doors, Trojan horses, robots, or spiders.

E. You will not collect or harvest any personally identifiable information, including account names, from the Site.

F. You will not submit any misleading information about yourself (such as a false email address) or otherwise impersonate any other person while using the Site.

The list above is not exhaustive.  Blue Mantis reserves the right to monitor your use of the Site and any Submissions that you post to the Site.  Blue Mantis may edit or remove any Submissions and may terminate your rights under this Agreement at any time, for any reason.  Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Blue Mantis shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.

Submissions

Certain portions of the Site invite you to collaborate with Blue Mantis regarding products and services.  Any such information, materials or content (including, without limitation, any communications, any product reviews and feedback, product ideas and designs, and other information, text, images and similar content) are collectively and individually referred to in this Agreement as “Submissions”.  All Submissions will be treated as non-confidential and non-proprietary.  Upon posting any Submission you are irrevocably assigning to Blue Mantis any and all rights in and to such Submission, including, without limitation, any intellectual property rights therein.  In the event that any such assignment is deemed invalid, Blue Mantis shall automatically have a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form.  Blue Mantis may thereafter disclose, post, edit and otherwise use any Submission in any manner that Blue Mantis deems appropriate all without any compensation or credit to you.  Submissions are subject to the terms of this Agreement at all times.

User IDs & Passwords

Blue Mantis may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to have accepted the terms and conditions of this Agreement.  Blue Mantis has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Blue Mantis of any unauthorized use of your password or identification or any other breach or threatened breach of the Site’s security.

You may view and download materials from the Site only for your personal non-commercial use. You must retain all copyright, trademark, and other proprietary notices contained in the original materials on any copy of the materials. You may not modify the content or materials on this Site in any way. With the limited exception of certain reports regarding your account history which may be made available to you by Blue Mantis, you may not copy, reproduce, publish, publicly display, transfer, sell or offer for sale, distribute, enter in a database, or create derivative works from the materials and content composing the Site or use such content or materials in any way for any public or commercial purposes. Because the materials are copyrighted, any unauthorized use of them may violate copyright, trademark, and other laws. You may not use materials from the Site in a manner that violates the Copyright Act (17 U.S.C.A. 21) and/or the fair use exception of that Act. Your use of this Site gives you no ownership or other rights in or to Blue Mantis’s trademarks or service marks and you agree that you will not use, copy or distribute such trademarks or service marks. You may not transfer, sell, assign, or otherwise transfer your rights and obligations under this Agreement. By using this Site, you promise Blue Mantis that you will not use this Site for any unlawful or prohibited purposes. Any use of the content and/or materials found on the Site, other than a use specifically approved herein, shall be deemed a violation of the copyright, trademark and other proprietary rights of Blue Mantis and you shall be liable for all applicable damages. The content and/or materials on this website may not be used by any third party without the express written permission of Blue Mantis. Users may not copy, adapt or adopt the HTML or other computer code used to generate the Site for any purposes. Any unauthorized copying or adaptation or adoption of such coding is a violation of Blue Mantis copyrights.

Use At Your Own Risk

Blue Mantis may change the Site at any time. By accepting these terms and conditions, you agree to use the Site at your own risk. Although we try to provide up to date and accurate information, we make no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information provided via the Site. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any user or third party, whether in regards to its web site, products or services. Any cross-links provided via the Site are informational only and are not endorsements of such sites or the operator’s or owner’s products or services. You acknowledge that Blue Mantis is not responsible for the operation of or content located on or through any such site.

Risk of Loss, Return Policy & Product Availability

The risk of loss and title for items purchased by you pass to you upon Blue Mantis’s delivery of the items to the applicable carrier.  All product returns must be in compliance with Blue Mantis’s Return Policy.  Blue Mantis shall have the right to refuse or cancel any orders. If your credit card has already been charged for the purchase and your order is canceled, Blue Mantis’ shall immediately issue a credit to your credit card account in the amount of the charge.  Blue Mantis cannot and does not guarantee that all products will be available at all times and/or that all products may be sold outside of the United States.

Digital Millennium Copyright Act

It is Blue Mantis’s policy to respect the intellectual property rights of others.  If you are a copyright owner or an agent thereof and believe that any Submission or other aspect of the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Blue Mantis’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Blue Mantis to locate the material;
• Information reasonably sufficient to permit Blue Mantis to contact you, such as an address, telephone number, and, if available, an email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Blue Mantis’s designated Copyright Agent to receive notifications of claimed infringement is:

Attn: Jason Bernstein
DMCA Compliance Officer
Email: [email protected]

Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Blue Mantis customer service.  You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

If you are the owner or an agent thereof, of material that was removed from the Site or disabled after Blue Mantis received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending Blue Mantis a counter-notification.  Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:

• Your physical or electronic signature;
• Identification of the Site that has been removed or to which access has been disabled and the location at which the Site appeared before it was removed or disabled;
• A statement that you have a good faith belief that the Site was removed or disabled as a result of mistake or a misidentification of the Site; and
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Portland, Maine, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notification is received by the Copyright Agent, Blue Mantis may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days.  Unless the copyright owner files an action seeking a court order against Blue Mantis and provides Blue Mantis with notice of same, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notification, at Blue Mantis’s sole discretion.
Please send all other questions or comments regarding this Site or Blue Mantis’s products to your dedicated account manager, as assigned by Blue Mantis.

DISCLAIMER, TITLE TO GOODS AND LIABILITY LIMITATION

THE SITE, ANY PRODUCTS OFFERED FOR SALE ON THE SITE, ANY TRANSACTIONS CONDUCTED VIA THE SITE, AND ANY INFORMATION AND MATERIAL ON THE SITE OR PROVIDED VIA THE SITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BLUE MANTIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,  NON-INFRINGEMENT, AND TITLE. TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW DISCLOSURES OF IMPLIED WARRANTIES, SUCH EXCLUSIONS MAY NOT APPLY TO YOU. THE TITLE TO PURCHASED GOODS IS RETAINED BY BLUE MANTIS. UNTIL GOODS ARE PAID FOR BY THE CUSTOMER. IN NO EVENT WILL BLUE MANTIS BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE, EVEN IF BLUE MANTIS HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. BLUE MANTIS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON THE SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF BLUE MANTIS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, WORMS, TRAP DOORS, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY SITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SITE POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  BLUE MANTIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR VIA ANY SITE HYPERLINKED FROM THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BLUE MANTIS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  BLUE MANTIS DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR BE UNINTERRUPTED OR ERROR FREE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUE MANTIS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE MANTIS’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT ACTUALLY PAID BY YOU TO BLUE MANTIS DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO BLUE MANTIS’S LIABILITY.

The above may not apply in jurisdictions that do not allow the exclusion of certain warranties or limitations on liability.  Any claims arising in connection with your use of the Site must be brought within one (1) year of the date of the event giving rise to such action.  Your remedies under this Agreement are exclusive and are limited to those expressly provided for herein.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Blue Mantis and its affiliates and their respective directors, officers, employees,  or agents from and against any and all claims, actions, obligations, dmenads, damages, liabilities, losses, expenses, cost, or other liabilities of any kind (including, without limitation, reasonable attorneys’ fees) arising out of: (i) your use of the Site and/or any information, services and/or goods provided via the Site; (ii) your violation of this Agreement; (iii) your violation of any third party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that your Submissions caused damage to a third party.  The obligations under this subsection will survive this Agreement and your use of the Site.

TERMS OF SALE

All sales made via the Site are subject to the following terms and conditions:

1. Customer Acknowledgment.
   You acknowledge your agreement with these Terms of Sale and Terms and Conditions of Use (collectively, the “Terms”) by the placement of an order to purchase a product or service (collectively “Product”) from Blue Mantis. If you do not wish to be bound by these Terms, you must notify us and return your purchase pursuant to our Return Policy.
2. All Sales Made In Maine.
   All sales shall be deemed made in the State of Maine, USA, regardless of the location of the Customer. The Customer agrees that any dispute with Blue Mantis arising out of the Customer’s purchase from Blue Mantis shall be brought by the Customer exclusively in the state or federal courts situated in the State of Maine; and the Customer hereby agrees that such venue is appropriate and that Blue Mantis’s agreement to sell and deliver products to the Customer is dependent on this provision.
3. Purchase Price.
   o (a) Prices are listed in Blue Mantis’s catalogs and web site, and are subject to change without notice. Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties, and are subject to change without notice unless otherwise agreed to in writing.
   o (b) Payment is due before shipment, unless credit terms have been arranged in advance with Blue Mantis’s credit department. In such case, payment terms shall be as set forth in the credit agreement. Your order is subject to cancellation by us at our sole discretion.
   o (c) Although Blue Mantis uses reasonable efforts to charge customers applicable sales taxes, Blue Mantis is not responsible for collecting any sales and/or use taxes, if any, for sales made via the Site and shall not be liable for handling or customs charges for shipments of Product outside the United States unless otherwise agreed to in writing by Blue Mantis.
4. Shipping Terms.
   Blue Mantis will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer, with the limited exception of Ground shipments with a product purchase price in excess of $1,000. Risk of loss is on the Customer once Blue Mantis delivers the Product to the carrier, even if such carrier is selected or designated by Blue Mantis. Delivery times are estimates only and Blue Mantis shall not be liable for delays.
5. Vendor License Agreements.
   Customer agrees to abide by all license provisions or end user agreements imposed by the manufacturer or publisher of the hardware, software, materials and/or goods (collectively “Products”) sold through this site.
6. International.
   Products sold by Blue Mantis, including equipment and software, may be exported from the United States only in accordance with the Export Administration Regulations and other applicable federal or state laws, rules or regulations. Customer warrants and represents that it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher.
7. LIMITED MANUFACTURER’S WARRANTY.
   o (a) Blue Mantis warrants that it has good title to and/or maintains the right to distribute the Products it sells, and that it has been granted all necessary authority to sell the Products or licenses to the Products it distributes through this site.
   o (b) Blue Mantis does not warrant the performance or integrity of any Product, but merely passes through to the Customer, to the extent that Blue Mantis is able, whatever end-user warranty the manufacturers or software publishers provide, if any, for their respective Products.
   o (c) BLUE MANTIS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8. LIMITATION OF LIABILITY AND INDEMNIFICATION.
   IN NO EVENT SHALL BLUE MANTIS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER’S OR PUBLISHER’S END USER WARRANTY (IF ANY) ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL BLUE MANTIS’S LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM BLUE MANTIS. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
   
   In the event a claim or cause of action arises against Blue Mantis its officers, directors, employees, affiliates and agents (collectively, the “Indemnitees”) from your use of any product or service provided to you via the Site or otherwise obtained from Blue Mantis, you agree to indemnify and hold harmless the Indemnitees , against any damages, losses, expenses, cost, or other liabilities of any kind (including, without limitation, reasonable attorneys’ fees) arising from or in any way relating to such claims or causes of actions.
9. Returns.
   Returns of Products are subject to Blue Mantis’s current return policies, which are set forth in the catalogs, web site, and shipping statement, subject to any additional or lesser return rights adopted by the manufacturer or publisher. Read our Return Policy.
10. Exclusive Agreement.
    These Terms represent the complete and final agreement between the Customer and Blue Mantis for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in Blue Mantis’s invoice for the relevant sale. No terms contained in Customers’ purchase orders, offers to buy, terms and conditions, and the like shall modify or supplement the terms and conditions of sale set forth here and any attempt by a customer to modify or supplement these terms and conditions shall have no legal effect.
11. General.
    o (a) These Terms and any transactions made under them shall be interpreted by and be subject to the laws of the State of Maine, without regard to conflicts of laws rules.
    o (b) In the event any part of these Terms are deemed unlawful or unenforceable, that part shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.
    o (c) Blue Mantis shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, and embargo. Blue Mantis is not responsible for pricing, typographical, or other errors, in any offer by Blue Mantis and reserves the right to cancel any orders resulting from such errors.
    o (d) Blue Mantis retains the title, but not retain risk of loss, to purchased goods until goods are paid for by the Customer.
    o (e)These Terms may be modified from time to time by Blue Mantis without notice, and are current as of the date of the then current catalog or web site. Please refer to the current catalog or web site.

LEGAL JURISDICTION

This agreement regarding Terms and Conditions to Use is governed by, and shall be construed and enforced in accordance with, the laws of the State of Maine. You expressly agree that any claim or controversy arising out of or related to this Agreement, the Site, or the services or products provided on or through the Site shall be settled by binding arbitration to be held in Portland, Maine in accordance with the rules of the American Arbitration Association.  Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party.  The foregoing shall not preclude Blue Mantis from seeking any injunctive relief in any court of competent jurisdiction for protection of Blue Mantis’s intellectual property rights.  You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Maine for the enforcement of this arbitration agreement and of any arbitration award in connection with any such dispute including any claim involving Blue Mantis or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Site providers. This Agreement is governed by the internal substantive laws of the State of Maine, without respect to conflict of laws principles.  If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.  No right or remedy of Blue Mantis shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief or attorneys’ fees and expenses. No instance of waiver by Blue Mantis of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Blue Mantis makes no representation that materials in the site are properly available for use in locations other than the State of Maine. If you have accessed this site from jurisdictions other than the State of Maine you are responsible for compliance with the laws of such jurisdiction. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Entire Agreement

This Agreement, and the policies incorporated by reference, sets forth the entire understanding and agreement of the parties relating to the subject matter hereof, and it supersedes any prior or contemporaneous understandings of any kind or nature.  By agreeing to these terms, you represent that you are not relying on any agreement, representation or warranty pertaining to the subject matter hereof that is not expressly set forth herein.

Severability

The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

Intellectual Property Notice

The Site contains registered and/or unregistered copyrights of Blue Mantis.  The terms “Blue Mantis,” “CloudCycle,” “Cloudscape,” “CMAAS”, “GP 360,” “GP Virtual World,” “Green It,” “GreenPages 360,” “GreenPages Cloud Management Framework,” “GreenPages CMAAS,” “GreenPages Technology Solutions,” “GreenPages Virtual World,” “Hybeam,” “Journey to the Cloud,” “LogicsCare,” “LogicsIQ,” and “LogicsOne” are all registered or unregistered trademarks of Blue Mantis.  All rights reserved.

Ability to Accept Terms

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to abide by and comply with this Agreement.

General

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and Blue Mantis by your use of the Site.  The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Ownership of Site; Use of Site; License Rights; Submissions; User IDs & Passwords; Use at Your Own Risk, Risk of Loss, Disclaimer, Title to Goods and Liability Limitation; Indemnification; Legal Jurisdiction; Entire Agreement; Severability; Intellectual Property Notice; General. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Blue Mantis without restriction.  The section headings used herein are for convenience only and shall not be given any legal import.  This Agreement is for the benefit of Blue Mantis, its subsidiaries, affiliates and its third party web site providers and licensors and each shall have the right to assert and enforce these Terms of Use directly or on its own behalf.

Non-U.S. Net Users

Sales of our products and services must follow U.S. Commerce Department Regulations and State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.

U.S. Government Restrictions

Sales of software to the U.S. Government may be subject to license restrictions in accordance with DFARS 252.227-7013(1) and FAR 52.227-19.

Privacy

You (“you” or the “Customer”) agree that Blue Mantis may share certain demographic information provided by you, as is further set forth in the Blue Mantis Privacy Policy.