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Terms And Conditions

These Terms and Conditions (“Terms”) governs the use of the MMP Capital (“we”, “us”) website located at www.mmpcapital.com. You agree that by accessing the Website, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Revised” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of, and to have accepted, the changes in any revised Terms by your continued use of the Website after the date such revised Terms are posted.

1. USER RESPONIBILITY

A. User agrees, on behalf of themselves and their business, to all Terms , without limitation, including our Privacy Policy.

B. User is at least 18 years old, or the age of majority in their jurisdiction.

C. User is able to enter into binding in legal agreements. 

D. User assumes, behalf of themselves and their businesses, all responsibility when engaging in transactions through this Website (enter products, services, contracts, offering, listed on website) 

THE WEBSITE AND OUR PRODUCTS AND SERVICES ARE INTENDED FOR THE EXCLUSIVE USE OF BUSINESSES, PRINCIPALS OF THOSE BUSINESSES, AND GUARANTORS OF SUCH BUSINESSES UNDERTAKINGS. THIS IS NOT INTENDED FOR CONSUMER AND/OR PERSONAL USE. BY USING THE WEBSITE, TRANSACTING WITH US THROUGH THIS WEBSITE AND OUR OFFERINGS THROUGH THIS WEBSITE, YOU UNDERSTAND THAT THESE ARE BUSINESS TRANSACTIONS, AND NOT CONSUMER TRANSACTIONS.

Access Credentials.

You and your business are solely responsible for any activity by any user of your access credentials to this Website and its portal. You may not share or disclose access credentials to a third party. You will immediately notify us if you or any person in your business that had such credentials (i) is either no longer with the business and with no further need to access the portal, or (ii) has changed roles in the business such that access is no longer consistent or needed for the new business roles.

You will immediately notify us if your or your business’ access to our portal is compromised or misused or disclosed to any third party in violation of these Terms.

Geographic Restrictions

We offer our products services only to businesses located in the United States. We make no representations that content and materials on the Website or our products and services are legal or appropriate for use from outside the United States nor do we represent that our Privacy Policy is consistent with requirements outside the United States. IF YOU CHOOSE TO ACCESS THE WEBSITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN RISK and are responsible for compliance with any and all local laws. You may not use the Website or our products and services in violation of U.S. export laws and regulations.

When you interact with us on this Website and through our portal, you are thereby representing to us that you are an authorized representative of your business, and we have the right to rely on this representation of authorization in all our transactions with you and your business.

2. OWNERSHIP RIGHTS
The Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, applications forms and processes, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Website “AS IS” for your information and use solely in relation to your business’s interaction with us. Except as expressly provided in these Terms, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for the purpose of exploring or entering into a transaction with us on behalf of your business. We reserve all rights not expressly granted to you in and to the Website, the Content, and the Marks.
3. ACCESS AND USE OF WEBSITE(S)

MMP CAPITAL reserves the right, at its sole discretion, to restrict in whole or in part, your access and use of the Website and/or any Content at any time with or without notice for any or no reason. Without limiting the foregoing, if you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your right to continue to access and use this Website (or any portion thereof), and the same may be a default of your obligations to us under your transactions with us.

If there is an issue with access to this Website and/or the security of your personal information provided to us through this Website, we may notify you of the same by posting such notice here, or by an email sent to the last known email address you provided to us and/or on behalf of your company.

A. MMP may link to other sites that may be useful to the user.

B. Third party Content is not controlled by MMP 

C. MMP makes no claims or representations and accepts no responsibility for the quality, offering, content nature or reliability etc. 

D. Opinions etc. made or expressed by third parties are those of the respective authors and do not represent MMP Capital. 

E. MMP does not guarantee the merchantability for any purpose of third-party content. 

F. When leaving the Website user should be aware of the third-party terms and conditions, policies, etc.

G. Additional disclaimers listed below.

This Website is hosted a third party provider of hosting services. At present, the Website is hosted by Go Daddy. We reserve the right to change the host; and if we do, we will post information on this page regarding the new host. You can review Go Daddy’s Terms of Use and Privacy Policy by clicking here. By using this Website and submitting applications to us and/or transacting business with us through this Website, you are also agreeing to the Terms of Use and Privacy Policy of Go Daddy.

We use third parties to administer this Website for us, and to help deliver and manage our Content and to receive and process your submissions to us. These third parties will not use your information other than as our service providers. We have contracted with such third parties to restrict their use accordingly.

5. USE OF INFORMATION; THIRD PARTY SERVICE PROVIDERS AND HOSTS
A. Information or content communicated by you to us as a contribution to any of the Website IS A SUBMISSION, will upon receipt be immediately and forever the property of MMP CAPITAL. This includes without limitation all information you provide to us on behalf of yourself and your business in any application or transaction with us. You represent and covenant that all information you provide to us about you and your business are and at all times shall remain true, complete and accurate, with no material omissions therefrom. Without limiting the foregoing, in submitting to us an application through this portal, you warrant and covenant to us that your business has not suffered a data breach in the last three (3) years..B. Not required to treat submission as confidential.   C. Will not be liable for the use of any ideas (including without limitation, product, service, or advertising ideas) D.  Will not incur any liability because of any similarities that may appear in our future products, services or operations.  E. Shall have the right to use any content contained in any Submission for posting on any social media it so desires without acknowledging the source of that Submission. F. Will have exclusive ownership without limitation of all present and future existing rights to Submissions.  G. Acknowledgments to the above bullet points  This Website is hosted a third party provider of hosting services.  At present, the Website is hosted by Go Daddy.  We reserve the right to change the host; and if we do, we will post information on this page regarding the new host.  You can review Go Daddy’s Terms of Use and Privacy Policy by clicking here.  By using this Website and submitting applications to us and/or transacting business with us through this Website, you are also agreeing to the Terms of Use and Privacy Policy of Go Daddy. We use third parties to administer this Website for us, and to help deliver and manage our Content and to receive and process your submissions to us.  These third parties will not use your information other than as our service providers.    We have contracted with such third parties to restrict their use accordingly.
6. USER CONTENT EXCEPT SECTION 5 ABOVE

You may use this Website to submit your application for a business transaction with us, to check the status of those applications and/or transactions and/or to make or respond to inquiries from us. You and your business are jointly and severally responsible for all submissions to us through the Website.

As a user of the Website, you agree not to:

  1. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory.
  2. Trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive information such as personal information or other users’ business information.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
  4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website or any other user.
  5. Use any information obtained from the Website in order to harass, abuse, or harm another person.
  6. Make improper use of our support services or submit false reports of abuse or misconduct.
  7. Use the Website in a manner inconsistent with any applicable federal, state or local laws or regulations relating to this Website, our business and/or your transactions with us
  8. Use the Website to advertise or offer to sell goods and services.
  9. Engage in unauthorized framing of or linking to the Website.
  10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website and/or our systems that may link to the Website.
  11. Engage in any automated use of our Website and/or systems, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  12. Delete the copyright or other proprietary rights notice from any Content.
  13. Attempt to impersonate another user or person or use the username of another user.
  14. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  15. Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
  16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website.
  17. Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website or our systems.
  18. Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  19. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
  20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
  21. Use a third party to undertake transactions on behalf of you or your business.
  22. Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user profiles by automated means or under false pretenses.
  23. Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
  24. Disguise the origin of user content transmitted through the Website.
  25. Misrepresent any affiliation with another person or organization, etc.
  26. You will not use the Website to harm minors in any way etc.
  27. Submit, post, upload, e-mail etc. transmit any unsolicited or unauthorized advertising, of any kind etc. 
  28. Post service for software site etc. digital virus, corrupted files etc. that will affect our site or its functionality etc. 
  29. Modify in any way any specifications, technology, or application codes provided to you by MMP or as embedded in the Content 
  30. Violate any applicable local, state, national or international law.
  31. Share or transfer passwords or other access credentials to our site and/or to your portal into our systems; and in all cases, you are jointly and several liable with your business for all use and activities of and under your access credentials.
  32. Use the Website, Website Content or submit any executable file that could, in any way harm MMP or other users of the Website.
  33. Use the Website in any manner that could overburden or impair the Website (or the networks or systems connected to the Website).
  34. Use any device, software or instrumentality to interfere with the proper working of our Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
7. COMPLIANCE WITH LAWS
– At all times hereunder, and the course of your transactions with us, you and your business will at all times comply with all applicable Federal and State and local laws, rules, regulations, and executive and/or administrative orders.  
7A. LIMITED TME TO BRING CLAIM

To the fullest extent allowed by law, if you or your business have a claim against us regarding the use of this Website or any claims arising from or related to this Website, you expressly agree that your and your business’ right to assert any such claim shall be limited by an agreed period of limitation of one year from the date of the event giving rise to the subject claim occurred, or with reasonable care, should have been discovered.

8.LINKS

THIRD-PARTY WEBSITE AND CONTENT

The Website may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us; and to the fullest extent allowed by law, we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you and your business do so at your and its own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases that are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you hereby agree to indemnify and hold us harmless from any harm caused by your purchase of such products or services. Additionally, you hereby agree to hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

EMPLOYMENT OPPORTUNITIES

We may post on this Website information about employment opportunities with MMP.  Please do not use this Website to submit any content in response to such a posting.  Instead contact Gina Stallone at gstallone@mmpcapital.com if you are interested in the posted position.

USER CONTENT

When you submit an application for a transaction with us, and all transaction related materials, you do so in the contemplation and/or fulfillment of a business to business transaction with us.  Those submissions and all information related thereto, to your business and/or to you as a principal or authorized representative of the business, you expressly acknowledge hereby that the information therein contained then becomes and all times thereafter remains our confidential and/or proprietary information. 

We reserve the right to disclose your information regarding your application for or transaction with us to our lawyers, accountants and other professionals.  Further, we may sell assign, or transfer your individual transaction(s) with us, our business and this Website and/or our interest herein or therein to a third party.  In doing so, we will transfer to, and the third party will acquire, your content, applications, etc.  These assignees may then contact you regarding your obligations to them as our successor in interest.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Website for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

PRIVACY POLICY

Please review our Privacy Policy. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Website is hosted in the United States. If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Website, you are voluntarily transferring your data to the United States, and you agree to have your data transferred to and processed by us in the United States.  If you do not agree, do not use this Website.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU SUBMITTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your use of this Website for any reason, you are prohibited from using a third party’s device or access credentials to access this Website. In addition to terminating or suspending your right to access this Website, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and your use of the Website are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

DISPUTE RESOLUTION

By accessing the Website, you agree that all disputes and claims arising out of or relating to the Website, the Website Content, these Terms and Conditions and the Privacy Policy, including, without limitation tort claims, shall be governed by the laws of the State of New York, U.S.A., without giving effect to its conflict of laws provisions, except that all claims with respect to copyrights and patents shall be governed by United States federal laws. You acknowledge and agree that MMP has the right to seek injunctive relief (including preliminary and temporary relief) to protect its proprietary rights or to prevent any unauthorized use of the Website and/or the Website Content, without the posting of any bond or proof of any actual damages. You agree that the sole jurisdiction and venue for resolving all claims and disputes is in the state and federal courts in the State of New York, U.S.A,, located in the Southern District of New York and/or Nassau County, New York and you hereby waive any defenses of inconvenient forum or lack of personal jurisdiction. YOU AND WE EXPRESSLY HEREBY AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO WAIVE THE RIGHT TO A TRIAL BY JURY.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms.

RESTRICTIONS

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and © any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

DISCLAIMER

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR AND YOUR BUSINESS’ SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR AND YOUR BUSINESS’ USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU, YOUR BUSINESS OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU AND YOUR BUSINESSS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU  AND YOUR BUSINESS TO US OR $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You, on your own behalf and on behalf of your business, agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, members, managers, shareholders, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms; (3) any breach of your or your business’ representations and warranties set forth in these Terms and/or in your submissions to us through this Website; (4) your or your business’ violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your or your business’ expense, to assume the exclusive defense and control of any matter for which you or your business are required to indemnify us, and you, on behalf of yourself and your business, agree to cooperate, at your and your business’ expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you and/or your business transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website and to fulfill and/or enforce our transactions with you and your business. See our Privacy Policy for more information about the type of User Data we collect, transmit, store and process. Although we perform regular routine backups of data, you and your business are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. To the fullest extent allowed by law, you agree that we shall have no liability to you for any loss of any such data, and you hereby waive any right of action against us arising from any such loss of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You, on behalf of yourself and your business, consent to receive electronic communications, and you, on behalf of yourself and your business,  agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE, ON BEHALF OF YOURSELF AND YOUR BUSINESS,  TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You, on behalf of yourself and your business, hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 9525210 or (916) 4451254.  While we do not believe that we are subject to the California Consumer Privacy Act and/or any other similar privacy legislation intended to protect the interests of consumers, we will to the extent possible honor requests for information regarding data we collect about you, to correct that information and not to sell that information except if we sell your business’ transaction with us or we sell our company or its assets in an onward transfer.  However, we may not, by law, be permitted to honor any requests to be forgotten given the nature of our transactions.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Website or in respect to the Website, including our Privacy Policy, constitute the entire agreement and understanding between and among you, your business and us regarding this Website and your access to and use of the Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including fire, Act of God, war, civil unrest, weather, or otherwise. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Website. You agree on behalf of yourself and your business that these Terms will not be construed against us by virtue of having drafted them. You, on behalf of yourself and your business, hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

CONTACT US 

In order to resolve a complaint regarding the Website or to receive further information regarding the use of the Website, please contact us at: support@mmpcapital.com.