Last Revised: March 5th, 2017
Please read these terms and conditions of use carefully before accessing or using this website.
1. ELECTRONIC CONTRACTING
We may, at any time and without liability or providing notice to you, modify, suspend or discontinue the Website (including its functionalities and features), either temporarily or permanently. You acknowledge that we have no express or implied obligation to provide, or continue to provide, the Website, now or in the future.
3. AGE RESTRICTIONS & INTENDED USERS
4. USE OF THE WEBSITE
By using the Website, you agree not to engage in prohibited conduct, including but not limited to the following:
- Use the Website or any of its features for any purpose or in any action in violation of any applicable local state, federal or international law or regulation;
- Take any action that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Website;
- Aggregate, copy, duplicate, publish, distribute or otherwise make available to third parties outside the Website any of the materials, including images, text, data, illustrations, designs, icons, photographs, programs, downloads, services and content (each “Content” and collectively, the “Contents”) or any other materials or information available from the Website;
- Use the Website in any manner that may infringe any intellectual property rights, rights of privacy or other rights of any third party;
- Upload, transmit, distribute, or run files that contain viruses, corrupted files, or any other similar software or programs that may alter or damage a computing device, computer network, communication network, or any of its Contents, or any other system, device or property;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological security measure in the Website;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or its Contents;
- Encourage or enable any other individual to do any of the foregoing.
We further reserve the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing.
5. LICENSE AND USE
6. RESTRICTIONS ON USE WEBSITE
All Contents that are part of the Website, and other intellectual property rights in the Website, are retained by MCF, our partners or our licensors, and are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries.
Any trademarks, logos, service marks, and product marks displayed on the Website are the registered and unregistered marks of MCF unless otherwise indicated, and are protected by U.S. and international trademark laws. All other trademarks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MCF. Any unauthorized downloading, re-transmission, or other copying or modification of trademarks and/or the contents herein may be a violation of applicable trademark and/or copyright laws and could subject the copier to legal action.
7. USER SUBMISSIONS
While we welcome your inquiries or feedback, MCF does not accept or consider unsolicited proposals. Please do not send any such unsolicited proposals.
Our Website may contain certain features that allow users like you to transmit, or submit (referred to as “Post”) comments, suggestions, feedback, ideas, comments, communications, information, or other content on or through the Website (collectively “User Submissions”).
All User Submissions will be treated as non-proprietary and non-confidential. By Posting any User Submission, you grant MCF a royalty-free, perpetual, irrevocable, world-wide, sub-licensable exclusive license to access, copy, modify, adapt, reproduce, redistribute, publish, create derivative works from, compile, arrange, display, disclose, or otherwise make use of User Submissions in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, for any purpose and in any way without due compensation to you.
8. ACCURACY OF INFORMATION
We endeavor to provide complete, accurate, up-to-date Content on our Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. Notwithstanding our best efforts, the Website may contain typographical inaccuracies, mistakes, or omissions, and some Content may not be complete or current. As a result, we do not warrant, nor are we responsible for, the accuracy, reliability, completeness, or usefulness of the Content available on or through the Website. Pictures, photographs, images, videos, and graphics on the Website are for illustration-purposes only.
9. THIRD PARTY CONTENT; LINKS
This Website may provide hyperlinks to websites outside of our control or operated by other entities (“Third Party Content”). In addition, third-party websites may be linked to this Website, with or without our consent.
YOUR USE OF OR ACCESS TO THIRD PARTY CONTENT IS AT YOUR OWN RISK. We are not liable for any Third Party Content. We neither control nor endorse, nor are we responsible for, any Third Party Content, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Content, or any intellectual property rights or other rights therein. Hyperlinks or websites incorporated via encapsulation or “iframes” on the Website do not reflect our views and we are not liable for any such Content.
YOUR USE OF THE WEBSITE AND ITS CONTENT IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. MCF AND ITS RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AFFILIATES AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE CONTENT, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE WEBSITE OR ITS CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
11. LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WE NOR THE RELATED PERSONS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE (OR INABILITY TO USE) OF THE WEBSITE, OR ANY CONTENT THEREIN. THIS IS TRUE EVEN IF WE OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN ADDITION, WE ARE NOT LIABLE FOR ANY DAMAGES, HARM, OR INJURY THAT RELATES TO, ARISES OUT OF, OR RESULTS FROM THE USE OF, ACCESS TO, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF THE MATERIAL ON THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM ACCESS OR USE OF THE WEBSITE OR CONTENT. FURTHERMORE, WE DO NOT GUARANTEE THAT THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, MCF IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE WEBSITE OR ANY CONTENT PROVIDED BY US OR ANY THIRD PARTY, OUR LIABILITY SHALL IN NO EVENT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold MCF and our Related Persons harmless from and against any and all third-party claims, demands, liabilities, costs, or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms, (ii) your use of the Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
13. INTERNATIONAL USERS
MCF makes no representations that the Website or the Content are appropriate or accessible outside the United States in all locations. Access to the Website may not be legal by certain persons in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws.
MCF and our Website is based in the United States and, regardless of where you access our Website, the information collected as part of that use will be transferred to and maintained on servers located in the United States and Canada. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Website, you consent to this collection, transfer, storage, and processing of information to and in the United States.
14. GOVERNING LAW
This Agreement shall be governed in all respects under the laws of New York, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in New York. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.
16. CONTACT INFORMATION