Effective Date: 13 June 2021
“MC” references Marketcap Consulting, LLC;
“Service” or “Services” refers to any service shown below, which MC may offer from the Site.
“User”, “You”, “Your” and “Customer” refers to the person who is accessing for taking any service from MC. User shall include the company, partnership, person, body corporate or association taking services of this Site;
”Site” means https://www.marketcapconsulting.com;
“Communication” shall mean and include any text or images, either on the Site or in other forms (emails, etc.) which are intended, directly or indirectly, to sell services.
Parties: Collectively, the parties to this Agreement (MC and You) will be referred to as Parties.
ASSENT & ACCEPTANCE
By using the Site, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Site immediately. MC only agrees to provide the users of this Site and Services to you if you assent to this Agreement.
MC provides this Site to describe MC’s business purpose and provide means to contact MC for potential business relationships.
You must be at least 18 years of age to use this Site or any Services contained herein. By using this Site, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. MC assumes no responsibility or liability for any misrepresentation of your age.
MC does not guarantee the accuracy, completeness, validity, or timeliness of information listed.
MC may make material changes to this Agreement from time to time, and may notify you either by prominently posting a notice of such changes or via email communication.
The Site is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used for your private, personal, non-commercial use, subject to all the terms of this Agreement.
You agree that the Site and all Services provided by MC are the property of MC, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("MC IP"). You agree that MC owns all right, titles, and interests in and to MC IP and that you will not use MC’s IP for any unlawful or infringing purpose. You agree not to reproduce or distribute MC’s IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from MC.
a) To make the Site and Services available to you, you hereby grant MC a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Site ("Your Content"). MC claims no further proprietary rights in your Content.
b) If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another user, please contact MC.
You agree not to use the Site or Services for any unlawful purpose or any purpose prohibited under this Agreement. You agree not to use the Site or Services in any way that could damage the Site, Services, or general business of MC.
You further agree not to use the Site or Services to:
harass, abuse, or threaten others or otherwise violate any person's legal rights;
violate any of MC’s intellectual property rights or any third party;
upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
perpetrate any fraud;
engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
publish or distribute any obscene or defamatory material;
publish or distribute any material that incites violence, hate, or discrimination towards any group;
unlawfully gather information about others.
ASSUMPTION OF RISK
The Site and Services are provided for communication purposes only. You acknowledge and agree that any information posted on this Site is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and MC. MC does not assume responsibility or liability for any advice or other information given on the Site.
REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Site or Services;
b) Violate the security of the Site or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
You agree to defend and indemnify MC and hold MC harmless against all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Site or Services, your breach of this Agreement, or your conduct or actions. You agree that MC shall be able to select its legal counsel and may participate in its defense.
EXCLUSION OF LIABILITY
You understand and agree that MC (A) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by MC or any third parties; and (B) shall not be responsible for any materials posted by MC or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided byMCor any third party.
Further, MC shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the Site including loss of data or information or any kind of financial or physical loss or damage.
In no event shall MC, nor its Owner, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not MC has been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
You are strictly prohibited from using the Site for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
THIRD-PARTY LINKS & CONTENT
MC may occasionally post links to third-party websites or other services. You agree that MC is not responsible for any loss or damage caused as a result of your use of any third-party services linked to the Site.
MODIFICATION & VARIATION
MC may from time to time and at any time without notice to you, modify this Agreement. You agree that MC has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Site and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
This Agreement constitutes the entire understanding between the Parties concerning all use of this Site. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Site.
MC may need to interrupt your access to the Site to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Site may be affected by unanticipated or unscheduled downtime, for any reason, but that MC will have no liability for any damage or loss caused as a result of such downtime.
TERM, TERMINATION & SUSPENSION
MC may terminate this Agreement with you at any time for any reason, with or without cause. MC specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of MC or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If you have registered for an account with MC, You may also terminate this Agreement at any time by contacting MC and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that your use of the Site and Services is at your sole and exclusive risk and that any Services provided by MC are on an "As Is" basis. MC hereby disclaims all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose- and the implied warranty of merchantability. MC makes no warranties that the Site or Services will meet your needs or that the Site or Services will be uninterrupted, error-free, or secure. MC also makes no warranties as to the reliability or accuracy of any information on the Site or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data from your use of the Site or Services is your sole responsibility and that MC is not liable for any such damage or loss.
LIMITATION ON LIABILITY
MC is not liable for any damages that may occur to you as a result of your use of the Site or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed under the laws of the United States of America and the State of Ohio without giving effect to any principles of conflicts of law. The Courts of the State of Ohio shall have exclusive jurisdiction over any dispute arising from the use of the Site.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by MC, the rights and liabilities of MC will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: If MC fails to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: MC is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email MC at the following address: email@example.com.