Through your access to and interaction with the MoolaPitch.com Site, you acknowledge and agree to all of the terms in this Agreement. This acknowledgement and agreement extend to you as an individual and as a representative of your organization or company, if applicable. You are not permitted to use the Site if you do not agree to these terms. All pronouns used in this agreement refer to your use in any capacity as well as you individually.
EQUITY FOR BUSINESS INC’s RIGHTS IN THE SITE AND CONTENT
This Site and its images are owned by EFB. All content is owned either by EFB or third party providers. Use of this Site conveys no ownership, license or other rights in the Site, Site images and/or content. EFB reserves all rights in MoolaPitch, MoolaPitch.com, the MoolaPitch.com logo, as well as other trademarks, service marks, and the trade dress of this Site whether held by registered and/or common law trademarks or intellectual property rights of EFB. EFB reserves all rights not expressly granted. You agree to comply with trademark and copyright law, agree that all Site content is owned by EFB or third party providers and agree not to assert rights in that content.
EFB makes no representations, warranties, or guarantees as to the truth, accuracy, suitability, quality or completeness of any information or material contained on the Site including without limitation Site, issuer and third party content. Links to other websites controlled by third parties may be provided on the Site. EFB neither endorses these websites nor suggests that they are affiliates. Such links are provided as a convenience and EFB is not responsible for their content or services. Any access to third party websites through the Site is entirely at your own risk.
The Site and any information, content or material contained on the Site is provided to you on an “as is” and “as available” basis. All warranties, conditions and representations, whether implied, express, statutory or otherwise, including any implied warranty of any kind, non-infringement of third party rights or fitness for a particular purpose, are hereby disclaimed. Any content or material downloaded or otherwise obtained through the use of this Site is done at your own risk and discretion and you will be solely responsible for the loss of any data or any damage to your computer system that results from the download of such material. EFB provides no warranty that the Site will be available on a continuous or uninterrupted basis, that the Site will operate on an error free basis, and/or that the Site and the content thereon are free of viruses or error free. EFB makes no representation as regards the results that may be obtained from the use of the Site; the accuracy, reliability, availability, timeliness, or content of the site; and/or any information or other content provided by the Site.
You agree to defend, indemnify, and hold EFB, its officers, directors, employees, owners, issuers, service providers and investors harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses without removing your indemnification obligation. You are prohibited from settling any legal or civil action that imposes any obligation or liability on EFB.
To the fullest extent permitted by law, in no event will EFB, its directors, employees, partners, issuers, investors, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use of the Site; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site. In no event shall EFB’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
If the Site proves to be unsatisfactory to you as the user, your remedy is to stop using the Site.
EFB reserves the right to edit or remove any materials posted to the Site at its sole discretion. You represent and warrant that material submitted to EFB for the Site will not infringe on copyrights or trademarks of third parties, that you have right in or permission to use all materials that are submitted, and that such materials are not in violation of applicable legal jurisdictions.
EFB maintains the sole right, and you recognize that right, to change, modify or delete any and all content on the Site without liability to the party submitting such content. Furthermore, you recognize that EFB has the authority to bar any users from use of the Site without notice for any and all reasons without recourse or liability for such action from you or any third parties.
EFB reserves the right to monitor any and all use of the Site in its discretion. However, unless required by law, EFB does not have any obligation to you to conduct such monitoring or to take any action based on any monitoring that may be conducted.
These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, notwithstanding its conflicts of law rules or those of any jurisdiction to the contrary. In the event of any and all claims or disputes between you and EFB relating to the Site or these Terms (specifically including but not limited to any claims or disputes concerning or arising under the interpretation, binding effect, or applicability of this arbitration provision), you hereby agree to attempt in good faith to amicably resolve such claim or dispute at least 30 days before instituting and legal proceeding. Absent a resolution, such claim or dispute now or at any time hereafter arising or made by you against EFB or MoolaPitch.com shall be resolved by confidential mandatory binding arbitration pursuant to the rules of the American Arbitration Association (“AAA”) in Madison, before a single arbitrator to be selected by AAA who shall be a practicing attorney in south-central Wisconsin knowledgeable in business law matters. You hereby irrevocably consent to subject matter and personal jurisdiction before AAA. You covenant that under no conditions will you file any action at law against EFB or bring any claim in any forum other than before AAA, and you agree that any litigation, if filed, shall be immediately dismissed upon application and shall be referred for arbitration hereunder with costs and attorney’s fees to the prevailing party. Any dispute concerning situs shall be determined by AAA. Any cause of action you may have with respect to EFB, the Site, its Content, or these Terms must be commenced within one (1) year after the claim or cause of action arises, or else it shall be barred.
In the event that any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with the applicable law as closely as possible to reflect the parties’ original intent; the remainder of these Terms shall remain in full force and effect, unchanged. The paragraph headings herein are provided for reference and shall have no effect on the construction or interpretation of these Terms. You may not assign these Terms, by operation of law or otherwise, without EFB’s prior written consent; EFB may assign its rights and obligations hereunder without your consent. These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EFB as a result of this agreement or your use of the Site. EFB’s failure to enforce any provision of these Terms will not constitute a waiver of EFB’s right to subsequently enforce such provision or any other provision of these Terms.
Equity For Business Inc. may alter these Terms at any time, so please review them each time you visit our Site. Changes are effective immediately upon posting for any interaction with our Site. These Terms contain the entire agreement of the parties for the Site and all content and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.