1. Introduction.
Scope. These Terms of Use (the “Terms” or these “Terms”) govern the use of the website www.m2mcapital.com (“Website”) operated by M2M Capital, Inc. (“M2M”, “we”, or “us”), as well as the use of any of the products, materials, information, or services that we provide through our Website (collectively, the “Service”). These Terms apply to any person who accesses or uses our Website or the Service (such person referred to hereafter as “you”). These Terms constitute a legally binding agreement between M2M and you. Please carefully read these Terms, including our Privacy Policy before you access our Website or use the Service. By accessing or using our Website or the Service, you acknowledge and agree to these Terms. If you do not agree with these Terms at any time, you must not use our Website or the Service.
Updates to the Terms. These Terms may be updated or amended by us from time to time without notice to you by our posting a revised version of the Terms in the footer of our website at www.m2mcapital.com. Any changes will be effective prospectively as of the date when the updated Terms are posted. It is your responsibility to periodically review these Terms in case of any such updates or amendments. If you do not agree to any updates or amendments, you must not continue to use our Website or the Service.
NOTICE OF BINDING ARBITRATION AND CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE OR CLAIM RELATED TO THESE TERMS, OR ARISING OUT OF YOUR ACCESS TO OR USE OF OUR WEBSITE OR THE SERVICE, MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. PLEASE SEE “DISPUTE RESOLUTION; CLASS ACTION WAIVER” SECTION BELOW.
2. Intellectual Property Rights and License.
Copyright. We, along with our corporate affiliates, and other licensors, own all of the text, information, data, materials, graphics, images, software, trademarks, service marks and other material and content contained on our Website, except User Content (collectively, “Content”) in the Service. Our Website, the Service and all Content are protected by copyright owned by M2M or licensed from applicable copyright owners. You agree not to engage in the use, copying, downloading, uploading, printing, displaying, reproduction, publication, modification, transmission or distribution of any of our Website, the Service or Content, other than as expressly permitted by these Terms or a separate agreement between you and us.
Trademarks. All trademarks, service marks, logos and trade names on our Website and the Service, registered and unregistered, are proprietary to M2M or to other applicable third parties. You may not reproduce, display or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of M2M or the appropriate owner thereof. All design rights, compilation rights, and similar intellectual property rights in and to our Website and the Service, whether registered or unregistered, and related goodwill are owned exclusively by and are proprietary to M2M or our licensors.
License. If you are copying, reproducing, transmitting or distributing any of the Content for your personal, non-commercial use, we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable license to access and use the publicly available portions of our Website, the Service and the Content therein, solely for lawful purposes and subject to your compliance with these Terms. All copyright, trademark and other proprietary rights notices contained in our Website, the Service or Content must appear on all copies you print. Other non-M2M product, service, or company designations, if any, on our Website or contained in the Service belong to those respective third parties and may be mentioned in our Website or the Service for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to our Website or the Service does not grant you any license or right to use any of the marks included on our Website or included in the Service.
No License to Source Code. You acknowledge that your license to our Website and the Service does not extend to any source code of any kind.
Reservation of Rights. All rights not expressly granted to you in these Terms or in any agreement between you and us separate from these Terms are hereby reserved by M2M.
3. Modifications to our Website or the Service.
Modifications. We reserve the right to modify or discontinue our Website or the Service, in whole or in part, at any time without providing notice to you.
Errors. The Content may contain typographical errors or other errors, inaccuracies or deficiencies, and may not be complete, accurate or up to date. We reserve the right to correct any error, deficiency, omission or inaccuracy in any Content or otherwise on our Website at any time, but we do not guarantee that any such errors, deficiencies, omissions or inaccuracies will be corrected.
4. Linked Third-Party Sites.
Third-Party Sites. Our Website may contain links to other websites or applications maintained by third parties (each a “Third-Party Site”) that we do not operate or control and for which we are not responsible. If you visit any Third-Party Site, you may be subject to that Third-Party Site’s terms and conditions, privacy policy or other policies, and any applicable local law, including any obligations relating to security, copyright, defamation, decency, secrecy, privacy, or export laws related to access to or use of such Third-Party Site and any content therein. You agree not to create a link from any website, including any website controlled by you, to our Website.
Content of Third-Party Sites. All hyperlinks provided on our Website to Third-Party Sites are provided “AS IS”. We provide these links to Third-Party Sites for your reference and convenience and do not endorse or necessarily agree with, sponsor, or make any edits to the content on such Third-Party Sites. You acknowledge and agree that M2M shall not be responsible for any content, products, services, advertising, information, availability or use of any information or other content offered on any Third-Party Site. In no event shall M2M be directly or indirectly liable to anyone for any losses or damages in connection with the creation or use of any Third-Party Site or any information or content accessed through any Third-Party Site.
Modifications. We reserve the right to add, modify, remove, or decline, without providing notice, any features or links to any Third-Party Site from our Website, or to introduce different features, functionality or links to different users of our Website.
5. Use of our Website.
Limitations on Use. You may only use our Website and the Service if you are of sufficient legal age and can enter into binding contracts. As a condition of accessing or using our Website or the Service, you agree to follow all these Terms and all applicable laws, rules and regulations, and to provide us with only truthful, complete and accurate information. In addition, you are prohibited from doing any of the following:
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all components of our Website. You further agree not to:
6. Notify Us of Infringement Claims.
If you believe any of the Content on our Website violates your copyright, please notify our copyright agent who can be reached at insights@m2mcapital.com. In order for us to take action, please include the following information in your notice: (a) your electronic or physical signature or that of the person authorized to act on your behalf; (b) a description of the copyrighted work that you believe has been infringed upon; (c) a description of where the item or material that you believe is infringing is located on our Website and include sufficient information so that we can find it; (d) your address, telephone number, and email address so we can contact you; (e) a statement by you that you have a good faith belief that the item or material that you identified and described is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
7. Privacy.
We collect information about you through our Website. By using our Website or the Service, you consent to the collection, processing and storage of your personal information as described in our Privacy Policy. Our Privacy Policy is incorporated into and made a part of these Terms by this reference.
8. Warranty Disclaimer.
Our Website, the Content and Service are provided on an "as is" and "as available" basis. M2M expressly disclaims—to the fullest extent permissible—all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
Without limiting the foregoing, neither M2M nor any of M2M’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the Content, or e-mails sent from or on behalf of M2M are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
9. You Agree to Protect Us.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR ACTIONS WHEN YOU USE OUR WEBSITE OR THE SERVICE, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS M2M AND OUR AFFILIATES, AS WELL AS OUR AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, PENALTIES, FEES, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) THAT MAY BE INCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR WEBSITE OR THE CONTENT, OR THE SERVICE, YOUR VIOLATION OF ANY OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS, OR YOUR VIOLATION OF ANY APPLICABLE LAW.
10. Our Liability is Limited.
We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the full extent permitted by applicable law, hereby expressly exclude and disclaim, and we shall not be liable for, any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to our Website, your downloading of any Content from our Website or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, indirect, special, exemplary, punitive, incidental or consequential damages or losses of any kind (including—without limitation—lost profits, lost revenues, or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of our Website or our Content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Website for stated purposes or for other purposes); or (iii) the performance or nonperformance by us, even if we have been advised of the possibility of such damages or losses to such parties or any other party. Your sole and exclusive remedy if you are dissatisfied with the Website, any Content or the Service is to discontinue your use of the Website, any such Content or the Service.
Some states or countries do not allow this limitation of liability, so the limitations above may not apply or apply only partially to you.
11. For Use in the United States Only.
Our Website and the Service are intended only for persons who are U.S. citizens or other lawful residents of the United States of America, including any of its territories or possessions (collectively, the “U.S.”), and who are located in the U.S. We do not intend to and do not offer the Services outside the U.S. We control and operate our Website and the Service from our offices in the U.S., and all information in connection therewith is processed within the U.S. We do not represent that any material on our Website are appropriate or available for use in locations other than the U.S. Those who choose to access our Website from outside the U.S. do so voluntarily and are responsible for compliance with their local laws.
12. User Content.
Our Website may contain reviews or other forums in which you can post content. If you use said interactive areas on the Website, you are solely responsible for the content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through the website (collectively, the "User Content"), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed. If you post User Content to the Website, you represent that: (i) you are the owner of the User Content; or (ii) you have the right and license to use the User Content; or (iii) the User Content is in the public domain; or (iv) to your knowledge, no one else claims ownership of, or exclusive rights to, the User Content; and (v) you have the legal right to grant a license to us to use the User Content. When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes. You authorize us to make copies as we deem necessary in order to facilitate the storage and assimilation of the User Content on the Website. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect.
You further acknowledge that we do not control the User Content and will not be, in any way, responsible or liable for such User Content. We take no responsibility for any User Content posted, stored, uploaded, distributed, transmitted or otherwise published by any user, including yours, on our Website. We assume no liability for any loss or damage to User Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity users may encounter when viewing User Content. Although we have no obligation to screen, edit or monitor any User Content, we reserve the right, and have the sole and absolute discretion to remove, edit or screen, without notice, any such User Content from our Website at any time and for any reason, including, but not limited to when we believe in good faith that such User Content is in breach of these Terms or otherwise believe the removal may be reasonably necessary to safeguard our rights or the rights of users or to mitigate any risk of harm or liability to us or any user. Further, you expressly agree not to post, upload, transmit, distribute, store, create or otherwise publish any User Content on our Website that:
13. Governing Law.
Any claim, dispute or cause of action arising from these Terms or any use of our Website, any Content or the Service (“Dispute”) shall be governed and construed in accordance with the laws of the State of New York, without reference to any conflicts of law provisions therein.
14. Dispute Resolution; Class Action Waiver.
YOUR AGREEMENT TO ARBITRATE YOUR CLAIMS. YOU SHOULD CAREFULLY REVIEW THIS SECTION 14. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO A VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS SECTION 14 AS A CONDITION OF ACCESSING OR USING OUR WEBSITE, ANY CONTENT OR THE SERVICE.
Informal Dispute Procedures. For any Dispute you have with M2M or concerning these Terms, you agree to first contact us at insights@m2mcapital.com and to attempt to resolve such Dispute informally.
Arbitration. In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and M2M agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by JAMS, and conducted before a single arbitrator, all pursuant to the JAMS Comprehensive Arbitration Rules and Procedures that are in effect at the time arbitration is initiated (the “JAMS Rules”). For more information on JAMS, the JAMS Rules, or the process for filing an arbitration claim, you may visit the JAMS website at www.jamsadr.com.
No Class Actions or Class Wide Relief. You and M2M agree to the following with respect to the arbitration of any Dispute hereunder: (a) TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST M2M IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS. ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held in the federal judicial district in which you reside, unless you and we both agree to another location or telephonic arbitration and except to the extent that you have, in any way, violated or threatened to violate any of our intellectual property rights; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual money or equitable relief or individual remedies that are in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim and that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’, experts’, and witnesses’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. An arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
Survival. This Section 14 “Dispute Resolution; Class Action Waiver” will survive termination of these Terms or termination of your right to access or use our Website or the Service for any and all Disputes you have relating in any way to the use of our Website or the Service. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein.
15. General Terms.
No Joint Venture or Agency Relationship. You agree that your use of our Website or the Service does not create any joint venture, partnership, employment or agency relationship between you and M2M.
No Implied Waiver. Any failure of M2M to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision.
Headings. All headings provided in these Terms are for convenience only and shall not affect the interpretation of these Terms.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any assignment or transfer by you shall be null and void. M2M may assign these Terms without restriction. These Terms shall inure to the benefit of and be binding upon M2M’s successors and assigns.
Interpretation. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid or inapplicable, M2M and you nevertheless agree that the court or arbitrator should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Severability. If any term or provision of these Terms is declared unlawful, void, or unenforceable for any reason by any court or arbitrator in any jurisdiction, then such term or provision will be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions in these Terms.
Entire Agreement. These Terms (including the Privacy Policy) constitute the entire agreement between you and M2M with respect to your access or use of our Website or the Service, and supersede any prior agreements or understanding between you and M2M.
Termination. We may terminate this agreement with you under these Terms at any time by notifying you in writing (which may be via email) and/or by restricting your access to our Website.
Notice. Notices to you by M2M may be made via any of the following methods: in-app messaging through our mobile app, email, or regular mail. Also, we may provide notices of changes to these Terms or other matters by displaying notices or links to notices to you on our Website.
Translation. These Terms may have been translated if we have made them available to you on our Website. You agree that the original English text shall prevail in the case of a Dispute.
16. Your Feedback.
We encourage you to share your comments and questions, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future M2M products or services. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of M2M. Furthermore, by submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
17. Contact Information.
If you have any questions about these Terms, our Privacy Policy, the Service, or our Website, please contact us at insights@m2mcapital.com.
