Terms & Conditions | MarketConfig

Assent & Acceptance

By using this Website, the Subscriber agrees to comply with all of the terms and conditions contained herein in full. If the Subscriber doesn’t agree with any of the terms and conditions mentioned herein, the Subscriber must not use this Website.

Age Restriction

The Subscriber must be at least 18 years of age to use this Website. By using this Website, the Subscriber represents and warrants that the Subscriber is at least 18 years of age and may legally agree to this Agreement.

License to Use Website

The Company shall provide the Subscriber with certain information as a result of using this Website or its Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company and other materials that may assist the Subscriber in the use of the Website.

Subject to the terms and conditions contained herein in this Agreement, the Company authorizes the Subscriber a non-exclusive, limited, non-transferable, and revocable license to use the Company’s materials solely in connection with its use of this Website.

Intellectual Property Rights

The Company owns all rights to the intellectual property and materials contained in this Website, and all such rights, titles, and interests are reserved. The Subscriber is provided a limited license only for the purpose of viewing the material contained on this Website.

The Subscriber acknowledges that it won’t use any intellectual property in a manner that violates any laws.

Privacy Information

While using this Website, the Subscriber may provide the Company with certain information. The Subscriber also authorizes the Company to use its information in the countries where the Company may operate. For full details on how we handle your data, please review our Privacy Policy.

Subscriber Restrictions

The Subscriber is restricted from the following activities while using this Website:

(a) Platform Usage Restrictions

Publishing any Website content in any external media

Transferring usage rights or engaging in monetary transactions against the Website

Damaging the Website in any form

Using the Website in any way that affects user access

Using the Website against the laws and regulations of California

Using the Website to engage in unauthorized advertising or marketing

Extracting data or information from the Website

(h) Content & Conduct Restrictions

The Subscriber agrees not to:

Send, upload, or distribute unlawful, harmful, abusive, fraudulent, or misleading content
Transmit explicit, sexual, violent, or otherwise inappropriate material
Engage in spam, harassment, phishing, or unauthorized communications
Send messages without proper consent where required by law, including compliance with SMS and email regulations
Upload or distribute content that infringes on intellectual property, privacy, or other third-party rights
Impersonate any person or entity or misrepresent affiliation with any organization
Attempt to gain unauthorized access to accounts, systems, or data
Interfere with, disrupt, or compromise the security, integrity, or performance of the Website or Services
Reverse engineer, copy, or exploit the platform or its underlying technology
Use the platform in violation of any applicable local, state, federal, or international laws or regulations
Use the Services for any unlawful or improper purpose

The Company reserves the right, at its sole discretion, to suspend or terminate access to the Website or Services for any violation of these restrictions.

The Company provides the Website and Services as a technology platform and does not create, control, monitor, or endorse any content submitted, uploaded, or transmitted by Subscribers.

The Company shall not be responsible or liable for any content, communications, or materials generated or transmitted by Subscribers through the Website or Services.

Subscriber Content

“Subscriber Content” shall mean any audio, video, text, images, or other materials the Subscriber chooses to publish on this Website. By publishing content on this Website, the Subscriber authorizes the Company a non-exclusive, limited, non-transferable, and revocable license to use or reproduce the content in any media.

Messaging & Communications

Important — Communications Liability

The Website and Services may enable Subscribers to send communications, including but not limited to SMS, MMS, and email messages. The Company acts solely as a technology service provider and delivery mechanism for such communications and does not initiate, create, control, monitor, or determine the content, recipients, timing, or legality of any communications sent through the Website or Services.

The Subscriber is solely responsible for all communications sent through the Website or Services, including compliance with applicable laws, consent requirements, and communication regulations.

The Company shall not be responsible or liable for any claims, damages, losses, liabilities, or expenses arising out of or related to communications sent by or on behalf of the Subscriber.

Subscriber Responsibility

Any user ID and password the Subscriber may have created for this Website are confidential, and it is the Subscriber’s responsibility to safeguard their own credentials.

Data Loss

The Company is not responsible for any loss, corruption, or deletion of data, content, or communications arising from the use of the Website or Services.

Subscribers are responsible for maintaining their own backups where necessary.

Advertising Content

The Website may display advertisements for, or links to, third-party websites, products, and/or services (“Third-Party Ads”). The Company is not responsible for the availability of these Third-Party Ads or the images, content, or any other materials contained therein.

The Website and Services may rely on or integrate with third-party service providers, including but not limited to messaging services, hosting providers, payment processors, and other infrastructure providers. The Company is not responsible for the availability, performance, reliability, or practices of such third-party services.

Support

The Company shall provide support under the following circumstances:

Eligibility

Only a Website that is registered under the Company, unaltered by a third party, is eligible for support.

Term Coverage

Support during the term of the Agreement, including assistance with updates, upgrades, and bug fixes.

Query Resolution

The Company will answer queries regarding the operations of the Website, primarily via the Support Portal and secondarily via telephone and email.

Error Correction

The Company will use commercially reasonable efforts to correct any errors reported by the Subscriber and confirmed by the Company.

Response Times

The Company will use commercially reasonable efforts to respond to each reported error according to the Support Process.

No Surreptitious Code

(a) Company Warranty

The Company agrees that, to the best of its knowledge, the Website does not contain any hacking code or mechanism that collects personal information or maintains control of the system without the Subscriber’s permission, or any action which may restrict the Subscriber’s access to or use of Company Data.

(b) Subscriber Warranty

The Subscriber warrants that it will not knowingly introduce, via any means, spyware, adware, ransomware, rootkits, keyloggers, viruses, trojans, worms, or other code or mechanisms designed to permit unauthorized access to Subscriber Data, or which may restrict the Company’s access to regulate the deliverables granted to the Subscriber.

Warranties

Warranty Disclaimer

The Subscriber acknowledges and agrees that the submission of any information is at the Subscriber’s sole risk, and to the maximum extent permitted by law, the Company disclaims any and all liability to you for any loss or liability relating to such information in any way.

The Website and Services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied.

The Company makes no warranties that the Website or Service will be uninterrupted, error-free, or secure.

Termination

Subscriber Termination

The Subscriber is free to stop using this Website or Services at any time.

Company Termination

The Company reserves the right to terminate this Agreement at any time for any reason, with or without cause. The Company further reserves the right to terminate this Agreement if the Subscriber violates any of the terms outlined herein, including, but not limited to, violating the rights of the Company.

Arbitration

In the event of any dispute arising out of this Agreement, it shall be resolved by arbitration.

Arbitrator(s)

Administering Body

American Arbitration Association (AAA)

Venue & Seat

Fresno County, California

The arbitrator’s decision shall be final and binding on both Parties.

Limitation of Liability

Excluded Damages

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, or business opportunities, arising out of or related to the use of the Website or Services.

Liability Cap

In no event shall the Company’s total liability exceed the amount paid by the Subscriber, if any, for access to the Website or Services.

Indemnification

The Subscriber hereby indemnifies and holds the Company harmless from and against any and all liabilities, legal claims, demands, damages, and expenses (including reasonable attorney’s fees) arising out of or in any connection which may relate to the Subscriber’s breach of this Agreement or its use or misuse of the Website or Services.

Notices

Any notices required or permitted by this Agreement shall be in writing and delivered by certified mail or courier to the address specified by each Party.

Severability

In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or part, that part shall be severed from the remainder of this Agreement, and all other provisions shall remain in full force and effect as valid and enforceable.

Governing Law

This Agreement shall be governed by the laws of the State of California. If disputes cannot be resolved by arbitration, they shall be resolved by litigation in the courts of Fresno County, California, including the federal courts therein. The Parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available.

Entire Agreement

The Company may update or modify these Terms and Conditions at any time. Continued use of the Website or Services after such changes constitutes acceptance of the updated Terms.

Questions about these Terms?

For inquiries regarding these Terms and Conditions, please contact us.

Company

MarketConfig LLC

Address

548 Market St, PMB 920358
San Francisco, CA 94104

support@marketconfig.com

Website