Terms & Conditions
(Monthly Payment)
1AGREEMENT
MultyDeals, LLC, with its principal place of business located at 2040 S Alma School Rd, Chandler, AZ 85286 (“MULTYDEALS”) agrees to furnish to the client (“Client”) defined in its signed Order Form (“Order Form”) and the Client agrees to subscribe to and license from MULTYDEALS, certain software, data and/or other services (collectively, the “Service”) described in the Order Form.
2SCOPE OF LICENSE
Client’s license to use the Service is non-exclusive and non-transferable. This license is for use only by the specified number of named employees of the Client (“Authorized Users”) and in the authorized departments, if applicable, unless otherwise provided in the Order Form. Client will make no representations or warranties to any third-party based upon the Service, nor will Client transfer or purport to transfer or assign any rights in the Service or any portion thereof to any third-party.
3AUTHORIZED USERS
To use this Service, Authorized Users must be registered and receive passwords. Client is responsible for maintaining the confidentiality of its passwords. Client is fully liable for all use of the Service under its passwords, including any use by a user not authorized by Client who accesses the Service using Client’s passwords. MULTYDEALS may terminate a password and require a new password if it believes that the password is being used without authorization or contrary to the Agreement. Client agrees to promptly notify MULTYDEALS of any unauthorized use of its passwords or other breach of security. Client is solely responsible for providing and maintaining any and all computer and telecommunications equipment required to access the Service.
4BETA TESTING, EVALUATION AND DEMONSTRATION USE ‘Trial Use’
If Client has received access to the Service for trial or evaluation purposes or has been provided access to the Service for demonstration or beta testing purposes, Client is permitted to use the Service for beta testing, trial, evaluation, or demonstration (i.e., non-production) purposes only for fourteen (14) calendar days unless a longer period is specified in an Order Form or other document approved in writing by MULTYDEALS. Trial Use of the MultyDeals application excludes commercial use. Use of the trial license for commercial purposes subjects the User to the then-current annual license fee. Client may provide suggestions for changes or enhancements to the Services, which MULTYDEALS may accept or reject in its sole discretion. The Service may contain an automatic disabling mechanism that prevents its use beyond the permitted beta testing, trial, evaluation, or demonstration period. Access to and use of the Software for beta testing, trial, evaluation, or demonstration purposes is entirely at Client’s own risk. IF THE SERVICE IS PROVIDED FOR BETA-TESTING, TRIAL, EVALUATION OR DEMONSTRATION PURPOSES, THE SERVICE IS PROVIDED “AS IS”, FREE OF CHARGE AND ANY WARRANTY IN SECTION 11 and OBLIGATIONS IN 14(a) OF THIS AGREEMENT WILL NOT APPLY. If Client has a paid subscription for the Service, then this section does not apply.
5EDUCATIONAL USE
If Client has been granted access to the Service for educational purposes directly related to Client’s academic coursework, Client represents that Client is a student or teaching professional in an academic program in which the Service is being or will be used (“Educational Purpose”) and agrees to use the Service and information, data or work product derived from the Service solely for the Educational Purpose and not for any commercial purpose. Upon completion of Client’s applicable academic coursework, Client shall cease to have access to the Service and shall return or destroy data derived from the Service together with all copies and all documentation and related materials.
Client shall not directly or indirectly, (i) use the Service or information, data or work product derived from the Service for any purpose other than the Educational Purpose, (ii) sell, assign, lease, sublicense, disclose, grant access to, or otherwise transfer the Service or information, data or work product derived from the Service or any copy thereof to any other party, (iii) reverse engineer, modify or create derivative works of the Service, or (iv) use the Service or data, information or work product derived from the Service in connection with third party products or services or in any way that would compete with the Service. Client agrees that the use of the Service and data, information or work product derived from the Service is subject to all of the restrictions, limitations and obligations contained in these Terms of Use. MULTYDEALS may, in its sole discretion terminate Client’s access to the Service without notice. NOTWITHSTANDING THE FOREGOING, IF CLIENT HAS BEEN GRANTED A LICENSE SOLELY FOR USE OF THE SERVICE FOR EDUCATIONAL PURPOSE, THE SERVICE IS PROVIDED “AS IS”, FREE OF CHARGE AND MULTYDEALS’S INDEMNIFICATION OBLIGATIONS IN SECTION 14 SHALL NOT APPLY. ALL OTHER TERMS OF THIS AGREEMENT APPLY.
Client shall obtain no intellectual property ownership regarding the Service or data, information or work product derived from the Service and hereby assigns to MULTYDEALS any enhancements of the Service generated in the course of Client’s academic coursework.
Client acknowledges and agrees that the Service and documentation and related materials are confidential information of MULTYDEALS. Client shall use such confidential information solely for the Educational Purpose and shall protect such confidential information by using the same degree of care to prevent disclosure of Client’s own similar information but in any event shall use no less than a reasonable degree of care.
MULTYDEALS will be given full credit and acknowledgement for the support provided to Client in any publications resulting from the Educational Purpose.
6TERM AND TERMINATION
If Client signs up for the “Monthly” plan, the Term of this Agreement begins on the date of Order Form submission and automatically renews on a month-to-month basis at the then prevailing Fees until Client or MULTYDEALS terminates this Agreement. If Client signs up for the Service that has a term of longer than one month, the Term of this Agreement begins on Order Form submission and continues for the period stated in the Order Form and automatically renews subject to the then prevailing Fees unless Client gives a notice of non-renewal at least thirty (30) days prior to expiration of the initial term or then-current renewal term, as applicable. Except as expressly set forth below, if Client terminates this Agreement, the termination will become effective at the end of the then current Term.
Notwithstanding the foregoing, either party may terminate this Agreement at any time upon written notice in the event that the other party has materially violated any of the provisions of this Agreement. In addition, MULTYDEALS may terminate the Agreement on the occurrence of any of the following:
(a) Client fails to pay any fees payable to MULTYDEALS by Client set forth hereunder or in the Order Form;
(b) Client attempts to transfer this Agreement (or any rights or licenses under this Agreement) to any third-party in violation of Section 17 (Assignment) below;
(c) Client’s use of the Service exceeds the permitted uses set forth in this Agreement or Order Form; or
(d) Client is the subject of any proceeding relating to insolvency, bankruptcy, receivership, liquidation, or composition for the benefit of creditors.
7FEES & REFUNDS
The Fees for the Service are stated in the Order Form. MULTYDEALS may not increase the fees during your initial term but may increase its fees for any renewal term. Any discounts described in the Order Form are for the initial term only unless otherwise stated.
Fees are stated and must be paid in United States Dollars. The stated Fees do not include any sales, use, VAT or like taxes (“Sales Tax”). Client must pay any applicable Sales Tax that MULTYDEALS is required to collect from you under applicable law. MULTYDEALS reserves the right to charge Sales Tax on or after the first day of each billing cycle.
Unless Client has made other arrangements with MULTYDEALS, Client must authorize and maintain a current valid means for MULTYDEALS to collect the Fees for the Service at all times during the Term. MULTYDEALS may charge the Fees on or after the first day of each billing cycle. If MULTYDEALS agrees to accept payments against invoices, MULTYDEALS may invoice the Fees at the times stated in this subsection. Invoiced fees are due upon receipt from invoice date unless otherwise agreed by MULTYDEALS in writing.
MULTYDEALS may suspend or terminate the Service or Agreement if Client’s payment is overdue, including if a charge to Client’s payment card or account is rejected. MULTYDEALS may charge interest on overdue amounts at 1.5% per month. If MULTYDEALS takes legal action to collect an overdue amount, Client must also pay MULTYDEALS’s reasonable costs of collection, such as attorney fees and court costs.
REFUNDS WILL NOT BE PROVIDED FOR ANY SERVICE OR PLAN. WE DO NOT PROVIDE CREDIT, REFUNDS OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH OR DURING THE TERM. In such a circumstance, Client will continue to have access to the Service until the end of the initial or renewal term, as applicable. Please note that Client must cancel this Agreement in accordance with Section 6 of this Agreement in order to avoid being charged the Fees for the next Term.
8OWNERSHIP OF DATA; RESTRICTIONS
MULTYDEALS owns all right, title and interest, including all intellectual property rights, in and to the Service and related documentation, any aggregated and anonymised data related to Client’s use of the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client relating to the Service and Client assigns and agrees to assign any and all rights therein to MULTYDEALS. The Service constitutes valuable commercial property and trade secrets of MULTYDEALS or its third-party information providers. Client will not claim any ownership interest in, or right to use, the Service except as provided herein, nor will it contest MULTYDEALS’s ownership rights. Client further agrees that MULTYDEALS or the third-party information providers will maintain exclusive ownership and rights (including the copyright) in the Service and that this Agreement will not be construed to vest in the Client any rights with respect to the Service except to use it for its own internal purposes during the term of this Agreement. Client will treat all aspects of the Service and any information obtained therefrom as confidential Client will not (i) adapt, reverse engineer, decompile or disassemble any portion of the Service or otherwise attempt to derive its source code; (ii) remove any identification markings, including but not limited to copyright notices and trademarks, from the Service, or (iii) make any modification, enhancement, or derivative work of the Service, or incorporate the Service, or any portion thereof, into or with any other software. Client represents, warrants, and covenants that it owns or otherwise has all rights, licenses, permissions, and approvals necessary to make the assignment described above, to provide the consents described in Section 11, and to perform all of its other obligations hereunder.
9SECURITY
Each party shall implement commercially reasonable security measures designed to meet the following objectives: (a) ensure the security and confidentiality of Confidential Information; (b) protect against any reasonably anticipated threats or hazards to the security or integrity of Confidential Information; and (c) protect against unauthorized access to or use of the Confidential Information. The parties will cooperate fully with each other regarding efforts to monitor compliance with this Agreement, including for example providing upon request and at no cost, copies of audits, test results, or equivalent measure of the party’s efforts to protect the Confidential Information. MULTYDEALS shall not intentionally introduce and will use reasonable safeguards consistent with industry standards to prevent third parties from introducing into the Service any trojan horses, viruses, worms, time bombs or trap doors designed to disrupt, disable, harm, or otherwise impede the operation of the Service or to corrupt or damage Client’s data, storage media, programs, or equipment.
10 SUPPORT
MULTYDEALS will provide commercially reasonable email support from 8:30 A.M. to 6:00 P.M. EST daily. Unless otherwise provided in the Order Form, MULTYDEALS will provide telephonic training in use of the Service as required by Client. Additional training may be agreed upon in a separate Order Form. MULTYDEALS shall provide reasonable disaster recovery and backup capabilities consistent with industry standards to minimize disruptions or delays in providing the Service.
To provide certain services (“Support Services”) requested by Client, MULTYDEALS may engage outside consultants (“Consultants”) who will have access to User Data and Confidential Information. In certain circumstances, Consultants may communicate with Client directly. All Consultants are bound by written agreement to maintain industry standard data security safeguards and to nondisclosure obligations consistent with this Agreement. By requesting or using those Support Services, Client agrees that MULTYDEALS may disclose User Data or Confidential Information required to provide the requested Support Services to Client and that MULTYDEALS will not be responsible for any losses of User Data, breaches of confidentiality or other liability arising from acts or omissions of the Consultants.
11PERFORMANCE; LIMITATIONS OF LIABILITY
MULTYDEALS will use commercially reasonable efforts to prepare and provide the Service in accordance with the technical documentation supplied therewith but shall not be liable for any inability to provide such Service when caused by any event, condition, or circumstance beyond MULTYDEALS’s or any third-party information providers’ reasonable control. Client is aware that the foregoing includes, but is not limited to, possible data deficiencies such as inconsistency, incompleteness, sparseness, or untimeliness of data. Client acknowledges that MULTYDEALS’s ability to deliver the Service may be dependent, in part, on the Client’s ability to deliver to MULTYDEALS certain proprietary information and commentary which the Client may want included in the Service. Any and all such information and commentary uploaded, transmitted, stored, or otherwise provided by or on behalf of the Client (including by any Authorized Users) in connection with Client’s use of the Service is referred to collectively as “User Data”). Client further acknowledges that similar data may come from multiple third-party information providers and that MULTYDEALS applies MULTYDEALS’s decision to the use of specific data from one source versus another. Client is solely responsible for obtaining, installing, maintaining, and operating, at its own expense, compatible computer equipment and communications devices as required to utilize the Service meeting the minimum configuration requirements published from time to time by MULTYDEALS. In providing for the compilation of data for inclusion in the Service, MULTYDEALS and the third-party information providers rely upon sources that they believe to be accurate, but the Client acknowledges neither MULTYDEALS nor the third-party information providers will independently verify significant portions of such data.
MULTYDEALS does not warrant the Service to be free from defects or bugs or to be error-free. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, MULTYDEALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER MULTYDEALS NOR THE THIRD-PARTY INFORMATION PROVIDERS REPRESENT OR WARRANT THE ACCURACY OR ADEQUACY OF THE DATABASES OR ANY WORK PRODUCT OR PROJECTIONS BASED UPON SUCH DATABASE OR OF ANY DATA COMPILED BY MULTYDEALS OR THE THIRD-PARTY INFORMATION PROVIDERS IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER OR ANY WORK PRODUCT OR PROJECTIONS BASED UPON SUCH DATA INCLUDING ANY VALUATION PROVIDED TO THE CLIENT HEREUNDER. NO REPRESENTATION IS MADE THAT THE SERVICE WILL PRODUCE CERTAIN RESULTS. ANY ANALYSES, OPINIONS, ESTIMATES, RATINGS OR RISK CODES PROVIDED BY MULTYDEALS OR THROUGH THE SERVICE ARE PROVIDED FOR ILLUSTRATIVE PURPOSES ONLY, AND ARE NOT INTENDED TO PROVIDE, NOR SHOULD THEY BE INTERPRETED AS PROVIDING, ANY FACTS REGARDING, OR PREDICTION OR FORECAST OF, ANY PARTICULAR EVENT OR RISK. CLIENT FULLY AND KNOWINGLY ASSUMES ALL RISK THAT ANALYSIS, DATA OR OTHER RESULTS, EVALUATIONS OR CONCLUSIONS OBTAINED OR DERIVED USING THE SERVICE WILL BE ACCURATE, VALUABLE OR USEFUL. IN NO EVENT SHALL MULTYDEALS OR THE THIRD-PARTY INFORMATION PROVIDERS BE LIABLE TO CLIENT OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY CLIENT IN RELIANCE THE SERVICE.
NEITHER MULTYDEALS NOR THE THIRD-PARTY INFORMATION PROVIDERS WILL BE LIABLE FOR ANY LOSS RESULTING DIRECTLY OR INDIRECTLY FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, OR DEFECTS, WHETHER HUMAN OR MECHANICAL, OCCURRING IN THE COURSE OF FURNISHING SERVICE, EXCEPT STEMMING FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. NEITHER MULTYDEALS NOR THE THIRD-PARTY INFORMATION PROVIDERS WILL BE IN ANY WAY LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. MULTYDEALS’S LIABILITY HEREUNDER, REGARDLESS OF THE NATURE OR FORM OF CLIENT’S CLAIM, WILL BE LIMITED TO THE COST PAID OR PAYABLE BY THE CLIENT FOR THE SERVICE FOR THE THREE (3) MONTH PERIOD PRECEDING THE DATE ANY SUCH LIABILITY MAY ARISE. CLIENT FURTHER AGREES THAT NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO MULTYDEALS SERVICES MAY BE BROUGHT BY THE CLIENT MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION HAS OCCURRED.
CLIENT AGREES AND ACKNOWLEDGES THAT MULTYDEALS IS NOT AN INVESTMENT ADVISOR, A FINANCIAL ADVISOR OR A SECURITIES BROKER. THE SERVICE HAS BEEN PREPARED SOLELY FOR INFORMATIONAL AND EDUCATIONAL PURPOSES, AND IS NOT AN OFFER TO ORIGINATE, BUY OR SELL ANY MORTGAGE INSTRUMENT, TO BUY OR SELL OR A SOLICITATION OF AN OFFER TO BUY OR SELL ANY SECURITY OR INSTRUMENT OR TO PARTICIPATE IN ANY PARTICULAR TRADING STRATEGY. THE SERVICE IS INTENDED TO BE AN AID TO CLIENT’S OWN INVESTMENT PROCESS AND CLIENT’S INVESTMENT ACTIONS SHOULD BE SOLELY BASED UPON ITS OWN DECISIONS AND RESEARCH.
By executing an Order Form, registering for, and/or using any Service, Client consents to the use of User Data (including any personal data or information such as name, address, and IP address(es) contained therein), as described below. User Data may be stored, processed, and used by MULTYDEALS and its affiliates in connection with providing, maintaining, and supporting the Service (for example, to improve user experience and/or tailor user interaction with the Service), and for other related purposes. MULTYDEALS and its affiliates may share User Data with its third-party investors and business partners (and their respective affiliates) to provide products and services, and such third parties may also use User Data to provide products and services, either jointly with MULTYDEALS, with other third parties, and/or independently. MULTYDEALS and such third-party investors/business partners may also: (i) use User Data in aggregated, anonymized format for any lawful purpose; (ii) share User Data with its/their respective affiliates and successors, and third-party service providers and/or business partners, in connection with the above-described uses; and (iii) share User Data in connection with the sale, assignment, merger or other transfer of its/their respective business(es), as applicable. Such third parties will be subject to contractual confidentiality requirements.
12CONFIDENTIAL INFORMATION
Each party acknowledges that it or its employees may, in the course of performing its responsibilities under this Agreement, be exposed to or acquire information which is proprietary to or confidential to the other, its affiliated companies or third parties to whom such party has a duty of confidentiality. Any and all non-public information of any form obtained by MULTYDEALS or its employees in the performance of this Agreement shall be deemed to be confidential and proprietary information. Any and all non-public information of any form obtained by Client or its employees including, without limitation, the Service, documentation and terms of this Agreement, shall be deemed to be confidential and proprietary information. Each party agrees to hold such information in strict confidence and not to disclose such information to third parties or to use such information for any purpose whatsoever other than as contemplated by this Agreement and to advise each of its employees, agents or consultants who may be exposed to such proprietary and confidential information of their obligations to keep such information confidential. Notwithstanding the foregoing, MULTYDEALS may list Client as a client of MULTYDEALS on its website or in other material.
Confidential information shall not include information which the disclosing party can show by objective or verifiable evidence is (i) in or becomes part of the public domain other than by disclosure by a party in violation of this Agreement, (ii) demonstrably known to such party previously, (iii) independently developed by such party outside of this Agreement or (iv) rightfully obtained by such party from third parties under no known confidentiality obligation. If the receiving party is required by law to disclose confidential information, the receiving party may do so without breaching this section upon notice to the disclosing party, unless legally prohibited, and then only to the extent necessary to comply with the law. MULTYDEALS and Client understand and agree that, in the event of a breach of this section, damages may not be an adequate remedy and each party shall be entitled to seek injunctive relief to restrain any such breach, threatened or actual.
In no event shall Client utilize any findings about MULTYDEALS or the Service in any direct or indirect publication, disclosure or dissemination (written or oral) by Client or any type of comparative analysis, benchmarking, summary, surveys, business technology summaries, or other similar market assessment, report or like information concerning, referencing, describing, critiquing or evaluating services similar to those provided MULTYDEALS, except with the express written consent of MULTYDEALS in each instance.
13NON-HIRE/NON-SOLICITATION
Client agrees not to solicit to hire and/or hire or otherwise directly or indirectly solicit to retain and/or retain the services of any person who is or was during the previous six-month period an employee of or consultant to MULTYDEALS or MULTYDEALS affiliates for the period beginning with the date that this Agreement is executed and ending one year after termination of this Agreement. If Client does hire or otherwise directly or indirectly retain any such employee or consultant, MULTYDEALS may, in its sole discretion, elect to receive from Client an amount equal to forty percent (40%) of the previous year’s compensation (including bonus) for such employee or consultant. If Client retains any such employee or consultant on less than 90 days’ notice to MULTYDEALS, the amount of such payment will be sixty percent (60%) of the previous year’s compensation (including bonus) for such employee or consultant. Client agrees that these amounts are a reasonable estimate of the cost savings Client is likely to realize from hiring such employee or consultant and of the damages MULTYDEALS is likely to suffer from Client’s breach of this covenant and that they do not constitute a penalty. Nothing in the preceding sentence will be construed to negate, limit, or waive any right MULTYDEALS may have to equitable relief to prevent a violation of this provision, nor as a waiver of any contractual or other common law rights MULTYDEALS may have with its employees or consultants.
14 INDEMNIFICATION
(a) MULTYDEALS, shall, (i) at its own expense defend Client with respect to any third-party claim that the Service as used by Client in accordance with the terms of this Agreement infringes or violates any U.S. patents, copyrights, trade secrets, licenses or other proprietary rights; and (ii) pay the resulting costs and damages finally awarded against Client by a court of competent jurisdiction that are the result of the third-party claim, the amounts negotiated and agreed to by MULTYDEALS in a written settlement. The foregoing obligations are subject to the following: Client promptly providing MULTYDEALS with written notice of any claim which Client believes falls within the scope of this paragraph, Client reasonably cooperates with MultyDeals’s request for information, and Client is not in material breach of this Agreement. Client may, at its own expense, assist in such defense if it so chooses, provided that MULTYDEALS shall control such defense and all negotiations relative to the settlement of any such claim. This provision shall survive the termination of this Agreement.
(b) If the Service or any portion of the Service becomes, or in MULTYDEALS’s opinion is likely to become subject to any claim of infringement, MULTYDEALS will either (i) procure for Client the right to continue exercising its rights under this Agreement with respect to the Service; or (ii) replace or modify the Service to make it non-infringing, or if, neither (i) nor (ii) are, in MultyDeals’s sole discretion, commercially feasible, terminate this Agreement and refund to Client a pro-rated portion of the applicable fee paid for the Service, in which case Client will immediately cease all use of the Service. The provisions in Sections 14 (a) and (b) are MULTYDEALS’s sole obligation and Client’s sole remedy with respect to any infringement claim.
(c) Client will indemnify and hold MULTYDEALS and any Information Provider harmless from and against any claim, liability, loss, injury, damage, cost or expense (including attorneys’ fees) incurred by MULTYDEALS or any Information Provider to any third-party arising from any use by Client of the Service supplied pursuant to this Agreement, except as related to a claim, liability, loss, injury, damage, cost or expense (including attorneys’ fees) (i) covered by Section 14(a) above or (ii) arising out of MULTYDEALS’s gross negligence or willful misconduct. MULTYDEALS may, at its own expense, assist in such defense if it so chooses, provided that Client shall control such defense and all negotiations relative to the settlement of any such claim. MULTYDEALS shall promptly provide Client with written notice of any claim which MULTYDEALS believes falls within the scope of this section. This provision shall survive the termination of this Agreement.
15REMEDIES
In the event of a material breach or threatened material breach of any term of this Agreement that threatens any rights of MULTYDEALS or any Information Provider in the Service or the economic value of the Service, MULTYDEALS and the third-party information providers will be entitled to preliminary and permanent injunctive relief to protect such rights and interests. Nothing herein will preclude MULTYDEALS or the third-party information providers from pursuing any action or other remedy for any breach or threatened breach of this Agreement, all of which will be cumulative.
16THIRD PARTY BENEFICIARIES
Third-party information providers are intended third-party beneficiaries of this Agreement with respect to the provisions of each section in which the term appears.
17ASSIGNMENT
Neither this Agreement or Order Form, nor any rights, duties, or obligations under this Agreement or Order Form may be assigned, or otherwise transferred, by Client without the prior written consent of MULTYDEALS. In the case of an assignment by Client to any of its affiliates that are in substantially the same business as Client, MULTYDEALS’s consent will not be unreasonably withheld.
18APPLICABLE LAW
This Agreement, and any modification thereto, will be governed and construed under the laws of the State of Arizona without giving effect to the conflicts of law principles thereof. The Client agrees to the jurisdiction of the courts of the State of Arizona. If any term or condition of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining terms and conditions hereof shall not in any way be affected or be impaired thereby. Each party in any judicial action or proceeding shall be responsible for its own costs, including without limitation, filing fees, attorney’s fees, witness fees, expert fees, and travel expenses.
19SCOPE OF THE AGREEMENT
This Agreement represents the entire agreement between MULTYDEALS and the Client relating to the Services defined in the Order Form. This Agreement supersedes all prior proposals, representations, understandings, and agreements, whether oral or in writing. MULTYDEALS reserves the right, from time to time, to modify this Agreement by posting changes to the MULTYDEALS website. Client should continue to review these terms whenever using the Service. The Client’s continued use of the Service is deemed acceptance by that Client of these terms, as modified. By using the Services, the Client also agrees to and accepts the terms of MULTYDEALS’s Privacy Policy, which is incorporated by reference herein and may be found here (https://www.multydeals.ai/privacy/). This Agreement will not be valid until the Order Form is signed by a duly authorized agent of both parties. The provisions of Sections 6, 7, 8, 11, 12, 13, 14, 15, 16, 18, and 19 and all such similar terms which, by their substantive intent should survive the expiration or termination of this Agreement shall so survive.
20NOTICE
Any notice, request, demand or other communication required or permitted to be given by one party to the other under this Agreement will be sufficient and deemed to have been given if sent in writing by certified or registered mail, by hand, facsimile or overnight courier, to the party to receive the notice at its address set forth on the attached addendum or to such other address as the party to receive the notice has designated by notice to the other party.
21FORCE MAJEURE
Except for payment of fees, neither party will be liable for failure to perform its obligations during any period if performance is delayed or rendered impracticable or impossible due to circumstances beyond that party’s reasonable control.
22EXPORT
Client agrees that it will not, directly or indirectly, export or re-export, or knowingly permit the export or re-export of, the Service, or any technical information or documentation about the Service, to any country for which the United States Export Administration Act, any regulation thereunder, or any similar United States law or regulation, requires an export license or other United States government approval, unless the appropriate export license or approval has been obtained and such use is otherwise within the limits of the rights licensed to Client under this Agreement.
THIS AGREEMENT IS SUBJECT TO THE TERMS OF THE SIGNED ORDER FORM, WHICH TERMS ARE INCORPORATED HEREIN
MULTYDEALS, LLC
Last update:March 2024