Terms of Use

TERMS OF USE


INTRODUCTION

BY USING THIS WEBSITE AS A GUEST OR BY REGISTERING AS A MEMBER, YOU UNDERSTAND THAT YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OUTLINED IN THESE TERMS OF USE (referred to as TERMS OF USE), AS WELL AS THE TERMS AND CONDITIONS OUTLINED IN OUR PRIVACY POLICY, ALSO AVAILABLE ON THIS WEBSITE (hereinafter referred to as PRIVACY POLICY). If you do not agree to these TERMS OF USE, please do not use this website.

This website, MarketwayCapital.com (hereinafter referred to as WEBSITE) is a service of Marketway Capital Marketing, LLC (hereinafter referred to as COMPANY or as “we”, “us”, or “ours”).

MODIFICATION

The TERMS OF USE may be modified from time to time without notice. You acknowledge and agree that it is your responsibility to review these TERMS OF USE periodically to familiarize yourself with any modifications. Please regularly check the update date at the top of this document to determine whether a change has been made. If you do not agree to changes in the TERMS OF USE, please to terminate your registration with and use of WEBSITE immediately. Your continued use of WEBSITE after such modifications will constitute your acceptance of any modified terms and conditions in the TERMS OF USE. WEBSITE can also choose to amend these TERMS OF USE either by emailing you about the amended terms, which shall take effect when we send you the email, or by displaying amended terms to you when you log in to WEBSITE, which shall take effect whenever we post them on WEBSITE.

RESPONSIBLE USE AND CONDUCT.

  • By visiting the WEBSITE and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly through third-parties (hereafter collectively referred to as RESOURCES), you agree to use the RESOURCES only for the purposes intended as permitted by (a) the terms and conditions in these TERMS OF USE, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
  • In order to access our RESOURCES, you may be required to provide certain information about yourself (such as identification, contact details, etc.), and/or to create a personal account, as part of the registration process or in order use the RESOURCES. You agree that any information you provide us will always be accurate, correct, and up to date.
  • You are responsible for maintaining the confidentiality of any login information associated with any account you may use to access our RESOURCES. Accordingly, you are responsible for all activities that occur under your account.
  • Accessing (or attempting to access) any of our RESOURCES by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our RESOURCES through any automated, unethical, or unconventional means.
  • Engaging in any activity that disrupts or interferes with our RESOURCES, including the servers and/or networks to which our RESOURCES are located or connected, is strictly prohibited.
  • Attempting to copy, duplicate, reproduce, sell, trade, or resell our RESOURCES is strictly prohibited.
  • You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  • We may provide various open communication tools on our WEBSITE, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our WEBSITE, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • Contains any type of unauthorized or unsolicited advertising;
    • Impersonates any person or entity, including any MarketwayCapital.com employees or representatives.
  • We do not assume any liability for any content posted by you or any other third-party users of our WEBSITE. However, any content posted by you using any open communication tools on our WEBSITE, provided that it doesn't violate or infringe on any third party copyrights or trademarks, becomes the property of MarketwayCapital.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use our RESOURCES. All information provided as part of our registration process is covered by our PRIVACY POLICY.
  • We have the right, at our sole discretion, to remove any content that we feel in our judgment does not comply with these TERMS OF USE, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content on the WEBSITE that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

UNAUTHORIZED USE.

  • Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of WEBSITE, including but not limited to all content, reviews, user data, forum posts, blog entries, or blog commentary, databases, services, digital products, listings, courses, events, tools or products is hereby expressly prohibited. It is further prohibited to cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly or display derivative works from materials, code or content on or from this WEBSITE.
  • This WEBSITE is not the direct source of sale for any good or services that may be purchased through this WEBSITE and nothing on this WEBSITE shall be construed as an offer from the COMPANY to directly sell anything. Any purchases made through references, advertisements, and/or links to other websites, companies and third-parties, on this WEBSITE are not conducted through this WEBSITE, and we are not involved in any transactions that are consummated between you and any of the third-parties whose goods and services are listed or advertised on our WEBSITE. We are also not responsible for, nor do we guarantee, the price, terms or performance of any of the goods or services that may be listed on the WEBSITE. You hereby knowingly and voluntarily assume all risk from using this WEBSITE to purchase goods or services indirectly through this WEBSITE.

PRIVACY.

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is available on this WEBSITE, please refer to it and carefully read the terms and conditions therein.

LIMITATION OF WARRANTIES.

  • BY USING OUR WEBSITE, YOU EXPRESSLY AGREE THAT USE OF COMPANY IS AT YOUR SOLE RISK, AND THAT THIS WEBSITE, ALONG WITH THE RESOURCES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR NEEDS, OR THAT COMPANY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF COMPANY, INCLUDING THE RELIABILITY OF THE RESULTS. COMPANY DOES NOT WARRANT OR REPRESENT THAT ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES WILL BE REPAIRED OR CORRECTED. COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF COMPANY.
  • YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF COMPANY IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT THE COMPANY DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER COMPANY NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN COMPANY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. THE COMPANY ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
  • YOU UNDERSTAND THAT NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH ANY RESOURCES THE COMPANY PROVIDES SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THESE TERMS OF USE.
  • THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN COMPANY IS SOLELY AT THE YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH COMPANY OR ANY TRANSACTIONS ENTERED INTO THROUGH COMPANY.

LIMITATION OF LIABILITY.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE COMPANY OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH COMPANY OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME OR OTHER INTANGIBLE, TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, BY ACCEPTING THE TERMS OF USE YOU SPECIFICALLY AGREE THAT COMPANY AND OUR AFFILIATES SHALL NOT BE LIABLE. SHOULD YOU BRING A CLAIM AGAINST THE COMPANY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IT SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF OUR RESOURCES.

INDEMNIFICATION.

  • You hereby agree to indemnify, defend, and hold harmless COMPANY and COMPANY's principals, agents, officers, directors, members, shareholders, employees, trustees, beneficiaries, attorneys, insurers, successors, parent companies, related entities, and assigns (collectively, "COMPANY PARTIES") from and against any losses, liabilities, damages, expenses, claims, fines, penalties, interest, costs of investigation, assessments, judgments, actions, proceedings and suits of whatever kind and nature, and all costs and expenses relating thereto (including, without limitation, in-house and outside attorneys' fees and expenses) incurred in connection with the investigation or defense thereof or in asserting rights hereunder (collectively, "Losses") based upon, arising out of or otherwise resulting from (i) any inaccuracy in any representation or breach of any warranty of COMPANY contained in these TERMS OF USE, or (ii) the breach or nonfulfillment of any covenant or other obligation of COMPANY under these TERMS OF USE. You hereby agree to also fully and completely indemnify and hold COMPANY and COMPANY PARTIES harmless from any and all other unknown third-party claims, lawsuits, administrative actions (including local, state and federal governmental agency matters), which arise as a result of actions taken by COMPANY in relation to these TERMS OF USE.
  • Promptly after your receipt of notice of any third-party claim or the commencement of any third-party action, suit or proceeding subject to indemnification hereunder (a "THIRD PARTY CLAIM"), should one be made against COMPANY, you shall give COMPANY reasonable written notice of such Third Party Claim; provided, that, the failure to provide such notice will not relieve you of any of your obligations, or impair the right of COMPANY to indemnification pursuant to this section. COMPANY shall have the right, at its option, to be defended by counsel of its choosing against any Third Party Claim, and to have you pay all of the reasonable legal costs incurred as they come due. COMPANY may also agree, at its option, to be defended by counsel of your choosing, provided that (i) you acknowledge in writing (at the time you elect to assume such defense) your obligation to indemnify COMPANY with respect to such Third Party Claim, (ii) such counsel is reasonably satisfactory to COMPANY, (iii) COMPANY is kept fully informed of all developments, and is furnished with copies of all documents and papers, related thereto and is given the right to participate in the defense and investigation thereof as provided below, and (iv) such counsel proceeds with diligence and in good faith with respect thereto. If you undertake to defend any Third Party Claim, you shall notify COMPANY of your intention to do so promptly (and in any event no later than twenty (20) days) after receipt of notice of the Third Party Claim, and COMPANY agrees to cooperate in good faith with you and your counsel in the defense of such Third Party Claim. You expressly agree that you shall not settle any Third Party Claim without the prior written consent of COMPANY, which shall not be unreasonably withheld or delayed; provided, that, COMPANY shall not be required to consent to any settlement involving the imposition of equitable remedies; and, provided, further, that, in no circumstances shall you consent to the entry of a judgment with respect to any Third Party Claim or enter into any settlement which does not include a provision whereby the plaintiff or claimant in such matter releases the COMPANY from all liability with respect thereto.
  • We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these TERMS OF USE. In such event, you shall provide us with such cooperation as is reasonably requested by us.

INTELLECTUAL PROPERTY.

All content and materials available on www.MarketwayCapital.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of www.MarketwayCapital.com, and are offered protection by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any intellectual property on the WEBSITE is strictly prohibited, unless specifically authorized by www.MarketwayCapital.com.

TERMINATION OF USE.

You agree that COMPANY may, at its sole discretion, suspend or terminate your access to all or part of the WEBSITE and RESOURCES with or without notice and for any reason, including, without limitation, breach of these TERMS OF USE. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the RESOURCES we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

GOVERNING LAW AND VENUE.

  • This WEBSITE is controlled by Marketway Capital Marketing, LLC with its offices located in Sheridan, Wyoming. It can be accessed by most countries around the world, and as each country has laws that may differ from those of Wyoming, by accessing our WEBSITE, you agree that the statutes and laws of Wyoming without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this WEBSITE and the RESOURCES.
  • Furthermore, any action to enforce these TERMS OF USE shall be brought in the federal or state courts located in Sheridan, Wyoming. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

CONTACT INFORMATION.

If you have any questions or comments about these our TERMS OF USE as outlined above, you can contact us by accessing the following webpage: https//www.marketwaycapital.com/contact-us.html