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Terms of Use
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Please read carefully before continuing to the following terms of use, which form a binding contract between a user of the Website and Retireful LLC doing business as Mohr Capital Management (or hereafter MCM).
By accessing and using this Website, you agree to observe and be bound by the following Terms of Use. These Terms of Use may be modified at any time, and your continued use of the Website shall be deemed acceptance of these Terms of Use, as may be amended from time to time. If you do not agree to these Terms of Use, you should exit and cease all use of the Website immediately.
1. Incorporation. These Terms of Use expressly incorporate MCM Website Privacy Policy and our Legal Notices and Disclaimers.
2. Disclaimer. The Website is designed for information purposes only, and you acknowledge that you are solely responsible for the use of it. While MCM will take reasonable care that the content on the Website is accurate, complete and up-to-date, MCM does not guarantee and makes no representation or warranty that the content and/or facilities available or accessible via the Website are accurate, complete or up-to-date or that access to it will be uninterrupted or error-free.
3. Limits on Use. The Website may be accessed and used solely for your personal, noncommercial use only. Access to any password-protected portion of the Website is limited exclusively to the person to whom a login id has been issued by MCM. You will keep your login id and password confidential and not disclose same to any third party. You will notify MCM immediately of any actual or suspected loss, theft or unauthorized use of your login id or password. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software or other materials (“Materials”) obtained from the Website, except that you may view the Materials in their present form and you may download on any single computer and print one (1) copy of the Materials for your personal, noncommercial use, provided you keep intact all copyright and other proprietary notices. The Materials are subject to change without notice. MCM reserves the right to monitor your use of the Website and to monitor your compliance with these Terms of Use. You acknowledge and hereby consent to such monitoring. MCM reserves the right to suspend or terminate your access to and use of the Website if, in MCM reasonable belief, you have violated any of the terms set forth in these Terms of Use.
4. Intellectual Property. The Website, including the Materials, is owned by MCM or its licensors, and is protected under the copyright, trademark and other intellectual property laws of the United States and other countries as well as by international treaties and conventions. Using, copying, or storing any portion of the Website for other than your personal informational use without our prior written consent or the relevant licensor is expressly prohibited. The logos, services marks and trademarks of MCM are owned exclusively by MCM. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. The Website may contain other proprietary notices and copyright information. You agree to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any of the Materials.
5. Disclaimer of Warranties. The Materials published on the Website may include inaccuracies or typographical errors. The Website and all Materials are provided “as is,” without warranty of any kind, and we hereby disclaim all warranties and conditions with regard to the Website and the Materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant or make any representations regarding the use or the results of the use of the Materials or with respect to their correctness, accuracy, reliability, or otherwise. We do not warrant that the Website or any Materials will be provided on an uninterrupted or error-free basis, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or relating to any breach of security associated with the transmission of sensitive information through the Website or any linked site. In addition, we make no representation about the suitability of the Materials for any purpose. You (and not MCM) assume the entire cost and risk of using the Website and the Materials. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
6. Limitation of Liability. In no event will MCM or any of our affiliates, licensors, service providers or any third party be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for the Materials obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, even if we and/or any such person has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. Indemnification. You hereby indemnify, defend, and hold MCM and our affiliates and our officers, directors, owners, agents, licensors and service providers harmless from and against any and all liabilities, judgments, fines, damages, settlements and costs (including reasonable attorneys’ fees and disbursements) incurred in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Website. You will cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
8. Modifications. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time. Please continue to review these Terms of Use whenever accessing or using the Website. Your use of the Website after the posting of changes, modifications, additions or deletions to these Terms of Use will constitute your acceptance of these Terms of Use, as modified.
9. Governing Law/Venue. Any dispute, controversy or claim arising out of or related to the Website or these Terms of Use shall be governed by and interpreted under the laws of the State of Michigan (excluding any rules of law that would lead to the application of the laws of any other jurisdiction). You agree to submit to the jurisdiction of the state and federal courts in Michigan in respect of litigation arising out of or related to your use of the Website or with respect to these Terms of Use, waiving all affirmative and legal defenses in respect of jurisdiction, forum and venue. If any provision of these Terms of Use is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect.