This User Agreement, in combination with MX Deposit’s general Terms of Service, sets forth the terms and conditions under which MX Deposit makes the Services available to you. The Terms of Service is an integral part of this User Agreement and is incorporated herein by reference.
Capitalized terms not defined in this Agreement will have the meanings set forth in the Terms of Service.
Your acceptance of these terms is signified by your registration for the MX Deposit service. By doing so, you agree to be bound by all of the terms and conditions contained in this User Agreement and the Terms of Service. You have the right to have a record of this User Agreement and any other Agreement you enter into with Minalytix made available via email upon request for no additional fee. Simply e-mail firstname.lastname@example.org. In addition to signifying your acceptance of these terms, in order to use or continue to use the Services you may be required to and you agree to provide information as requested by Minalytix. In such an event, you consent to Minalytix's disclosure of such information to third-parties in order to verify such information (if Minalytix chooses to conduct such verification, which it is not obligated to do) or in order to comply with national, provincial or local laws or regulations.
- User Accounts and Conduct
Without limiting any other remedies, Minalytix may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent or inappropriate activity in connection with the Site or have engaged in activities in violation of the terms of this User Agreement, the TERMS OF SERVICE or related Agreements with Minalytix. If Minalytix suspends or terminates your account, you may not open a new account (under your name, a fictitious name or someone else's name).
You will be solely and fully liable and responsible for all activities provided under your username and password.
- Minalytix as a Venue
MX Deposit provides a venue where you may either i) work with internal teams, ii) perform services for clients or partners or iii) receive services from contractors, consultants or partners on the Site. The specific features of the Site are to be determined solely by Minalytix and are subject to change or termination without notice. You have no rights in and to the Site and Services or in and to any use or continued use of such Site or Services. Minalytix makes no representation or warranty of any kind as to the ability or willingness of the parties to pay for the services provided. When acting as a consultant, you bear the entire risk with regard to payment for your work. Similarly, when you are acting as a client, Minalytix makes no representation or warranty of any kind as to the applicability, accuracy, value, quality or appropriateness of the work provided by any providers on the Site.
You acknowledge that Minalytix is not a traditional service provider. Instead, the Site is a venue to allow anyone to offer, sell, deliver and procure services anytime, from anywhere, in a variety of formats. Minalytix is not involved in the actual transaction between the Users. We have no control over and do not guarantee i) the legitimacy, the truth or accuracy of the work, Users' content or project postings, ii) the ability or quality of service of providers, iii) the ability of clients or contractors to pay for items, or iv) that parties will actually complete a transaction.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.
- User Warranties
By submitting the User Agreement and completing the on-line registration process, you represent and warrant to the following:
- You will not misrepresent yourself or create a misleading username. You will always accurately describe and represent your background, skills, knowledge and your level of experience (including educational background, degrees, current business standing, etc) and other applicable information when using the Site or providing Services. You will maintain and update such information so that it remains true, accurate and complete.
- You will not provide any legal or medical advice or other professional advice or information (such as securities, tax, psychiatry, veterinary, etc) that may only lawfully be rendered or provided by a licensed professional unless you are such a licensed professional in good standing and you abide by all the rules and regulations of such profession.
- In addition to the other terms and conditions of the Terms of Service and this User Agreement, you expressly represent and warrant that you (i) have read, understand and agree to be bound by this User Agreement and the Terms of Service, (ii) will not engage in the restricted activities listed in Section 5 of the Terms of Services, and (iii) will indemnify, defend and hold harmless Minalytix against any claims or damage incurred by Minalytix resulting from or at all related to your failure to abide by the terms of this User Agreement or the Terms of Service;
- You will not conduct any illegal or fraudulent activities on our Site or in the use of our Services and you hereby agree to indemnify, defend and hold harmless Minalytix in the event that Minalytix concludes that you have engaged in any such illegal or fraudulent activities; and
- Unless otherwise expressly stated by Minalytix through a recognition program or otherwise, you agree and acknowledge that nothing regarding your participation on the Site will be considered as an endorsement, referral or recommendation by Minalytix or any other Consultant of you or the Deliverables you provide and you will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.
- Payment, Refunds, Upgrades and Downgrades
- Full payment of the order form must be received prior to use of the Site. Payments can be made by cheque, wire transfer or direct deposit. Credit card payments will be supported in a future version of the Site.
- If you are eligible for a trial of a paying plan, your trial will begin upon your paid plan sign up or your upgrade to a paying plan, whichever is first. If you downgrade or cancel during your trial you rescind your right to any future trials.
- The Service is billed in accordance with your Order Form. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
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- For any upgrade in plan level, if applicable, you will automatically be charged the new rate on your next billing cycle.
- You agree to pay all fees, usage or subscription costs incurred through your use of the Services. In addition to any legal or other measures we may take to recover any monies due, Minalytix may terminate your access to the Services immediately should there be any unpaid fees, usage or subscription costs owed by you, including but not limited to monthly or annual subscription fees.
- Unless otherwise stated, all payments are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with your use of the Service in a timely manner.
You agree to indemnify, defend and hold Minalytix, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service, including, without limitation, that result from any Deliverables provided and/or relied upon on the Site. Minalytix shall provide you reasonable notice of such claim.
- No Relationship
No relationship (such as partnership, agent, joint venture, or employee) between you and Minalytix is created by this User Agreement or your participation on the site.
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