Terms of Service

Welcome to MPOWER, these terms of use govern your use of the https://mpowerfinancing.com website and related MPOWER Financing services (collectively the “Services”).

These terms are a legally binding agreement between you and MPOWER Financing, PBC, is a Delaware public benefit corporation (“MPOWER”). By using the https://mpowerfinancing.com website or registering with the Services as defined below you acknowledge and agree that you have read, understand and accept the terms and conditions described below (the “Terms of Use”) and you agree to be bound by the Terms of Use and all terms, policies and guidelines incorporated in the Terms of Use by reference.

YOUR USE OF MPOWER FINANCING SOFTWARE AND SERVICES

Subject to you remaining in compliance with the provisions of the Terms of Use, MPOWER hereby grants to you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable license solely to access and use the Services. The Services shall not be used in any other manner or for any other purpose.

Use of the Services by children under the age of 13 is prohibited. By using the Services, you warrant that you are 13 years of age or older.

REGISTRATION AND ACCOUNTS

Some Services may require that you register on the MPOWER website (https://mpowerfinancing.com). You must provide complete and accurate information during registration, including your email address, and update your information should it change in the future.

You must maintain the confidentiality of your assigned user IDs and passwords. You agree to immediately notify MPOWER at mpower.me@mpowerfinancing.com of any unauthorized use of your password or username or any other breach of security. If a password is lost or stolen, it is your responsibility to change the password, and immediately notify MPOWER , so that your account remains secure and functional.

USER GENERATED CONTENT

The Services include features which allow you to submit content that others can access, both within and outside of the Services. You retain any rights you hold in the content that you submit. All content submitted to the Services is the sole responsibility of the user who submitted the content.

By submitting content to the Services, you give MPOWER and its affiliates a worldwide and royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. This license continues indefinitely beyond any termination of the Terms of Use for any reason by any party.

MPOWER does not screen, review or actively monitor any content submitted to the Services by users, and is not responsible for the accuracy or truthfulness of any user-submitted content.

PRIVACY AND COLLECTION OF INFORMATION

MPOWER collects information about you through your use of the Services. By using the Services, you agree that MPOWER may retain, use, and publish information collected through your use of the Services in accordance with the MPOWER Privacy Policy, located at https://mpowerfinancing.com/privacy-policy

OUR PROPRIETARY RIGHTS

MPOWER retains all rights, title, and interest to the Services and any updates that may be provided to you under the Terms of Use. MPOWER reserves all rights not expressly granted to you.

You and any business or third party subject to the Terms of Use through your use shall indemnify, defend and hold harmless MPOWER and its officers, agents, and employees from and against any claims, demands or causes of action (a) alleging infringement of any third party intellectual property rights based on (i) your use of the Services, (ii) the use of any other software or hardware that is used in conjunction with the Services, (iii) the unauthorized use of the Services, or (iv) use of the Services not in conformance with the specifications or the requirements of the Terms of Use, (b) based on the unauthorized use of the Services by you, or (c) based on or resulting from a breach of any provision of the Terms of Use by you.

PARTICIPATION INFORMATION

None of the information contained in MPOWER’s website constitutes a recommendation, solicitation or offer by MPOWER or its affiliates to buy or sell any securities or other financial instruments or other assets or provide any investment advice or service. The information contained in MPOWER’s website has been prepared without reference to any particular user’s lending or investment requirements or financial situation. The information contained and services offered in MPOWER’s website are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where MPOWER or its authorized partner or agent is not authorized to provide such information or services. Some products and services described in MPOWER’s website may not be available in all jurisdictions or to all potential users.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Other than as specifically set forth herein, the Services is provided “AS IS” and “WITH ALL FAULTS” and without warranty of any kind. You agree that the use of the Services is at your risk.

MPOWER makes no warranty of any kind to you or any third party, express, implied or statutory, with respect to the services, operation of the services, or output of or results obtained from the services, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, operability, compliance with applicable law or non-infringement and all such warranties are hereby excluded by MPOWER and waived by you.

Limitation of liability. Other than as specifically set forth herein, in no event shall MPOWER, its agents or employees, have any liability to you or any third party for the cost of substitute goods or any incidental, indirect, punitive, special, exemplary or consequential damages (including lost profits, loss of data, loss of use, loss of business opportunity or claims of third parties) arising in any manner in connection herewith, or out of the terms of use, the performance or breach hereof or the subject matter hereof, however caused, whether by negligence or otherwise, regardless of the form of action, whether for breach of contract, breach of warranty, negligence, strict product liability, infringement, government agency fines or enforcement actions or otherwise, and whether or not MPOWER has been advised of the possibility of such damages. This limitation shall apply notwithstanding any failure of essential purpose of any limited remedy provided herein.

MODIFICATION AND TERMINATION OF THE SERVICES

MPOWER may, in its sole discretion, discontinue offering the Services or terminate or suspend your access to the Services at any time.

MPOWER reserves the right to change or modify any of the terms and conditions contained in the Terms of Use at any time, in its sole discretion, by posting changes at https://mpowerfinancing.com/terms-of-service (or another URL that MPOWER may provide from time to time). You are advised to regularly review the policy. You accept modifications of the Terms of Use through online acceptance of the terms or through your continued use of any part of the Services following the posting of any such changes or modifications.

PROVISIONS: ENFORCEABILITY AND SURVIVAL

Should any provision of the Terms of Use be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the legality, validity and enforceability of the remaining provisions of the Terms of Use shall not be affected or impaired thereby.

The failure of either party to enforce any term or condition of the Terms of Use shall not constitute a waiver of either party’s right to enforce each and every term and condition of the Terms of Use. No breach under the Terms of Use shall be deemed waived or excused by either party unless such waiver or consent is in writing signed by the party granting such waiver or consent. The waiver by or consent of a party to a breach of any provision of the Terms of Use shall not operate or be construed as a waiver of or consent to any other or subsequent breach by such other party.

The parties agree that the Terms of Use states the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and representations of the parties, oral or written. The Terms of Use shall be binding upon and inure to the benefit of the parties’ authorized successors, legal representatives, and authorized assigns.

NOTICES

All notices, demands, requests, consents or other communications required or permitted by the Terms of Use (“Notices”) shall be in writing and sent to the parties at their current known addresses, or to such other address as either party may specify in writing. Notices shall be deemed duly served on or delivered (1) when delivered personally, (2) when sent to the other party by certified mail, return receipt requested, (3) when delivered by hand or sent by recognized overnight courier (with acknowledgment received by the courier), or (4) sent by facsimile, electronically confirmed and followed up immediately by standard United States mail.

DISPUTES

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware without reference to its principles of conflicts or choice of law. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.

The parties waive any right to a jury trial in any proceeding arising out of or related to the terms of use or any confidential information, intellectual property rights, or self-hosted services that are the subject of the terms of use.

Any and all disputes arising under this Agreement shall only be resolved by courts located in the State of Delaware and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with the Terms of Use.

In the event of any dispute arising out of or related to the Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

CONTACTS

You agree that we and any of our affiliates, agents, service providers or assignees may call you, leave you a voice, prerecorded, or artificial voice message, or send you a text, e-mail, or other electronic message for any purpose related to your loan with us, our products and services, or surveys or research (each a “Communication”). You agree that we and any of our affiliates, agents, service providers or assignees may call or text you at any telephone number associated with your loan, including cellular telephone numbers, and may send an e-mail to any email address associated with your loan. You also agree that we and any of our affiliates, agents, service providers or assignees may include your personal information in Communication and may conduct a Communication using an automatic telephone dialing system. We will not charge you for Communication, but your service provider may. In addition, you understand and agree we and any of our affiliates, agents, service providers or assignees may always communicate with you in any manner permissible by law that does not require your prior consent.