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MUNDIAL FINANCIAL GROUP (“MUNDIAL Capital”)
GENERAL TERMS AND CONDITIONS
Updated as of September 23, 2024
PLEASE READ CAREFULLY.
BY CREATING A USER ACCOUNT, LOGGING INTO, ACCESSING OR USING MUNDIAL’S PROPRIETARY WEBSITE, and its INTERNET-BASED PLATFORM AND RELATED SERVICES, WHETHER FREE OR UPON PAYMENT OF RELEVANT FEES (collectively, the "system" and as further defined below), YOU ACKNOWLEDGE AND AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS, MUNDIAL‘S PRIVACY POLICY AND ANY OTHER ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO THE SERVICES (collectively, the “Agreement”). THIS AGREEMENT WILL APPLY TO EACH USER (afterwards referred to as “you” or “your”), WHETHER YOU ARE ACCESSING THE SYSTEM THROUGH THE MAIN DOMAIN(S), MOBILE APPLICATION(S), OR THROUGH PRIVATE-LABEL SUBDOMAIN(S) WITH RESPECT TO YOUR USE AND/OR ACCESS TO THE SYSTEM AND/OR DATA (AS SUCH TERMS ARE DEFINED BELOW). IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE OUR SYSTEM.
1. MODIFICATIONS. This Agreement may change in the future, and you accept responsibility for any such changes available on the System. Your use and/or access of the System and Data will constitute acceptance of this agreement and subsequent changes.
2. TERMS. These terms shall have the following meanings:
a. “Account Information” means the User account and private password information necessary to access and utilize the System and Data.
b. “Data” means all information and content available or transmitted to or from the System including records, documents (scanned and/or digitized), communications, data, text, statements, comments, correspondence, requests, responses, discussions, images, files, records regardless of computing device or software used.
c. “System” also includes MUNDIAL’s proprietary software applications available via the Internet that permit access to the System and Data subject to any specific restrictions.
d. “User” means any individual person or entity (including their authorized holding company, subsidiary, affiliate, heir, executor, administrator, trustee, and assignee) having authorized access to and use of the System and Data and that has consents to this Agreement and any others MUNDIAL may publish in the future.
3. REGISTRATION. You hereby agree to open an account with Mundial Financial Group and consent to the electronic delivery of materials in accordance with Crowdfunding Rule 227.302. Access to the System and its functionalities requires registration and creation of a User account plus consent to this Agreement and any others Mundial may publish in the future. You must be at least majority age in the jurisdiction in which you reside to qualify as a User. Multiple User accounts by the same person or entity are not permitted. All User information must be and remain accurate, correct, complete and that of the intended User. Users must keep their account information and credentials confidential and not share them.
4. SELF-DIRECTED. You confirm that your Account will be entirely “self-directed” and that you are solely responsible for all purchases, orders, investment decisions and instructions placed in or through your Account.
5. SYSTEM ACCESS. You are granted a limited, personal, revocable, and non-exclusive license and authorization to access and use the System and Data subject so long as you comply with this Agreement and any other Mundial subsequently imposes. MUNDIAL reserves the right to termination your access to the System and Data at any time without notice at its sole discretion without liability to you whatsoever. Use of the System and Data not expressly permitted is strictly prohibited.
6. MONITORING AND PRIVACY.
a. MUNDIAL RESERVES THE RIGHT AND DOES MONITOR USE OF THE SYSTEM TO CARRY OUT ITS BUSINESS ACTIVITIES, ANALYZE ACTIVITY AND ENSURE COMPLIANCE WITH LAW, REGULATIONS, THIS AGREEMENT AND ALL OTHERS IT PUBLISHES FROM TIME TO TIME, AS WELL AS TO MAINTAIN ADEQUATE SECURITY, DETECT AND PREVENT BREACHES OF SECURITY, IMPROPER OPERATION OF THE SYSTEM, INTRUSIONS OR MALICIOUS SOFTWARE, AND TO ANALYZE AND UNDERSTAND PATTERNS OF USE IN ORDER TO IMPROVE OPERATION OF THE SYSTEM. MONITORING MAY INCLUDE READING OF COMMUNICATIONS AND ACTIVITIES, REVIEW OF ACTION AND ALL AVAILABLE LOGS AND RECORDS OF USERS ACTIVITIES IN ANYWAY RELATED TO THE SYSTEM. INFORMATION OBTAINED FROM MONITORING ACTIVITIES MAY BE USED FOR RESPONDING TO INQUIRIES, PROCESSING ORDERS, KEEPING YOU INFORMED ABOUT YOUR ORDER STATUS, FOR STATISTICAL PURPOSES, FOR IMPROVING OUR WEBSITE AND ITS PERFORMANCE, FOR DEVELOPING BETTER PRODUCTS AND SERVICES AND OTHER PURPOSES RELATED TO OUR BUSINESS AND ENSURING COMPLIANCE WITH THIS AGREEMENT. ALL SUCH INFORMATION OBTAINED WILL BE SUBJECT TO MUNDIAL’S PRIVACY POLICY (AS AMENDED FROM TIME TO TIME).
7. AUTHORIZED USE: Your conduct must always remain reasonable, courteous, and professional while accessing and using the System and Data. Access and use are restricted to non-commercial purposes and other purposes MUNDIAL may afterwards grant you. In addition:
a. You must comply with all requirements, rules and regulations published or stated by MUNDIAL concerning use and access to the System and Data.
b. You must promptly communicate with MUNDIAL when required.
c. You must comply with and observe all international, federal, provincial, state and local laws and regulations that govern your use and access to the System and Data.
d. You must not engage in any direct or indirect activity that in MUNDIAL’S sole opinion is likely to interfere with operation, integrity or functionality of the System or Data, or is likely or designed to expose MUNDIAL to legal action of any kind, in any jurisdiction.
e. You must not use, upload, or communicate offensive language, gestures, or images such as obscene, violent, pornographic, illegal, defamatory, or discriminatory content.
f. You must not infringe upon the intellectual, industrial, or proprietary rights of any other user, Mundial or third parties.
g. You must not divulge or share Account information.
h. You must not allow others to access or use your account.
i. You must not transmit or send bulk commercial email or "spam."
j. You must not engage in hacking, cracking, or any other kind of malicious conduct.
k. You must not transmit, send, or upload any malicious or harmful software or code and use and regularly updated anti-virus and anti-spyware software and similar technological measures prior to accessing the System and Data.
l. You must not engage or attempt to decompile, reverse engineer, or disassemble the System or any related software or aid do so.
m. You must not use or attempt to learn or discover user or Account information or any other person or entity.
n. You must not intercept, use, or tamper with any MUNDIAL, System, or another users’ communications or channels they originate from or sent to.
o. You agree to receive messages from the System and Mundial by email, sms, mobile, telephone, and regular mail.
8. SUGGESTIONS. Any information, ideas, inventions, concepts, techniques, improvements, or know-how you provide to or share with MUNDIAL it is authorized to use without acknowledgment or compensation to you, and you waive all claims of ownership, right to compensation and intellectual or proprietary rights whatsoever.
9. ORDERS. MUNDIAL’s acceptance of payment methods for orders and other of its services may vary and are subject to all restrictions and approvals.
10. THIRD PARTIES, SERVICES, CONTENT AND WEBSITE.
a. When placing an order, MUNDIAL may use third parties to perform transaction related services. MUNDIAL is not responsible for those services or the timeliness and accuracy of their services. Any decisions you make in reliance upon third parties services or data is at your own risk and you agree that MUNDIAL shall not be liable for your decisions, actions, or inactions taken and not liable to you for any direct, indirect, incidental, special, or consequential damages that result from you use or reliance upon services or data provided by any third party.
b. CONTENT PROVIDED BY THIRD PARTIES IS ON AN "AS-IS" BASIS. THE THIRD-PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
c. Should the System include a link to a non-Mundial website or page, those are operated independently by third parties over whom Mundial has no control. Mundial does not warranty, approve of or endorsee any third-party websites, page or contents.
11. REPRESENTATIONS AND WARRANTIES.
a. You warrant and affirm that you will not use the System to upload, send or receive personal information about any individual, including any personal information of another User, other than as permitted by applicable privacy laws and that you will adhere to all terms and conditions of this Agreement and others MUNDIAL may publish in the future.
b. You have full legal capacity to enter into this Agreement and by doing so you will not be in breach of any agreement with, nor in breach of any legal duty to any third party or other User.
c. All Data and other materials you transmit or uploaded will comply with this Agreement and applicable laws and regulations.
d. All Data, materials, or messages you transmit, or upload will not infringe the intellectual, industrial or property rights of any other person or entity.
e. You will comply with this Agreement, and all future ones MUNDIAL publishes.
12. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS.
a. Nothing written in this Agreement, nor any MUNDIAL publishes in the future is intended to transfer ownership over the System or Data, or any part thereof, to any user, person, or entity. In the event you make such a claim in the future, you confirm this subsection is proof of MUNDIAL’S exclusive perpetual ownership of the System and Data.
b. You confirm that the System is proprietary, unique and valuable to MUNDIAL, and that the infrastructure platform, portal, arrangement, architecture, workflows, selection, design, improvements, modifications and enhancements of the System and its features are protected by United States and international intellectual property rights, industrial property rights and treaties, including without limitation, copyright, trademarks and other proprietary rights.
c. As it relates to personal Data MUNDIAL collects, you remain the owner of such Data subject to MUNDIAL’S Privacy Policy, and your grant to MUNDIAL of a perpetual right to keep a copy of that Data.
13. DISCLAIMERS AND LIMITATIONS. BY ACCEPTING OR ENTERING INTO THIS AGREEMENT, AND/OR BY USING OR ATTEMPTING TO ACCESS AND/OR USE THE SYSTEM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
a. THE SYSTEM AND THE DATA ARE PROVIDED STRICTLY ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS. MUNDIAL Capital DOES NOT OWN AND HAS NO CONTROL OVER THE NATURE OR CONTENTS OF THE DATA.
b. MUNDIAL DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR ARISING FROM A COURSE OR CUSTOM OF USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY DESCRIPTION WITH RESPECT TO THE SYSTEM AND/OR THE DATA.
c. MUNDIAL Capital MAKES NO WARRANTIES, GUARANTEES, CONDITIONS OR REPRESENTATIONS REGARDING THE SYSTEM OR THE DATA, OR THAT THE SYSTEM OR THE DATA WILL BE AVAILABLE WITHOUT ERRORS, OMISSIONS OR DEFECTS, OR THAT ERRORS, OMISSIONS OR DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE SERVER OR SERVERS ON WHICH IT IS HOSTED WILL BE FREE OF VIRUSES OR OTHER HARMFUL CONTENT, OR THAT THE SYSTEM WILL NOT INFRINGE THIRD PARTY INTELLECTUAL PROPERTY RIGHTS OR MISAPPROPRIATE THIRD PARTY CONFIDENTIAL INFORMATION OR TRADE SECRETS.
d. YOU CONFIRM AND AGREE THAT THE SYSTEM IS SOFTWARE AND COMPUTER BASED, THAT THERE IS NO SUCH THING AS ERROR FREE SYSTEMS OR SOFTWARE, AND THAT THE DATA ORIGINATES FROM AND IS SUBJECT TO REVISION BY MANY AUTHORS AND SOURCES NOT UNDER THE CONTROL OF MUNDIAL YOU THEREFORE AGREE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN ARE REASONABLE AND FREELY ACCEPTED.
e. AS A CONVENIENCE TO USERS OF THE SYSTEM, AND ALTHOUGH IT ACCEPTS NO OBLIGATION TO DO SO, MUNDIAL MAY, IN ITS SOLE DISCRETION, INCLUDE LINKS TO OTHER SYSTEMS, COMPUTERS, SERVERS, WEBSITES OR RESOURCES UNDER THE CONTROL OF THIRD PARTIES (“THIRD PARTY RESOURCES”) AND OVER WHICH YOU CONFIRM AND AGREE THAT MUNDIAL HAS NO CONTROL. MUNDIAL PROVIDES NO ENDORSEMENT, WARRANTY OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS, SERVICES, CONTENT, ACCURACY OR APPROPRIATENESS OF CONTENT OF, OR ACCESSIBLE THROUGH, SUCH THIRD-PARTY RESOURCES, OR WITH RESPECT TO THE DATA, AND YOU USE SUCH THIRD-PARTY RESOURCES AND THE DATA SOLELY AND ENTIRELY AT YOUR OWN RISK AND HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST MUNDIAL Capital WITH RESPECT TO SUCH WEBSITES OR THE DATA.
f. EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, NONE OF MUNDIAL OR ANY OF ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, COSTS OR LOSS WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF, OR ANY DEFECTS, INACCURACIES, ERRORS OR OMISSIONS IN OR TO, THE SYSTEM, THE DATA, OR ANY LINKED THIRD PARTY RESOURCE, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PROGRAMS, APPLICATIONS, INFORMATION OR DATA, FAILURE TO REALIZE EXPECTED REVENUES, PROFITS, OR SAVINGS, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, HARM TO BUSINESS, OR ANY OTHER ECONOMIC OR PECUNIARY LOSS OF ANY KIND, WHETHER ARISING OUT TORT, CONTRACT, BREACH OF DUTY OR OTHERWISE, AND WITHOUT REGARD TO FORM OF ACTION. THE FOREGOING PROVISIONS SHALL ALL APPLY EVEN IF MUNDIAL Capital HAS BEEN ADVISED BY YOU OR ANYONE ELSE OF THE POSSIBILITY OF ANY LOSS OR DAMAGE.
g. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TIME OF DAMAGES IS PROHIBITED, MUNDIAL’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
h. THIS AGREEMENT PROVIDES A LICENSE AND ACCESS TO CERTAIN CONTENT AND IS NOT A SALE OF GOODS.
14. LIMITATION OF LIABILITY. WITHOUT DEROGATING FROM ANY OTHER LIMITATION OF LIABILITY CONTAINED IN THIS AGREEMENT, YOU AGREE THAT THE AGGREGATE OF ALL LIABILITY ON THE PART OF MUNDIAL FOR BREACH OF ANY WARRANTY, GUARANTEE, TERM OR CONDITION CONTAINED IN THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED HEREIN, OR OF ANY OTHER PROVISION OF THIS AGREEMENT OR OF ANY AGREEMENT CONTEMPLATED BY THIS AGREEMENT OR ANY OTHER BREACH GIVING RISE TO LIABILITY, INCLUDING A BREACH OF A CONDITION OR FUNDAMENTAL TERM OR FUNDAMENTAL BREACH OR BREACHES OR IN ANY OTHER WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY AGREEMENT CONTEMPLATED BY THIS AGREEMENT, FOR ANY AND ALL CAUSES OF ACTION WHATSOEVER AND, REGARDLESS OF THE FORM OF ACTION (INCLUDING BREACH OF CONTRACT, BREACH OF DUTY, STRICT LIABILITY OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY), SHALL BE LIMITED TO A MAXIMUM SUM OF ONE HUNDRED DOLLARS ($100.00) IN UNITED STATES CURRENCY. THE FOREGOING PROVISIONS SHALL ALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
15. EQUITABLE REMEDIES. You acknowledge and confirm that a breach of this Agreement may cause MUNDIAL irreparable harm for which no adequate remedy exists at law, and for which damages will not be an adequate remedy, and that upon any such breach or threatened breach MUNDIAL shall be entitled to injunctive relief without prejudice to any other right in law or equity and without the necessity of prior demand or proof of damage, and without the necessity of providing an undertaking as to damages or posting a bond or surety.
16. INDEMNITY OF MUNDIAL BY YOU. You will be liable to and shall indemnify and save harmless MUNDIAL, its affiliates, third party providers and their respective officers, directors, shareholders, employees, agents, representatives, successors, and assigns from and against any and all claims, actions, suits, proceedings, costs, expenses, damage and/or liabilities (including reasonable legal fees) whatsoever arising out of, connected with, or resulting from: (a) your access to and use of the System and/or the Data; (b) any breach by you of this Agreement, or any breach by you of any warranty given by you; and (c) your actions and omissions in connection with your use of the System and/or the Data.
17. RIGHTS CUMULATIVE. The rights of MUNDIAL under this Agreement shall be cumulative, and the election by MUNDIAL to pursue any remedy, whether legal or equitable, shall not be deemed to be a waiver of the rights of MUNDIAL to other remedies.
18. GOVERNING LAW. This Agreement shall be governed by the federal laws of United States of America applicable therein. Subject to the rights of MUNDIAL to seek equitable relief in any court of competent jurisdiction for a breach of its rights as provided in this Agreement, you irrevocably submit and attorn to the jurisdiction of the courts of the State of New York. Any litigation arising out of this Agreement shall be commenced and all proceedings, including examinations for discovery, and the trial shall be held in New York, NY, USA.
19. DISPUTE RESOLUTION.
In the event of any claim, controversy or alleged dispute between you and MUNDIAL or its affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of FINRA Dispute Resolution. Any proceedings will be held in New York, NY.
The decision(s) of the arbitrator(s) shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except on very limited legal grounds. The implementation of arbitration decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any appeal. Judgment upon the award rendered in an arbitration may be entered by any court having jurisdiction thereof. You agree that all disputes will be limited between you, individually, and MUNDIAL Capital. To the full extent allowable by law, you agree that no arbitration proceeding, or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.
Notwithstanding the foregoing, you agree that the following matters shall not, at the election of MUNDIAL Capital, be subject to binding arbitration: (1) any dispute related to or arising from allegations of criminal activity; (2) any dispute concerning MUNDIAL’S intellectual property; and (3) any claim for injunctive relief. Any court action commenced by you or MUNDIAL in accordance with these Terms of Conditions shall be brought in the United States District Court of New York, and you and we hereby submit and consent to the personal jurisdiction of, and the service of process by, that Court.
20. GENERAL PROVISIONS.
a. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other