Welcome to Markaaz! These Terms and Conditions form a legally binding agreement between you and Markaaz, Inc. (“Markaaz,” “we,” “our” or “us”) governing: (1) your access and use of markaaz.com, including any content, functionality, and services offered on or through markaaz.com (the “Website”); and (2) your access and use of the Markaaz products and services (“Products”). The Website and Products are collectively referred to here as the “Services”.
Please read these Terms and Conditions carefully before you access and use the Services. By ACCESSING AND using the SERVICES you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the Services, or discontinue any access or use of the Services.
YOU AGREE THAT DISPUTES BETWEEN YOU AND MARKAAZ CONCERNING YOUR ACCESS AND USE OF THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT OF ARBITRATION, SEE SECTION 26 BELOW.
Fair Credit Reporting Act
Markaaz is not a credit or consumer reporting agency under the Fair Credit Reporting Act (“FCRA”) (15 U.S.C. § 1681, et seq.) or related state laws. Markaaz provides the Services as a platform for informational use only.
By using the SERVICES, you expressly agree and covenant not to use the services OR The information contained therein, in whole or in part, for any of the following purposes:
- To establish an individual’s eligibility for credit, loans, health insurance, or any other insurance to be used primarily for personal, family or household purposes;
- to establish an individual’s eligibility for employment purposes, including but not limited to promotion, reassignment or retention as well as to evaluate a job applicant;
- to establish an individual’s eligibility to rent a residence or for other tenant screening purposes;
- TO USE IN CONNECTION WITH A CREDIT TRANSACTION INVOLVING THE EXTENSION OF CREDIT TO, OR REVIEW OR COLLECTION FO AN ACCOUNT OF AN INDIVIDUAL;
- TO USE THE INFORMATION IN CONNECTION WITH THE UNDERWRITING OF INSURANCE FOR AN INDIVIDUAL;
- TO USE THE INFORMATION IN CONNECTION WITH THE DETERMINATION OF AN INDIVIDUAL’S ELIGIBILITY FOR A LICENSE OR OTHER BENEFIT GRANTED BY A GOVERNMENTAL INSTRUMENTALITY REQUIRED BY LAW TO CONSIDER AN INDIVIDUAL APPLICANT’S FINANCIAL RESPONSIBILITY OR STATUS;
- TO USE THE INFORMATION, AS POTENTIAL INVESTOR OR SERVICER, OR CURRENT INSURER, IN CONNECTION WITH A VALUATION OF, OR AN ASSESSMENT OF THE CREDIT OR PREPAYMENT RISKS ASSOCIATED WITH, AN EXISTING CREDIT OBLIGATION;
- to use THE INFORMATION FOR A COMMERCIAL / BUSINESS NEED IN CONNECTION WITH A BUSINESS TRANSACTION THAT IS INITIATED BY THE individual CONSUMER TO WHOM THE INFORMATION BELONGS, OR TO REVIEW AN ACCOUNT TO DETERMINE WHETHER THE PARTICULAR CONSUMER CONTINUES TO MEET THE TERMS OF AN ACCOUNT;
- TO USE THE INFORMATION BY EXECUTIVE DEPARTMENTS AND AGENCIES IN CONNECTION WITH THE ISSUANCE OF GOVERNMENT-SPONSORED INDIVIDUALLY-BILLED TRAVEL CHARGE CARDS;
- or FOR ANY OTHER PURPOSE in connection with which a consumer report may be used under the fcra or related state laws, including without limited to check-cashing or the opening of a deposit or transaction account.
Markaaz reserves the right to audit your use of the Services to ensure compliance with this section, and take appropriate remedial action against those users who violate this section, including but not limited to terminating access to the Services.
The Services are offered and available to individuals who are 18 years of age or older. By using and accessing the Services, you represent and warrant that you are of legal age to form a binding contract with Markaaz and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to your access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
Account Creation / Accessing the Services / Account Security
- Amending the Services. We reserve the right to withdraw or amend the Services, and any service or material we provide through the Services, in our sole discretion with or without notice. From time to time, we may restrict access to all or parts of the Services, including for registered users.
- Accessing the Services. You are responsible for both: (1) making all arrangements necessary for you to have access to the Services; and (2) ensuring that all persons who access the Services through your internet connection are aware of these Terms and Conditions and will comply with them.
- Creating an Account. To access and/or use the Services, you will be required to sign-up for an account and submit certain information about yourself and your business. You may be asked to submit other information about yourself or your business while otherwise using the Services, including uploading certain documentation to the Services. It is a condition of your use of the Services that all information you provide through the Services, including but not limited to any documentation uploaded to the Services, is correct, current, and complete.
- Account Confidentiality. You must treat your account username and password as confidential and must not disclose such information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other related information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security of such information. You also agree to ensure that you exit from your account at the end of each session on our Services. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Disabling the Account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or any other user has violated any provision of these Terms and Conditions.
- Keeping the Account Active. You must use your account to keep it active. This means you must sign in at least once in a twelve month period to keep your account, and associated Services, active, unless a longer period is provided under another agreement. We have the right to disable any account that is deemed to be inactive by us in our sole discretion.
- Fraudulent Use. If we reasonably suspect that your account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access. We reserve the right to disable any account that is deemed to have been potentially or actively compromised in our sole discretion.
- Account Ownership. You understand and acknowledge that you have no ownership rights in your account on the Services, and that if you cancel your account or your account is terminated, all information you have submitted as part of your account will be marked as deleted in and may be deleted from our systems. Information may be retained in our sole discretion.
Trademark and Acceptable Use
- Protected Materials. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Materials”) are owned by Markaaz, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Marks. The trademarks, service marks, trade dress, trade names, and logos contained on the Services, including but not limited to the Markaaz name and logo and other trademarks registered in the United States (collectively, “Marks”) are the sole property of Markaaz. In addition, all page headers, custom graphics, and custom icons are Marks of Markaaz.
- Limited Use. These Terms and Conditions permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- Prohibited Uses. You must not:
- Modify copies of any materials from our Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
- Access or use for any commercial purposes any part of the Services or content contained therein.
- Termination of Access. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms and Conditions, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Markaaz. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
- These Service Terms incorporate the Markaaz GDPR Data Processing Addendum (“DPA”), when the GDPR applies to your use of Markaaz Services to process Customer Data (as defined in the DPA). The DPA is effective as of 25 May 2018 and replaces and supersedes any previously agreed data processing addendum between you and Markaaz relating to the Directive 95/46/EC.
- These Service Terms incorporate the Markaaz Supplementary DPA, when the GDPR applies to your use of Markaaz Services to process Customer Data.
- These Service Terms incorporate the UK GDPR Addendum to the DPA, when the UK GDPR applies to your use of Markaaz Services to process UK Customer Data (as defined in the Markaaz UK GDPR Addendum).
- These Service Terms incorporate the Standard Contractual Clauses between controllers and processors approved by the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (the “SCCs”). The SCCs will only apply when: (i) the GDPR applies to your use of Markaaz Services to process Customer Data; and (ii) Customer Data is transferred either directly or via onward transfer, to a country outside of the European Economic Area not recognized by the European Commission as providing an adequate level of protection for personal data subject to GDPR (together a “Data Transfer”). When you are a controller (as defined in the GDPR), the Controller-to-Processor Clauses will apply to a Data Transfer.
Notice of Copyright Infringement
- Copyright Infringement Notice. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512), Markaaz has implemented procedures for receiving written notification of claimed infringements. Markaaz has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit such a request to email@example.com containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your email address and your mailing address and/or telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Counter-Notice. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to the Digital Millennium Copyright Act, by sending a Counter-Notice to 310 Comal St, Suite 258, Austin, TX 78702 containing the following information:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your full name, your email address, and your mailing address.
- You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- In any way that violates US international trade laws (including, without limitation, any laws and regulations implementing US and international sanctions programs on individuals, entities, or persons in sanctioned countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Markaaz, a Markaaz employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Markaaz or users of the Services, or expose them to liability.
- Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material available through the Services.
- Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
User Contributions. The Services contain interactive features and capabilities (the “Interactive Services”) that allow users to post, submit, publish, display, or transmit information and documents available to other users or other persons (collectively, “Public User Contributions”). The Services also contain Interactive Services, such as the Vault, that allow users to post, submit, and transmit documents that are privately available to the user and others authorized to view said materials (collectively “Private User Contributions”). The Public User Contributions and Private User Contributions are collectively referred to herein as “User Contributions.” All User Contributions must comply with the standards and rules set forth in these Terms and Conditions.
- Confidentiality of User Contributions. Any Public User Contributions you submit through the Interactive Services will be considered non-confidential and non-proprietary. Private User Contributions will be considered non-public, and be considered private to only those authorized individuals or organizations granted access to the Private User Contributions.
- Right to Use Public User Contributions. You grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any Public User Contributions for any purpose.
- Representations and Warranties. You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms and Conditions.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Markaaz, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
- Limitation of Liability. We are not responsible or liable to any third party for the content or accuracy of any User Contributions submitted by you or any other user of the Website.
Mobile / SMS Terms
- Mobile Features / SMS Messaging. Some of the Interactive Services or other offerings through the Services may have features that contain features for wireless device users (“Mobile Features”) and may allow you to opt-in to mobile services including SMS and/or MMS messaging programs (“SMS Messaging”). Your wireless provider may charge you for using Mobile Features or SMS Messaging, including fees related to the receipt of text messages or related to the transmission of data from your mobile device.
- Additional Fees. In order to receive Mobile Features or utilize SMS Messaging, your wireless provider may require you to purchase additional services, and you may have to pay additional fees for those services. You agree that you understand, have knowledge of and accept the fees that your wireless provider may charge you and that Markaaz is not charging you and is not responsible for those fees.
- Consent / Autodialer. To the extent you sign up for any Mobile Features or SMS Messaging, you may agree to receive recurring text messages at a rate of 5 messages per week, and you understand that we may use an autodialer or other sort of automated calling system to send marketing text messages to the mobile number you provided at the time of opting-in for any Mobile Features or SMS Messaging. Your consent to receive text messages is not required or not a condition to make purchase or use our services, including but not limited to any feature on our Website. Your wireless provider may apply message or data rates, which you know of and accept.
- Opt-Out. You understand that the service may be a recurring message program. You may opt-out of receiving text messages by replying STOP to any message received or by changing your contact methods through the Services. When you reply STOP, you will receive a single confirmatory text message notifying you of and confirming your choice to opt-out of receiving future messages, and no further messages will be sent to the number you provided unless you renew your consent to receive future messages.
- Updating Account. If you change or deactivate the phone number you provided to us upon sign up for any Mobile Features or SMS Messaging, you agree to update your account to ensure that any SMS messages intended for your receipt are not sent to any person who may acquire your phone number in the event your wireless provider reassigns your number.
Monthly Subscription / Automatic Renewal
- When you subscribe for Markaaz’s Services available through the Website, you will be offered the opportunity to have those subscriptions automatically renew. The amount of each subscription, and subsequent renewal price, will be presented to you at or before the point at which you sign-up for the automatic renewal service.
- The Markaaz automatic subscription services are intended for businesses only, and not individual consumers. If you are an individual using the subscription services for personal or household purposes, and not for business / commercial purposes, you must not sign-up for said subscription Services.
- Your subscription will continue until you cancel.
- To cancel your subscription, you may visit the My Account section of your account and cancel your subscription directly. You may also contact us at firstname.lastname@example.org.
Monitoring and Enforcement; Termination
- Monitor / Remediation Action. We have the right to:
- Remove or refuse to submit any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards (outlined below), infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Markaaz.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms and Conditions.
- Cooperation with Law Enforcement. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Website, including but not limited to any User Contributions.
- Reviewing User Contributions. We do not undertake to review User Contributions before they are submitted on the Services, and cannot ensure prompt removal of objectionable material after it has been submitted. We also do not guarantee the accuracy of any User Contributions through the Services. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, including but not limited to any User Contributions. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section or elsewhere in these Terms and Conditions.
- User Contribution Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information / Disclaimer of Accuracy of Information
The information presented on or through the Services, or information provided by third-parties who are available through links through our Services (including but not limited to our Business Resource Center), including but not limited to any User Contributions, information and data obtained by third-party service providers, licensors, syndicators, aggregators, and/or reporting services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Linking to the Website; Social Media Features
- Website Linking. You may link to our Website, provided you do so in a way that is consistent with these Terms and Conditions, is fair, lawful, and does not damage our reputation. You may not establish a link to our Website in such a manner so as to suggest any form of association, approval, or endorsement on our part without our express written consent.
- Social Medial Features. Our Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on our Website.
- View social media feeds of your own business or that of others.
- Send emails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
- You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause our Services, portions of the Services, it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Services other than the homepage.
- Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms and Conditions.
- The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
- We may disable all or any social media features and any links at any time without notice in our discretion.
Third-Party Applications and Services
- Third-Party Apps and Services. Certain features offered through our Services may allow you to make payments, access or acquire products, services, websites, links, content, material, skills, integrations, bots or applications from third parties (companies or people who aren’t Markaaz) (“Third-Party Apps and Services”). Our Services may also help you find, make requests to, or interact with Third-Party Apps and Services, or allow you to share User Contributions, and you understand that by using our Services you are directing us to make Third-Party Apps and Services available to you.
- Connectivity. The Third-Party Apps and Services may allow you to store User Contributions with the publisher, provider or operator of the Third-Party Apps and Services. We may also connect to the Third-Party Apps and Services via API or similar technology to provide you with information from those Third-Party Apps and Services, at your direction.
- Modification. Any Third-Party Disclosure does not modify any of these Terms and Conditions.
- Limitation of Liability. You are solely responsible for your interactions with any third parties, and compliance with the Third-Party Disclosures. Markaaz is not and will not be responsible to you or others for information or services provided by any Third-Party Apps and Services in connection with your use of the Website or otherwise.
Links from the Website
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
- You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL SUBMITTED ON IT, OR ON ANY WEBSITE LINKED TO IT, INCLUDING ANY THIRD-PARTY APPS AND SERVICES.
- YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MARKAAZ NOR ANY PERSON ASSOCIATED WITH MARKAAZ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER MARKAAZ NOR ANYONE ASSOCIATED WITH MARKAAZ REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- TO THE FULLEST EXTENT PROVIDED BY LAW, MARKAAZ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
- TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MARKAAZ, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (us).
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- You agree to defend, indemnify, and hold harmless Markaaz, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Services, including, but not limited to, your User Contributions, use of any Third-Party Apps and Services, any use of the Services’ content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Services.
- Under no circumstances shall Markaaz be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.
Dispute Resolution, Arbitration, Class-Action Waiver, Jury Waiver
- Binding Arbitration. You and Markaaz agree: (1) to arbitrate all Disputes between you and Markaaz pursuant to the provision of these Terms and Conditions; (2) these Terms and Conditions memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms and Conditions.
- Dispute Notice. In the event of a Dispute, you or Markaaz must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Markaaz must be addressed to email@example.com or 310 Comal St, Suite 258, Austin, TX 78702 (“Markaaz Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. If Markaaz and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or Markaaz may commence an arbitration proceeding pursuant to this section. Following submission and receipt of the Dispute Notice, each party agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
- Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court’s jurisdiction and is pending only in that court.
- WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST MARKAAZ IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS SECTION, AN ARBITRATOR SHALL NOT COMBINE OR CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION PROCEEDING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AND MARKAAZ AGREE THAT NO DISPUTE SHAL PROCEED BY WAY OF CLASS ARBITRATION WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES.
- Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Commercial Arbitration Rules (“AAA Rules”), as applicable; except AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. If there is a conflict between the AAA Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms and Conditions. The arbitrator, and not any federal, state, provincial, territorial or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- Hearing Format. Unless otherwise agreed, the arbitration shall take place in Travis County, Texas, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by Markaaz or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Markaaz is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
- Opt-Out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in these Terms and Conditions by sending a written letter to Markaaz at 310 Comal St, Suite 258, Austin, TX 78702 within thirty (30) calendar days of your initial agreement to these Terms and Conditions (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms and Conditions shall continue to apply.
- Amendments to this Section. Notwithstanding any provision in these Terms and Conditions to the contrary, you and Markaaz agree that if Markaaz makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms and Conditions, Markaaz will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Markaaz Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms and Conditions, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
- Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms and Conditions remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms and Conditions.
- Exclusive Venue For Other Controversies. Markaaz and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within Travis County, Texas, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such .
California Consumer Notice
- California users are entitled to the following consumer rights notice: The Services are provided by Markaaz at 310 Comal St, Suite 258, Austin, TX 78702. If you have a question or complaint regarding the Services, please contact us by writing to 310 Comal St, Suite 258, Austin, TX 78702. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Governing Law; Jurisdiction and Venue
- This Agreement will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or the laws of your state. If for any reason a court of competent jurisdiction or arbitrator finds any provision or portion of this Agreement to be unenforceable, the remaining portion of this Agreement will continue in full force and effect.
Waiver and Severability
- No waiver by Markaaz of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Markaaz to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
- If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
- These Terms and Conditions, and if applicable the Markaaz Master Agreement constitute the sole and entire agreement between you and Markaaz regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
- All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org
- Markaaz conducts its operations in compliance with applicable financial recordkeeping and reporting requirements, including those of the Bank Secrecy Act, as amended by Title III of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), and the National Defense Authorization Act for Fiscal Year 2021 (the NDAA), and applicable anti-money laundering statutes of jurisdictions where Markaaz conducts business (collectively, the “Regulatory Laws”).
- UNDERSTANDING AND COMPLYING WITH REGULATORY LAWS IS SOLELY YOUR RESPONSIBILITY. ALTHOUGH MARKAAZ USES THIRD-PARTY SERVICES AND COMMERCIALLY REASONABLE MEASURES TO IDENTIFY AND VERIFY THE IDENTITY OF INDIVIDUAL(S) AND BUSINESS(ES), MARKAAZ DOES NOT GUARANTEE THE IDENTITY OF ANY INDIVIDUAL(S) OR BUSINESS(ES), NOR DOES IT GUARANTEE THAT ANY IDENTITY PROOFING WILL MEET YOUR OBLIGATIONS OR REQUIREMENTS UNDER REGULATORY LAWS. All materials provided through the Services are for informational purposes only. You acknowledge and agree that Markaaz shall not be liable for any decisions or actions you take (or do not take) based on the materials provided through the Services.
For more information on Markaaz’s identity and verification process, please see FAQ.
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