Terms of Service

Updated March 30, 2017

The following Terms of Service (collectively with our Privacy Policy, the “ToS”) govern your use of dealreach.com (the “Site”) and the products, features, contents, applications and services provided by DealReach (together with the Site, the “Platform”). You should regularly review the ToS, as they are subject to change.

1. General Terms and Conditions.

All use of the Platform is subject to the ToS. By accessing and using the Platform, you acknowledge, accept, and agree to the ToS and all other terms, conditions, procedures and policies that may be published from time to time on the Site by us, each of which is incorporated by reference. The ToS represents a binding contract between you and Made Market, Inc., its subsidiaries, affiliates, assignees and its and their officers, directors, employees and agents (“Made Market”, “we”, “us” or “our”), and are in addition to any other agreements between you and Made Market, including any other agreements that govern your use of products, features, contents, applications and services available on the Platform. If you are accessing the Platform on behalf of another entity or individual, you represent and warrant that you have the authority to agree to the ToS on such entity’s or individual’s behalf. If you do not agree with anything contained in the ToS, please do not submit information to, access information from, or otherwise utilize the Platform. Made Market reserves the right to change the ToS at any time without notice to you. Use of the Platform following the posting of any changes to the ToS shall be deemed to be acceptance thereof by you. In the ToS, we may refer to a customer/reader/entity as “you”. You agree to keep business information and trade secrets of Made Market, including, but not limited to the terms and pricing set forth herein, and any user account information confidential until such information becomes known to the public generally without your fault and except to the extent that disclosure may be required by law, regulation or legal process.

2. Eligibility.

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Platform. We may, in our sole discretion, refuse to offer the Platform to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that the ToS are in compliance with all laws, rules and regulations applicable to you and the right to access the Platform is revoked where the ToS or use of the Platform is prohibited or to the extent offering, sale or provision of the Platform conflicts with any applicable law, rule or regulation. Further, the Platform is offered only for your use, and not for the use or benefit of any third party.

3. Registration.

When signing up for the Platform and creating an account on the Platform (an “Account”), you must provide accurate and complete information and keep your Account information updated. You shall not: (a) select or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (c) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Platform without permission. You must notify us immediately of any change in your eligibility to use the Platform (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

4. Privacy.

Your privacy is very important to us. DealReach’s Privacy Policy explains how we treat your personal information and protect your privacy when you are using our Platform. By using our Platform, you agree that Made Market may use your information as set forth in the Privacy Policy. We designed our Privacy Policy to make important disclosures about how you can use DealReach to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.

5. Use of the Platform; Limitations; Acceptable Use.

6. Apple, Inc. Device and Application Terms.

If you are accessing the Platform via a mobile application (“Application”) developed by Made Market on a device provided by Apple, Inc. (“Apple”), or otherwise obtained access to the Platform through the Apple App Store, the following terms shall apply:

7. Intellectual Property; Copyright.

8. Email Notification.

Made Market uses email to communicate with users. You hereby authorize and agree that Made Market may communicate with you via email and you consent to receiving and giving any notice required under the ToS or any other agreement with Made Market via email. Made Market will use reasonable efforts to honor any request you may have to opt out from receiving emails, but under no circumstance will Made Market have any liability for sending any email to you or to any of its customers. Electronic notices should be sent to support@mademarket.co.

9. Hyperlink Policy.

The Platform may contain links to third party websites and other websites may contain links to the Platform. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Made Market of any information contained in any third party website. In no event shall Made Market be responsible or liable for the information contained on that third party website, your use of or inability to use such website and any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information, products or services available on or through any such website. You should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to your use of the Made Market Platform.

10. Third Party Content.

Certain portions of the Platform, including, without limitation, information on certain private companies, may contain unedited or third party content. All postings, messages, text, images, links to third-party websites or other materials published or otherwise made available through this section (the “Third Party Content”) are the sole responsibility of the person(s) who originated such Third Party Content and Made Market may not monitor, does not control and does not investigate or validate such Third Party Content; provided that Made Market reserves the right at all times (but will not have an obligation) to remove any Third Party Content. By using this Third Party Content, you agree to not rely on the Third Party Content and understand that you may be exposed to Third Party Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that Made Market makes no representations or warranties regarding the Third Party Content and is not responsible or liable in any manner for the Third Party Content or the conduct, whether online or offline, of any user. The Third Party Content does not constitute legal or financial advice and must not be used in the place of legal counsel or financial due diligence. You should independently evaluate and verify all Third Party Content.

11. Payments and Billing.

12. Termination.

We may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Platform. All provisions of the ToS which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. No Warranty; Limitation of Liability.

14. Indemnity.

You agree to indemnify and hold harmless Made Market, our affiliates and each of our and their respective officers, directors, agents, and employees, from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your (or any third party using your Account or identity in the Platform) use or misuse of the Platform, breach of the ToS or the materials it incorporates by reference, or violation of any law, regulation, order or other legal mandate or the rights of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

15. Choice of Law.

You will resolve any claim, cause of action or dispute (together a “claim”) you have with Made Market arising out of or relating to the Platform or the ToS exclusively in Delaware. The laws of the State of Delaware will govern the ToS, as well as any claim that may arise between you and Made Market, without regard to conflict of law principles. In any dispute arising under the ToS, the prevailing party will be entitled to reasonable attorneys’ fees and expenses.

16. Arbitration and Class Action Waiver

17. Marketing of Names.

When you announce closed transactions via your website or press release or other broad disclosure methods, Made Market may disseminate its own release to its constituents indicating the use of the Platform in association with said transaction with your express written consent. You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to your standard trademark usage guidelines as provided to us from time-to-time. We don’t want to list customers who don’t want to be listed, so you may send us an email to contact@dealreach.com stating that you do not wish to be used as a reference.

18. Accredited Investor Certification.

In order to participate in the Platform as an investor or lender, you must be an “Accredited Investor” within the meaning of Rule 501 of Regulation D (“Rule 501”) under the Securities Act of 1933, as amended (the “Act”) and you hereby represent and warrant that you are an Accredited Investor within the meaning of Rule 501, as presently in effect. The federal securities laws define Accredited Investor in Rule 501 to include the following categories of investors (among others):

19. Miscellaneous.

The ToS sets forth the entire understanding and agreement between the parties with respect to the subject matter herein (excluding the terms and conditions of any client agreement you may have entered into separately with Made Market). We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. You may not assign the ToS, or assign, transfer or sublicense your rights, if any, in the Platform. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. A failure to act with respect to a breach by you or others does not waive Made Market’s right to act with respect to subsequent or similar breaches. In the event that any provision or any portion of any provision of the ToS shall be held to be void or unenforceable, the remaining provisions of the ToS (and the balance of any provisions held void or unenforceable in part only) shall continue in full force and effect. If you do not agree with any part of these terms and conditions, or you have a dispute or claim against Made Market or its supplier or affiliates with respect to the ToS you should immediately refrain from using the Platform. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect.