Terms of Serivce
A legal disclaimer
Effective Date: September 5th, 2024
Welcome to the Marcellus Capital Advisors (MC Advisors) website. By accessing or using our services, you agree to comply with and be bound by these Terms of Service. Please read them carefully. If you do not agree to these terms, you must not use our services.
1. Acceptance of Terms
By using the services provided by MC Advisors, you agree to these Terms of Service and any additional terms applicable to specific programs or services, as may be updated from time to time. Your continued use of our services following any updates constitutes acceptance of those changes.
2. SMS Terms and Conditions
MGM at AMA: A campaign that covers multiple use cases such as Customer Care and Marketing to engage with our customers. Message frequency varies. Message and Data rates may apply. Reply HELP for help. Reply STOP to cancel. Carriers are not liable for any delays or undelivered messages.
3. User Opt-In and Messaging Program
MC Advisors uses SuperPhone for SMS/MMS communications to provide updates, promotions, and other information. By opting into our SMS/MMS program through online or application-based enrollment forms, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. Consent is not required to make any purchase from us.
- Message Frequency and Rates: Message and data rates may apply. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interactions with us.
- User Opt-Out: If you wish to opt-out of receiving messages, you can reply with "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "QUIT" to any mobile message from us. You may receive an additional message confirming your decision to opt out. These are the only reasonable methods of opting out of the program.
4. License and Restrictions
MC Advisors grants you a limited, revocable, non-exclusive, non-transferable license to use our website and services for your individual, enterprise, and limited commercial use. You agree not to:
- Resell, modify, reverse engineer, decompile, or disassemble the software or services provided.
- Use the services for any illegal purposes or to transmit material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene, or infringing on others' intellectual property rights.
5. Prohibited Conduct
You agree not to use the SuperPhone services in any illegal, abusive, or inappropriate manner, including but not limited to:
- Violating any law, regulation, or policy.
- Sending unsolicited or harassing messages (spam), including but not limited to unsolicited phone calls, SMS, or text messages.
- Transmitting sexually explicit, pornographic, obscene, or other objectionable content.
6. Privacy and Data Use
MC Advisors values your privacy. Any data collected through your use of the SuperPhone service, including phone numbers, emails, and social media contacts, will be used to provide the service in accordance with our Privacy Policy. We implement administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your data but cannot guarantee absolute security.
7. Indemnification
You agree to indemnify, defend, and hold MC Advisors and its affiliates harmless from any claims or liabilities arising from your use of the services or violation of these terms, including failure to notify us of a change in your mobile phone number.
8. Disclaimer of Warranties
MC Advisors provides its services on an "as-is" and "as-available" basis without any warranties of any kind. We do not guarantee that our services will be available at all times or that they will be free from errors or interruptions.
9. Limitation of Liability
To the fullest extent permitted by law, MC Advisors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of our services, even if we have been advised of the possibility of such damages.
10. Dispute Resolution and Arbitration
Any disputes arising out of or related to these Terms of Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. By agreeing to these terms, you waive the right to participate in a class action lawsuit.
11. Changes to the Terms of Service
MC Advisors reserves the right to update or modify these Terms of Service at any time without prior notice. Your continued use of our services following any such changes constitutes acceptance of the new terms.
12. Contact Information
If you have any questions or concerns about these Terms of Service, please contact us at:
Marcellus Capital Advisors, LLC
369 Lexington Ave, Suite 3109, New York, NY 10017
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By using our services, you acknowledge that you have read, understood, and agree to these Terms of Service.