IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.
The Services are intended for use only by individuals and legal entities (such as small businesses, cooperatives, associations and membership organizations), based in the United States, that can form legally binding contracts under applicable law. If you do not satisfy the foregoing, you may not use any of the Services. By using any of the Services, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract (if you are an individual), or that you have been duly authorized by your corporation, partnership, or other legal entity, to enter into agreements on behalf of that entity (if you represent a legal entity).
1. Momentus Securities Reserves the Right to Revise this Agreement. We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this Site or the websites of our related or affiliated entities. Your continued use of this Site following such notice shall be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
2. Momentus Securities May Revise or Terminate Any Part of the Services at Any Time. We reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the Services, with or without notice and in its sole discretion. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that neither Momentus Securities, its partners nor its affiliates shall be liable to you for any modification, general suspension or discontinuance of any Services. Momentus Securities may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time.
3. Acceptable Use of the Services. In order to use the Services, you must obtain access to the World Wide Web directly or through devices that access web-based content and pay any and all service fees associated with such access.
(a) Individual Use. You agree that you are only authorized to visit, view and to retain a single copy of pages of this Site solely for your own individual use, and that you shall not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless otherwise specifically authorized by Momentus Securities. We post legal notices and various credits on pages of this Site, which may not be removed even in your permitted copy. You shall not remove these notices or credits, or any additional information contained along with the notices and credits.
(b) Deep Links. You shall not “deep-link” to this Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of this Site for any purpose, unless specifically authorized by Momentus Securities to do so.
(c) Framing and Inlining. You shall not frame or inline (framing without a border around the framed content) this Site, meaning that you will not display of the contents of this Site on another web page without our express permission.
(d) Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. Momentus Securities reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Services.
(e) Accurate Information. You may be required to log-on or register in order to access and use some areas of our Site. You agree to provide certain current, complete, not misleading, true and accurate information as required to complete the registration form and at other points as may be required in the course of your using the Services. You agree not to use a false or misleading name or a name that you are not authorized to use.
(f) Account Passwords. If applicable, you will be able to access certain portions of this Site as a “Registered User” of the Services. As a Registered User, you will receive or establish one or more passwords and accounts. Maintaining the confidentiality and security of your password and account is solely your responsibility. Do not divulge your password to anyone else, and do not use anyone else’s password or account. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that Momentus Securities will not be responsible for any losses incurred in connection with any misuse of passwords. If we have reasonable grounds to suspect that the security of your password has been compromised, we retain the right to suspend or terminate your account, refuse any and all current or future use of the Services, and pursue any appropriate legal remedies.
(g) You Are Responsible For All of Your Activities and All of The Content You Post or Submit. You are responsible for your communication content and transmissions. You represent and warrant that any information you post or provide to Partners Momentus Securities by means of the Services, including, without limitation, as part of any registration or application or to gain access to any Services, is true, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services including, without limitation, any content in any personalized areas of this Site, may be used only for its intended purpose. We expect that you will exercise caution, good sense and proper judgment in using the Services. You agree NOT to use the Services for, or in connection with, any of the following activities:
Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of Capital Impacts Partners personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;
E-mailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content; and
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines, including without limitation, via means of submitting a virus to the Services, that are intended to damage, destroy, disrupt, overload, flood, mailbomb or crash or otherwise impair a computer’s functionality or the operation of Momentus Securities’ (or anyone else’s) Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate Momentus Securities’ rules or policies.
(h) Do Not Violate Third Party Intellectual Property Rights. Without limiting the foregoing, you may not, and by using any or all of the Services you agree not to, use the Services to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, any applications or registrations relating to such rights, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, the waiver of moral rights and similar rights.
(i) Ownership. All content, materials and software posted to or used in conjunction with the Services including, without limitation, text, graphics, logos, button icons, images, audio clips, and software included in the Services, are the property of Momentus Securities, its partners, affiliates or licensors and are protected by U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on this Site is the exclusive property of Momentus Securities, its partners or affiliates and is protected by U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of Momentus Securities and any other applicable copyright owner. You also may not resell the Services (or any part thereof). You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Services. All rights not expressly granted hereunder are expressly reserved to Momentus Securities. We reserve the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party’s copyright or other intellectual property rights. If you believe your rights under applicable copyright laws are being infringed, you may notify our Webmaster by email at [firstname.lastname@example.org], by phone at [646 989 1120] or via our online Contact Us form.
(j) Spidering. The use of any tools, programs, robotic algorithms or products to automatically download or “spider” the site or any of the pages of the site is expressly prohibited and infringes on Momentus Securities, its partners’ or affiliates’ copyrights. Do not use any such tools or products on or in connection with the Services!
(k) Trademarks. [www.momentussecurities.com] is a trademark of Momentus Securities. The “look and feel” of this Site is also Momentus Securities’ trademark and proprietary trade dress. This includes Momentus Securities’ color combinations, button shapes, layout, and all other graphical and navigational elements. This Site contains other registered and common law trademarks of Momentus Securities in addition to those listed.
4. Compliance with Laws. You may use the Services only for lawful purposes. The Services are subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws, including without limitation, industry-specific regulations and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization therefore from Momentus Securities.
5. Your Access to Certain Services. You understand that certain Services on this Site may include materials and information from third parties, and you acknowledge and agree that Momentus Securities has minimal control over such information. Accordingly, Momentus Securities cannot and does not guarantee, represent or warrant that the content contained in this Site is accurate, appropriate to you, and/or inoffensive.
6. Momentus Securities is Not Responsible for Your Choice to Do Business with Any Third Party. Although Momentus Securities may specifically endorse third parties to provide certain business services to you, you shall have sole responsibility for evaluating and determining which third parties with which you shall transact business and otherwise interact, and which third parties are authorized to do business with you. You further agree that the specific terms and conditions of your transactions with third parties that are initiated by or through the Services shall be as determined by you and such third parties. We may endorse these third parties but we do not control the quality, accuracy, timeliness, completeness, pricing, delivery terms, regulatory compliance, contract terms or legality of the services offered by any such third parties or any emails or other communications transmitted using any of the Services. Momentus Securities encourages Users electing to purchase or use third party services or products to review the terms of the agreements with those third parties. If you are not satisfied with the services or products provided by third parties, you should contact the third parties directly. Neither Momentus Securities, its partners or affiliates are liable for any of the contents, advertising, products, or other materials or services on or available from such third parties, or any sites or resources. THERE ARE RISKS OF DEALING ACROSS STATE OR NATIONAL BORDERS AND WITH PERSONS ACTING UNDER FALSE PRETENSES. YOU AGREE THAT NEITHER MOMENTUS SECURITIES, ITS PARTNERS OR AFFILIATES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS BETWEEN YOU AND ANY THIRD PARTY.
7. Hypertext Links/Links to Third-Party Sites. The hypertext links or pointers displayed throughout the Site and related sites are provided for your convenience, are not within our control and may not follow the same privacy, security, or accessibility standards as ours. Momentus Securities does not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, Momentus Securities is not responsible for the availability of outside sites, and does not endorse and is not liable for any content, advertising, products, or other materials on or available from these sites.
8. News Releases. We maintain Momentus Securities, our affiliate and subsidiary news releases on this site for archival purposes. Our news releases are believed accurate as of the date they are issued; however, they may become outdated over time, and should not be relied on as factually correct after their issue date.
9. Services Relating to Financial Matters. You may choose to create or join any service, or receive or request any news, messages, alerts or other information via the Services concerning companies, stock quotes, investments or securities. Any such Services provided are for informational purposes only, and no content included in the Services is intended for trading or investing purposes. Momentus Securities shall not be responsible or liable for the accuracy, timeliness, usefulness or availability of any information transmitted via the Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
10. Disclaimer of Warranties and Limitation of Liability. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED “AS IS” “AS AVAILABLE”. MOMENTUS SECURITIES AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE. MOMENTUS SECURITIES AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, MOMENTUS SECURITIES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS SITE AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL MOMENTUS SECURITIES BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND MOMENTUS SECURITIES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
MOMENTUS SECURITIES AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, MOMENTUS SECURITIES AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN SITE, ANY INCOMPATIBILITY BETWEEN THE SITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND MOMENTUS SECURITIES AND ITS AFFILIATES’ CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING MOMENTUS SECURITIES RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MOMENTUS SECURITIES, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE 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.
11. Indemnity of Momentus Securities . You agree to indemnify and hold Capital Impact (including without limitation our agents, employees, officers, directors, subsidiaries, parent and affiliated companies) harmless, and, at Momentus Securities’ request, to defend Capital Impact Partner from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) any and all of the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other of your activities relating to your use of this Site and the Services. This indemnity shall be in addition to and not limited by any other indemnity.
12. Order of Precedence. This Agreement governs your use of this Site and access to the Services. This Agreement does not modify, alter or amend any other agreement you have entered or will enter into with Momentus Securities or any of its related or affiliated entities. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Services on this Site, conflicts with any provision of your other agreements with Momentus Securities or any of its related or affiliated entities, the terms of such other agreement, shall, as to the subject matter of that other agreement, take precedence over the conflicting term(s) of this Agreement.
13. Dispute Resolution. Except with respect to violations of Momentus Securities’ intellectual property or proprietary rights and our right to bring an action in court to collect monies due, and except with respect to suits brought against Momentus Securities by third parties, you acknowledge and agree that any dispute involving Momentus Securities shall be settled by arbitration in [New York, New York] in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that Momentus Securities may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of Momentus Securities pending the completion of arbitration.
14. Miscellaneous Terms. We reserve the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party’s copyright or other intellectual property rights. If you believe that your materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement:
[Attention: Chief Compliance Officer 1350 Broadway, Suite 2320, New York, NY 10018]
BY ACCESSING OR USING THE SERVICES, YOU INDICATE AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND ALL OF THE FOREGOING TERMS AND CONDITIONS.
Momentus Securities is a FINRA-member broker/dealer that offers a range of financial products and services to support its mission of connecting mainstream capital sources and impactful investment opportunities.