Martin, a trading name of ConsultMates, Inc. (hereinafter collectively referred to as “Martin”, “we” or “us”) provides services through the website located at www.martin.ai and related software and services, including those on other Third Party Services (collectively, the “Platform”).
By using the Martin Platform, you agree to comply with and be legally bound by these Terms of Service (“Terms”).
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE PLATFORM. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM.
In these Terms, “you” and “your” refer to the individual or entity that uses the Martin Platform. “We”, “us”, or “our” refer to Martin.
Martin reserves the right, at its sole discretion, to modify the Martin Platform or to modify these Terms, including the Service Fee (as defined below). If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. In addition, Existing Users will be notified of changes with 30 days notice via email or Facebook Messenger, depending on whichever one they used to sign up to Martin. By continuing to access or use the Platform after we have posted a modification on the Site, or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Martin Platform is intended solely for persons who are 18 or older. Any access to or use of the Platform by anyone under 18 is expressly prohibited. By accessing or using the Platform you represent and warrant that (i) you agree to be bound by these Terms and (ii) that you are 18 or older and able to form legally binding contracts.
As a condition to using our Service, User may be required to register with Martin either directly or via Third Party Service Providers (Facebook, Twitter, Linkedin or others). User should provide Martin with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. Martin reserves the right to refuse registration of, or cancel a Martin user in its discretion. User shall be responsible for maintaining the confidentiality of their Martin account information.
Martin may change, suspend or discontinue the Services at any time, including the availability of any feature, database or content. Martin may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform. In connection with your use of our Platform, you may not and you agree that you will not:
Martin will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Martin may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Martin has no obligation to monitor your access to or use of the Platform or to review or edit any User Content, but has the right to do so for the purpose of operating the Platform, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Services provided by Martin currently do not have a fee.
Martin reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. Martin may also, in the future, offer new services and/or features through the Platform (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Subject to your compliance with the these Terms, Martin grants you a limited, non-exclusive, non-transferable license, to access and use any Martin Services. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or User Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Martin or its licensors, except for the licenses and rights expressly granted in these Terms.
The Platform may contain links to third-party websites or resources. You acknowledge and agree that Martin is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Martin of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Martin respects copyright law and expects its users to do the same. It is Martin’ policy to terminate inappropriate circumstances the Martin Accounts of Users who infringe or are believed to be infringing the rights of copyright holders.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Platform and (b) deactivate or cancel your Martin Account. You may cancel your Martin Account at any time by contacting Martin.
IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. THE PLATFORM AND USER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MARTIN EXPLICITLY DISCLAIMS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MARTIN MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MARTIN OR THROUGH THE PLATFORM OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM REMAINS WITH YOU. NEITHER MARTIN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PLATFORM OR USER CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY OR WHETHER OR NOT MARTIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, indemnify, and hold Martin and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org
In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to Martin.
These Terms are intended to govern the agreement between Martin and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
These Terms constitute the entire and exclusive understanding and agreement between Martin and you regarding the Platform, User Content and any Profiles, Consultations or Projects made via the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Martin and you regarding the same.
The failure of Martin to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Martin. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Martin at:
Mail: 1311 Vine Street, Cincinnati OH 45202 United States of America