Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Rocco FORINO CAPITAL WEBSITE and DealMaker Hub Platform, you agree to comply with and be bound by these Terms.
Please note: Section 15 of these Terms contains an arbitration clause and class action waiver that applies to all DealMaker Hub Members. If your country of residence is the United States, this provision applies to all disputes with DealMaker Hub. If your country of residence is outside of the United States, this provision applies to any action you bring against DealMaker Hub in the United States. It affects how disputes with DealMaker Hub are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last Updated: May 28, 2019
Thank you for using the DealMaker Hub Platform!
These Terms constitute a legally binding agreement (“Agreement”) between you, Rocco Forino Capital LLC and DealMaker Hub LLC (as defined below) governing your access to and use of the DealMaker Hub website, including any subdomains thereof, and any other websites through which DealMaker Hub makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “DealMaker Hub Services”). The Site, Application and DealMaker Hub Services together are hereinafter collectively referred to as the “DealMaker Hub Platform”.
When these Terms mention “Rocco Forino Capital,” “DealMaker Hub,” “we,” “us,” or “our,” it refers to the DealMaker Hub DealMaker Hub you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.
Any and all payment processing services through or in connection with your use of the DealMaker Hub Platform (“Payment Services”) are provided to you by one or more DealMaker Hub Payments entities (individually and collectively, as appropriate, “DealMaker Hub Payments”) as set out in the Payments Terms of Service (“Payments Terms”).
Entrepreneurs, Investment Funds, and Businesses alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and the veracity of its investment materials (as defined below).
In many states, business entities may have to register, get a permit or obtain a license before soliciting investments. Entrepreneurs, Investment Funds, and Businesses alone responsible for identifying and obtaining any required licenses, permits, or registrations prior to soliciting investments from investors. Certain types of business entities may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) on DealMaker Hub, you should always seek legal guidance.
Table of Contents
- Scope of DealMaker Hub Services
2. Eligibility, Using the DealMaker Hub Platform, Member Verification
3. Modification of these Terms
4. Account Registration
6. Membership Fees
7. Terms specific for Investment Entities
8. Terms specific for Investors
9. Prohibited Activities
10. Term and Termination, Suspension and other Measures
15. Dispute Resolution
16. Applicable Law and Jurisdiction
17. General Provisions
18. Changes to Agreement
1. Scope of DealMaker Hub Services
1.1 The DealMaker Hub Platform is an online deal flow network that enables registered users (“Members”) and certain third parties who seek equity investments (“Investment Entities”) to publish such equity investments on the DealMaker Hub Platform (“Listings”) and to communicate and transact directly with Members that are seeking to invest in such investment deals (“Investors”).
1.2 As the provider of the DealMaker Hub Platform, DealMaker Hub does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or investment Services. Investment entities alone are responsible for their Listings. When Investors make or invest an investment deal, they are entering into a contract directly with each other. DealMaker Hub is not and does not become a party to or other participant in any contractual relationship between Members, nor is DealMaker Hub a real estate broker, business broker or insurer. DealMaker Hub is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, DealMaker Hub has no control over and does not guarantee (i) the existence, quality, suitability, or legality of any Listings or Investment entity Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. DealMaker Hub does not endorse any Member, Listing or specific Service. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by DealMaker Hub about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to invest in a particular investment deal. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by DealMaker Hub of any Investment Entity or Listing.
1.4 If you choose to use the DealMaker Hub Platform as an Investment Entity (as defined below), your relationship with DealMaker Hub is limited to being independent and not an employee, agent, joint venturer or partner of DealMaker Hub for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of DealMaker Hub. DealMaker Hub does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Service. You acknowledge and agree that you have complete discretion whether to list your investment deal and engage in other business development activities.
1.5 To promote the DealMaker Hub Platform and to increase the exposure of Listings to potential Investors, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. DealMaker Hub cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The DealMaker Hub Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The DealMaker Hub Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. DealMaker Hub is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by DealMaker Hub of such Third-Party Services.
1.7 Due to the nature of the Internet, DealMaker Hub cannot guarantee the continuous and uninterrupted availability and accessibility of the DealMaker Hub Platform. DealMaker Hub may restrict the availability of the DealMaker Hub Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the DealMaker Hub Platform. DealMaker Hub may improve, enhance and modify the DealMaker Hub Platform and introduce new DealMaker Hub Services from time to time.
- Eligibility, Using the DealMaker Hub Platform, Member Verification
2.1 In order to access and use the DealMaker Hub Platform or register an DealMaker Hub Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither the Investment Entity nor Investor are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 DealMaker Hub may make access to and use of the DealMaker Hub Platform, or certain areas or features of the DealMaker Hub Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or other criteria.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the DealMaker Hub Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the DealMaker Hub Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the DealMaker Hub Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
- Modification of these Terms
DealMaker Hub reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the DealMaker Hub Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the DealMaker Hub Platform will constitute acceptance of the revised Terms.
- Account Registration
4.1 You must register an account (“DealMaker Hub Account”) to access and use certain features of the DealMaker Hub Platform, such as publishing a Listing. If you are registering an DealMaker Hub Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an DealMaker Hub Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your DealMaker Hub Account and your SNS Account at any time, by accessing the “Settings” section of the DealMaker Hub Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your DealMaker Hub Account and public DealMaker Hub Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) DealMaker Hub Account unless DealMaker Hub authorizes you to do so. You may not assign or otherwise transfer your DealMaker Hub Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your DealMaker Hub Account credentials and may not disclose your credentials to any third party. You must immediately notify DealMaker Hub if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your DealMaker Hub Account. You are liable for any and all activities conducted through your DealMaker Hub Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 DealMaker Hub may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your DealMaker Hub Account. For example, we may enable Members to link their DealMaker Hub Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to post Listings on behalf of other Members. These features do not require that you share your credentials with any other person. No third party is authorized by DealMaker Hub to ask for your credentials, and you shall not request the credentials of another Member.
5.1 DealMaker Hub may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the DealMaker Hub Platform (“Member Content”); and (ii) access and view Member Content and any content that DealMaker Hub itself makes available on or through the DealMaker Hub Platform, including proprietary DealMaker Hub content and any content licensed or authorized for use by or through DealMaker Hub from a third party (“DealMaker Hub Content” and together with Member Content, “Collective Content”).
5.2 The DealMaker Hub Platform, DealMaker Hub Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the DealMaker Hub Platform and DealMaker Hub Content, including all associated intellectual property rights, are the exclusive property of DealMaker Hub and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or the DealMaker Hub Platform, DealMaker Hub Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of DealMaker Hub used on or in connection with the DealMaker Hub Platform and DealMaker Hub Content are trademarks or registered trademarks of DealMaker Hub in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the DealMaker Hub Platform, DealMaker Hub Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the DealMaker Hub Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or 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 DealMaker Hub or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, DealMaker Hub grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the DealMaker Hub Platform and accessible to you, solely for your personal and non-commercial use.
5.6 DealMaker Hub may offer Investment entities or Communities the option of having professional photographers take photographs of their Listing, which are made available by the photographer to Investment Entities to include in their Listings with or without a watermark or tag bearing the words “DealMaker Hub.com Verified Photo” or similar wording (“Verified Images”). You are responsible for ensuring that your Listing is accurately represented in the Verified Images and you will stop using the Verified Images on or through the DealMaker Hub Platform if they no longer accurately represent your Listing, if you stop the investment listing, or if your DealMaker Hub Account is terminated or suspended for any reason. You acknowledge and agree that DealMaker Hub shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where DealMaker Hub is not the exclusive owner of Verified Images, by using such Verified Images on or through the DealMaker Hub Platform, you grant to DealMaker Hub an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. DealMaker Hub in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the DealMaker Hub Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the DealMaker Hub Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the DealMaker Hub Platform or you have all rights, licenses, consents and releases that are necessary to grant to DealMaker Hub the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or DealMaker Hub’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates DealMaker Hub’s Content Policy or any other DealMaker Hub policy. DealMaker Hub may, without prior notice, remove or disable access to any Member Content that DealMaker Hub finds to be in violation of applicable law, these Terms or DealMaker Hub’s then-current Policies or Standards, or otherwise may be harmful or objectionable to DealMaker Hub, its Members, third parties, or property.
5.9 DealMaker Hub respects copyright law and expects its Members to do the same. If you believe that any content on the DealMaker Hub Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
- Membership Fees
6.1 DealMaker Hub may charge fees to Investment Entities (“Fees”) (collectively, “Membership Fees”) in consideration for the use of the DealMaker Hub Platform. More information about when Service Fees apply and how they are calculated can be found on our Membership Service Fees Page
al Flow will not charge investors for use of the platform.
6.3 DealMaker Hub reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any listing made prior to the effective date of the fee change.
6.4 You are responsible for paying any Membership Fees that you owe to DealMaker Hub. The applicable Membership Fees (including any applicable Taxes) are collected by DealMaker Hub Payments.
6.5 DealMaker Hub and Rocco Forino Capital LLC may be asked to partake in an equity stake in the Investment Entity or Investment Deal and may invest in an investment entity or investment deal, at their own discretion.
- Terms specific for Investment Entities
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the DealMaker Hub Platform you must (i) provide complete and accurate information about your Investment Entity (such as listing description, location, investment fees and complete investment marketing material), (ii) disclose any deficiencies, restrictions and requirements that apply (such as) and (iii) provide any other pertinent information requested by DealMaker Hub. You are responsible for keeping your Listing information (including current capital raised) up-to-date at all times.
7.1.2 You are solely responsible for setting your own capital raising objectives, and to make your investment fees as clear as possible for investors to easily understand and review. 7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.3 Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your business or Investment Fund. DealMaker Hub reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
7.1.4 The placement and ranking of Listings in search results on the DealMaker Hub Platform may vary and depend on a variety of factors, such as Investor search parameters and preferences, investment requirements, investment specialty and geographic niche.
7.1.7 When an Investor shows interest in your investment deal please reciprocate interest and respond quickly and courteously as possible and answer any questions that may ultimately result in an investment in you deal.
- Terms specific for Investors
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by DealMaker Hub, you can view Listings available on the DealMaker Hub Platform by following the respective on-boarding process.
- Prohibited Activities
9.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the DealMaker Hub Platform. In connection with your use of the DealMaker Hub Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
• use the DealMaker Hub Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies DealMaker Hub endorsement, partnership or otherwise misleads others as to your affiliation with DealMaker Hub;
• use the DealMaker Hub Platform in connection with the distribution of unsolicited commercial messages (“spam”);
• offer, as an Investment Entity, any investment information that you do not yourself own or have permission to make available on the DealMaker Hub Platform;
• unless DealMaker Hub explicitly permits otherwise, post any Listing if you will not actually be seeking investments in your organization;
• contact another Member for any purpose other than asking a question related to a your own investment deal, Listing, or the Member’s use of the DealMaker Hub Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
• use the DealMaker Hub Platform to request, make or accept a booking independent of the DealMaker Hub Platform, to circumvent any Service Fees or for any other reason;
• request, accept or make any payment for Membership Fees outside of the DealMaker Hub Platform or DealMaker Hub Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold DealMaker Hub harmless from any liability for such payment;
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• misuse or abuse any Listings or services associated with the DealMaker Hub Platform.
• use, display, mirror or frame the DealMaker Hub Platform or Collective Content, or any individual element within the DealMaker Hub Platform, DealMaker Hub’s name, any DealMaker Hub trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the DealMaker Hub Platform, without DealMaker Hub’s express written consent;
• dilute, tarnish or otherwise harm the DealMaker Hub brand in any way, including through unauthorized use of Collective Content, registering and/or using DealMaker Hub or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to DealMaker Hub domains, trademarks, taglines, promotional campaigns or Collective Content;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the DealMaker Hub Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by DealMaker Hub or any of DealMaker Hub’s providers or any other third party to protect the DealMaker Hub Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the DealMaker Hub Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the DealMaker Hub Platform;
• export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.
9.2 You acknowledge that DealMaker Hub has no obligation to monitor the access to or use of the DealMaker Hub Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the DealMaker Hub Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist DealMaker Hub in good faith, and to provide DealMaker Hub with such information and take such actions as may be reasonably requested by DealMaker Hub with respect to any investigation undertaken by DealMaker Hub or a representative of DealMaker Hub regarding the use or abuse of the DealMaker Hub Platform.
9.3 If you feel that any Member you interact with, whether online or in person, 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 stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to DealMaker Hub by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
- Term and Termination, Suspension and other Measures
10.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or DealMaker Hub terminate the Agreement in accordance with this provision.
10.2 Without limiting our rights specified below, DealMaker Hub may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
10.3 DealMaker Hub may immediately, without notice, terminate this Agreement and/or stop providing access to the DealMaker Hub Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) DealMaker Hub believes in good faith that such action is reasonably necessary to protect the integrity and assets of DealMaker Hub, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
10.4 In addition, DealMaker Hub may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the DealMaker Hub Account registration, Listing process or thereafter, (iv) you and/or your Listings or investment entity at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or DealMaker Hub otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly failed to respond to investor inquiry requests without a valid reason, or (vii) DealMaker Hub believes in good faith that such action is reasonably necessary to protect the integrity and assets DealMaker Hub, its Members, or third parties, or to prevent fraud or other illegal activity:
• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
• cancel any pending or confirmed communications;
• limit your access to or use of the DealMaker Hub Platform;
• temporarily or permanently revoke any special status associated with your DealMaker Hub Account;
• temporarily or in case of severe or repeated offenses permanently suspend your DealMaker Hub Account and stop providing access to the DealMaker Hub Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by DealMaker Hub and an opportunity to resolve the issue to DealMaker Hub’s reasonable satisfaction.
10.5 When this Agreement has been terminated, you are not entitled to a restoration of your DealMaker Hub Account or any of your Member Content. If your access to or use of the DealMaker Hub Platform has been limited or your DealMaker Hub Account has been suspended or this Agreement has been terminated by us, you may not register a new DealMaker Hub Account or access and use the DealMaker Hub Platform through an DealMaker Hub Account of another Member.
10.6 Sections 5 and 11 to 17 of these Terms shall survive any termination or expiration of this Agreement.
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE DEALMAKER HUB PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-IN