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 an