These Mammoth Technology Site Terms of Use and Service (“Terms”) govern access to and use of the Mammoth Technology (“Mammoth,” “we” or “us”) website (“Site”) and (“Services”), along with those of its affiliates, made available by Mammoth. By accessing the Site and/or using the Service you acknowledge that you have read and agree to be bound by these Terms and agree to comply with all applicable laws and regulations.

If you do not agree to these Terms, please do not use this Site or any applications. 

If you or your affiliated entity is provided a long-in ID and password or otherwise subscribes to certain content or Services on this Site, then all legal notices of that account and/or those Services shall supplement these Terms.

This Site is owned and operated by Mammoth Admin & Tech, LLC dba Mammoth Technology. All right, title and interest in and to the materials provided on this Site including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed either by Mammoth Technology or by our parent company, affiliates, respective third-party authors, developers, or vendors. Except as may be expressly stated on the Site or in these Terms, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of Mammoth’s intellectual property rights. You acquire absolutely no rights or licenses in or to the Site or the Materials, other than the limited right to use the Site for your own personal, internal and non-commercial purposes in accordance with these Terms.

This Site, the Services and content is intended only for professionals in the financial services marketing.  It is not and should be construed as investment, financial, legal or other advice of any kind.  Nothing on this Site should be regarded as an offer or solicitation to buy, sell or otherwise deal in any investment or any securities. We do not make recommendations on any investment opportunity. We are not a law firm; we do not provide legal advice and there is no attorney-client relationship between you and Mammoth, or any employee or other person associated with Mammoth. You should consult with your own advisors for any financial, investment, tax, legal, compliance or other advice.

Mammoth makes no representation that content or materials in the Site or Services is appropriate or available for use in jurisdictions outside the United States. Access to the Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Site or Services from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. You may not use or export the content or materials in the Site or Services in violation of U.S. export laws and regulations. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Mammoth maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

We may access, preserve, or share any of your information when we believe in good faith that such sharing is reasonably necessary to investigate, prevent, or act regarding possible illegal activities or to comply with legal process. We may also share your information in situations involving potential threats to the physical safety of any person, violations of the Mammoth Privacy Policy or our user agreements or Terms; or to respond to the claims of violation of the rights of third parties and/or to protect the rights, property and safety of Mammoth, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts and/or other organizations.

By merely providing access to the Site or Services, Mammoth does not warrant or represent that: (a) the content is accurate, complete, up-to-date or current; (b) Mammoth has any obligation to update any content; (c) the content is free from technical inaccuracies or typographical errors; (d) that the content does not infringe on the intellectual property rights of any third party; (e) that the content is free from changes caused by a third party; (f) your access to the Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Site is accurate or complete.

You may view, copy, or print pages from the Site solely for personal information and non-commercial purposes provided that (i) the copyright and trademark notice appearing below appears in such materials, (ii) the materials are not used on any other Site nor in a networked computer environment and (iii) the materials are not modified in any way. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from the Site without the express, prior, written consent of Mammoth.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. YOU HEREBY ACKNOLWEDGE THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF TITLE, MARCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

MAMMOTH’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND/OR ANY SERVICES SHALL BE THE CANCELLATION OF YOUR ACCOUNT WITH MAMMOTH. IN NO EVENT WILL MAMMOTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR ANY SERVICE, YOUR ACCOUNT AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH YOUR ACCOUNT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE AND/OR ANY SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS MAMMOTH’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

MANDATORY ARBITRATION, WAIVER OF JURY TRIAL

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before these Terms or any prior; and claims that may arise after the termination of these Terms.

If you have any dispute with us, you agree that before taking any formal action you will contact us at hello@mammothtechnology.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an Account). Except for intellectual property, you and Mammoth agree to use their reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation with Mammoth, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration.

If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided below) subject to these Terms set forth below. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in a court of competent jurisdiction.

No Jury Trial.

EACH OF THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVES THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, ARISING OUT OF, OR RELATING TO THESE TERMS, THE PLATFORM AND MAMMOTH TECH SERVICES.

Venue.

Arbitration shall be initiated and take place in Allen County, Indiana, United States, and you and Mammoth agree to submit to the personal jurisdiction of any federal or state court in Allen County, Indiana in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Exception:  Litigation of Intellectual Property. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). 

This Mandatory Arbitration and Waiver of Jury Trial section shall survive any termination of your use of the Site and/or Services.

SECURITY AND RESTRICTIONS ON USE

You are prohibited from violating or attempting to violate the security of the Site. You are responsible for maintaining security and confidentiality of your computer, network, account and account login information.  You agree to immediately notify Mammoth of any unauthorized use.

In connection with use of the Site and all its content and/or use of the Services, you agree to: comply with all applicable laws, statutes, ordinances, rules and regulations; refrain from interfering with or disrupting the computer network of Mammoth; not download, upload, post, transit, publish or distribute any content or Materials that infringes, violates, breaches or otherwise imposes upon the rights of Mammoth or any third party; interfere with or disrupt the use of the Site by any other customer, or probe, scan, or test vulnerability of the Site. You agree that unless provided otherwise in a service agreement between Mammoth and you, you are prohibited from creating derivative works from the Site content and from using the Site content in the provision of any services to third parties. 

The Site may link to websites of third parties and Mammoth is not responsible for the content of any linked website nor does a link imply that Mammoth endorses the content or use of such a website.

MISCELLANEOUS

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Mammoth’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the Mammoth Privacy and Cookie Policy along with your Service Legal Agreement, if any, are the entire agreement between you and Mammoth with respect to your use of the Site and/or Services and your User Account, and supersede all prior communications and prior agreements, whether written or oral.

At any time, we may, without further notice, make changes to the Site, to these Terms and/or to the Services. We will post the revised terms on the Platform with a “last updated” date. Please review the Site on a regular basis to obtain timely notice of any revisions. If you continue to use the Site and/or Services after revisions are effective, you agree to be bound by the revised Terms.  If you have any questions about these Terms, please contact us at hello@mammothtechnology.com.

Please review the Privacy and Cookie Policy, which also govern your use of and access to this Site.

Electronic Communications

The communications between you and Mammoth use electronic means, whether you use the Site or send us emails, or whether Mammoth posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Mammoth in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Mammoth provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

HOW TO CONTACT US

If you have any questions about the Platform or Terms, Mammoth Tech Services, complaints, or other inquiries, please write to us at hello@mammothtechnology.com or call us at (800) 618-2299. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Ste N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Address:  9121 Illinois Road, Suite 51B, Fort Wayne, IN 46804.

Phone: 800-618-2299.

Email:  hello@mammothtechnology.com.

Last Updated July 7, 2023.