These Terms of Service (the "Terms") govern your access to and use of the Fortify equipment finance origination platform (the "Platform") and any services provided by Malartu, Inc. ("Malartu", "we", "us", or "our"). By accessing or using the Platform or our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform or our services.
To use the Platform and our services, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using the Platform or our services, you represent and warrant that you meet these requirements.
To access certain features of the Platform or our services, you may be required to register for an account. You agree to provide accurate and complete information during registration and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account login credentials and for any activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.
You agree to use the Platform and our services in compliance with all applicable laws, rules, and regulations. You further agree not to:
a. Use the Platform or our services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair the Platform or our services.b. Upload, post, or transmit any content that is infringing, defamatory, offensive, or otherwise violates the rights of any third party.c. Attempt to gain unauthorized access to the Platform, other user accounts, or any systems or networks connected to the Platform.d. Interfere with or disrupt the operation of the Platform, our services, or any networks connected to the Platform.
All content and materials on the Platform, including but not limited to text, graphics, logos, and software, are the property of Malartu or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, and non-transferable license to access and use the Platform and our services for your personal, non-commercial use, subject to these Terms. Any unauthorized use, copying, or distribution of the Platform or our services is strictly prohibited.
The Platform may contain links to third-party websites or services that are not owned or controlled by Malartu. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. By using the Platform or our services, you acknowledge and agree that Malartu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
The Platform and our services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Malartu does not warrant that the Platform or our services will be uninterrupted, secure, or error-free, or that any defects will be corrected.
To the maximum extent permitted by applicable law, in no event shall Malartu, its officers, directors, employees, or agents, be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of, or inability to access or use, the Platform or our services; (b) any conduct or content of any third party on the Platform or our services; (c) any content obtained from the Platform or our services; or (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
You agree to defend, indemnify, and hold harmless Malartu, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Platform or our services, including any data or content transmitted or received by you; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; or (d) your violation of any applicable law, rule, or regulation.
These Terms shall be governed and construed in accordance with the laws of the state in which Malartu is incorporated, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the state in which Malartu is incorporated to resolve any disputes arising out of or relating to these Terms.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on our Platform. It is your responsibility to review these Terms periodically for any changes. Your continued use of our Platform and services after any modifications to these Terms will constitute your acceptance of such changes.
We may terminate or suspend your access to the Platform or our services at any time, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Platform and our services will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
If you have any questions or concerns about these Terms or our services, please contact us at:
Malartu, Inc.
310 S Harrington St
Raleigh, NC 27603
support@fortifypay.com