TERMS OF SERVICE
Welcome to Middle Point,
Middle Point is a web application platform that encourages users to find a market mentor to accomplish their investment goals. You can register on our platform as a user or as a mentor. As a market mentor, you are responsible for establishing a close-intimate relationship with the users by guiding them in every step of the way. (hereinafter referred to as the “Services”)
1.ACCEPTANCE OF THE TERMS OF SERVICE
By accessing or using our Site, creating an account, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
i. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the Website.
ii. You are of sound mind and at least of such minimum legal age as per the laws of the State where you reside in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access or make purchases on the Site.
iii. We must not have previously disabled your account for violation of law or any of our policies.
v. You acknowledge and understand that none of the Mentors registered on our platform are financial advisors. All the content posted by such Mentors, or any advice provided by them to the individual investor is merely for educational and/or information purposes. Please read the Disclaimer statement posted on the Site.
2. ACCOUNTS, PASSWORDS AND SECURITY
a) Account: To access various parts of the Site, and to avail various services, including without limitation, you are required to register and create an account with us on our Site either as a user or as a Mentor. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account.
c) Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. If you share your login credentials with any third-party, then we reserve the right to immediately terminate your account without any refunds.
d) Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services.
e) Information Verification: When you register for an account and from time to time thereafter, your account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and other details provided by you. You authorize Middle Point, directly or through third parties, to make any inquiries necessary to validate your identity, information and details, subject to applicable law.
f) No Selling: You are expressly prohibited from selling or transferring or gifting your account to any other person, without our prior written consent.
3. USE OF THE SITE, YOUR RIGHTS AND RESPONSIBILITIES
i. Allowed uses, your rights and responsibilities:
a) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the Site.
b) Information: Whenever prompted, you must provide us with the correct, accurate and updated information.c) Follow Mentors: Users have the option to ‘free follow’ the Mentors, as well as the option to ‘premium follow’ the Mentors, to receive free as well as premium conte updates from such Mentors. However, as a user, you cannot post photos, videos, posts or stories. You can merely comment on the posts of the Mentors or direct message them.
d) Community Guidelines: While posting any information or content on the Site, and while interacting with other users or Mentors, as the case may be, you must strictly comply with our Community Guidelines, in addition to these Terms.
e) Material: For the purposes of these Terms, “material” shall mean any text, video, sound material, content, published on the Site, whether a copyright of Middle Point, Mentors, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Site. You must not reproduce any part of the Site or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
ii. Restricted uses:
a) You cannot use our Site or purchase our services for the purpose of resale;
b) You must not misuse or interfere with the Services or Site or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us.
c) You must not:
republish material from this Site;
sell, rent or sub-license material from the Site;
show any material from the Site in public without our consent;
edit or otherwise modify any material on the Site (other than editing your own information as per the method provided);
reproduce, duplicate, copy or otherwise exploit material on our Site for a commercial purpose; or
redistribute material from the Site, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party;
We reserve the right to restrict your access to any areas of our Site, or indeed our whole Site, at our discretion
d) You must not use our Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
e) You must not use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
f) You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site, without our express written consent.
In case of your violation or non-compliance of any of the terms mentioned in this Terms of Service, we reserve the right to suspend or terminate your account or your access to the Site or our services, at our sole discretion. In such cases, users will not be entitled to receive any refund for the unutilized portion of their subscription.
4. CONFIDENTIALITY OF INFORMATION
5. OWNERSHIP RIGHTS
Our Site, its logos, its content, designs, trademarks, trade dress, trade name, all of our services, features and functionalities, shall remain the sole property of the Middle Point, Mentors, and/or our licensors, as the case may be. Your use of or access to this Site or availing of our services or the subscription of our Mentors shall not in any way transfer or assign to you any ownership or other proprietary rights in or to our Site, services, any content, designs, published by us or our licensors or third parties. This Site, and the Content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Site are the exclusive property of, or are licensed to the Middle Point and are protected. No use of a trademark, trade dress, trade name or design appearing on this Site may be made without the prior written permission of the Middle Point.
6. YOUR RIGHTS
a) Your content is yours: Mentors can post content on the platform in the form of information or details in their profiles, posts/content shared by them, and content exchanged during their interaction with users. Similarly, users may share content by creating their profile, commenting on the Mentor’s posts, and content exchanged during their interaction with the Mentors. The content posted by the you (either as a Mentor or as a User) on the Site, may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
b) License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.
с) Description of License: Specifically, when you share content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your content on any part of the Site. We retain the right to display the same at our own discretion. For example, if we find it defamatory, misleading or false, we might not display the same or remove it later.
d) Terminating the License: You can end this license for specific content by deleting such content from our Site, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
e) You may share it with others: Since you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, at your sole discretion.
7. CONTENT POSTED BY OTHER MENTORS/USERS
While using our Site and our services, you may encounter content or information that are posted by other Mentors and users of the Site. Therefore, there is a likelihood that such information or content be risky, inaccurate, incomplete, delayed, misleading, illegal, offensive, unsafe, or otherwise harmful. Middle Point generally does not review the content posted by Mentors or users, and expressly disclaim all warranties and liabilities in this respect. Please read the Disclaimer statement posted on the Site for more information.
8. RELATIONSHIP WITH MIDDLE POINT
Middle Point merely makes the Platform and Services available to enable Mentors and users to find, interact and transact directly with each other. Middle Point does not introduce Mentors to users, or select Mentors for users. Users are responsible for evaluating and determining the suitability of any Mentor or their services on their own. If user decides to avail the services of a Mentor, the service contract is directly between the users and the Mentors, and Middle Point is not a party to that service contract.
10. LINKS TO THIRD-PARTY SITES AND AFFILIATES
11. SUBSCRIPTION, PAYMENTS AND TAXES
Mentors on Middle Point offer a monthly subscription for its followers. Users shall be responsible to pay for this service should they decide to avail it. Users shall be responsible to borne all the applicable taxes and bank charges (wherever applicable) for such purchase. The service employs the use of third-party payment gateway service provider, namely, Stripe, for the purpose of facilitating payments. The Mentors are free to modify the prices of their monthly subscriptions, add or discontinue any of the content or post or services offered by them. There are no refunds, partial or otherwise for any monthly subscription of the Mentor purchased by the users.
If you start a subscription of any Mentor, and decide not to continue with the service, you can cancel the subscription within a period of 7 (seven) days from the date when the subscription was availed by you for a full refund. The refund will be credited in your original method of payment and will involve only the amount that was actually paid by you (excluding any discounts). The refund may take up to a period of 7-10 business days to reflect in your account. We reserve the right to deny your cancellation & refund request if we believe (in our sole discretion) that you are exploiting our refund policy.
13. SERVICE FEE OF MIDDLE POINT
a) Free Account: There are no fees or charges for creating an account on Middle Point for either the user or the Mentor.
b) Own Prices: Mentors are entitled to set their own prices for their monthly subscription.
c) Service Fee: Middle Point charges Mentors 20% as its service fee on the price of their monthly subscription as availed by the users on Middle Point (Hereinafter referred to as the “Service Fee”).
d) Automatic Withdrawal: We understand how important your revenue is to you, and this is why we don’t want you wait for a very long period of time to receive the funds earned by you from your users/subscribers. This is why on Middle Point, the funds (after deducting our Service Fee) are automatically transferred to your bank account after a hold up period of 21 (twenty-one) days, provided no complaint or dispute or refund request is raised by the users against you or your services or content within this period.
e) No Withdrawal Fee: Middle Point does not charge any withdrawal fee for the withdrawals by the Mentors. However, you might be subject to a charge or conversion fee or landing fee based on the rules of your country and the bank.
f) Withdrawal Restriction: For security concerns, Middle Point may temporarily disable Mentor’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users or breach of other terms and conditions of Middle Point.
g) Taxes: Mentors are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Mentors represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.
h) Refunds: If we refund the subscription fee paid by the user for any reason, you will also not be paid in such case for such subscription.
14. LIMITATION OF LIABILITY
a) To the maximum extent permitted by law, in no event shall Middle Point (or our Mentors, employees, members, licensors or affiliates) be liable to you or any third party for any costs of procurement of substitute services, financial loss, loss of investment, business loss, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms, content posted by the Mentors on the Site, user’s interaction with the Mentors, or your use of our services, or your inability to use or purchase from, the Site, even if Middle Point has been advised of the possibility of such damages. Access to, and use of, the Site, and our services is at your own discretion and risk, and you will be solely responsible for any damage to your business or money.
b) To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount paid by you to us in the last 6 (six) months. The existence of more than one claim will not enlarge this limit.
15. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Middle Point or its Mentors, or owners, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
You acknowledge to defend, indemnify and hold Middle Point, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
a) Your violation of ours or any third-party right;
b) Your wrongful or improper use of our services;
c) Your violation of any applicable laws, rules or regulations;
d) Your violation of these Terms or any other policy of Middle Point as associated with our services;
e) The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
17. GOVERNING LAW AND DISPUTE RESOLUTION
i. Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of State of Florida (USA).
ii. Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate State or Federal courts locate in the Doral, Florida (USA).
iii. Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND MIDDLE POINT ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND MIDDLE POINT, SHALL BE RESOLVED BY A JUDGE.
iv. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USERS.
v. Disputes between users and Mentors: You understand and acknowledge that Middle Point is a mere facilitator between users and the Mentors on the Site, and we in no way are responsible for the content, message, advice, action or conduct of any of our users or Mentors. Therefore, if you have any claim or dispute against any other user or Mentor or their content or message or advice or action or conduct, you undertake to take it up directly with the concerned user or Mentor, as the case may be. Middle Point shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that any other user or Mentor has violated our Terms, applicable law, or any other policy of Middle Point, you can file your complaint at firstname.lastname@example.org, and we will take necessary action in accordance with our policies and applicable law.
When you use the Site or send emails to Middle Point, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Site. Middle Point will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to email@example.com.
i. Reservation of Right: We reserve the right to review any content or message posted on our Site by the users or the Mentors, and to delete, remove, restrict or modify such content or message, if the same violates any of our terms or any applicable law.
ii. Non-circumvention: Mentors are expressly prohibited from circumventing or attempting to circumvent Middle Point’s service fees model by taking the users and providing them services outside of Middle Point. This will lead to your account at Middle Point getting temporarily or permanently disabled along with the forfeiture of any amount receivable by you from Middle Point.
iii. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
iv. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
v. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend or terminate your account, and/or stop you from availing any further services from us, at our sole discretion. In such case, you will not be refunded for the unutilized portion of your subscription either.
vi. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
vii. Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Middle Point and you or any other party be deemed to modify any provision of these Terms.
viii. Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.
ix. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
x. No Assignment: You may not assign these Terms of Service (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Middle Point, which may be withheld at Middle Point’s sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void.
xii. Force Majeure: Middle Point, its employees, and its affiliates will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
xiii. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
20. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
Name: Samuel Garcia
Postal: 5955 NW 105TH CT DORAL FLORIDA 33178
21. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: firstname.lastname@example.org.
Last updated on _____06-13-2022_____.