Thanks for your interest in using the Minimum Fundable Company Test ("MFC Test"). Please review the following Terms of Service, which will govern your registration with and use of the MFC Test.
By using the MFC Test, you agree to the terms and conditions ("Terms of Service") contained in this document (the "Agreement") as well as to the terms of the MFC Test Privacy Policy, which is available at www.mfctest.com/privacy/. You agree to accept these Terms of Service electronically. If you do not want to be bound by these Terms of Service, then you may not make use of the MFC Test.
"Content" means all information and content available on the MFC Test (if uploaded by MFC Test, "MFC Test Content", and if uploaded by a User, "User Content") and its "look and feel", including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video sequences, data compilations and software, and the compilation and organization thereof.
"Funding Quest" means Funding Quest, LLC, a Washington limited liability company, 6523 California Ave SW, PMB 322, Seattle WA 98136 USA, which is the provider of the MFC Test.
"MFC Test" refers to the MFC Test questionnaire website, and includes any and all Content thereon and services provided by MFC Test on or in conjunction with the MFC Test website.
"User" shall mean any user or person who interacts with the MFC Test Content or User Content via the MFC Test.
The MFC Test provides resources and tools to entrepreneurs, investors, service providers, mentors, and others seeking to evaluate the investment potential of early stage companies. We have built the MFC Test to meet the needs of entrepreneurs. Funding Quest does not review or verify any User content, and does not and cannot guarantee that any User content is accurate or complete.
In order to use the MFC Test, you must use one of the supported Internet browsers. Additionally, you are required to register your User information with MFC Test. Funding Quest does not provide Internet access to use the MFC Test, and you are responsible for all fees associated with your Internet connection.
Users may upload information and answer questions about a business, including information considered confidential.
Notwithstanding the above or anything to the contrary set forth in the Terms of Service, Funding Quest shall have the absolute and unlimited rights to reject any User, to terminate the account of any User, or to delete any User Content.
The use of the MFC Test is provided free of charge.
Subject to the terms of these Terms of Service, which constitute the agreement between Funding Quest and you, the User, Funding Quest grants to you a non-exclusive, revocable, non-transferable license to use the MFC Test. All right, title, and interest in and to the MFC Test (excluding User Content) is and will remain the exclusive property of Funding Quest and/or its licensors.
In order to access and use the MFC Test, you must register for an account with a valid email address or social media account. If you are under the age of 18, please do not sign up for an account.
During your registration you will set your account access login and password. You are responsible for maintaining the confidentiality of this information and are responsible for any and all activities and postings that are made using your account.
Please notify Funding Quest immediately if you suspect that an unauthorized person has accessed your account. Should you misplace or forget your password, please click on the "forgot password" link. If you continue to have problems, please contact our technical support staff at info@mfctest.com
You agree to use the MFC Test only as provided for in these Terms of Service. You also agree not to use the MFC Test in any way that is in conflict with the law in your jurisdiction. Further, you may not use the MFC Test for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of a User's privacy, or in violation of any other person's intellectual property rights.
In general, as a condition to your continued use of the MFC Test, you agree that you will not use the MFC Test for any purpose that is unlawful or prohibited by these Terms of Service. In the access or use of the MFC Test, you shall comply with these Terms of Service and the special warnings or instructions for access or use posted on the MFC Test. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the MFC Test or any MFC Test Content or services that may appear on the MFC Test and you may not impair in any way the integrity or operation of the MFC Test. Without limiting the generality of any other provision of these Terms of Service, if you negligently or willfully default in any of the obligations set forth in these Terms of Service, you shall be liable for all the losses and damages that this may cause to Funding Quest, our affiliates, partners or licensors.
By way of example, and not limitation, you agree not to:
Post, transmit, or otherwise make available through or in connection with your use of the MFC Test any personally identifiable information of another individual, without the prior consent of such individual.
Use the MFC Test for any fraudulent or unlawful purpose.
Use the MFC Test to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or to harvest or collect information about Users of the MFC Test.
Interfere with or disrupt the operation of the MFC Test or the servers or networks used to make the MFC Test available; or violate any requirements, procedures, policies or regulations of such networks.
Restrict or inhibit any other person from using the MFC Test (including without limitation by hacking or defacing any portion of the MFC Test).
Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the MFC Test.
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the MFC Test.
Remove any copyright, trademark or other proprietary rights notice from the MFC Test or materials originating from the MFC Test.
Frame or mirror any part of the MFC Test.
Create a database by downloading and storing MFC Test Content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way collect MFC Test Content or reproduce or circumvent the navigational structure or presentation of the MFC Test without the express prior written consent of Funding Quest.
We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information any User provides to Funding Quest concerning the MFC Test (collectively, "Submissions") will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, the User hereby grants Funding Quest full ownership of the Submission as if Funding Quest had created, developed and posted the Submission for its own purposes. Funding Quest reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as it sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with Funding Quest's products or services. User also acknowledges that User Submissions will not be returned and Funding Quest may use Submissions, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. The User agrees to indemnify Funding Quest for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.
Funding Quest is committed to protecting the privacy of its Users and has developed a detailed Privacy Policy that describes our practices and procedures regarding your data. The Privacy Policy is available at http://www.mfctest.com/privacy/ and is incorporated herein by reference. Please review the Privacy Policy before accepting this Agreement.
By registering with or using the MFC Test, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for processing and storage by Funding Quest.
Funding Quest aims to provide you with a useful, stable and available service, but we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the MFC Test and all Content and services on it are provided strictly on an "AS IS" basis. By accepting these Terms of Service, you agree that neither Funding Quest nor any of its third party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions, or retention of User settings. For an overview of our policies regarding the safeguarding of your data, please view our Privacy Policy at http://www.mfctest.com/privacy/.
Funding Quest reserves the right to change or discontinue, either temporarily or permanently, any part of the MFC Test or any or all of its services at any time and without prior notice. You agree that neither Funding Quest nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.
All information and Content available on the MFC Test and its "look and feel", except all User Content (as defined herein), including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of Funding Quest, its affiliates, partners or licensors, or is used with consent of the owner, and is protected by United States and international laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific permission is provided on the MFC Test or otherwise. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.
The trademarks, service marks, logos, and other indicia, including of Funding Quest (collectively the "Trademarks") which appear on the MFC Test are registered and/or unregistered trademarks of Funding Quest and others. Nothing contained on the MFC Test should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of Funding Quest or such third party as may be appropriate. All rights are expressly reserved and retained by Funding Quest. Your misuse of any of the Trademarks displayed on the MFC Test, or any other Content on the MFC Test, except as provided in these Terms of Service, is strictly prohibited.
Both the MFC Test and the Content of the MFC Test are provided "AS IS" for Users' information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Funding Quest reserves all rights not expressly granted in and to the MFC Test and the Content. User agrees to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User submissions of third parties obtained through the MFC Test for any commercial purposes. If User downloads or prints Content for personal use, User must retain all copyright and other proprietary notices contained therein. User agrees not to circumvent, disable, or otherwise interfere with security related features of the MFC Test or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MFC Test or the Content thereon. Funding Quest does not make any representations or warranties, whether express or implied, regarding or relating to the MFC Test or any associated hardware or software, including the Content or operations of either.
YOU AGREE THAT YOU USE THE MFC TEST SOLELY AT YOUR OWN RISK. NEITHER OF FUNDING QUEST, LLC, NOR ANY OF THE RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS OF FUNDING QUEST OR ITS AFFILIATES (COLLECTIVELY, THE 'FUNDING QUEST PARTIES') MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE MFC TEST OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY. NONE OF THE FUNDING QUEST PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE MFC TEST OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE.
FUNDING QUEST PROVIDES THE MFC TEST AS A RESOURCE FOR USERS INVOLVED WITH EARLY STAGE COMPANIES, BUT FUNDING QUEST DOES NOT GIVE BUSINESS ADVICE, INVESTMENT ADVICE, TAX ADVICE OR LEGAL ADVICE TO ANYONE USING THE MFC TEST. FUNDING QUEST DOES NOT CLAIM TO BE AND IS NOT A BROKER, DEALER OR INVESTMENT ADVISOR AND NOTHING HEREIN SHALL CONSTITUTE A SALE OR OFFER TO BUY OR SELL OR RECOMMEND ANY SECURITIES. FUNDING QUEST DOES NOT MAKE INVESTMENTS.
FUNDING QUEST CANNOT AND DOES NOT MAKE ANY GUARANTEES ABOUT YOUR ABILITY TO GET RESULTS OR RAISE FUNDING USING OUR IDEAS, INFORMATION, TOOLS, OR STRATEGIES. YOUR INDIVIDUAL RESULTS ARE WHOLLY DEPENDENT ON YOUR OWN ACTIONS AND THE AMOUNT OF EFFORT AND RESOURCES YOU ARE WILLING TO COMMIT TO YOUR OWN SUCCESS. FUNDING QUEST MERELY PROVIDES YOU WITH CONTENT, DIRECTION, AND STRATEGIES TO HELP YOU MOVE FORWARD IN YOUR PROCESS. NOTHING ON THIS PAGE OR ANY OF OUR PROGRAMS OR OTHER WEBSITES IS A PROMISE OR GUARANTEE OF RESULTS OR FUTURE BUSINESS SUCCESS.
FUNDING QUEST IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE MFC TEST. AS A CONDITION TO YOUR USE OF THE MFC TEST, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE FUNDING QUEST PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE MFC TEST.
FUNDING QUEST DOES NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED FOR IN OUR PRIVACY POLICY.
IN NO EVENT SHALL ANY FUNDING QUEST PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE THE MFC TEST, OR THE SUBMISSION OF ANY MATERIALS VIA THE MFC TEST, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A FUNDING QUEST PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE FUNDING QUEST PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
At Funding Quest's request, User agrees to defend, indemnify and hold harmless Funding Quest, its owners, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of the MFC Test or breach of this Agreement by User.
Funding Quest reserves the right to suspend or terminate these Terms of Service and/or any User's access to the MFC Test at any time and without notice in its sole discretion.
These Terms of Service, together with the Privacy Policy and any other legal notices published by Funding Quest on the MFC Test, shall constitute the entire agreement between you and Funding Quest concerning the MFC Test and related products and services. If any provision of these Terms of Service 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 of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Funding Quest's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
You agree that: (i) the MFC Test shall be deemed solely based in Seattle, Washington, USA; and (ii) the MFC Test shall be deemed a passive website that does not give rise to personal jurisdiction over Funding Quest, either specific or general, in jurisdictions other than the State of Washington. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration conducted in Seattle, WA under the rules of commercial arbitration of the American Arbitration Association. Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
Funding Quest may change these Terms of Service at any time and in its sole discretion. The modified Terms of Service will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use the MFC Test. Funding Quest will provide at least 10 (ten) days' notice before any material changes take effect. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the MFC Test.
USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND FUNDING QUEST WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND FUNDING QUEST RELATING TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE.
If you have any questions concerning these Terms of Service, please contact Funding Quest at info@mfctest.com