Terms and Conditions

1. Acceptance of Terms

These terms and conditions ("Terms") govern the use of the Margin.com website (the "Website") and all related services (the "Services") and constitute an agreement ("Agreement") between you ("You") and Margin, Inc. ("Margin" or "We"). Your use of the Website and Services is contingent upon Your acceptance of and continued adherence to these Terms, as revised from time to time. Margin reserves the right, in its sole and absolute discretion, to alter or revise these Terms at any time, with the most recent version of the Terms being posted on the Website. It is Your responsibility to check for periodic updates to the Terms. Your use of the Website and Services constitutes Your acceptance of any and all revised Terms. Margin reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Website or the Services for any reason or no reason.

2. User Accounts and Permitted Use

A User is a person who uses the Services on Margin. You must be at least 18 years old to use the Services. As a User, You may search for dictionary definitions and adding new terms and definitions to Margin.com. You are responsible for any and all activities occurring or content that is posted under using the Website.

1. You are solely responsible for the content in submitted links including text, data, images, video and links via the Website.
2. You may only use content to which You have the applicable necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark and trade secrets. You must have advanced written consent to use third party content from the content owners.

3. Discontinuation, Modification or Termination of the Services

Margin reserves the right to modify or discontinue, temporarily or permanently, the Services or any portion thereof, without any liability to You or any third party. In addition, Margin, in its sole discretion, may terminate Your account or use of or access to the Website or the Services, and remove and delete any links or text, at any time, for any reason.

4. Proprietary Rights of Content

You acknowledge and agree that the Website and the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute or create derivative works based on any content or information available through the Website or Services, including code and software. To use third party materials appearing on the Website, You are required to contact the intellectual property owner and secure the appropriate advanced written consent to such use. You understand and agree that You shall not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in and to such information and materials.

You agree that any content or information You provide on the Website, whether as a link or text, will not be considered confidential and may be used by Margin. In addition, You agree that any materials or ideas You submit on the Website or to the Website administrator or any employee, officer or agent of Margin, will not be considered confidential and may be used by Margin, in its sole discretion, without any obligation to compensate You for its use of the ideas and without any obligation to return any submitted materials. You hereby grant Margin a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all intellectual, publicity and database rights, including the right to create derivative works thereof, that You have in the content and information of Your questions or answers, in any media now known or not currently known, with respect to any such content or information. You hereby waive all rights to any claim against Margin for any alleged or actual infringement of any intellectual rights and propriety rights in connection with any such content or information.

5. Links to Third Party Websites

The content on Margin.com may include links to other sites or resources over which Margin has no control or responsibility. Margin does not monitor, investigate or check these sites for accuracy or completeness. As a result, Margin is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites' availability or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in the content of Your questions or answers or accessed by You via the Website is done at Your own risk and with Your own liability.

6. Exclusion of Warranties

THE WEBSITE, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARGIN THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. MARGIN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARGIN DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICES, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL MARGIN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, FROM THIRD PARTIES (SUCH AS OTHER USERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.

7. Limitation of Liabilities

IN NO EVENT SHALL MARGIN, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ATTORNEY'S OR OUR CONTRACTORS AND SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MARGIN AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL MARGIN’S LIABILITY, AND THE LIABILITY OF ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED $25.

8. Release, Hold Harmless and Indemnification

You hereby release Margin (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes among Users. If You are a California resident, You waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

Furthermore, You agree to, indemnify, defend and hold Margin, any and all parent, subsidiary, or affiliate organizations, officers, agents, attorneys and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of Your use of the Services or conduct on the Website, Your violation of the Terms of the Agreement, or Your infringement of any intellectual property right or other right of any person or entity. Margin shall provide You reasonable notice of such claims. In connection with Your obligations set forth herein, You agree that Margin may identify and engage counsel of its choosing.

9. No Endorsement of Non-Margin Entity; No Relationship with Users

Margin may endeavor to offer to You products and services offered by non- Margin entities. Placement of information, logos, links or names of such non- Margin entities on the Website does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold Margin harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venture or employment) is created between You and Margin or between You and any other Users and Margin by formation of this Agreement (or any of the Related Agreements) or by Your participation on the Website.

10. Disclaimer

You acknowledge that You have read this Terms of Services carefully. You acknowledge and understand that: (i) any information You may obtain from Users through use of the Services comes from those Users, not from Margin, and that Margin is not in any way responsible for any of the information any Users may supply; (ii) the Website and Services are provided "as is" with no warranty and no representations are made regarding the qualification of Users who posted links.

11. Disputes, Assignment and Governing Law

These Terms and the Agreement constitute the complete and exclusive statement of the Agreement between You and Margin. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any Margin employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and Margin agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement to any other party. Margin shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by Margin. No delay or omission on the part of Margin in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

This Agreement shall be governed by, and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law provisions. Each party using our Website or Services agrees to the exclusive jurisdiction of the courts of the State of Colorado, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Denver County, Colorado and waives any and all jurisdictional, venue or inconvenient forum objections.