TEAM MAJORITY APP TERMS OF USE AND PRIVACY POLICY
These terms of use and any additional terms and conditions provided in the Team MAJORITY App (the “Team MAJORITY App”) including, without limitation, the Team MAJORITY App Privacy Policy, attached hereto as Exhibit A and which is incorporated herein in its entirety by reference (together the "Team MAJORITY App Terms") governs the relationship between you as user of the Team MAJORITY App and Majority USA, LLC, a Delaware limited liability company, with its principal place of business at 2509 N Miami Ave., Suite #101, Miami, FL 33127 ("Majority" and any references to “we” “us” or “our” refer to Majority) in respect of your use of the Team MAJORITY App - an application software for smartphone devices operated by Majority through which you, by creating a user account with a unique account identity (the "Advisor Account"), may apply to become an Advisor and find relevant marketing material and access the system through which you may register your Services (as defined below).
Your provision of Services as an Advisor through the Team MAJORITY App shall be governed by the Independent Advisor Terms and Conditions (the “Advisor Terms of Engagement. Any use of the term "Services" and “Advisor” or any other term not defined in this Agreement shall have the definition as set forth in the Advisor Terms of Engagement (as amended from time to time). Please note that Majority only provides the Team MAJORITY App as a tool for your provision of Services under the Advisor Terms of Engagement.
PLEASE READ AND REVIEW THESE TEAM MAJORITY APP TERMS CAREFULLY BEFORE YOU USE THE TEAM MAJORITY APP OR ACCEPT THE ADVISOR TERMS OF ENGAGEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN YOU MAY NOT PROVIDE SERVICES AS AN ADVISOR OR USE THE TEAM MAJORITY APP. YOU AGREE TO BE BOUND BY THESE TEAM MAJORITY APP TERMS AT ALL TIMES WHEN USING THE TEAM MAJORITY APP AND WHEN ACCEPTING THE AVISOR TERMS OF ENGAGEMENT. UPON BECOMING BOUND TO THESE TEAM MAJORITY APP TERMS, YOU AGREE TO BINDING ARBITRATION IN LIEU OF ANY COURT PROCEEDING IN THE EVENT OF A DISPUTE REGARDING THE TEAM MAJORITY APP TERMS, AS SPECIFIED FURTHER IN SECTION 15.
By using the Team MAJORITY App you represent and warrant to Majority that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); and (ii) reside in the United States or any of its territories or possessions); By using the Team MAJORITY App, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Team MAJORITY App.
If you do not agree to the Team MAJORITY App Terms, you may not use the Team MAJORITY App. Once accepted, the Team MAJORITY App Terms t constitutes a binding agreement between you and Majority. By downloading the Team MAJORITY App from the Apple App Store or Google Play store you agree to the applicable terms of the license of Apple or Google, which will bind you.
You acknowledge that Majority may make changes to the Team MAJORITY App Terms from time to time in its sole discretion. The Company will publish the updated Team MAJORITY App Terms in the Team MAJORITY App and/or communicate it to you by email. The changes of the Agreement will be effective when published in the Team MAJORITY App or when notice is provided to you in any other way. You are expected to check the Team MAJORITY App Terms posted on the Team MAJORITY App on a regular basis, as they are binding to you. Your continued use of the Team MAJORITY App Terms following the posting of revised Team MAJORITY App Terms means that you accept and agree to the changes.
You agree to provide true, accurate, up-to-date and complete information to Majority when registering your Advisor Account. It is your responsibility to keep the information in the Advisor Account up to date and complete.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Advisor Account is personal to you and agree not to provide any other person with access to the Team MAJORITY App using your username, password, or other security information. Without limiting anything else set forth in these Team MAJORITY App Terms, you are responsible for all activities that occur in your Advisor Account, regardless of whether the activities are undertaken by you or a third party and whether authorized or not. Except to the extent caused by Majority’s breach of the Team MAJORITY App Terms, Majority is not responsible for any unauthorized access to your Advisor Account. You are required to contact us immediately if you have reason to believe that an unauthorized third party may be using your Advisor Account or if your password, credentials or any other account information is lost or stolen.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Team MAJORITY App Terms.
You agree to use the Team MAJORITY App only in such way that is permitted by this Agreement.
Team MAJORITY App By logging in on the Advisor Account (in the Team MAJORITY App) you will find information and tools relevant for your provision of the Services, which may be updated, changed or removed by Majority from time to time in Majority’s sole discretion.
You acknowledge that the Team MAJORITY App and its features, functions, content or other parts may change over time which may, without prior notice, change the form and nature of the Team MAJORITY App. This may lead to future versions of the Team MAJORITY App becoming incompatible with certain mobile operating systems.
You agree to use the Team MAJORITY App only in such way that is permitted by this Agreement and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Team MAJORITY App you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Team MAJORITY App. The list below provides examples of prohibited conduct and shall not be considered exhaustive - you may not, and you agree not to:
You further acknowledge that Majority may, without prior notice, and without incurring any liability, immediately suspend you from using the Team MAJORITY App and/or terminate these Team MAJORITY App Terms with respect to you if Majority determines you are using the Team MAJORITY App in breach of these Team MAJORITY App Terms.
You agree that this Agreement solely governs your use of the Team MAJORITY App, and that your performance of the Services and entitlement to remuneration thereunder is governed by the Advisor Terms of Engagement. You must not access or use for any commercial purposes any part of the Team MAJORITY App or any materials available through the Team MAJORITY App other than as permitted under the Advisor Terms of Engagement and only to the extent you have accepted to be bound by such Advisor Terms of Engagement.
To the maximum extent permitted by applicable law, the Team MAJORITY App is provided "as is" and "as available", with all faults and without warranty of any kind, and Majority hereby disclaims all warranties and conditions with respect to the Team MAJORITY App, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, completeness, security, reliability, quality, accuracy, availability, of fitness for a particular purpose, of accuracy and non-infringement of third party rights. We do not warrant against interference with your use of the Team MAJORITY App or that such use will be uninterrupted or error-free, or that defects in the Team MAJORITY App will be corrected. No oral or written information or advice given by us shall create a warranty. Should the Team MAJORITY App cause any defects, you assume the entire cost of all necessary servicing, repair or correction.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL MAJORITY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE TEAM MAJORITY APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE TEAM MAJORITY APP OR SUCH OTHER LINKS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD MAJORITY HARMLESS, INCLUDING MAJORITY’S SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, LOSSES, DEMANDS, TAX ASSESSMENTS, JUDGMENTS, GOVERNMENTAL INVESTIGATION OR ENFORCEMENT ACTION, PENALTIES, INTEREST AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO (I) YOUR VIOLATION OF ANY OF THESE TEAM MAJORITY APP TERMS (INCLUDING ACTUAL OR ALLEGED BREACH OF YOUR REPRESENTATIONS AND WARRANTIES) OR ANY APPLICABLE LAW OR REGULATION; (II) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; OR (III) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD-PARTY. THE COMPANY RESERVES THE RIGHT TO ASSUME OR PARTICIPATE, AT YOUR EXPENSE, IN THE INVESTIGATION, SETTLEMENT AND DEFENSE OF ANY SUCH ACTION OR CLAIM.
In consideration of your agreement to abide by the terms and condition of this Agreement, you are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Team MAJORITY App as a tool for your provision of Services in accordance with the Advisor Terms of Engagement. You may download a copy of the Team MAJORITY App onto a device you control and to view, use and display the Team MAJORITY App on your devices for the purposes of these Team MAJORITY App Terms and the Advisor Terms of Engagement only. All other rights shall be reserved to Majority.
Not limiting the aforesaid, in relation to the Team MAJORITY App, you are licensed to use the Team MAJORITY App on the basis of the Team MAJORITY App Terms and subject to any rules or policies applied by Apple Inc. and/or Google LLC, or any other entity within the Apple or Google group ("Apple" and "Google"). For the avoidance of doubt, the Team MAJORITY App is not sold or assigned in any way to you. Majority and its affiliates shall remain the owner of the Team MAJORITY App including any Intellectual Property Rights thereto at all times.
You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works any of the types of codes (source code, binary code etc.), and any versions thereof, made available to you or otherwise used by Majority or you in relation to the use of the Team MAJORITY App (the "Software") or any other part of our system (or permit or assist any third party in such activities). You acknowledge that you must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.
The Software may contain open-source software. Any use, reproduction and distribution of components of the Software licensed under an open-source software license is governed by the terms of such open-source software license, however to the extent permissible thereunder and otherwise if applicable, the Agreement shall apply with priority over such open source software license.
You acknowledge that you have no right to access the Team MAJORITY App or other parts of our system (where applicable) in source-code form.
You acknowledge that all ownership and intellectual property rights in or to the Software, the Team MAJORITY App, or, to the extent applicable, other parts of our system and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Majority, or Majority’s licensors, and that nothing in this Agreement shall constitute or be interpreted as a transfer of any such rights from Majority to you or anyone else.
The license granted to you as described in this Section will terminate automatically in the event of any termination of these Team MAJORITY App Terms or, to the extent you have accepted the Advisor Terms of Engagement, the termination of such terms. Furthermore, Majority has the right to, in its sole discretion, at any time change its features, functions and content (including without limitation removing any materials posted in or through the Team MAJORITY App).
Majority’s name, the Team MAJORITY App logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Majority or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, except to the extent permitted under the Advisor Terms of Engagement. All third-party names, logos, product and service names, designs, and slogans displayed on the Team MAJORITY App are the trademarks of such respective third parties.
We have the right to:
You acknowledge and agree that a termination of the Advisor Terms of Engagement shall automatically constitute a termination of these Team MAJORITY App Terms with respect to you.
On termination (for any reason) all rights granted to you under these Team MAJORITY App Terms shall cease immediately and you must immediately stop using the Team MAJORITY App and otherwise cease with all activities authorized under these Team MAJORITY App Terms, including but not limited to, delete or remove the Team MAJORITY App (incl. the Software) from all devices, and immediately destroy all copies of the same then in your possession, custody or control. We shall execute the termination by preventing you from accessing your Advisor Account (in the Team MAJORITY App).
Majority shall not be liable for any loss, damage or inconvenience suffered by you as a result of Majority exercising its rights set forth in this Section 9.
The termination of this Agreement for whatever cause shall not affect the provisions of any clause that expressly or by implication is intended to remain in force.
Majority may, at its sole discretion and without prejudice to any right which Majority may have to terminate these Team MAJORITY App Terms or any other right set forth in these Team MAJORITY App Terms, or available under applicable law, elect to immediately suspend, restrict or otherwise change your access to the Team MAJORITY App and your Advisor Account, with or without prior notice, for any reason, including the following (by way of example):
Your acknowledge and agree that your use of the Team MAJORITY App and the information you provide to us through the Team MAJORITY App or otherwise, including, but not limited to, through the use of any interactive features on the Team MAJORITY App, is governed by our Team MAJORITY App Privacy Policy attached hereto as Exhibit A, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
The collection and processing of personal information by you of any potential customers of Majority is governed in its entirety by the Advisor Terms of Engagement.
You may not assign and/or transfer any rights and/or obligations under these Team MAJORITY App Terms without the prior written consent of Majority.
These Team MAJORITY App Terms, and to the extent you have accepted the Advisor Terms of Engagement, the Advisor Terms of Engagement and each of their related exhibits and schedules, represent the entire understanding between you and Majority in relation to your use of the Team MAJORITY App and supersede all previous covenants and representations made by either you or Majority, whether oral or written. To the extent you have accepted the Advisor Terms of Engagement, in the event of conflict of any term or condition contained in these Team MAJORITY App Terms and the Advisor Terms of Engagement, the Advisor Terms of Engagement shall prevail.
Headings used in this Agreement are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
Majority may for your convenience, provide you with a translation of the English language version of these Team MAJORITY App Terms (which in such case will be available in the Team MAJORITY App). In the event of any inconsistency between a non-English version of these Team MAJORITY App Terms and the English version, the English version shall prevail.
If we fail to insist that you perform any of your obligations under these Team MAJORITY App Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
If a court or arbitration panel finds any provision of the Agreement to be invalid or unenforceable for any reason, the remainder of these Team MAJORITY App Terms shall continue in full force and effect.
Any communication between the Parties shall be made if in writing in the English language and sent by email to the following addresses (or such other addresses as the relevant party may from time to time expressly substitute for them by notice duly given to the other party):
To Majority: [email protected]
To Advisor: The email address(/es) which have been registered by You in the Team MAJORITY App or otherwise communicated to Majority.
You acknowledge and agree that Majority shall not be in breach of this Agreement or liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
This Agreement shall be governed by the laws of the State of Florida except to the extent governed by federal law or modified herein, without regard to any conflicts of law provisions that provide for the application of the law of another jurisdiction.
15.1 Any and all disputes or claims between you and Majority arising out of or related this Agreement, breach thereof, the enforceability of provisions in these Team MAJORITY App Terms shall be subject to final binding arbitration as provided herein. The arbitration shall be conducted pursuant to the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the request for arbitration is made (the “Arbitration Rules”), and in accordance with the Expedited Procedures in those Arbitration Rules, including Rules 16.1 and 16.2 of those Arbitration Rules, except as modified herein. The arbitration shall take place in Miami, Florida before a single neutral arbitrator (the “Arbitrator”) selected in accordance with the Arbitration Rules. Each Party shall pay its own costs and expenses for the arbitration (including, without limitation, attorney’s fees), with the cost of the Arbitrator to be divided equally between the Parties. Any award or decision in arbitration shall be final and binding upon the Parties and shall be enforceable by judgment of any court of competent jurisdiction BY AGREEING TO ARBITRATE, THE PARTIES EXPLICITLY WAIVE THEIR RIGHT TO A JURY TRIAL. All aspects of the arbitration shall be treated as confidential and neither the parties nor the Arbitrator may disclose the content or results of the arbitration, except as necessary to comply with applicable law.
15.2 You agree that any and all disputes or claims arising out of these Team MAJORITY App Terms, breach thereof shall be brought within the shorter of (a) two (2) years from the accrual of such dispute or claim, or (b) the statute of limitations under the applicable laws. Furthermore, the Parties agree that the disputing and/or claiming Party must give written notice of their intent to pursue such claim within 180 calendar days of filing, specifying the subject matter, causes of action and damages claimed.
15.3 Arbitration shall proceed only on an individual basis. The Parties waive all rights to have their disputes heard or decided by a jury or in a court trial and the right to pursue any class or collective claims against each other in court, arbitration, or any other proceeding. Each Party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The arbitrator shall have no jurisdiction or authority to compel any class or collective claim, or to consolidate different arbitration proceedings with or join any other party to an arbitration between the Parties. The arbitrator, shall have exclusive authority to resolve any dispute relating to the enforceability or formation of this Agreement and the arbitrability of any dispute between the Parties, except for any dispute relating to the enforceability or scope of the class and collective action waiver set forth in this Section, which shall be determined by any state or federal court located in Miami Dade County in the State of Florida, and in the event such court were to determine that the class action waiver contained in this section 15.3 is unenforceable, such determination should only be with respect to this Section 15.3 and not with respect to any other Section including the other provisions of Section 15, which shall remain in full force and effect.
We provide the Team MAJORITY App for use only by persons located in the United States. We make no claims that the Team MAJORITY App or any of its content is accessible or appropriate outside of the United States. If you access the Team MAJORITY App from outside the United States inadvertently, you are solely responsible for compliance with local laws.
Last Updated: October 30th, 2024
Exhibit A
TEAM MAJORITY APP PRIVACY POLICY
Majority USA, LLC and its affiliates ("Company", “Majority, “us” or "we") respect your privacy and are committed to protecting it through our compliance with this privacy policy (hereinafter, the “Privacy Policy”).
This policy describes the types of personal information we may collect in connection with our mobile application Team Majority ("Team Majority App"), your application to become an Advisor of Majority as such term is defined in the Advisor Terms of Engagement referenced below, our communications with you, and our practices for collecting, using, maintaining, protecting, and disclosing that information.
Your use of the Team MAJORITY App is governed by our Team Majority App Terms of Use (“Team Majority App Terms”) and your provision of Services as an Advisor of Majority shall be governed by the Independent Advisor Terms and Conditions (the “Advisor Terms of Engagement”). Capitalized terms used but not otherwise defined in this Privacy Policy shall have the definition set forth in the Team MAJORITY App Terms or the Advisor Terms of Engagement (each, as amended from time to time). This Privacy Policy does not apply to the information you provide to us, or that we may collect of you (directly or through third parties), with respect to your use as a consumer of any of Majority’s products or services or your use of the Majority mobile banking application. For more information on how we use and process personal information of consumers please refer to our Consumer Privacy Policy available here.
Profile Information
When using your Team MAJORITY App, your Advisor Account or otherwise applying to become an Advisor under the Advisor Terms of Engagement, you may be required to provide the following information and any updates thereto:
We may also receive the following categories of information from other sources:
We process the above listed information for the following purposes:
Usage Information
We will collect and store information about your provision of the Services through the Team MAJORITY App Services. We may also collect and store information regarding your use of the Team MAJORITY App, and interaction with our system, including, usage by geographies, device and connection information IP address, device capability, bandwidth, web browser software, referring website, statistics on page views, network type and traffic to and from our Team MAJORITY App. Such information may be collected by using cookies, ad identifiers or other applicable tracking tools.
We collect such information for the purpose of:
We may disclose personal information as follows:
We may also disclose your personal information:
We do not sell your personal information to third parties.
Protecting user privacy and personally identifiable information is a top priority for Majority. We make substantial efforts to ensure the privacy of all personally identifiable information collected by us in relation to the Team MAJORITY App. Although we cannot guarantee that the information will not be subject to unauthorized access, loss or misuse we have physical, electronic, and procedural safeguards in place to protect the information.
We may provide links to websites that are owned or operated by other companies ("third-party websites"). When you use a link in our website to visit a third-party website, you will be subject to that website’s privacy and security practices, which may differ from ours. You should familiarize yourself with the privacy policy, terms of service and security practices of the linked third-party website before providing any information on that website.
We reserve the right to update or modify this Privacy Policy at any time with or without notice to reflect improvements or any other changes to our business. We will post the revised Privacy Policy in the Team MAJORITY App. You agree to review the Privacy Policy periodically so that you are aware of any modifications. You agree that your continued use of the Team MAJORITY App after we publish a revised Privacy Policy constitutes your acceptance of the revised Privacy Policy. If you do not agree with the terms of the Privacy Policy, you should not use the Team MAJORITY App and should cancel your Advisor Account.
We strive to provide you with choices regarding the personal information you provide to us. You may also have the right to request access to your personal information, to correct personal information that is out of date or inaccurate, or subject to requirements under applicable law to maintain records of certain information for a required period of time, to delete personal information that is no longer needed for a permitted purpose. If you have questions about how we handle your personal information or if you believe your information is inaccurate or has been collected in error, please contact us at [email protected] and we will endeavor to resolve your questions or concerns.
We may ask for specific information from you to help us confirm your identity. Where these rights apply, you can empower an authorized agent to submit the request on your behalf in accordance with applicable law. You are entitled to exercise these rights free from discrimination.
Last Updated: October 30th, 2024