• Wellbright Tech’s Retail Solutions
Get Demo

TERMS OF USE

Effective as of:  March 6, 2025

Last Modified:  March 6, 2025

Acceptance of the Terms of Use

These Terms of Use (“Terms of Use” or “Terms”) are entered into by and between you and MSYM Investments, LLC, along with its affiliates, service providers, agents and designees (“MSYM,” “We,” “Us,” or “our”). These Terms govern your access to and use of MSYM’s online services, mobile applications, websites, platforms, and any related content, functionality, or services provided by MSYM (collectively, the “Services”), whether accessed via a web browser, mobile application, or other means, and whether as a guest or a registered user.

Please read these Terms carefully before accessing or using the Services. By accessing or using any part of the Services, including but not limited to our website or mobile applications, or by clicking to accept or agree to these Terms when this option is presented to you, you accept and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Services.

By using the Services, you represent and warrant that you are at least 18 years of age, have the legal capacity to consent to these Terms, and reside in the United States or any of its territories or possessions. If you do not meet these requirements, you must not access or use the Services.

Changes to the Terms of Use & Superseding Prior Agreements

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately upon posting. Your continued use of the Services after such changes are posted signifies your acceptance of the updated Terms.

These Terms supersede any prior terms of use, agreements, or understandings governing the use of our Services, including any terms previously agreed to through an “I agree to the terms on our website” footer. However, any separate agreements specifically executed between MSYM and a merchant, vendor, or other business partner shall remain in effect unless expressly stated otherwise.

To ensure compliance, existing users may be required to re-accept these Terms upon their next login or continued use of the Services.

Accessing the Services/Account Security

We reserve the right to modify or discontinue any part of the Services without notice. We are not liable if any portion of the Services is unavailable at any time. You are responsible for making all necessary arrangements to access the Services. If you are provided with account credentials, you must treat such information as confidential and not disclose it to any third party. We have the right to disable any account or credentials at our discretion.

Intellectual Property Rights

The Services and their contents, including text, graphics, logos, and software, are owned by MSYM or its licensors and protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content without our prior written consent.

Trademarks

MSYM’s name, its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MSYM or its affiliates or licensors. You must not use such marks without the prior written permission of MSYM. All other names, logos, product and service names, designs, and slogans seen when accessing or using the Services are the trademarks of their respective proprietors.

Prohibited Uses

You may use the Services only for lawful purposes. You agree not to:

 

  • Violate any applicable laws or regulations.
  • Exploit, harm, or attempt to exploit or harm minors.
  • Transmit any advertising or promotional material without our prior written consent.
  • Impersonate any person or misrepresent your affiliation.
  • Engage in any activity that could disable or impair the Services.

User Contributions

The Services may contain interactive features allowing users to post content (“User Contributions”). You represent that any contributions you provide comply with these Terms. We reserve the right to remove or refuse any User Contributions at our sole discretion.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse any User Contributions.
  • Take legal action for any unauthorized use of the Services.
  • Terminate or suspend your access for any violation of these Terms.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone using or posting any materials on or through the Services. YOU AGREE THAT YOU WAIVE AND HOLD HARMLESS MSYM, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS ARISING OUT OF OR RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

User Contributions must comply with applicable laws and must not:

  • Contain offensive, abusive, or illegal content.
  • Infringe upon intellectual property rights.
  • Promote illegal activities.

Reliance on Information Posted

Any information provided on the Services is for general information purposes only. We do not guarantee its accuracy and disclaim all liability arising from reliance on such information.

Changes to the Services

We may update the content and features of the Services periodically but are under no obligation to do so.

Information Collected & Privacy Policy

Your use of the Services is subject to our Privacy Policy, which governs how we collect, use, and share your data.

Links from the Services

The Services may contain links to third-party websites. We have no control over these sites and are not responsible for their content or policies. Your use of third-party sites is at your own risk.

Disclaimer of Warranties & Limitation of Liability

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WE PROVIDE THE SERVICES “AS IS” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE ARE NOT LIABLE FOR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MSYM, ITS AFFILIATES, AND MSYM’S AND ITS AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES.

Governing Law; Jurisdiction and Venue

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in Hillsborough County, Florida, although We reserve the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state, country of residence, or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At MSYM’s sole discretion, MSYM may require you to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.

Limitation on Time to File Claims; Waiver of Jury Trial

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, YOU ACKNOWLEDGE AND AGREE THAT SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHTS THAT YOU MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY CLAIM RELATING TO OR ARISING UNDER THESE TERMS.

Waiver and Severability

No waiver by MSYM of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of MSYM to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, along with our Privacy Policy and any other applicable agreements between MSYM and you, constitute the sole and entire agreement between you and MSYM regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns

If you have feedback, comments, requests for technical support, and other communications relating to the Services, please contact us at: [email protected]