Effective Date:

August 1, 2024

These Terms of Use (this “Agreement”) govern your access to and use of all digital and in-person platforms, sites, services, content, and other offerings (collectively, the “Services”) provided by Middle Market Inc. (including Middle Market Journal, Middle Market Network, AFIN Community, the Directory of Experts, and any divisions thereof) (collectively “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms of Use. If you do not agree, do not access the Services.

1. CHANGES TO THIS AGREEMENT

1.1

Effective Date & Updates

This Agreement is effective as of August 1, 2024. We may change these terms at any time by notifying you either by email or posting a notice on our Services (e.g., “Terms Updated”).By continuing to use the Services after changes are made, you signify that you agree to be bound by the updated terms.

2. PRIVACY POLICY

2.1

Scope

AFIN Community is a division of Middle Market Network (which includes Middle Market Journal, AFIN, and the Directory of Experts), all part of Middle Market Inc.We collect personal information only to enhance your experience, provide networking, and facilitate communications.

2.2

Data Collection & Use

Personal Information: When you register or subscribe, we may collect your name, email, business details, and other relevant information to deliver our Services.Cookies: We use cookies and similar technologies to track usage and improve functionality. By using our Services, you consent to this use.Data Security: While we employ reasonable security measures, no digital platform can guarantee absolute security.

2.3

No Sale of Personal Data

We do not sell, rent, or trade your personal information to third parties, except as required by law or described in our Privacy Policy.

3. GENERAL TERMS FOR ALL SERVICES

3.1

Non-Refundable Services

All fees (including but not limited to subscriptions, memberships, and contributor services) are non-refundable under any circumstances. Once enrolled or granted access, you may not cancel for a refund.

3.2

Limited License & Access

You receive a limited, non-transferable, non-exclusive license to access our Services. We can suspend or revoke this license at any time if you violate these terms.

3.3

Monitoring & Enforcement

We reserve the right to monitor activity on our platform and enforce these terms. We may remove content, suspend access, or terminate your account if you violate this Agreement.

3.4

Limitation of Liability

We are not liable for any indirect, incidental, consequential, or punitive damages related to your use of the Services. Our liability to you is limited to fees paid for the specific Service in question.

3.5

No Lawsuits Before Requesting Corrections

If you have any issue with our Services, you agree to contact us first and allow us a reasonable opportunity to correct or address the problem. We encourage alternative dispute resolution prior to litigation.

3.6

Binding Arbitration & Class Action Waiver

Any dispute related to this Agreement or your use of the Services shall be resolved exclusively through binding arbitration. By using our Services, you waive your right to participate in any class action or to sue us in court.

3.7

No Responsibility for Deals or Communications

We are a networking and content platform only. We do not assume responsibility for any deals, partnerships, or communications among users inside or outside our platform. Users bear sole responsibility for any agreements or decisions made.

3.8

Not a Broker-Dealer or Investment Advisor

Nothing on our platform should be construed as investment advice, securities offerings, or legal/financial counseling. We are not broker-dealers, and we do not guarantee any financial or business outcomes.

3.9

Compliance with U.S. Law

We operate solely within the United States, and U.S. laws govern these Terms. If you reside outside the U.S., it is your responsibility to ensure compliance with the laws of your country. If any term conflicts with your local laws, you must discontinue use of our Services.

4. SERVICE-SPECIFIC TERMS

4.1 Subscription Terms

Overview: Subscriptions provide access to content, newsletters, and resources as a Platform-as-a-Service (PaaS).Automatic Renewal: Unless canceled, subscriptions automatically renew at the end of each billing cycle at the prevailing rate.Termination: We may suspend or terminate your subscription for non-payment or breach of these Terms.Taxes: You are responsible for any applicable taxes based on your location.

4.2 Membership Terms

Overview: Membership grants access to private communities, networks, and exclusive content.Member Conduct: Members must follow community guidelines. Harassment, abuse, or inappropriate content can result in suspension or termination without refund.Termination: Membership can be terminated if you violate these Terms; access is then revoked immediately.Taxes: Members are responsible for any taxes associated with their membership.

4.3 Contributor Terms

Overview: Contributors (“Experts”) receive branding, advertising, and promotional opportunities, including content exposure and direct interactions with potential clients or partners.Content Ownership & License: By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content within our Services. You retain ownership but grant us this license.No Guaranteed Results: We do not guarantee specific outcomes, leads, or financial returns from contributor status. Success depends on your engagement and market relevance.Taxes: Contributors are responsible for taxes or fees related to payments or earnings.

5. CONFIDENTIALITY

All information shared within AFIN Community or other private forums is confidential. You agree not to disclose or distribute any such confidential information to non-members. Violations may result in immediate termination of access and potential legal action.

6. GOVERNING LAW & DISPUTE RESOLUTION

6.1

Choice of Law

These Terms are governed by the laws of the United States and, where applicable, the laws of the state in which Middle Market Inc. primarily operates.

6.2

Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration body.Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class or collective action.

7. CHANGES TO PRIVACY POLICY & TERMS OF USE

We may update this Agreement periodically to reflect changes in our Services or legal requirements. Any updates will be posted, and continued use of our Services after the update constitutes acceptance of the revised terms.

8. CONTACT US

Email: [email protected]

If you have any questions or concerns about these Terms of Use or our Privacy Policy, please contact us at the email provided above.

By accessing or using our Services, you acknowledge that you have read, understood, and agree to these Terms of Use and our Privacy Policy in their entirety.