' Merger Alpha ' means Merger Alpha, Pte Ltd, a Singapore limited liability company.
The 'Merger Alpha Platform' refers to any and all services provided by Merger Alpha by means of electronic communications, including, but not limited to, storage, email and collaboration services.
' Merger Alpha Services ' refers to all products and services provided to you by Merger Alpha, including, but not limited to, the Merger Alpha Platform, Merger Alpha-provided web sites and technical support.
Description of Services
Merger Alpha provides resources and tools to business owners, accredited investors and institutions seeking to connect with each other for the purpose of seeking M&A opportunities as well as identifying providers of capital. Merger Alpha is not involved in the actual transaction between buyers and sellers, and does not render investment, legal or tax advice. None of the information submitted on the platform constitutes a solicitation, offer, opinion or recommendation by Merger Alpha to buy or sell any securities or other financial instruments or to provide legal, tax, accounting, or investment advice or services regarding the suitability or profitability of any security of any kind, investment or transaction. Merger Alpha has not made any recommendations regarding the merit of any company identified on the platform, made any recommendation regarding the purchase or sale of any security, or endorsed or sponsored any company identified on the platform.
All users of the platform agree to be responsible for their own due diligence and the legal and regulatory compliance of any transaction they enter into, and Merger Alpha makes no representation or assurance about such compliance. As a user of the platform, you are required to provide true and accurate information about their businesses, and to update and maintain such information, but Merger Alpha cannot and does not confirm the accuracy of information provided. You may not input any information or content that:
In order to use Merger Alpha Services, you must have one of the supported Internet browsers. Additionally, you are required to register your user information with Merger Alpha. Merger Alpha does not provide internet access, and you are responsible for all fees associated with you internet connection.
License to Use
Subject to the terms of this Agreement, Merger Alpha grants to you a non-exclusive, revocable, non-transferable license to use Merger Alpha Services, including the Merger Alpha Platform. Some of Merger Alpha's services are provided free of charge, while others are provided at a fixed fee.
You shall pay all fees or charges to your account in accordance with the fees,charges, and billing terms in effect at the time a fee or charge is due and payable. Payments must be made annually in advance unless otherwise mutually agreed upon in writing. All payment obligations are noncancelable and all amounts paid are nonrefundable. You are responsible for paying for all user licenses ordered for the entire year, whether or not such user licenses are actively used. You must provide Merger Alpha.com with valid credit card or approved purchase order information as a condition to signing up for the Service.
In order to use the Merger Alpha Platform, you must register for an account. Accounts are only available to individuals 18 years of age or older. Additionally, if you wish to use the Merger Alpha platform as an investor, you must meet the legal definition of an Accredited Investor for your country.
Limitations on Use
The content on and accessible through the Merger Alpha Website (the "Content") and the Service provided is for your internal business use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, distribute, create derivative works from the Service or the Content or otherwise commercially exploit the Service or the Website. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Service or the Content without Provider's prior written permission. You may not use this Service to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Service, except to the extent permitted above. You may not use or otherwise export or re-export this Service or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Service or its Content is prohibited. Additionally, you shall not use the Service to: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or material giving rise to tortious liability, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (v) attempt to gain unauthorized access to the Services or its related systems or networks or (vi) access the Service or Website in order to build a competitive product or service.
We ask that any registration data you provide to Merger Alpha is true, current and complete. In the event that any of this information changes, please update it on your personal profile page.
Shortly after you complete your registration, Merger Alpha will provide you with a username 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. No member of Merger Alpha's staff will ever ask you for your password, so please do not provide it if asked since this may result in a security breach.
Please notify Merger Alpha immediately if you suspect that an unauthorized person has accessed your account.
Compliance with Applicable Laws
You agree to use Merger Alpha Services only as provided for in this Agreement. You also agree not to use Merger Alpha Services in any way that is in conflict with the law in your jurisdiction. Further, you may not use the Merger Alpha Platform 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 individual's intellectual property rights.
You authorize Merger Alpha and its partners to communicate with you via all phone and or email.
A user may elect to make certain personal or private information viewable through the Merger Alpha Platform. You may not disclose information obtained in this manner to any third parties without first obtaining permission from that user. You agree not to collect or aggregate user information accessible through the Merger Alpha web site or Merger Alpha Platform for commercial use or redistribution, including the targeted marketing of non-Merger Alpha services to individual users. Merger Alpha reserves the right to immediately terminate, without notice, the account of any user found to have violated this rule.
By registering with or using Merger Alpha Services, you consent to the collection and use of your personal information and the transfer of this information to other countries for processing and storage by Merger Alpha.
Limitations on Service
While it is our goal at Merger Alpha to provide you with a useful, stable and available service, 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, Merger Alpha Services are provided strictly on an 'as is' basis. By accepting this Agreement, you agree that neither Merger Alpha 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.
Merger Alpha reserves the right to change or discontinue, either temporarily or permanently, any part or all of its services at any time and without prior notice. You agree that neither Merger Alpha nor any of its third party service providers will be liable for any damages, including lost business opportunities, should such discontinuance occur.
Intellectual Property Ownership
The Merger Alpha web site, emails, and the Merger Alpha Platform all contain content that is the intellectual property of Merger Alpha. This content is protected by domestic and international copyright and trademark law and may not be used except as expressly provided for in this Agreement. The publication, distribution, display and retransmission of any portion of the Merger Alpha web site or its displays, in any medium, is expressly prohibited unless written permission is first obtained from Merger Alpha or the appropriate rights holder. All rights not expressly granted by this Agreement are reserved to Merger Alpha.
The contents of the platform and any products or services provided or sold by Merger Alpha, including the platform's likeness, text, graphics, logos, button icons, images, audio, video clips and software, as well as the compilation of businesses listed on the platform, are the property of Merger Alpha or its content suppliers, and are subject to the copyright or other intellectual property rights of Merger Alpha and to the terms of licenses held by Merger Alpha. Such intellectual property is protected by law. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this platform, or of any products or services sold by Merger Alpha, is strictly prohibited. You may copy information from the platform only as may be strictly necessary for your own use to view, save, print, or transmit it. Otherwise, no portion of the platform may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Merger Alpha. The commercial use or public dissemination of any information and data gathered from Merger Alpha is strictly prohibited, unless specifically authorized in writing. Any violation of the foregoing clause may subject you to compensatory and punitive damages, and shall specifically also entitle Merger Alpha to equitable relief, in addition to any other available remedies. By submitting information or other material to us, you grant Merger Alpha a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the ToS and the actions and transactions contemplated hereby.
NONE OF MERGER ALPHA, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE MERGER ALPHA PARTIES ) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE MERGER ALPHA WEB SITE OR THE MERGER ALPHA PLATFORM, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY. NONE OF THE MERGER ALPHA PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE MERGER ALPHA WEB SITE OR PLATFORM OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE A SOLELY AT YOUR OWN RISK.
MERGER ALPHA PROVIDES THIS AS A RESOURCE FOR USERS INVOLVED WITH INVESTING IN EARLY STAGE TECHNOLOGY AND EMERGING GROWTH COMPANIES BUT MERGER ALPHA DOES NOT GIVE BUSINESS ADVICE, INVESTMENT ADVICE, TAX ADVICE OR LEGAL ADVICE TO ANY OF ANYONE USING THE SITE. MERGER ALPHA 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. MERGER ALPHA DOES NOT MAKE INVESTMENTS. EACH USER OF THE SITE MAKE HIS OR HER OWN INVESTMENT DECISIONS BASED UPON THEIR PERSONAL DUE DILIGENCE INVESTIGATION AND OTHER PERSONAL INVESTMENT CRITERIA. MERGER ALPHA IS NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO THE ACTIONS OR OMISSIONS OF ANYONE USING THE SITE. AS A CONDITION TO YOUR USE OF OUR THE SITE, YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, CAUSES OF ACTION OR OTHER RIGHTS THAT YOU MIGHT HAVE AGAINST ANY OF THE MERGER ALPHA PARTIES ARISING OUT OF OR RELATING TO THE SUBMISSION AND REVIEW OF ANY MATERIALS MADE AVAILABLE THROUGH THE SITE.
IN NO EVENT SHALL ANY MERGER ALPHA 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 SITE, OR THE SUBMISSION OF ANY MATERIALS VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A MERGER ALPHA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
At Merger Alpha's request, you agree to defend, indemnify and hold harmless Merger Alpha LLC, its shareholders, 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 Service or breach of this Agreement by you.
When you announce closed transactions via your website or press release or other broad disclosure methods, Merger Alpha may disseminate its own release to its constituents indicating the use of the platform in association with said transaction. Merger Alpha may add your entity's name, mark, logo to its promotional materials.
Merger Alpha reserves the right to suspend or terminate this Agreement immediately and without notice if you breach this Agreement.
If any provision of this Agreement is found unenforceable by any court of competent jurisdiction, it will not affect the validity of the other provisions of this Agreement, which shall remain in effect.
All disputes arising out of or relating to this Agreement shall be finally settled by arbitration conducted in Singapore under the rules of commercial arbitration of the Singapore International Arbitration Centre. All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
Modifications to the Terms of Service
Merger Alpha may change the 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 of Merger Alpha Services. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using Merger Alpha Services.
Merger Alpha reserves the right to suspend or terminate this Agreement immediately and without notice if you breach this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MERGER ALPHA WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MERGER ALPHA RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.