Terms of Use for Website and Services

Overview of Website.

MTFX USA Inc., MTFX Inc. and MTFX Global Inc. (collectively, 'MTFX Group') (individually and collectively, 'we', 'our', 'us', or 'MTFX') own and operate the https://www.paytuition.com, www.paytuition.ca, www.paytuition.us, www.paytuition.co.ukwebsites (collectively, the 'Site'). The Site contains information regarding our company and the services we provide, and enables both educational institutions and their students to utilize our payment processing services to facilitate the payment of tuition and fees, and related currency transactions (the 'Services'). This Site also contains various information in the form of reports, data, text and other materials about us, as well as third-party content that is licensed to us (collectively, the 'Content').Users of the Site have access to all this material and information. The Services are made available to students on behalf of their Designated School (as defined below) via their use of the Site. For all transaction processes through any Site, the Terms of Use is an agreement between you and MTFX Group.

Acceptance of the Terms of Use.

As used in these Terms of Use and elsewhere on the Site, the terms 'you' and 'your' means any person who views, accesses, uses, or obtains information from the Site or who obtains information by monitoring activity to and from the Site. These Terms of Use set out the terms and conditions under which you may access and use the Site. By accessing and/or otherwise using this Site and their Content, you acknowledge that you have read, understood and agree to be legally bound by these Terms of Use. Do not access or use the Services if you do not agree to be bound by these Terms of Use.

We advise you to read these Terms of Use carefully before accessing and utilizing the Site. We reserve the right to amend, supplement or revoke any or all of these Terms of Use at any time and from time to time. You will be notified of any changes through a posting on the Site or via e-mail. Any and all changes shall be effective immediately following the posting of such changes. These Terms of Use was last revised on the date provided below. You should periodically check for any modifications of the Terms of Use. If you access or use the Site after an update has been posted, you will be deemed to have agreed to the amended Terms of Use. If you do not agree to any or all of the Changes, you must stop using the Service immediately and notify us through the contact information at the end of this document.

THE SERVICES

Overview of Services.

The Services are proprietary services made available by MTFX Group for the sole purpose of enabling international students and their families to pay their tuition and other fees to their Designated School. You are prohibited from using the Service to send money to persons or entities other than your Designated School, or for any other purpose. You acknowledge that payments made by you to your Designated School through the use of the Services are transactions between you and the Designated School only. MTFX Group is not a party to any transaction that is processed by use of the Services. MTFX Group is a third-party Service Provider that facilitates payment processing as an agent and on behalf of the Designated School. MTFX Group is not responsible if you do not complete a payment initiated by you to a School.

Definitions.

The following definitions are use used in these Terms of Use: 'Designated School' means a secondary school, college or university that has engaged MTFX Group as its payment agent to facilitate the payment of tuition and other fees by international students and their families. 'Destination Country' means the country in which a Designated School receives payment through the Service. 'Service Providers' mean local banks, foreign exchange providers and other third-party Service Providers. 'Transaction' means the payment of tuition of other fees by a user of this Site to a Designated School by means of the Services. 'Transaction Notice' means a notice sent by a user of the Services via the Site (or the website of a Service Provider we refer you to) to the Designated School and MTFX Group, notifying the Designated School and MTFX Group that a Transaction will be initiated by the user.

Transaction Procedures.

You must send a Transaction Notice prior to initiating a Transaction. You agree to pay to MTFX Group, on behalf of the Designated School, the entire amount indicated in your Transaction Notice. We will notify you If additional charges apply to the processing of a Transaction. Payment is due to the Designated School through the Service at the time you submit your Transaction Notice. If as a result of your Transaction we are charged with NSF fees, chargeback or reversal fees, or other similar fees, you agree to reimburse us for all such fees. We may work with Service Providers to receive and/or to settle payments to a Designated School's bank account. You agree that if you make payment from a personal bank account, MTFX Group or our Service Providers may charge your bank account for less than the amount of the transfer as part of our effort to confirm ownership of the account. You may not submit a Transaction on behalf of any other person unless there is a legal reason for doing so and you have a family or other legal relationship with the person on whose behalf you are acting.

Transaction Booking.

A Transaction can only be processed to a Designated School if a Transaction Notice is submitted through the Site or website of our Service Provider to enable the creation of a booking. In the event that a booking is not created, MTFX Group will be unable to process the Transaction until a booking has been created. Additionally, we will not be responsible for any delays in processing or additional charges or expense that may occur when a Transaction is initiated with no booking. Circumstances that could result in such an extra charge or expense include, but are not limited to, movements of the currency market, which may, or may not, result in a payment losing value.

Exchange Rate.

The exchange rate of which you are notified in the instructions provided to you for a particular Transaction is effective only for the amount you indicated in you Transaction Notice that you will pay the Designated School pursuant to that Transaction and not for any other Transaction(s). The amount we forward to your Designated School will be the only amount processed by MTFX Group on the Designated School's behalf at the exchange rate stated in the instructions for that Transaction. If you initiate a Transaction for an amount in excess of the payment amount indicated in your Transaction Notice for that particular Transaction, the excess amounts might not be considered for the original exchange rate provided.

No Changes.

We generally do not let you change the details of your Transaction once you have submitted it on the Site or a Service Provider website. It is your responsibility to make sure your Transaction details are accurate before they are submitted.

Wire Transfer/Direct Debits.

In order for us to process a wire transfer/direct debit received for the Designated School in a timely manner, you must diligently follow the instructions sent to the email address you provided when you submitted a Transaction Notice through the Site, or the website of a Service Provider that we referred you to through the Site. Please do not make a payment to any account number other than that provided in the instructions. You will need to either take the instructions to your financial institution or, if available, process the wire transfer or direct debit via your financial institution's online portal. Our Service Providers may make available additional options for you to initiate a wire transfer/direct debit through their services. We do not have access to your bank account, so if your payment fails or is insufficient, you must resubmit the payment. If you will be initiating a payment from your bank account, your account must be denominated in the same currency as the currency stated in the Transaction booking information stated in the Transaction Notice.

Credit/Debit Card Payments.

MTFX Group may make available to you the option to pay your Designated School by credit or debit card. If this option is available, your card will be charged in your local currency by MTFX Group on behalf of your Designated School for the amount of the payment and any applicable fees or charges, which will be disclosed to you prior to your initiating the transaction.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE OR ARE OWNER OF, AS APPLICABLE, ANY BANK ACCOUNT, CREDIT OR DEBIT CARD, OR OTHER PAYMENT METHOD USED TO INITIATE A PAYMENT THROUGH THE SERVICE.

Effective Date of Payment to School.

Once MTFX Group receives funds from you on behalf of the Designated School pursuant to a Transaction Notice, your payment to the Designated School will be considered paid and your obligation to the school for that particular payment discharged. You will receive a payment confirmation email alerting you to MTFX Group's receipt of your funds, and this will constitute proof of payment to the Designated School for your Transaction. Please note that the Designated School may take three or more business days to reflect payment in its student account system

Fees and Other Charges.

Any fees imposed for use of a wire transfer, credit or debit card will be disclosed to you after your Transaction Notice is received. We are not responsible for any fees or charges for the Transaction that may be imposed by a financial institution or other payment provider, including our Service Providers, associated with your Transaction. We are not responsible for any insufficient funds charges, chargeback fees, or other, similar charges that might be imposed on you by your bank or other provider or our Service Provider.

Refusal and Limitation of Services.

We may, at any time, for any reason or no reason, in our sole discretion and without notice to you, refuse any Transaction or limit the amount to be received on behalf of a Designated School from you, either on a per Transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in MTFX Group's sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Services (or any part thereof) with or without notice.

Transaction Delays.

Your Transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your Transaction instructions, contact and locate you, and otherwise comply with internal protocols of verification of identity against government-issued sanctions or watch lists, or any other applicable Federal and State law. Business hours and currency availability may also cause a delay. Nevertheless, you may be entitled to a refund in certain circumstances, at our discretion, as described herein.

Unauthorized Transactions.

You may not use the Services in violation of these Terms of Use or applicable laws, rules or regulations. It is a violation of these Terms of Use to use the Services for any purpose other than to facilitate the payment of tuition and fees to your Designated School. Prohibited transaction include, but not limited to, the use of the Services to facilitate any of the following activities: the transmission or distribution of sexually-oriented materials or services, gambling activities, fraud, and money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances. If you use the Service in connection with illegal conduct, MTFX Group reserves the right to cancel the booked transaction and report you to the appropriate law enforcement agency or agencies.

Restricted Activities.

In connection with your use of the Services, or in the course of your interactions with MTFX Group, a user or a third party, you agree that you will not:

Breach these Terms of Use, or any other agreement between you and us.
Register for more than one dashboard account on the Site, without our prior written permission.
Provide false, inaccurate, or misleading information.
Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us.
Use an anonymous proxy.
Use any robot, spider, other automatic device, or manual process to monitor or copy our Site without our prior written permission.

Changes.

MTFX Group may make changes or improvements to the Services at any time without notice.

YOUR PERSONAL INFORMATION

Privacy Policy

Our Privacy Policy can be reached at: https://paymytuition.com/privacy-policy.aspx, in here you will learn about the Security and Privacy controls the company has established to protect your information. By agreeing to these Terms of Use, you acknowledge and consent to MTFX Group's Privacy Policy.

Customer Identification Program.

To help the government fight the funding of terrorism and money laundering activities, U.S. law and other applicable laws require that we obtain, verify, and record information about you. We may require that you provide us with non-public, personal, identifying information, such as date and/or place of birth, complete name, etc., and we may reject payments received from you for the Designated School or not permit you to submit Transactions until such information is provided and verified. We may also lawfully obtain information about you from other sources without your knowledge, including non-personal identifying information that we may obtain while you visit this Site. Please see our Privacy Policy.

Password Protection.

All MTFX Group profiles (student profiles as well as host profiles) are password-protected. Users may change their passwords or limit access to their profiles at any time, via their own personal dashboard — which appears after a secure log in. For more information on this, please take go to https://paymytuition.com/privacy-policy.aspx

Access to Your Personal Information.

You can access, modify or update your personal information submitted on our Site by logging into your account and changing your preferences. However, be aware that if the changes are substantial and/or directly affect the processing of a Transaction, it might also affect the timeframe in which your payment is settled to the Designated School or it might be cancelled completely.

Protection of Your Personal Information.

MTFX Group takes security of personal information submitted on our Site seriously. We apply stringent security measures, similar to those used by financial institutions to protect non-public personal information from unauthorized use or access. While we cannot guarantee complete security of your personal information, our security program integrates infrastructure, applications, and processes to provide comprehensive, layered data protection of — starting with our 256-bit SSL (Secure Sockets Layer) Certificate. SSL is a protocol that allows traffic between a web server and client (i.e., the browser) to be strongly encrypted, using public key technology. Access to a SSL-enabled server is made through URLs that begin with https://www. . . rather than http://www. . . All traffic in both directions is encrypted. The secure server must present a digital certificate before the connection will be trusted by the client.

Restrictions on Use of Information.

Federal and State laws allow you to restrict the sharing of your personal information in certain instances. Please refer to our privacy policy https://paymytuition.com/privacy-policy.aspx for any possible constraints on information sharing and exceptions. Even though you have the right to not share information with us, there might be some information we need in order to process your Transaction.

Government Disclosures.

We may provide information about you and your Transactions to government authorities and enforcement agencies, as described in our Privacy Policy.

Verifying information.

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.

INTELLECTUAL PROPERTY RIGHTS

Ownership of Rights.

You acknowledge and agree that this Site is the exclusive property of MTFX Group and that MTFX Group owns all rights in the Site. You further acknowledge and agree that the Content and various elements contained therein are owned by MTFX Group or appear with the permission of other parties and are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.All Content is copyrighted as a collective work under the copyright laws by MTFX Group.

Restrictions.

You may not encumber any interest in, or assert any rights to, the Site or the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You may print a reasonable number of copies of the Content for your personal use provided that you maintain any legal notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.You have been advised that the unauthorized use of the Site or the Content may violate intellectual property laws or other laws relating to privacy and publicity, and thatthe violation of such laws may give rise to civil and/or criminal penalties.

Trademarks.

The trademarks, logos and service marks appearing on this Site, including, but not limited to, the trademarks: 'MTFX Group' are trademarks and service marks of MTFX Group. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing on thisSite should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and service marks displayed on this Site, without our prior written permission in each instance.

Copyright Complaints.

If you believe that any of the materials appearing on this Site infringes a copyright that you own, please provide the information listed below to our designated agent (named in these Terms of Use:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the information that you claim to be infringing and a description of where the material that you claim is infringing is located on the Site;
A description of the copyrighted work that you claim has been infringed;
Your full contact information, including address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.

Feedback and Submissions.

Unless we specifically provided otherwise, all feedback or submissions of any kind that you submit to this Site (the 'Contributions') are hereby received on a non-confidential basis and shall, to the fullest extent permissible under applicable law, become our property. To the extent that applicable law does not provide us with an ownership interest in any Contributions, you agree that by providing us with the Contributions you are granting us any of our affiliated companies and sublicenses a perpetual, royalty-free, irrevocable worldwide license to use, transmit, copy, reproduce, distribute, publicly display or perform, and to prepare derivate works based upon the Contributions. By submitting or otherwise making the Contributions available to us, you represent and warrant that you own or control all rights in such Contributions necessary to post, upload, input, submit or otherwise make them available to us, and to provide us with either ownership or licensed rights under this section of the Agreement. You understand that your Contributions will not be confidential and that no compensation will be paid to you with respect to your Contributions. Despite the rights granted to us herein, we are under no obligation to in any way use, post, or otherwise make such Contributions available.

Linking and Framing.

We prohibit the use of any links to the Site from any other websites unless establishment of such a link is approved in advance by us in writing. You may not frame any elements of this Site with any other website without our prior written permission.

Links to Other Web Sites.

This Site may periodically provide links to third-party websites ('Third-Party Sites'). These Terms of Use govern only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content, products or services in the Third-Party Site. We do not control these Third-Party Sites and expressly disclaim any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. We have not investigated or monitored the Third Party Sites for accuracy or completeness. The Third Party Sites may have different privacy policies and security standards than our Site. We are not responsible if any terms shown on our Site differ from those shown on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk.

CUSTOMER SERVICE AND REFUND POLICY

General.

Should you have any questions, comments, or concerns with the Service or the contents of this document, please contact us using the contact information at the bottom of these Terms of Use.

Refunds.

The Service is provided by MTFX Group, as agent of a Designated School, to enable international students and others to make payments to a Designated School.MTFX Groupand its affiliates are not responsible for providing refunds of any payment made through the Services to a Designated School. You should contact the Designated School directly for further details on obtaining a refund.We may, at our sole discretion, consider a refund request only if funds transmitted to us in a valid Transaction were not paid to the Designated School (in which case we will also cancel your pending Transaction). A written request must be made (submitted by email, fax, or regular mail using the contact information at the bottom of these Terms of Use) and must include the sender's full name, address, and phone number, together with the Transaction amount, and the reason for the refund request.

Adjustment of Refunds.

Refund amounts will be adjusted to account for changes in the value of the U.S. dollar or foreign currency from the time your Transaction was submitted. Additional fees, including, but not limited to, debit or credit card processing fees may also occur which we may, or may not, charge.

DISCLAIMER OF WARRANTIES

THE SITE AND SERVICES ARE PROVIDED 'AS IS', 'AS AVAILABLE' AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW. MTFX GROUP AND OUR AFFILIATES, SUBSIDIARIES, EMPLOYEES AND PROVIDERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THE MTFX GROUP'S PARTIES' LIABILITY IS LIMITED TO THE GreatST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

BY ACCESSING AND USING THE SITE YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES. NONE OF MTFX GROUP, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE 'MTFX GROUP PARTIES') GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE MTFX GROUP PARTIES WARRANT THAT THIS SITE WILL BE ACESSIBLE, OPERATE AS INTENDED, BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

MTFX GROUP MAKES REASONABLE EFFORTS TO ENSURE THAT TRANSACTIONS ARE PROCESSED IN A TIMELY MANNER, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT WE WILL COMPLETE THE PROCESSING OF A TRANSACTION OR REGARDING THE TIME NEEDED TO COMPLETE PROCESSING A TRANSACTION.

LIMITATION OF LIABILITY

Limitations.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE. Subject to the generality of the foregoing,in no event shall MTFX Group, Service Providers, or their respective parents, subsidiaries, officers, agents, partners, or employees be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages beyond the sum of $500.00 (in addition to refunding the Transaction Amount), including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MTFX Group has been advised of the possibility of such damages) resulting from negligence on the part of MTFX Group, Service Providers, or their respective subsidiaries, officers, agents, partners, or employees.

Force Majeure.

The Services are largely dependent on many factors outside our control. MTFX Group, its Service Providers, and their respective parents, subsidiaries, officers, agents, partners, or employees shall have no liability for any interruptions, failure or delay of a Transaction or the receipt, processing, acceptance or settlement of a Transaction, or other non-performance resulting from a condition that is beyond our reasonable control, including but not limited to, strike, fire, flood or other natural catastrophes, acts, orders or restrictions or any government or governmental or quasi-governmental body, labor unrest, civil unrest, acts of terrorism, or any other reason where failure to perform is beyond our reasonable control. By your use of their Site and Services you expressly agree to hold MTFX Group, its Service Providers, and their respective parents, subsidiaries, officers, agents, partners, or employees harmless for any loss, liability, costs, expense and damages you may incur arising from any of the foregoing matters or any other mater beyond their reasonable control.

User's Assumption of Risk.

indemnification

UNDER NO CIRCUMSTANCES WILL MTFX GROUP, SERVICE PROVIDERS, OR THEIR RESPECTIVE PARENTS, SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. You agree to indemnify and hold MTFX Group, its Service Providers, and their respective parent companies, subsidiaries, shareholders, members, directors, managers, officers, agents, partners, and employees harmless from any and all claims, losses, liability, expenses or demands, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and the Services, your connection to the Services, your violation of these Terms of Use, or your violation of any rights of another person or entity.

ELECTRONIC COMMUNICATIONS

You acknowledge that these Terms of Use shall be entered into electronically, and that the following categories of information ('Communications') may be provided by electronic means: (i) these Terms of Use and any amendments, modifications or supplements to it; (ii) your records of Transactions through the Services; (iii) any initial, periodic or other disclosures, receipts or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Services or MTFX Group.

The Services do not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive communications electronically, but if you do, your use of the Services shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms of Use.

GENERAL TERMS

Entire Agreement.

These Terms of Use constitute the entire agreement between you and MTFX Group and governs your use of the Site Services, superseding any prior agreements between you and MTFX Group regarding your use of the Site and the Services, written and oral.

No Waiver.

The failure of MTFX Group to exercise or enforce any right or provision of these Terms of Useshall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized officer of MTFX Group.

Severance.

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties expressed herein, and the remainder of these Terms of Useshall remain in full force and effect.

Modification.

We may modify these Terms of Use from time to time without notice to you, except as may be required by law. You can review the most current version of the Terms of Use at any time by reviewing this website. You may terminate your use of the Services if you do not agree with any modification or amendment. If you use the Services after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms of Use and acknowledge that any attempts by you to do so shall be void.

Language.

In the event there is any inconsistency between the English or other language text on this Site, including these Terms of Use, the English text shall be binding.

Survival.

The sections of these Terms of Use entitled Your Personal Information, Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, General Terms, and Dispute Resolution and Governing Law, and all other provisions which by their nature require performance after termination shall survive the completion of each Transaction.

Amendment.

We reserve the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability.

No Assignment.

Your MTFX Group account is personal to you and may not be assigned.

Headings.

The section headings appearing in these Terms of Use herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms of Use. You expressly agree not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States.

DISPUTE RESOLUTION AND GOVERNING LAW

Governing Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules.

Dispute Resolution.

If a dispute arises out of or related to the Site, the Services or these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof (collectively, a 'Dispute'), and the Dispute cannot be resolved by negotiation, then the matter shall be submitted to the Judicial Arbitration and Mediation Services, Inc. ('JAMS') or its successor, for mediation as set forth below. If the Dispute is not resolved through mediation, then it shall be submitted for resolution by final and binding arbitration as set forth below. Either MTFX Group or you may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.

Except as otherwise set forth in these Terms of Use, all offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

If any Dispute, including a Dispute related to the determination of the scope or applicability of these Terms of Use requiring arbitration, cannot be resolved by mediation, then it shall be determined by arbitration before a neutral arbitrator. The arbitration shall be administered by the American Arbitration Association (the 'AAA') pursuant to its Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes, or such other arbitration body and rules thatMTFX Group and you may agree upon. To the extent that there is any variance between AAA rules and this arbitration provision, this provision shall control. The AAA will control the selection of the arbitrator(s). The arbitrator(s) must be a member of the State bar where the arbitration is held with expertise in the substantive laws applicable to the subject matter of the dispute. Arbitrations shall be held in the State of New Jersey unless both parties agree to another location. Judgment on the arbitration award may be entered in any court having jurisdiction.This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first ('Earliest Initiation Date'), and by providing the other party with written notice, by certified mail, describing the nature of the claim or dispute and setting forth the specific relief sought ('Demand').

At no time prior to the Earliest Initiation Date shall either party initiate an arbitration or litigation related to the Site, the Services or these Terms of Use except to pursue a provisional remedy that is authorized by law or by AAA rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of this Section requiring mediation.

You may bring claims against MTFX Group, its parents, subsidiaries and affiliates, and their respective shareholders, officers, directors, managers, employees and agents, only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.Further, unless MTFX Groupagrees otherwise, the arbitrator may not consolidate more than one person's claims against MTFX Group, and may not otherwise preside over any form of a representative class proceeding.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

The arbitrator shall have the authority to grant the prevailing party in the arbitration the right to have its attorneys' fees and other expenses incurred in connection with the arbitration and prior mediation reimbursed by the other party.

In any arbitration arising out of or related the Site, the Services or this Terms of Use, the arbitrator is not empowered to award incidental, consequential, indirect, special, punitive or exemplary damages, including but not limited to damages for lost profits, loss of data or other intangible damages, and you waive any right to recover any such damages.

All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.

Nothing shall be deemed to prevent either party from approaching a court for an urgent injunction or similar provisional relief.

HOW TO CONTACT MTFX GROUP

If you have any questions about this Policy, please contacts us:

If you have any questions about this Policy, please contacts us:
by email at [email protected]
by phone: USA and Canada toll free 1.855.663.6839, Canada local number + 905.305.9053 or our USA local number + 201.209.1939 for international customers;
by fax at: 1.866.206.1740; or
by mail