Effective 2026 January 01
Services
MarginMate Inc. and MarginMate Corporation (“MarginMate”) provide ESL management services (“Services”) through their dedicated, secure portal to authorized end-users (“Client”). The use of any data or material, which the Client receives from the Services provided by MarginMate, is at the Clients sole and absolute risk.
Use of Services
These Services are for the exclusive use of the Client and do not extend to any other person or entity. MarginMate expressly prohibits Client providing any access to Services to any non-affiliated individual or organization and will terminate any agreement which does not comply with this provision.
Warranty
MarginMate will utilize its best efforts to maintain acceptable performance of the Services, but makes absolutely no warranties, express or implied. Nor can MarginMate guarantee continuous access or access at any particular time.
Liability
MarginMate takes all reasonable commercially available methods to protect Client data, but will not be liable for the inadvertent disclosure of, corruption or erasure of, data transmitted, received or stored on its system. MarginMate shall not be liable to the Client for any claims or damages which may be suffered by the Client, including but not limited to losses or damages of any and every nature, resulting from the loss of data, inability to access the Services, ability to transmit or receive information, caused by or resulting from, delays, non deliveries or access to Services interruptions, whether or not caused by the fault or negligence of MarginMate.
Indemnification
The Client agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees against MarginMate, its agents, customers, servants, officers and employees that may arise or result from any of the Services provided.
Invoicing and Service Fees
All MarginMate Services are billed and due prior to the start of the Services period, which is usually the calendar year from January 1 through December 31 each year. The Client shall be invoiced a minimum one (1) month in advance of Services start date. Payment is due upon Services start date. In the event the Client fails to pay in advance for the Services provided herein or any delinquency exists in the Client’s account MarginMate reserves the right to suspend Services to the Client without liability.
Modifications
MarginMate reserves the right to make changes to any of the above terms and conditions of this Agreement and provides Client opportunity to review and accept these changes prior to next login for each user.
Entire Agreement and Severability
This instrument constitutes the entire Terms of Use agreement between the parties and represents the complete and entire understanding of the parties with respect to the subject matter contained in this agreement. This instrument supersedes any other Terms of Use agreement or understanding between the parties, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument shall remain in full force and effect.
Restrictive Use
The Client may only use MarginMate‘s Services for lawful purposes. In the event that at any given time, MarginMate believes the Services are being used by the Client in contravention with any of the terms and provisions contained in this Agreement and the MarginMate Acceptable Use Policy, MarginMate has the right to immediately discontinue such Services to the Client without liability, refund or compensation of any type.