Terms of Use | Malphrus Group

Terms of Use

Last updated: July 1, 2026

Agreement to Terms

These Terms of Use form a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and The Malphrus Group ("Malphrus Group," "we," "us," or "our") concerning your access to and use of the malphrus.com website, together with any related media, channels, or web pages linked or connected to it (collectively, the "Site"). By accessing the Site, you confirm that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree with all of these Terms of Use, you are not permitted to use the Site and must discontinue use immediately.

Supplemental terms or documents posted on the Site from time to time are incorporated into these Terms of Use by reference. We may revise these Terms of Use at any time and for any reason at our sole discretion. It is your responsibility to review these Terms of Use periodically; your continued use of the Site after revised Terms are posted means you accept the revisions.

The information on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation, or would subject us to any registration requirement in that jurisdiction. Persons who access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use the Site.

No Offer of Securities

Nothing on this Site constitutes an offer to sell, or a solicitation of an offer to buy, any security or investment product. Any offering of securities, if made, will be made only to qualified persons through definitive offering documents, which will contain important information about risks, fees, and other matters, and any such offering will be made only in accordance with applicable law. Information on this Site regarding projects, markets, or performance is for general informational purposes only, should not be relied upon as investment, legal, or tax advice, and may change without notice. Past performance is not indicative of future results, and all investments involve risk, including the possible loss of principal.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, maps, plans, and graphics on the Site (collectively, the "Content"), together with the trademarks, service marks, and logos contained on the Site (the "Marks"), are owned or controlled by us or licensed to us and are protected by copyright, trademark, and other intellectual property and unfair competition laws. The Content and Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly permitted in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Site, the Content, and the Marks.

User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity to agree to, and you agree to comply with, these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, such as a bot or script; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate any account or access you have and refuse current or future use of the Site.

Prohibited Activities

You may not access or use the Site for any purpose other than the purpose for which we make it available. As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, database, or directory without our written permission.
  2. Trick, defraud, or mislead us or other users.
  3. Circumvent, disable, or otherwise interfere with security-related features of the Site.
  4. Use any information obtained from the Site to harass, abuse, or harm another person.
  5. Use the Site in a manner inconsistent with any applicable law or regulation.
  6. Engage in unauthorized framing of or linking to the Site.
  7. Upload or transmit, or attempt to upload or transmit, viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Site or that modifies, impairs, disrupts, or interferes with the Site's operation.
  8. Engage in any automated use of the system, including using data mining, robots, scrapers, or similar data gathering and extraction tools.
  9. Remove the copyright or other proprietary rights notices from any Content.
  10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to it.
  11. Harass, intimidate, or threaten any of our employees or agents.
  12. Attempt to bypass any measures of the Site designed to prevent or restrict access.
  13. Copy or adapt the Site's software or code, or decipher, decompile, disassemble, or reverse engineer any software making up part of the Site.
  14. Collect usernames or email addresses by electronic or other means for the purpose of sending unsolicited email.
  15. Use the Site or its Content as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise without our consent.

Submissions

The Site does not offer users the ability to post or publish content. If you send us questions, comments, suggestions, ideas, feedback, or other information about the Site or our business ("Submissions"), you acknowledge and agree that Submissions are non-confidential and become our sole property. We own exclusive rights, including all intellectual property rights, in Submissions and may use and share them for any lawful purpose without acknowledgment or compensation to you. You warrant that your Submissions are original to you or that you have the right to submit them, and you agree that you will have no recourse against us for any alleged or actual infringement or misappropriation of any right in your Submissions.

Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use; (3) refuse, restrict access to, or limit the availability of any portion of the Site in our sole discretion and without limitation, notice, or liability; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate its proper functioning.

Privacy Policy

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised that the Site is hosted in the United States. If you access the Site from a region with laws governing personal data collection, use, or disclosure that differ from United States law, your continued use of the Site transfers your data to the United States, and you consent to having your data transferred to and processed in the United States.

Term and Termination

These Terms of Use remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. If we terminate or suspend any access or account you may have for any reason, you are prohibited from creating a new account under your name, a false or borrowed name, or the name of any third party. We also reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time and for any reason at our sole discretion without notice, and we have no obligation to update any information on the Site. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms of Use obligates us to maintain and support the Site or to supply any corrections or updates in connection with it.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of [State], applicable to agreements made and to be entirely performed within the State of [State], without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute"), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Informal negotiations commence upon written notice from one party to the other.

Binding Arbitration. If the parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes, available at www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online, and except where otherwise required by AAA rules or applicable law, will take place in [City, State]. The arbitrator must follow applicable law. Except as otherwise provided here, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award.

If for any reason a Dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the state and federal courts located in [City, State], and the parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in those courts. In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.

Restrictions. Any arbitration shall be limited to the Dispute between the parties individually. To the fullest extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) no Dispute may be arbitrated on a class-action basis or using class action procedures; and (c) no Dispute may be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions. The parties agree that the following Disputes are not subject to the provisions above concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, a party's intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF IT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (6) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, AND WE WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

ALL INFORMATION PROVIDED ON THIS SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. ALL INFORMATION IS PROVIDED IN GOOD FAITH; HOWEVER, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, members, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; or (4) your violation of the rights of a third party, including intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of that right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part is deemed severable and does not affect the validity and enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be construed against us by virtue of our having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties to execute them.

By visiting the Site, you acknowledge and understand that the information provided is for general informational purposes only. The information should never be considered a recommendation or personalized advice, and you should always seek independent professional advice and counsel before making any business or investment decision. Where the Site makes third-party information available, it comes from sources The Malphrus Group believes to be knowledgeable and reliable; however, its accuracy or completeness cannot be guaranteed, and it may change due to legal, economic, or other conditions. All investments involve risk, including the possible loss of principal. You should familiarize yourself with all risks associated with any investment before investing.

Contact Us

If you have questions about these Terms of Use, contact us at contact@malphrus.com.