FirstLayerAI, Inc. DBA Medallion, (hereinafter “Medallion”, “our”, or “we”) operates and maintains the website located at https://medallion.co (the “Site”) and the related services (the “Services”) it provides. Before using Medallion’s Site and Services we advise you to read these Terms and Conditions carefully, as it constitutes a binding agreement between Medallion and you from the time the Site is accessed.
If Medallion chooses to modify its Terms and Conditions, we will post those changes to our Site and any other places we deem necessary and appropriate. Medallion reserves the right to modify its Terms and Conditions at any time, so please review it frequently. Your access to and use of the Site is subject to the following terms and conditions (interchangeably “Terms and Conditions”, “Terms”, or “Agreement”) and all applicable laws. By accessing the Site, you accept Medallion’s Terms and Conditions and you acknowledge that any other agreements between you and Medallion are superseded and of no force and effect, with respect to the subject matter addressed herein.
To use our Site and Services, you must first agree to the Terms and Conditions. You accept the Terms by clicking on a button indicating your acceptance, or by using our Services and accessing this Site.
By accepting these Terms and Conditions, you represent that you have the legal power to do so. If using our Services on behalf of an organization, (a) “you” and “your” will refer to that organization, (b) you agree to these Terms on behalf of that organization and you represent that you have the authority to do so, and (c) you shall be responsible for ensuring that each of your end users complies with the terms, conditions and obligations set forth in this Agreement.
You may not use our Services and may not accept the Terms if you are barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. If you represent an organization, you will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States, and (b) you do not provide access to the Services to persons or entities on any restricted lists.
Use and/or purchase of our Services requires that you register and create an account (“Account”). To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Medallion has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, Medallion has the right to refuse any and all current or future use of our Services.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Medallion of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including but not limited to loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Medallion will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password. If you become aware of any unauthorized use of your password or account, you agree to inform Medallion immediately by contacting us by email at email@example.com.
Customers must pay all fees as specified on our Site. Unless otherwise stated in the Order, invoiced charges are due upon receipt. The customer is responsible for providing complete and accurate billing and contact information to Medallion and notifying Us of any changes to this information.
Medallion’s fees do not include any taxes, levies or other governmental assessments. The customer is responsible for the payment of all taxes associated with its purchases under this Agreement.
Medallion uses Stripe, a third-party service, to process and manage payments. Upon the choosing of a specified service, Stripe will bill the account administrator automatically.
Medallion does not issue refunds. Please thoroughly evaluate our Services before purchasing.
This Site contains information, content, services and software including, without limitation, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (hereinafter the “Content”.) Everything located on or in this Site is either (1) the exclusive property of Medallion; (2) used with the permission of the copyright and/or trademark owner; or (3) part of the public domain. This Content is copyrighted as a collective work under the U.S. copyright laws, and Medallion owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as otherwise expressly stated in this agreement, any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this site, without express permission from Medallion, is strictly prohibited.
You agree to indemnify, hold harmless, and defend Medallion and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to:
This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate, at your expense, as reasonably required by an Indemnified Party.
This Agreement shall be governed by the laws of the State of California as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions.
In the event any dispute should arise between Medallion and any other party with respect to the performance of either of them hereunder the parties agree that it shall be resolved by binding arbitration conducted in San Francisco County, California, by a single arbitrator selected in accordance with the commercial arbitration rules of the American Arbitration Association, the arbitration to be conducted in accordance with the Rules of the American Arbitration Association. The decision of the arbitrator shall be final and no appeal may be taken there from, and judgment on such decision may be entered in San Francisco County, California. The parties shall each pay one-half (1/2) of the expenses of the arbitration, with each party responsible for the payment of their respective attorneys’ fees. Notwithstanding the foregoing, the arbitrator may award reasonable attorneys’ fees to the party determined by the arbitrator to have prevailed in that proceeding. This Agreement shall be construed and interpreted pursuant to the laws of the State of California.
Medallion and this Site are incorporated and administered in the United States of America. Recognizing the worldwide nature of the internet, if you use this site from outside of the United States, you agree to comply with any of the applicable laws in the jurisdiction you are accessing the site from.
If any phrase, clause or provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, such phrase, clause or provision shall be deemed severed from this Agreement, but will not affect any other provisions of this Agreement, which shall otherwise remain in full force and effect. If any restriction or limitation in this Agreement is deemed to be unreasonable, onerous and unduly restrictive by a court of competent jurisdiction, it shall not be stricken in its entirety and held totally void and unenforceable, but shall be deemed rewritten and shall remain effective to the maximum extent permissible within reasonable bounds.
Your use of and browsing of this Site is at your sole discretion and risk. Neither Medallion nor any other party, person or agent, involved in creating, producing, maintaining or delivering the site is liable for any direct, incidental, consequential, indirect, punitive, or other damages arising out of your access to, or use of, the site. Without limiting the foregoing, except in those jurisdictions which may restrict or limit exclusions of implied warranties, to the maximum extent permitted by federal, state, and/or local laws, everything on the site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Medallion also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect or invade your computer equipment or other property on account of your access to, use of, or browsing in the site or downloading of any materials, data, text, images, video, or audio from the site.
If you have any questions about our Terms and Conditions, please contact Medallion by email at: firstname.lastname@example.org.