By signing up to be an investor or agent in YMD ENGINEERING you are agreeing to be bound by the following terms.
These YMD ENGINEERING Terms (\"Agreement\") constitute a legal agreement between YMD ENGINEERING an engineering company organized under the laws of the State Nigeria, with RC No.:1668730 (\" YMD ENGINEERING\", \"we\", or \"us\") and you (\"Donor,\" \"lender\" or \" you\"). This Agreement shall govern the relationship between our company and its Website and your lending and support activities.
Please make sure you fully understand the contents of the Agreement. If you have any doubts about any of your rights and obligationsthat may result from your acceptance of the Agreement, please consult us or obtain legal support.
IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT , YOU MAY NOT CONTINUE WITH THE SIGNUP PROCESS OR FURTHER PARTICIPATE IN THE YMD ENGINEERING LENDING PROGRAM.
\\\\\\\\\\\\\\\"Agent,\\\\\\\\\\\\\\\" \\\\\\\\\\\\\\\"investor\\\\\\\\\\\\\\\" or \\\\\\\\\\\\\\\" you \\\\\\\\\\\\\\\" \\\\\\\\\\\\\\\"clients\\\\\\\\\\\\\\\" means any person or legal entity, which completed the signup process on the YMD ENGINEERING Website and became the participant of YMD ENGINEERING investing and/or marketing Program. Participation in the YMD ENGINEERING investing and/or marketing Program is NOT prohibited to individuals and entities who possess a voting or political interest in YMD ENGINEERING, including YMD ENGINEERING officers, directors, stockholders and employees, and their immediate families.
\\\\\\\\\\\\\\\" the YMD ENGINEERING investing and/or marketing Program\\\\\\\\\\\\\\\" is an investing and marketing program, developed by YMD ENGINEERING that allows you, the investor or agent, to use marketing methods to promote our services and drive investors to our Website. It has also been developed to allow you the investor to invest (your time and money) and generate wealth pursuant to the provisions of this Agreement.
\\\\\\\\\\\\\\\"YMD ENGINEERING Website\\\\\\\\\\\\\\\" means www.YMDCAPITAL.com .
\\\\\\\\\\\\\\\"Commission\\\\\\\\\\\\\\\" means the monetary compensation you receive, according to the Section 5 hereof, for participating in the YMD ENGINEERING marketing Program; the Commission consists of #10 per month per referral (direct or indirect) for those who are able to make two referral within the first 5 days of their signing up with YMD ENGINEERING and # 5 per month per referral (direct or indirect) for those who are unable to make two referral within the first 5 days of their signing up with YMD ENGINEERING .
\\\\\\\\\\\\\\\"Commission Payment and Net Revenue Payment\\\\\\\\\\\\\\\" refers to payments systems, through which you can receive your Commission. You may receive your commission through bank transfer. The minimum threshold for this transfer is #5000. For any one customer, Payments are processed only once a month. Provided that, the payment date falls on a business day.
\\\\\\\\\\\\\\\" Referral \\\\\\\\\\\\\\\" means someone who was directed to our website by you and used your email or referral link to register with YMD ENGINEERING.
\\\\\\\\\\\\\\\"Net Revenue\\\\\\\\\\\\\\\" means the total amount of money that is to be paid to you intermittently or at the end of an investment period.
\\\\\\\\\\\\\\\"Referral Link\\\\\\\\\\\\\\\" means a link that leads to YMD ENGINEERING Website and contains your referral ID. You will receive your referral ID only after becoming the participant of YMD CAPITAL investing and/or marketing Program
\\\\\\\\\\\\\\\"YMD ENGINEERING Service\\\\\\\\\\\\\\\" means the access to online investing and marketing program, as well as other tools developed by YMD ENGINEERING on or off its website.
\\\\\\\\\\\\\\\"Third Party\\\\\\\\\\\\\\\" means any individual or legal entity, other than the party to this Agreement.
\\\\\\\\\\\\\\\"Your Account\\\\\\\\\\\\\\\" means your account on the YMD ENGINEERING Website, where your information is stored and where you can track your referral and investment activity, including payment and withdrawal information.
Agent / Marketer refers to someone who is registered with YMD CAPITAL and who reaches out to prospects to educate about YMD ENGINEERING SERVICES and refer them to YMD ENGINEERING website
Direct and Indirect referrals: Direct referrals refer to those clients that have signed up on the YMD ENGINEERING website by using your email or your referral link. Whereas indirect referrals are those clients who have signed up on YMD ENGINEERING website using the referral link or email or one of your referrals or referrals\\\\\\\\\\\\\\\' referral email or referral link and so on.
Annuity account/ investment; This is one YMD CAPITAL product or services
Prospect; this is a person who intends to sign up with YMD ENGINEERING
Active account; is an account that is still receiving commission, making deposit, and/or earning net revenue.
2. INVESTOR OR AGENTS RIGHTS.
2.1. We grant you, subject to the limitations set forth below, a limited, non-exclusive, non-assignable, non-sublicensable, transferable, revocable right to: (i) demonstrate and promote the YMD ENGINEERING Service to any prospects (referral) above the age of 18, and (ii) to provide Prospects access to use the YMD ENGINEERING Service, in accordance with this Agreement and YMD ENGINEERING terms and conditions, specified on YMD ENGINEERING Website, provided that referral agreed to YMD ENGINEERING terms and conditions, specified on the YMD ENGINEERING Website.
2.2. You may place banners or Reference Links within your newsletters, on Your Website, or within other web related content. You may also distribute audios and sales letters given to you by YMD ENGINEERING or the Agent / Marketer that referred you.
2.3. You can reach us by sending an email to firstname.lastname@example.org
3. AFFILIATE OBLIGATIONS.
3.1. You must provide your full legal name, a valid email address, and all other information requested in order to complete the signup process on the YMD ENGINEERING Website. All information you provide in your profile must be truthful. You are solely responsible for all the information you provide in Your Account profile.
3.2. As an Agent, you can only have 1 (one) account. You can have multiple investments in this 1 (one) account, but only 1 (one) account is allowed.
3.3 Apart from the development of marketing material,You will be solely responsible for the operation and marketing of YMD ENGINEERING. You would also be soley responsible for all other materials that appear along side or during the marketing of YMD ENGINEERING. You should ensure that materials used for marketing do not violate or infringe the rights of any Third Party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights). You will be solely responsible for the accuracy, truthfulness, and appropriateness of materials posted by you. We do not endorse or accept any responsibility for any links that lead from You to any other website apart from the YMD ENGINEERING Website and for any content that can be found by following these links to Third Party websites.
3.4. Agent warrants and guarantees on behalf of itself and its affiliates, subsidiaries, agents and subcontractors: (i) that all personal data, contained in the Leads (if any) or any other data or material , provided to YMD ENGINEERING according to this Agreement, were collected in accordance with all applicable laws, including but not limited to, applicable data protection laws; (ii) that the Agent or investor is fully allowed to transfer personal data to YMD ENGINEERING and that the Agent received all necessary permissions so that YMD ENGINEERING could store and process such personal data, use it in marketing purposes and for offering its services.
4. PROHIBITED USES .
4.1. You may not use the YMD ENGINEERING Program for any illegal or unauthorized purpose. While using the YMD ENGINEERING Service and/or participating in the YMD ENGINEERING Investing and/or Marketing Program, you must not violate any laws in your area/state/country.
4.2. You cannot promote YMD ENGINEERING on any gambling websites, websites with adult/hate/violent/defamatory content or any other content that is considered offensive or inappropriate, and any websites that violate third party rights and/or violate any applicable laws. YMD ENGINEERING may or may not review all material used by you in your promotional methods. YMD ENGINEERING may require and you agree to provide us the information regarding traffic sources, promotional channels and your promotional methods with regard to YMD ENGINEERING Service. If your sources, channels or methods with regard to SEMrush Service would be considered as inappropriate or inconsistent with the terms of this Agreement, at YMD ENGINEERING sole discretion, your account could be suspended, your use privileges could be revoked and Commissions could be canceled.
4.3. You cannot use and/or mention in any way: (i) the YMD CAPITAL brand name as a keyword in your advertising campaigns across any search engines, including any misspellings in the brand name; (ii) the YMD ENGINEERING brand names in the domain name of Your Website, including any misspellings of the brand name.
4.4. You may not modify the trademarks, banners, the content or any of the images provided to you (If one is provided) in any way, without our prior written consent.
4.5. Fraud is a serious offense and will be treated as such. Fraud is defined as any action that intentionally attempts to create referrals by opening several accounts, or duplicating accounts for the sole purpose of earning Commissions. ANY ATTEMPTED FRAUD OR FRAUD OR ANY HARMFUL ACTION WILL RESULT IN ACCOUNT CANCELATION AND VOIDED COMMISSIONS. Agents have to provide all the documents requested by us within 30 (thirty) days in case we notice any potentially fraudulent activities associated with Your Account or coming through your Reference Links. Otherwise, Your Account will be blocked and the Commissions will be canceled.
4.6. You cannot SPAM. We will terminate Your Account on the first offense of spamming. Do not send emails to lists or groups that you do not have permission to send them to. We have the right to deactivate or delete Your Account on the first offense referring to this section.
4.7. You will not receive Commissions for self-referrals and for Agents, who violate our YMD ENGINEERING investing and/or marketing Program Terms..
5. COMMISSION PAYMENT, CHARGES, AND NET REVENUE PAYMENT
5.1. To be eligible to earn a Commission you must have made at least 8 direct referrals
5.2 To earn a commission on any referral (direct or indirect) for any particular month your referral must have made a deposit of that month
5.3. To earn a commission of #10 instead of #5 on a referral (direct or indirect) you must make at least two referrals within 5 days of your sign up with YMD ENGINEERING
5.4. We only pay commission on up to a total of 1 million referrals (direct and indirect together)
5.5. Commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods will be voided. Fraudulent activities will also result in immediate account cancelation.
5.6. All statistics are collected and calculated by YMD ENGINEERING, and will be the only valid statistics used for determining Commission.
5.7. We reserve the right to deduct our monthly charge of #100 from your deposits, during your deposits, or from the net revenue you might have accrued.
5.8 We also reserve the right to deduct in the form of charges other cost that may arise in the course of our serving you or maintaining your account.
5.9. From time to time YMD ENGINEERING may change its charges, and interest rates therefore these changes may affect your Commissions, deposits and net revenue. They will also affect the truthfulness of the information you will provide. We cannot guarantee the availability of YMD ENGINEERING SERVICES at the charges and interest rates that you list on Your marketing material or that you might see at the time of your sign up
5.10.If you decided to give a next of kin or anyone else access to your account YMD ENGINEERING WILL NOT take any responsibility in the event of any fraudulent activity that might arise due to this.
5.11. You reserve the right to state a next of kin to whom your benefits can always be transferred to in the event of any unfortunate event. This is the only transferrable right in this agreement and it exists only between you and the state next of kin
5.12. In the event that a next of kin is not stated, and a benefit (commission or net revenue) is not claimed within 5 years of its reflection on your account, YMD ENGINEERING reserves the right to write off the benefit.
5.13. Both commissions and net revenue will always be reflected on your account as soon as they are earned but might not be withdraw able unless they are above a #5000 threshold. THIS IS the minimum threshold for withdrawal.
5.14.YMD ENGINEERING reserves the right to appropriate all previous payments of those client who might chose to operate our annuity account, and fail to meet the deadline for the payment of their monthly due for two consecutive months.
5.15 The deadline for the payment for any particular month for an annuity investment is not more than 30 days of the payment for the previous month.
5.16. Unless otherwise stated herein, , you will receive a Commission for as long as a client with your email or referral link maintains an active account with YMD ENGINEERING or until terminated by either party in accordance with these YMD ENGINEERING investing and/or marketing Program Terms , provided that you remain eligible to receive a Commission pursuant YMD ENGINEERING Terms. If at any time the Clients account is cancelled, or suspended, you will become ineligible to receive Commission on any future fees collected from that client.
5.17. For avoidance of doubt Commissions shall be paid only for brand new referrals, that occur after the prospect clicked on your particular Referral Link containing your reference ID, or signs up using your email. In other words, to be eligible for a Commission, the prospect you referred shall be a new user for YMD ENGINEERING, shall use your Referral Link or email to register and subsequently use one of our products and shall do so directly from YMD ENGINEERING Website
6. TERM AND TERMINATION.
6.1. This Agreement starts upon Your Account confirmation through the confirmation email you receive during the signup process on YMD ENGINEERING Website and continues until terminated by either party in accordance with these YMD ENGINEERING investing and marketing Program Terms.
6.2. Either party may terminate this Agreement at any time in its sole discretion with written notice to the other at least 30 days prior to the termination date.
6.3. Notwithstanding the above, YMD ENGINEERING reserves the right to terminate any User account for abusive or fraudulent activity, for failure to comply with this Agreement, or for any other reason in its sole discretion.
6.4. Termination of this Agreement will result in the deactivation or deletion of Your Account or your access to Your Account, and the forfeiture and relinquishment of all potential or to-be-paid Commissions and net revenues in Your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Upon termination of this Agreement, all rights of the Agent or Investor specified in this Agreement shall terminate immediately.
6.5. Upon any termination of this Agreement for any reason, all provisions regarding indemnification, warranty, liability and limits thereon, and confidentiality and protection of proprietary rights and trade secrets, and any provisions which expressly or by their nature are required to survive such termination in order to achieve their purpose, shall so survive until it shall no longer be necessary for them to survive in order to achieve their purpose.
7. OWNERSHIP AND INTELLECTUAL PROPERTY; USE OF TRADEMARKS .
7.1. Agent acknowledges and agrees that all rights, title, and interest to, any and all intellectual property rights of all types or nature whatsoever, including, without limitation, patent, copyright, trademark, database rights as well as moral rights, know-how and trade secrets (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, in YMD ENGINEERING investing and/or marketing Program, YMD ENGINEERING platform (technology, hardware, software, etc.), any code or software (SDK, API, etc.) which may be provided to the agent or prospect or client under this Agreement and any work products created and/or delivered herein and related documentation (forming the YMD ENGINEERING Website, YMD ENGINEERING investing and marketing Program) are and will remain solely and exclusively our property and/or the property of YMD ENGINEERING. Agent is granted no title or ownership rights in YMD ENGINEERING Website or YMD ENGINEERING investing and marketing Program unless otherwise stated. Agent\\\\\\\\\\\\\\\'s right to use YMD ENGINEERING Website, participate in YMD ENGINEERING investing and marketing Program and any part thereof is strictly limited to the provisions of this Agreement and we reserve all rights not expressly granted herein.
7.2 YMD ENGINEERING are trademarks, DBAs and trade dress and/or service marks of YMD ENGINEERING and/or our affiliates and subsidiaries. Other marks, graphics, icons, names and logos used or displayed on or through YMD CAPITAL Website are trademarks, trade dress and/or service marks (\\\\\\\\\\\\\\\" Marks \\\\\\\\\\\\\\\") of us and our affiliates and subsidiaries or otherwise are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us and may be subject to such third parties\\\\\\\\\\\\\\\' terms and conditions. Agents and clients may not use any metatags or any other \\\\\\\\\\\\\\\"hidden text\\\\\\\\\\\\\\\" utilizing any of the aforementioned trademarks, trade dress and/or service marks without our and respective owner\\\\\\\\\\\\\\\'s prior written permission. Affiliate\\\\\\\\\\\\\\\'s right to use the Marks is strictly limited to the manner of use as instructed and approved by us, which right may be revoked or changed at any time at our (or the respective owners\\\\\\\\\\\\\\\' or licensors\\\\\\\\\\\\\\\') sole discretion. Affiliate will accordingly change or remove such display of materials immediately upon request by us or the respective Mark owners or licensors. Agents acknowledges and agrees that Agents shall not contest the ownership of the Marks on YMD ENGINEERING Website for any reason. Agents\\\\\\\\\\\\\\\' use or display of Marks will terminate effective upon the termination of this Agreement, deactivation or deletion of Your Account or upon notification by us or the respective owner or licensor to discontinue such use or display.
7.3. Agents hereby grants us a worldwide, non-exclusive, unlimited and royalty-free license to use Agents\\\\\\\\\\\\\\\'s brands, names, logos, trademarks, trade names and service marks as used by Agents for informational and advertising purposes only.
7.4. Agent\\\\\\\\\\\\\\\'s are under no obligation to give YMD ENGINEERING any ideas, suggestions, comments or other feedback related to YMD ENGINEERING Website or, YMD ENGINEERING investing and marketing Program, or the business or operations of YMD ENGINEERING. If any Affiliate shares ideas, suggestions, comments, or other feedback with YMD ENGINEERING, YMD ENGINEERING will own such idea, suggestion, comment or feedback. Agent hereby assigns all of Agent\\\\\\\\\\\\\\\'s right, title, and interest in such idea, suggestion, comment, or feedback to YMD ENGINEERING and agrees that YMD ENGINEERING will be free to use and implement same, without restriction or obligation of any kind, without, however, any obligation to do so.
You agree to defend, indemnify and hold harmless YMD ENGINEERING and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney\\\\\\\\\\\\\\\'s fees) arising from: (a) your use of and access to YMD Website and participation in YMD ENGINEERING investing and marketing Program; (b) your violation of any term of this Agreement or applicable law; or (c) your violation of any Third Party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and your use of YMD ENGINEERING Website and participation in YMD ENGINEERING investing and marketing Program.
Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party\\\\\\\\\\\\\\\'s behalf. IF YOU ARE AN INDIVIDUAL, YOU REPRESENT AND WARRANT THAT YOU WERE AT LEAST 18 YEARS OF AGE ON THE EFFECTIVE DATE OF THIS AGREEMENT. If you are under 18, please do not attempt to participate in YMD ENGINEERING investing and marketing Program or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible.
10. NON-INFRINGEMENT WARRANTIES.
You represent and warrant that: (i) you have all appropriate authority to operate, and to post any and all content on Your Website(s) (if you have one); (ii) you have all appropriate rights to promote with any promotional method you may choose to use; (iii) Your Website(s) and your promotional methods do not and will not infringe a Third Party\\\\\\\\\\\\\\\'s or YMD ENGINEERING\\\\\\\\\\\\\\\'s proprietary rights; and (iv) you shall remain solely responsible for any and all Your Website(s) (If you have one) and all of your promotional methods and/or campaigns and any consequences resulting therefrom.
11. DISCLAIMER OF WARRANTIES.
EXCEPT WHERE PROHIBITED BY LAW, YMD ENGINEERING INVESTING AND MARKETING PROGRAM AND YMD ENGINEERING WEBSITE ARE PROVIDED \\\\\\\\\\\\\\\"AS-IS\\\\\\\\\\\\\\\" AND \\\\\\\\\\\\\\\"AS AVAILABLE\\\\\\\\\\\\\\\" AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE YMD ENGINEERING INVESTING AND MARKETING PROGRAM OR THE YMD ENGINEERING WEBSITE (A) WILL MEET YOUR REQUIREMENTS AND/OR EXPECTATIONS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES LINKED TO ON THE YMD ENGINEERING WEBSITE.
12. LIMITATION OF LIABILITIES.
12.1. In no event shall YMD ENGINEERING, its officers, directors, employees, or agents, be liable to you or to any Third Party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever arising from or related to either this Agreement, or use of YMD ENGINEERING Website or participation in YMD CAPITAL investing and marketing Program. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the greater of (a) #5000 or (b) Commission and net revenue you received in the prior 12 (twelve) months (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
12.2. The Agent accepts that the operation of the YMD ENGINEERING investing and marketing Program, Referral Links or YMD ENGINEERING Website may not be completely free of interruption, errors or omissions and YMD ENGINEERING is not liable for the consequences of any interruptions or errors in the performance or content of the YMD ENGINEERING Website or Referral Links.
12.3. YMD ENGINEERING does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a Third Party through YMD ENGINEERING Website, hyperlinked website or Reference Links or featured in any banner or other advertising, and YMD ENGINEERING will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party providers of products or services.
12.4. We make no representations that YMD ENGINEERING investing and marketing Program or YMD ENGINEERING Website are appropriate or available for use in all locations. Those who access or use YMD ENGINEERING Website or participate in YMD ENGINEERING investing and marketing Program from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
12.5. We reserve the right to use Third Party service providers in the provisions of all or part of the Agreement including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers and platforms. Where any of the aforementioned services are provided by third parties, the Affiliate may be subject to such Third Party\\\\\\\\\\\\\\\'s terms and conditions. We accept no responsibility for services provided by any Third Party.
Exports, re-exports, and transfers of YMD ENGINEERING or YMD ENGINEERING products and services, including technology, software, software source code, technical data, related technology, and the direct products thereof, including the YMD ENGINEERING Website content and the YMD ENGINEERING Services (the \\\\\\\\\\\\\\\" YMD CAPITAL Items \\\\\\\\\\\\\\\") are subject to NIGERIA export controls and sanctions. You may not access, download, distribute, use, export, or re-export the YMD ENGINEERING Items in violation of NIGERIA\\\\\\\\\\\\\\\'S export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any NIGERIA or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the YMD ENGINEERING items in violation of any such restrictions, laws or regulations, or without all necessary approvals.
15.1. Assignment . This Agreement, any part thereof or any rights or obligations under it may not be novated, assigned, outsourced or transferred by you without our advance written consent, but may be assigned by us without restriction or limitations. Any assignment or transfer in violation of the aforementioned provisions shall be deemed null and void. Subject to the forgoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
15.2. Force Majeure . We shall not be liable for failing or delaying performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, use of third parties\\\\\\\\\\\\\\\' equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
15.3. Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph.
15.4. Relationships. You and us are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representatives, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Website or otherwise, that reasonably contradict anything in this Agreement.
15.5. Choice of Law. This Agreement and all matters arising therefrom and any dispute arising between the parties in connection with this Agreement shall be governed and construed in accordance with the laws of the FEDERAL REPUBLIC OF NIGERIA notwithstanding any conflict of law provisions. The federal and/or state courts as applicable, shall have exclusive jurisdiction in any legal proceedings resulting or connected with this Agreement, and the Agent, client or investor hereby irrevocably submits to such exclusive jurisdiction. However, this shall not prevent us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
15.6. Tax Status and Obligations. YMD CAPITAL is not obligated to and shall not provide you with tax and/or legal advice. YMD ENGINEERING undertakes no duty to investigate or research your tax status and/or obligations, and such research and investigation is solely your responsibility. You are obligated to independently assess and comply with all relevant tax and legal requirements, and you are solely responsible for your own sales tax collection, reporting and any other obligation arising from Commission net revenue income. If YMD ENGINEERING provides you with information, that information shall not be deemed tax or legal advice, and YMD ENGINEERING shall not be responsible for the accuracy of such information.
15.7. Entire Agreement . This Agreement, shall constitute the entire agreement between you and YMD ENGINEERING concerning your use of the YMD ENGINEERING Website and participation in YMD ENGINEERING investing and marketing Program. However, terms and conditions of some other YMD ENGINEERING service and products may impose additional terms, which can be found in the terms and conditions for such services and products.
15.8. Languages . This Agreement is in the English language, which prevails over any translations of it to other languages, made by us or a third party and provided to you for your convenience, as applicable. YMD ENGINEERING investing and marketing Program is designed in the English language and its translations into other languages may contain inaccuracies for which we shall not bear any responsibility; we suggest using the English version and resorting to versions in other languages only for references and at your own risk. You also agree to have all communications with us in English.
15.9. No Waiver . No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.
15.10. Severability . All the provisions of this Agreement are distinct and severable. If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.
15.12. Marketing. You agree that YMD CAPITAL may identify you as a YMD ENGINEERING Agent and may use your name and/or logo solely for such purpose in its marketing materials.
15.13. Amendment. YMD ENGINEERING have the right to change, modify or amend (\\\\\\\\\\\\\\\" Change \\\\\\\\\\\\\\\") these YMD ENGINEERING investing and/or marketing Program Terms, in whole or in part, by posting a revised YMD ENGINEERING investing and/or marketing Program Terms on YMD ENGINEERING Website. Your continued participation in YMD ENGINEERING investing and marketing Program after the date of such Change shall be deemed your acceptance of the revised YMD ENGINEERING investing and marketing Program Terms.
15.14. Acknowledgement. You confirm that you have read, acknowledge and agree to all the terms and conditions of YMD ENGINEERING investing and marketing Program Terms. You acknowledge that you have independently evaluated the desirability of accepting YMD ENGINEERING investing and marketing Program Terms and are not relying on any representation, guarantee, or statement other than as set forth in the YMD ENGINEERING investing and marketing Program Terms.
15.15. Electronic Notices . You agree to receive communications from us in an electronic form. Electronic notices will be delivered to your email address, which you used for registration purposes, as it may be subsequently changed by you by written notice to us. All communications in electronic format will be considered to be \\\\\\\\\\\\\\\"in writing\\\\\\\\\\\\\\\" and to have been received on the day that we send them. We reserve the right, but assume no obligation, to provide communications in paper format.
15.16. Notices. All notices, requests, claims, demands and other communications regarding these YMD ENGINEERING investing and marketing Program Terms are welcomed and should be addressed to:email@example.com