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TERMS OF SERVICE

The Microfinance Information Exchange, Inc.

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE. By continuing to access or use this site or any other site owned by the Microfinance Information Exchange, Inc., or any service on any of these sites or content displayed and provided therein, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. The Microfinance Information Exchange, Inc. (hereafter referred to as "MIX") reserves the right to amend, remove, or add to these terms and conditions at any time by posting new terms and conditions on this page. Such modifications shall be effective immediately. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site or any other site owned by MIX. Your use of the site or any site owned by MIX or service on this or any other site owned by MIX or content displayed and provided therein, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use any site owned by MIX. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by MIX and shall be of no force or effect.

1. User Consent to Terms and Conditions of Service. You represent that you (a) have read and agree to be bound by the terms and conditions of service ("TOS") for www.themix.org, www.mixmarket.org, www.mixmbb.org or any successor site; (b) you have the power and authority to enter into this agreement; and (c) you are at least eighteen (18) years old; You further agree: (a) to comply with U.S. law regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TOS; (b) not to use the Service for illegal purposes; and (c) not to interfere or disrupt networks connected to the Service.

2. Copyright, Trademarks and other Intellectual Property Rights. These Web sites, including but not limited to text, content, data, photographs, video, audio and graphics (the "Service"), are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and MIX at all times be and remain the sole and exclusive property of MIX and/or licensors or affiliates. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to MIX and/or licensors and affiliates for their exclusive use. Except as specifically permitted herein, you shall not use MIX's Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without MIX's prior written approval. The Microfinance Information Exchange, Inc., MIX, MIX MARKET, The MicroBanking Bulletin, MBB are trademarks and service marks of The Microfinance Information Exchange, Inc.. All rights, trademarks and service marks are reserved except to the extent permitted under paragraph 8 below. Other trademarks, product names, company names and logos appearing on these Web sites are the property of their respective owners. You must obtain permission from these owners before copying or using their trademarks, product names, company names or logos.

3. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of MIX. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by MIX and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of MIX and such others. You agree to protect the proprietary rights of MIX and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by MIX or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify MIX in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights.

4. Further Restrictions on Use. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT MIX'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF MIX'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICES FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF MIX. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICES BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF MIX'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH MIX'S CONSENT. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF MIX'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.

5. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by MIX ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.

6. Fees and Payments. MIX reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time MIX requires fees for portions of the Service or the Service as a whole, MIX will require you to register and create an account. In no event will you be charged for access to portions of the Service or to the Service unless MIX obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Services by MIX or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment within thirty days of the date of the invoice. Late payments will accrue interest at the lower of the legal maximum interest rate or one and one-half percent (1.5%) per month. You shall pay all applicable taxes and interest charges relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time at MIX's sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless MIX receive all fees and charges payable by you, including the Prepaid Fee.

7. Member Registration and Account Creation. As part of the registration and account creation process necessary to obtain access to certain portions of the Service, including those portions that require a fee or payment, you will select a username and a password. You will provide MIX with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that MIX, in their sole discretion, deem offensive or inappropriate. MIX reserve the right to deny creation of your account based on MIX's inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify MIX by submitting feedback of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage or activity on your MIX account(s), including but not limited to use of the account by any third party authorized by you to use your username and password. MIX reserves the right to terminate your account, in their sole discretion, at any time without notice. You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges incurred up to the time the account is terminated including interest for any overdue payments. Notwithstanding anything else herein, MIX reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and you certify that you currently have no other account(s) with the Service.

8. Linking and Framing. You may include a link(s) on your Web site to the www.themix.org home page, www.mixmarket.org homepage and www.mixmbb.org homepage; provided that you first fill out the registration form below. You may not link to www.themix.org or www.mixmarket.org or www.mixmbb.org any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.

MIX is concerned about the integrity of these Web sites when they are accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, MIX is concerned with activities such as linking to an internal or subsidiary page of these Web sites that is located one or several levels down from the Home Page ("deep linking"), or bringing up or presenting content of these Web sites within another Web site ("framing"). In this regard you must make a specific request for, and secure permission from MIX prior to deep linking to, or framing, these Web sites or any of their content, or engaging in similar activities. If you would like to deep link to or frame these Web sites, or any of their content, you must request permission from MIX by writing to:

Microfinance Information Exchange, Inc.
1901 Pennsylvania Avenue NW, Suite 307
Washington DC 20006
U.S.A.

Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed deep linking or framing will occur; and (d) specific details about the contemplated deep linking or framing activities, including the content or Web page(s) of these Web sites to which you would like to deep link or frame.

Upon linking to these Web sites, you will be granted a non-exclusive, non-transferable, royalty-free license to use MIX mark solely for providing an underlined, textual link from your Web site to www.themix.org and/or www.mixmarket.org and/or www.mixmbb.org. No other use of MIX's marks or name is permitted without express prior written permission from MIX, www.themix.org and/or www.mixmbb.org. No other use of MIX's marks or name is permitted without express prior written permission from MIX.

9. NO WARRANTIES. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained within the Service, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and "AS AVAILABLE," and that MIX makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. MIX does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and are not liable for any damage you may suffer as a result of such destructive features. You agree that MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, Suppliers and/or its third-party agents arising in connection with the Service including lost profits to MIX; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by MIX. MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, Suppliers and/or its third-party agents are therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on, the Service. MIX does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the Service. MIX is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment you use to access the Service. You understand that MIX and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.

10. Disclaimer and Limitation of Liability. You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service includes information taken from private sources as well as information available in the public domain; (iii) MIX does not guarantee the sequence, accuracy, completeness or timeliness of the Service; and (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which MIX is a party. Accordingly, anything to the contrary herein set forth notwithstanding, MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes, research opinions and financial data; (ii) delays, errors or interruptions in the transmission or delivery of the Service; or (iii) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

11. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MIX, ITS OFFICERS, EMPLOYEES, GENERAL PARTNERS, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF MIX HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.

12. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents, against any claim, suit, action or other proceeding brought against MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents, to the extent that such claim, suit, action or other proceeding brought against MIX, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use of, or someone using your computer, use of the Service; (ii) your use of, or someone using, your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. MIX reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MIX in asserting any available defense. You acknowledge and agree to pay MIX's reasonable attorney fees incurred in connection with any and all lawsuits brought against you by MIX under the TOS and any other terms and conditions of service on www.themix.org and/or www.mixmbb.org and/or any successor site, in which MIX prevail, including without limitation, lawsuits arising from your failure to indemnify MIX pursuant to the TOS. 

13. Termination. Either you or MIX may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing use of the Service and destroying all materials obtained from the Service. The TOS will terminate immediately without notice from MIX if you, in MIX's sole discretion, fail to comply with any provision of the TOS. Upon termination by you or MIX, you must destroy promptly all materials obtained from the Service and any copies thereof. Sections two through twelve (2-12) and fifteen through seventeen (15-17) shall survive any termination of the TOS.

14. Governing Law. The TOS shall be governed and construed in accordance with the laws of the District of Columbia, United States of America, without giving effect to conflicts-of-law principles thereof that might lead to the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located in Washington, D.C. with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

15. Miscellaneous. The failure of MIX to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

16. Headings. The section titles in the TOS are used solely for the convenience of you and MIX and have no legal or contractual significance.

17. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.

INQUIRIES REGARDING INTELLECTUAL PROPERTY ISSUES

1. General Inquiries: Please send general inquiries regarding intellectual property issues to:

Microfinance Information Exchange, Inc.
1901 Pennsylvania Avenue NW, Suite 307
Washington DC 20006
U.S.A.

2. Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: Peter Wall, Microfinance Information Exchange, Inc., 1901 Pennsylvania Avenue NW, Suite 307, Washington DC 20006, U.S.A., Tel: 01 (202) 659-9094, Fax: 01 (202) 659-9095.

© 2007 by Microfinance Information Exchange, Inc.
Microfinance Information Exchange, Inc., 1901 Pennsylvania Avenue NW, Suite 307, Washington DC 20006, U.S.A., Tel: 01 (202) 659-9094, Fax: 01 (202) 659-9095