1. REPRESENTATIONS AND WARRANTIES
Mainshares has not, is not, and will not make any guarantees, promises, or warranties that the Company will gain financial benefit or obtain participatory access in any diversity or procurement program as a result of your participation in the Program. Mainshares is not owned or affiliated with, and does not sponsor or endorse any particular company applying to the Program. Certification of a business by Mainshares is based exclusively on a company's qualifications for Certification and its conduct, as outlined in the Termst. Mainshares makes no representations regarding the quality, safety, morality, or legality of any aspect of the company's business, products, or services.
Mainshares expressly disclaims all warranties and guarantees of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or assurities that the Certification will produce any monetary gain or participatory access in any diversity or procurement program.
2. APPLICATION AND APPROPRIATE USES
Mainshares does not guarantee or promise approval of Your application in the Program.
You acknowledge that You submit this application at Your own risk and may be denied Certification if You fail to meet the requirements, complete the application process, or fulfill the responsibilities as outlined by these Terms.
3. REQUIREMENTS
Your application for the Program requires the following (“Application”):
The entity must qualify as a Locally Owned Small Business (as defined below);
The entity needs to be in good standing with their state of formation; and
The entity needs to have submitted an application submission
Mainshares will notify the Company’s contact email address on file of any deficiencies, errors, omissions, or other application inconsistencies allowing the applicant fourteen (14) days to resolve the issue via documented evidence sent via email to certification@mainshares.com. Failure to resolve deficiencies, errors, omissions, or other inconsistencies and failure to provide consistent information throughout the application process will result in the termination of Your Application.
4. ACCURATE INFORMATION
You agree to maintain accurate information by providing notice to Mainshares of any material change(s) in the Company's structure within five (5) business days of such change. Notification must be sent via email to certification@mainshares.com. Material changes shall be defined as:
A change in the cumulative or individual ownership percentage(s);
A change or amendment of filing status with the secretary of state in the state of formation;
obtaining a "NOT IN GOOD STANDING" or "FORFEITED" status from the state in which the Company was formed; and
A change in the Company mailing address, phone number, or company contact email address as provided in this application.
If, for whatever reason, You fail to notify Mainshares within five (5) business days of any material change, as defined above, such failure will constitute a material breach of these Terms, and upon Mainshares learning of the material change, your Certification will be terminated effective immediately.
You agree that Mainshares may use and rely on any information provided by You for all purposes related to Your Certification. If You provide any information that is inaccurate, not current, false, misleading, or incomplete; or if Mainshares has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, or incomplete; Mainshares, in its sole discretion, may terminate your Certification effective immediately.
Mainshares, in its sole discretion, reserves the right to terminate your Certification immediately if Your participation in the Program results in, or is the subject of, legal action or threatened legal action, against Mainshares .
5. QUALIFICATIONS
A Locally Owned and Operated Small Business is defined as a business:
In which 51% or more of the total ownership interest is held by an individual or individuals who reside within 100 miles of the business’s operating headquarters; and
Where the individual or individuals actively participate in the business’s operations by working a minimum of 10 hours per week, as demonstrated through hourly wages, timesheets, or other relevant documentation.
6. CERTIFICATION ISSUANCE AND EXPIRATION
The effective date of the Certification will be the date Mainshares completes the processing of Your Application and issues a Certification notice (the “Effective Date”). The Certification expiration date will be one calendar year from that Effective Date (the “Expiration Date”).
7. CERTIFICATION MATERIALS
Upon Certification approval, you may receive the following (non-exhaustive list) proofs of Certification:
Digital assets for use wherever you represent your company online;
Physical badges/signage for use in your physical location; and
Promotion/listing online on Mainshares’ digital platforms, websites, or social media profiles.
8. AUDIT
At any time Mainshares may issue an audit of Your Certification to verify that the information provided throughout your application is true and correct. Notification of the audit will be sent via email to the company contact on file with Mainshares and You will have fourteen (14) days to satisfy the audit requirements as detailed in the audit email notification.
9. PROFESSIONAL CODE OF CONDUCT AND ETHICS
You agree that Your Certification is subject to the Mainshares Code of Conduct policy (the “Code of Conduct”), which prohibits:
False or Fraudulent Representations;
Slanderous Statements in Federal Communications Commission Regulated Media or Electronic Media; and
Libelous Statements in Print or Electronic Media.
10. USE OF INTELLECTUAL PROPERTY
You agree that Mainshares holds all rights, title, and interest in all Mainshares publicity and intellectual property, including other rights related to intangible property, unless otherwise indicated. You agree that Mainshares materials are the intellectual property of Mainshares and Your use, assignment, and/or possession of Mainshares materials may be terminated immediately for breach of the Terms. Upon termination of Your Certification, You are required to cease-and-desist all promotion of Your Certification except in factually accurate reference of Your past and current status with Mainshares, or in reference to the Mainshares website (www.mainshares.com). You acknowledge and agree that Your Certification will be displayed on the Mainshares website, and that Mainshares, is the issuing agency and sole party responsible for the content maintained on the Mainshares website as it relates to You and Your company's Certification.
11. PRIVACY AND COMMUNICATION
Your Certification status will be publicly disclosed on the Mainshares website, (www.mainshares.com). You agree and consent that wire, oral, or electronic communication may be recorded by Mainshares for "quality control" measures.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Mainshares and its affiliates, including but not limited to Pine Street Labs, Inc., Beacon Business Brokerage LLC (dba Mainshares Advisors), Mainshares Capital I LLC, and Main Street Securities LLC (the “Affiliates”), shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your participation in the Program or your Certification.Mainshares liability is limited to the total amount paid by You for the Program Application.
13. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Mainshares and its contractors, agents, employees, officers, directors, shareholders, and Affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any breach of any representation or warranty provided herein, negligence or willful misconduct, third party claim, action, proceeding or demand related to the use or promotion of YourCertification by You or the Company or affiliates.In the event that Mainshares or any of its Affiliates or partners, is notified of a pending lawsuit, receives notice of the filing of a lawsuit, or learns that Mainshares or any of its Affiliates or partners is the subject or legal action or threatened legal action, Mainshares may seek a written confirmation from You concerning Your obligation to indemnify Mainshares. Mainshares will send the "Indemnification Request" via email to your Company point-of-contact requesting this confirmation. The Indemnification Request email is deemed to have been received by You (through the Company's point-of-contact) within five (5) days of the date it was sent by Mainshares.Written confirmation of indemnification must be received by Mainshares via email (at certification@mainshares.com) within ten (10) days after the Mainshares sent the Indemnification Request email to Your company's point-of-contact. The written confirmation must be signed by any person listed on the certification application form. Failure to respond to the indemnification request or failure to provide this written confirmation will result in the termination of Your Company's Certification effective the 11th day after the Indemnification Request email notification.You agree that Mainshares shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Mainshares of any such claim promptly, in writing, through Mainshares LLC, 2810 S. 1st St., Austin, TX 78704, and allow Mainshares to control the proceedings. You agree to cooperate fully with Mainshares during such proceedings.
14. NOTICES
You agree that all notices (except for notices concerning breach of the Terms) from Mainshares to You may be posted on the website (
www.mainshares.com). Notices concerning breach of the Terms will be sent to either the email address provided in this electronically submitted application or to the point-of-contact's email address, as maintained on file with Mainshares. In either case, delivery of all notices shall be deemed to have been made five (5) days after the date sent.Notices from You to Mainshares must be sent by email to certifications@mainshares.com.
15. SURVIVAL
Sections 1, 10, 11, 12, and 13 shall survive any termination or Expiration Date.