Effective as of April 24, 2018
This TOU may be amended or modified by MCM at any time, with or without notice, on the understanding that such changes will not apply to usage prior to the amendment or modification, or to claims arising prior to such change. Your continued use of any part of the MCM Website constitutes acceptance to such change. It is therefore essential that you consult and accept the TOU at the time of accessing the MCM Website, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you used the MCM Website or reviewed the TOU. Updates to this TOU will be denoted by the date marker at the beginning of this document.
- LICENSE GRANT. This TOU provides You with a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicenseable license to use the MCM Website solely for your personal use and conditioned on your continued compliance with this TOU. You may print materials and information from the MCM Website solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, You may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the MCM Website (or any part thereof) in any manner not expressly permitted by this TOU, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the MCM Website (or any part thereof); (iii) access, link to, or use any source code from the MCM Website (or any part thereof); (iv) erase or remove any proprietary or intellectual property notice contained in or on the MCM Website (or any part thereof or materials therefrom); (v) You will not tamper or interfere with the proper functioning of any part, page or area of the MCM Website and any and all functions and services provided by MCM, including any manner that could damage, disable, overburden or impair the MCM Website; (vi) You will not submit any purposely inaccurate information, committing fraud or falsifying information in connection with your Account (as defined herein); or (vii) You will not attempt to scan or test the security or configuration of the MCM Website or to breach security or authentication measures without proper authorization.
- USER OBLIGATIONS. By accessing or using the MCM Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the MCM Website. In addition, You agree to assume all responsibility for compliance with this TOU and for your use, and the results of your use, of the MCM Website.
- PROPRIETARY RIGHTS. The contents of the MCM Website, including all software, designs, text, graphics, images, photographs, illustrations, audio and video materials, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the MCM Website unless otherwise indicated, are owned, controlled, and licensed by MCM. Any rights granted hereby are expressly licensed. MCM does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the MCM Website (or any part thereof) to You or anyone else. The MCM Website is Copyright © March 2014 MIDLAND CREDIT MANAGEMENT, INC. and/or its licensors. MIDLAND CREDIT MANAGEMENT, MCM, MCM Plus Logo Design and all other names, logos, and icons identifying MCM and its products and services are proprietary trademarks of MCM, and any use of such marks, including, without limitation, domain names or account identifiers, without the express written permission of MCM is strictly prohibited. Other product and company names mentioned herein or on the MCM Website may be the trademarks and/or service marks of their respective owners.
- LINKS TO OTHER SITES. MCM may provide links, in its sole discretion, to other websites or online social networks (or pages) for your convenience in locating or accessing related information, products, and services. These sites, networks, and pages have not necessarily been reviewed by MCM and are maintained by third parties over which MCM exercises no control. Accordingly, MCM expressly disclaims and shall not have any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, networks, or pages. Moreover, these links do not imply an endorsement with respect to any third party, any website, network, or page, or the products or services provided by any third party.
- AVAILABILITY AND ACCURACY OF THE MCM WEBSITE. You agree that from time to time MCM may modify or remove the MCM Website, including any features therein, for indefinite periods of time at any time, without notice to you. While MCM uses reasonable efforts to keep the MCM Website accessible, the MCM Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. Although MCM strives for accuracy in all elements of the MCM Website, it may contain errors, inaccuracies or omissions. MCM reserves the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the MCM Website is inaccurate at any time without prior notice. Although MCM makes reasonable efforts to prevent tampering with the MCM Website, MCM does not guarantee that MCM’s efforts will always be successful. MCM is not responsible for your reliance on any information or content found on the MCM Website, which for the avoidance of doubt includes any information related to a listing or practice, and MCM makes no representations about the accuracy, reliability, completeness, or timeliness of the MCM Website or information thereon, and is not responsible for the conduct, whether online or offline, of any person using the Website, including any person’s violation of this TOU.
- Creating an Account on the MCM WebsiteIn order to access certain features of the MCM Website, you must create user account with MCM (“User Account”). To create a User Account, you must be a legal resident of the United States and at least 18 years of age at the time of registration. You will be asked to provide your name and email address to create a User Account. You may only create one User Account as an individual. You must safeguard your password and supervise the use of your User Account, and understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify MCM immediately of any unauthorized use of your User Account. Your User Account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business.If you violate any of these limitations, MCM may terminate any or all of your User Account. If MCM terminates your User Account, you may not re-enroll or join under a new user account unless MCM formally invites you. If you commit fraud or falsify information in connection with your use of the MCM Website or in under your User Account, your User Account may be terminated immediately and MCM reserves the right to hold you liable for any and all damages that MCM suffers, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity MCM associates with you or your use of the MCM Website.
- FEEDBACK. MCM welcomes your feedback and suggestions about MCM’s products or services or with respect to how to improve the MCM Website. But, by transmitting any feedback or suggestions and any related information, material, or other content (collectively, “feedback”) to MCM, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to MCM. In addition, any feedback received by MCM will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for MCM to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in the information, material, or content related to such feedback, and You hereby waive any claim to the contrary.
- WARRANTY DISCLAIMER. THE MCM WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MCM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE MCM WEBSITE AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MCM ALSO DOES NOT REPRESENT OR WARRANT THAT THE MCM WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MCM WEBSITE IS WITH YOU.
- LIMITATION OF LIABILITY. You acknowledge and agree that MCM shall not be liable or responsible for any claim, damage, or loss resulting from a cause beyond MCM’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or other natural disasters, strikes or other labor problems, wars, or governmental restrictions.MOREOVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL MCM BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE MCM WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF MCM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF MCM FOR ANY REASON WHATSOEVER RELATED TO USE OF THE MCM WEBSITE, RESULTS FROM USE OF THE MCM WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS TOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
- ENFORCEMENT. MCM wishes to maintain the MCM Website as a helpful resource for all of its users. As it relates to MCM, MCM reserves the right to view, monitor, and/or record activity on the MCM Website (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the MCM Website may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall You permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by MCM for use of or with the MCM Website. Moreover, You also acknowledge that any breach, threatened or actual, of this TOU by You may cause irreparable injury to MCM and/or its licensors, such injury would not be quantifiable in monetary damages, and MCM and/or its licensors would not have an adequate remedy at law. You therefore agree that MCM and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that MCM or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to MCM to enforce any provision of this TOU.
- TERMINATION. MCM also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this TOU, to terminate this TOU with You (including any registered account) and your right to access and use the MCM Website. You acknowledge and agree that MCM shall have the sole right to determine in its reasonable discretion whether You are engaging in any unauthorized activity and/or violating any term or conditions of this TOU. MCM shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of this TOU in accordance with this section. You may also terminate at any time by ceasing to use the MCM Website. But, all applicable provisions of this TOU will survive termination, as outlined below. Any licenses from MCM and any right to use the MCM Website shall immediately cease upon termination of this TOU. The provisions concerning feedback, MCM’s ownership rights, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this TOU for any reason.
- GOVERNING LAW. This TOU has been made in and will be construed and enforced solely in accordance with the laws of the State of California, U.S.A., as applied to agreements entered into and completely performed in the State of California. The state or local courts in the State of California will have exclusive jurisdiction and venue over all controversies in connection with this TOU, and You hereby consent to such exclusive and personal jurisdiction and venue. Any claim You might have against MCM relating to performance under this TOU must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOU and that each party has the right to seek attorney’s fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOU and is hereby disclaimed.