This website (“Website”) is operated by MCA Co. (“MCA”) and these terms and conditions apply to all websites owned, operated, controlled and otherwise made available by MCA, its member, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, SUBSCRIBING TO MCA SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE MCA SERVICES AND PRODUCTS, AND THE RELATED SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN.
MCA IS WILLING TO PROVIDE YOU WITH ACCESS TO THE MCA WEBSITE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM MCA OR ITS AFFILIATES IN CONNECTION WITH THE MCA TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE MCA TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE MCA TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM MCA.
By accessing, subscribing, downloading and/or otherwise using the MCA Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of MCA that may be published within the MCA Technology or this Website.
The MCA Technology (including, this Website) is owned and operated by MCA and its licensors and are protected by copyright and other intellectual property laws under United States and international laws and treaties – All rights reserved. The compilation and arrangement of all content, data and other information found within the MCA Technology is also the sole and exclusive property of MCA and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the MCA Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to MCA and its licensors and fully protected under U.S. and international intellectual property laws.
Use of the MCA Technology
Subject to the terms and conditions set forth herein and any third party restrictions, MCA grants you a non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the MCA Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the MCA Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the MCA Technology; provided you retain all MCA copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by MCA and MCA disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the MCA Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the MCA Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the MCA Technology, or any part thereof, including, but not limited to, using any part of the MCA Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; or (v) use the MCA Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of MCA, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use MCA Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using MCA Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the MCA Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the MCA Technology or servers or networks connected to the MCA Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the MCA Technology (including, but not limited, to this Website); and (xiv) “stalk” or otherwise harass another; or collect or store personal data about other users.
You agree not to access the MCA Technology by any means other than through the interface that is provided to you by MCA for use in accessing the MCA Technology.
By posting of information or other materials on this Website or within the MCA Technology or by making such information available for downloading by you, MCA does not waive any proprietary right in and to the MCA Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the MCA Technology except for the limited license expressly granted herein.
You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, and (e) shall not create any liability for MCA. You also agree to maintain and promptly update your Submissions by means of the MCA Technology in order to keep that information true, accurate, current and complete.
MCA does not and cannot review all Submissions posted to or created by users accessing the MCA Technology (including, but not limited to, this Website), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the MCA Technology (including, but not limited to, this Website), MCA is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though MCA may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, MCA reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to MCA in its sole discretion.
Electronic Delivery Policy and Your Consent
By using the MCA Technology, you consent to receive from MCA all communications including notices, agreements, legally required disclosures or other information in connection with the MCA Technology (collectively, “Notices”) electronically. MCA shall provide such electronic Notices by posting them on this Website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Website and the MCA Technology.
Any and all trademarks displayed within the MCA Technology are owned by MCA, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of MCA. “Confidential Information” means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to MCA or its licensors, including, but not limited to, all parts of the MCA Technology and any other materials or information related to the business or activities of MCA that are not generally known to others engaged in similar businesses or activities.
You access and use the MCA Technology at your sole risk. The MCA Technology is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, MCA disclaims all warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.
Without limiting the foregoing, MCA does not represent or warrant that (a) the MCA Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the MCA Technology will be corrected, (c) the MCA Technology or the servers that operate the MCA Technology are free of viruses or other harmful components, (d) the data, results and information within the MCA Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the MCA Technology will meet your needs, requirements or expectations.
MCA may make changes to the content within the MCA Technology or to the products or services described in it, at any time without notice to you. Further, MCA assumes no liability or responsibility for any errors or omissions in the content within the MCA Technology. The materials in the MCA Technology may be out of date or inaccurate, and MCA specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the MCA Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.
You acknowledge and agree that MCA shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by MCA. You acknowledge and agree that MCA shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the MCA Technology provided by any other user of this Website or any third party licensors or suppliers of MCA.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for a period of thirty (30) days after the date on which you first access the MCA Technology, and no warranties shall apply after such period.
Harassment in any manner or form on this MCA Website or through the use of the MCA Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MCA employee or representative, as well as other members or visitors on this MCA Website or through use of the MCA Technology is prohibited. You may not upload to, distribute, send or otherwise publish through this MCA Website or within the MCA Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party’s intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates MCA’s then current policies). You may not upload commercial content on this MCA Website or within the MCA Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.
You agree not to:
(a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs via or through the MCA Technology; (b) use Internet Relay Chat (IRC) bots via this MCA Website (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the MCA Technology or the normal flow on this MCA Website of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) run any program on this MCA Website or through the MCA Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the MCA Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the MCA Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the MCA Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of MCA or another entity, or obtain or bypass others’ passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).
Limitation of Liability
NEITHER MCA, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE MCA TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MCA TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE MCA TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE MCA TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE MCA TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE MCA TECHNOLOGY WHETHER OR NOT MCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL MCA’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO MCA FOR ACCESS AND USE OF THE MCA TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH MCA TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00).
ANY INFORMATION PROVIDED TO YOU AS PART OF THE SERVICES MADE AVAILABLE ON THIS WEBSITE REGARDING YOUR RIGHTS UNDER FEDERAL, STATE OR OTHER LAW IS INTENDED TO PRESENT ONLY A GENERAL OVERVIEW OF SUCH LAW AND IS NOT INTENDED TO CONSITUTE LEGAL ADVICE. IF YOU HAVE SPECIFIC QUESTION OR CONCERNS RELATING TO SUCH LAWS, YOU SHOULD SEEK APPROPRIATE LEGAL COUNSEL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to MCA Technology
You shall be responsible for obtaining access to the MCA Technology and for all equipment necessary to access the MCA Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the MCA Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the MCA Technology and to select a unique username and password in order to be able to access your account and use any of the MCA Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify MCA in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to firstname.lastname@example.org.
The MCA Technology resides on the public internet. MCA uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to MCA and any information stored on servers controlled by MCA. Notwithstanding these efforts, MCA cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the MCA Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the MCA Technology, overloading, “flooding,” “mailbombing” or “crashing” the MCA Technology. Violations of system or network security may result in civil or criminal liability. MCA reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
Subject to the terms and conditions set forth herein, you may use the MCA Technology only for lawful purposes. The MCA Technology is subject to, and you agree that you shall at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations and ordinances including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law that are applicable to the use of the MCA Technology and to your Submission.
You agree to indemnify, defend, and hold harmless MCA, its affiliates, agents, vendors, distributors, licensors and suppliers and their officers, directors, and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the MCA Technology; and (d) any use of your Submission by MCA or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.
The blog entries, quotations and other editorial content on this MCA Website are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of MCA, its parent company and/or their indirect and direct parent companies and affiliates.
You agree that MCA, at its sole discretion, may terminate or suspend your access to and use of the MCA Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if MCA believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. MCA reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the MCA Technology (or any part thereof) without notice. You agree that MCA shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the MCA Technology. Your obligations under this Agreement shall continue even after MCA has terminated and/or cancelled this Agreement or your access to the MCA Technology.
Products and services sold from this Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, MCA reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colors & Specifications
The MCA Technology (including, but not limited to, this MCA Website) attempts to display product images shown through it as accurately as possible. However, MCA cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the MCA Technology (including, but not limited to, this MCA Website) are subject to change at any time without notice. Weights and measures are approximate.
Pricing, Special Offers and Promotions
All prices shown through the MCA Technology (including, but not limited to, this MCA Website) are applicable solely for purchase by users directly through this MCA Website. Prices are subject to change without notice. Prices within the MCA Technology (including, but not limited to, prices on this MCA Website) may not be the same as prices available through sales representatives, telephone orders, or promotional offers. MCA does not have a price match guarantee.
Special product, pricing or service offerings and promotions may be displayed from time to time through the MCA Technology (including, but not limited to, on this MCA Website) and are considered discontinued and no longer valid once they are removed from the MCA Technology (including, but not limited to, this MCA Website). In addition, all such offerings and promotions displayed through the MCA Technology (including, but not limited to, on this MCA Website) are subject to change or cancellation at any time without notice. Programs/promotions available through sales representatives or telephone orders may not be available through the MCA Technology (including, but not limited to, this MCA Website) and vice versa.
Other product and service limitations and disclaimers may apply.
The price for a product or service on the MCA Website may differ from the price shown in your shopping cart at the time of your purchase at the MCA Website — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the MCA Website. If the price for the item on the MCA Website is incorrect, then, at the sole discretion of MCA, MCA may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before charging you for such product or service; (c) cancel the order for such service and notify you of such cancellation; or (d) sell the product or service at the incorrect price to your benefit. If your credit card has already been charged for the purchase and your order is cancelled or refused, MCA shall issue a credit to your credit card account in the amount of the incorrect price that was charged.
Applicability of Content
This Website is operated in the State of Florida, United States of America, and MCA makes no representation that the content provided through the MCA Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our MCA Technology (including, but not limited to, this Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the MCA Technology, you may not view or use the MCA Technology.
Product & Service Availability
The MCA Technology (including, but not limited to, this MCA Website) refers to products and services available for purchase at this Website by buyers with a shipping address located within the United States of America. Subject to the terms and conditions of this Agreement, MCA will sell products, and provide services, to you if the product or service is currently available and/or the product is in MCA’s inventory or the service is a service made commercially available by MCA. MCA cannot guarantee the availability of a product or service at all times.
Sales Tax Policy
Sales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.
Validating Your Order
After you place an order through the MCA Website, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order.
We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever. If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.
Paying for Your Order
You may pay for your order by Bank Check Card, Personal Check or Money Order. The accepted methods of payment may change at MCA’s sole discretion.
Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion.
Your credit or debit card is generally charged upon receipt of your order.
Purchase Policy and Fees
You acknowledge and consent to MCA Co. purchasing, processing and transaction fees as follows:
a. MCA Co. may collect an % processing fee on all donations not to exceed 8%.
b. A variable transaction fee, on average of 2.9%, will also be incurred on all transactions.
c. All donations are final. If you have any concerns with payment/deposits via Paypal, you may refer to Paypal.com for resolution.
This Agreement shall be governed and construed in all respects by the laws of the State of Florida, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MCA Technology, and purchases of products and/or services through the MCA Technology must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitation which otherwise may apply. You agree to submit to the exclusive jurisdiction of the courts of the State of California or the United States District Court for the State of California for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of this Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
MCA Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, MCA has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement on this Website. MCA respects the intellectual property of others, and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide MCA’s Copyright Agent the following information (the “Copyright Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the MCA Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your Copyright Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
This Agreement governs your use and access to the MCA Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with MCA. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Website or within the MCA Technology, conflicts with any provision of your other agreements with MCA, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement.
Links to Other Web Sites
Revisions and Consents
MCA reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. MCA also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the MCA Technology (including, but not limited to, on this Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Website or via electronic notice as described above. By continuing to enter this Website and/or using the MCA Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
This Agreement constitutes the entire agreement between you and MCA with respect to the subject matter addressed herein, and governs your access to and use of the MCA Technology, superseding any prior agreements between you and MCA relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with MCA pursuant to your enrollment and/or participation in other features of the MCA Technology.
Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
MCA’s failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. MCA may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of MCA. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Any claim relating to MCA Co.’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Created: April 30, 2012