Terms of Service
Last Updated: October 3, 2020
YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE OR, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND YOU REPRESENT AND WARRANT YOU HAVE OBTAINED SUCH PERMISSION.
YOUR USE OF THE WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
Violation of this License may result in infringement of intellectual property and contractual rights of MCKL, other Users, or other Persons, which is prohibited by law and could result in substantial civil and criminal penalties.
Third-Party Content and Products
By using the Website, you expressly release and hold MCKL harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any Losses (defined below) incurred as a result of any dealings between you and any third-party Persons, or as the result of the presence of such Third-Party Content or Third-Party Product on the Website or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons
Limitations on Website Use
The Website and Website Content, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Website’s functionalities or without express prior written consent of MCKL.
With limiting the foregoing, while using the Website, you may not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of MCKL or other Users, or use information learned from the Website or Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of MCKL or any other User outside of the Website;
- Use the Website or Content for any purpose in violation of applicable local, state, federal, or international law or regulation;
- Use or otherwise export or re-export the Website or any portion thereof, or the Website Content in violation of the export control laws and regulations of the United States;
- Conduct or forward surveys, contests, pyramid schemes, or chain letters;
- Impersonate another User or any other Person or knowingly allow any other Person to use your identification or Account to utilize the Website;
- Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner;
- Hack or interfere with the Website or its servers or any connected networks;
- Adapt, alter, license, sublicense, or translate the Website or Content for your own personal or commercial use except as may be expressly permitted by notices appearing on the Website or as separately agreed to between you and MCKL;
- Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
- Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by MCKL or any third-party licensor/owner thereof;
- Use the Website to collect Registration Data of Users by electronic or other means;
- Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining MCKL’s trade secret information for public disclosure or other purposes;
- Use, transfer, distribute, or dispose of Website or Website Content in any manner that could compete with the business of MCKL;
- Advertise or offer to sell any goods or services for any commercial purpose through the Website, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, which may be removed from the Website without notice to you at any time, unless otherwise agreed by you and MCKL in a separate written agreement;
- Circumvent, remove, alter, deactivate, degrade, or thwart any content protections in the Website; or
- Cause or induce any Person to engage in the restricted activities above.
The License granted to you terminates automatically upon any unauthorized use of the Website or the Content and MCKL will take appropriate investigative and legal action for any illegal or unauthorized use of the Website or Content.
Unlawful Activity; Termination of Website Access
In order to utilize certain full functionalities of the Website, each User may need to register and create an Account (each, an “Account”). You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, etc., and to create an Account login password (collectively, “Registration Data”). You agree that all Registration Data you provide to MCKL will be and remain at all times true, accurate, current, and complete. MCKL may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by MCKL.
MCKL will have the right to use your Registration Data in connection with servicing and operating the Website. You agree to (i) restrict access by any other Person to your Account password or other login information, (ii) not knowingly use the name or email of any other Person without authorization to create an Account, (iii) not use an email or profile name or other Registration Data that is profane, offensive, or otherwise inappropriate, (iv) not allow any third-party Person to use your Account login information, Registration Data, or Account, and (v) notify MCKL of any breach of security by promptly sending MCKL an email to email@example.com. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. MCKL is not responsible for any Losses as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.
If you are 13 years old or older but younger than the age of majority in your jurisdiction, you may register and become a Member on your own as long as you obtain your parent or legal guardian’s consent prior to registering, and by continuing to use MCKL, you represent and warrant that you have obtained that permission.
Fees and Payments
Advertisers on Website
The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. MCKL will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.
MCKL disclaims all liability for any communications directed to you from any third-party Person, directly or indirectly, in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. MCKL assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly release and hold MCKL harmless from any and all liability arising from your use of any Third-Party Communications, including any Losses incurred as a result of any dealings between you and any third-party Persons. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.
Representations and Warranties
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MCKL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MCKL’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. MCKL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PERSON THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND MCKL 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, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WITHOUT LIMITING THE FOREGOING, NONE OF THE MCKL PARTIES (DEFINED BELOW) WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NONE OF MCKL PARTIES SHALL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NONE OF THE MCKL PARTIES WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE MCKL PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT MCKL IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF MCKL’S LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD MCKL OR ANY OF ITS PAST, PRESENT, OR FUTURE PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES OR ANY OF THEIR RESPECTIVE PAST, PRESENT, OR FUTURE OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, CONTENT PARTNERS, VENDORS, LICENSORS, DISTRIBUTORS, ADVERTISERS, OTHER CONTRACTING PERSONS, AGENTS REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “MCKL PARTIES”) LIABLE FOR ANY SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PERSON’S LOSSES (DEFINED BELOW), INCLUDING AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION ANY CLAIMS ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MCKL OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL ANY OF THE MCKL PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE MCKL PARTIES IS LIABLE FOR LOSSES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AND MCKL AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR MCKL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR MCKL ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND MCKL FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, MCKL, AND ALL OTHER PARTIES TO ANY SUCH PROCEEDING.
Website Access Requirements; Errors and Corrections; Updates and Maintenance
Access to and use of the Website requires a compatible mobile device or web browser and Internet connection. Although MCKL endeavors to ensure that the Website is compatible across various devices, MCKL cannot guarantee that the Website will work with all devices and hardware types.
It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Website may vary in functionality, availability, and quality depending on the type of the device and the operating system that you use and MCKL accepts no responsibility for any lack of functionality that is due to your equipment (including your device, Internet connection, operating system or settings and software).
It is your responsibility to pay for all costs and expenses that you may incur while using the Website (including, but not limited to, all telephone call or line charges or Internet data service access charges).
MCKL does not represent or warrant that the Website or Website Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that the Website, Website Content, will always be accessible. MCKL does not warrant or represent that the Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of MCKL’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. MCKL is not responsible, and will have no liability, for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. Additionally, perfect security does not exist on the Internet; MCKL cannot and does not guarantee that any Registration Data or other personally identifiable information submitted, uploaded, posted, or transmitted in or to the Website will not become public under any circumstances.
MCKL may in the future update the Website, or any portion thereof, to change the Website Content and/or features thereof at any time (an “Update”). MCKL shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content, or portions thereof, arising from or in connection with an Update. Furthermore, MCKL is under no obligation to undergo an Update to the extent any Website Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.
Governing Law and Jurisdiction; Disputes
Waiver and Severability of Terms; Entire Agreement