All sales are final and non-refundable since you cannot return digital resources. However, we understand that stuff happens and things don’t always go as planned. So we are offering refunds in a few limited circumstances. If your purchase falls into one of the exceptions listed below, you may be eligible for a refund. Refund requests must be submitted within one year of your purchase and are granted on a case-by-case basis.
- Compromised Resource File – A resource file is damaged or is missing content.
Example: A thumbnail or preview is uploaded as the resource itself.
- Misrepresentation – A resource preview and/or description misrepresents what is actually contained in the resource. (Requests are subject to MCE review.)
Example: A product description states there are 50 multiple choice questions in a resource but instead there are 50 true or false questions.
- Technical Limitations — You are unable to access a resource because the technical requirements aren’t included in the resource description.
Example: A resource is a Notebook file but this is not listed anywhere.
- Duplicate Purchase — The same resource is purchased twice.
Example: You purchase a resource contained in a specific bundle and then later purchase that bundle within one year of the original purchase.
- File Download Status — You purchased a resource but never downloaded the file from your “My Purchases” page. (Verified by MCE).
Example: You purchased a third grade resource over the summer (that you did not download) and find out you are teaching second grade next year.
- If you are charged twice for 1 item
- Billing errors/mistakes
If your purchase meets these guidelines, you can submit a refund request. As part of your request, be sure to include the resource name, your concerns about the resource, and any specific examples or details you might have. Screenshots welcome!
TERMS OF SERVICE
Effective Date: November 1, 2017
Welcome to MakkahCentric Education! (referred to in this policy as “MakkahCentric Education”, “MCE”, “us”, “we”, or “our”) has adopted the following Terms of Service which govern your relationship with MCE and provide important information about your legal rights (“Terms”).
These Terms explain the rules you need to follow when you visit our website at Makkahcentriceducation.com and any affiliated web pages we may host (“Site”), our mobile applications (“Apps”), and any other services we might offer (together with Site and Apps, our “Services”).
MCE is an open marketplace for educators and creators to discover, buy, sell, and share their original content for teaching and learning, classroom decor, and supplies for creating such works (“Resources”). Resources may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types. MCE may modify, add, discontinue support for, or limit the availability of any product type. A Resource, together with the Resource title, description, and other listing information make up a “Resource Listing.” MCE at no time owns or sells Resources for or on behalf of our Sellers.
Users of the marketplace include members who have registered for a MCE account (“Account”) (“Members”) and visitors who browse the marketplace without registering for an Account (“Visitors”). (Visitors and Members together are our “Users”.)
To use many aspects of our Services, you’ll be asked to become a Member. Only individuals who are 18 years of age or older are eligible to become Members. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old.
When you create an Account, the information you provide needs to be true and accurate. Don’t provide fake or false information, don’t provide information that violates someone else’s rights, and don’t impersonate someone else.
We may ask for proof of your age or identity at any time in order to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity.
If you’re a school, organization, government, business, or other entity, the person whose email address is associated with the Account must have authority to bind the entity to this Agreement.
If your Account has been closed by MCE, you are no longer eligible to be a Member of our community.
B. USERNAME & PASSWORD
You’ll be asked to pick a username for your Account. Your username has to be unique and can’t be inappropriate, offensive, or something that violates the rights of someone else.
You’ll also be asked to pick a password to protect your Account. Together this information is used to access your Account. It’s your responsibility to keep your login information confidential and you’re responsible for any and all activity that happens under your Account whether or not you authorized it. If you believe that your Account has been accessed by an unauthorized person, please contact our Customer Experience team as quickly as possible at email@example.com so we can help.
C. MEMBERSHIP TYPES
Buyers. You can join MCE as a Buyer to use our Services for purchasing and downloading Resources (“Buyer”, “Buyer Membership”). A Buyer Account is owned by the individual whose name and email address are listed on the Account profile. As a Buyer, you’ll be able to make purchases, download free and purchased Resources, post Feedback, questions, comments, requests, or other public messages (“Communications”), submit requests for custom products, connect with other Members, your School, or an Organization, and enjoy other features and services we may offer.
Sellers. You can enjoy additional capabilities that allow you to offer and sell Resources through our Services as a Seller (“Seller”, “Seller Membership”). Sellers include individuals offering their own authored works (“Teacher-Authors”) and organizations or entities offering materials produced by one or more employees or commissioned authors (“Publishers”). MCE reserves the right to modify your Seller Membership type at any time at our discretion. (See “Membership Fees” Section for more information about Seller Memberships.)
Seller Memberships have all the same features of Buyer Memberships plus the ability to upload and sell Resources, access sales data, purchase promotional space, access marketing features and tools, and access additional information and communication features. The tools and features available to a Seller depend on the Seller’s chosen Membership level.
Organizations. Users such as Schools or other entities using MCE for Schools (“Organization Membership”) to purchase and download Resources are bound by the provisions of the MCE for Schools BETA User Agreement which is incorporated as part of these Terms. Members who link their Account to an Organization must comply with these Terms as well as the provisions of the MCE for Schools BETA User Agreement.
D. MEMBERSHIP FEES
Purchases. All Members will be charged, in U.S. Dollars, the price listed at checkout which may or may not include taxes, fees, or shipping charges for any purchases. Members are solely responsible for any other taxes, fees, or other costs they may incur by making a purchase from our Services.
Buyers. Joining as a Buyer is free. Buyers may, at any time, and after paying any applicable fees, upgrade to a Seller Membership.
Sellers. MCE offers multiple Seller Membership options. Each Seller Membership has different features and privileges, Payout Rates, and Fees.
“Fees” include (1) membership subscription fees charged each membership term (“Membership Fees”), and (2) fees charged per Resource sold (“Transaction Fees”).
“Payout Rate” is defined as the percentage of the list price you earn for each Resource you sell. Payout Rates may vary depending on the type of Resource and your Membership level. Your Payout Rate is applied only to the list price of each Resource at the time sold, before any Transaction Fees or Shipping Charges are applied. See Section 5 for additional information on Earnings and Payouts.
The Fees and Payout Rates for each Seller Membership are defined in our Seller Fees and Payout Rates Policy which is incorporated as part of these Terms. For any membership for which a Membership Fee applies, your membership will automatically renew each term unless you cancel the renewal. Click here or contact us to learn how to cancel your renewal.
We may, in our discretion, make changes to the Memberships we offer, the privileges and features available to each Membership, as well as the Fees and Payout Rates associated with each Membership at any time.
In advance of any Fee increase or change in Payout Rates, we’ll notify all affected Users at the email address associated with the account in accordance with these Terms. Changes in Payout Rates will be applied to all affected Sellers as of the stated effective date of the change, irrespective of any individual Seller’s Membership Fee renewal date. Any increase in Membership Fees will be applied only to renewals taking place after the change goes into effect.
Sellers are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Services.
These Terms are the entire agreement between you and MCE, and they govern your relationship with MCE. Becoming a Member of our Services does not create an agency, employment, or partnership relationship between you and MCE. MCE is not the employer of and does not act as an agent for any Member.
F. ACCOUNT CLOSURE
Closure by MCE. We may, in our discretion, close or suspend the Account of any Member at any time for any reason, with or without notice.
Effect of Account Closure. After your account is closed, you’ll no longer have access to your Account information, past purchases, uploaded Resources, and many of the features of our Services that require an Account. If you close your Account on your own, you can reopen your Account anytime by logging in again. If you’d like for MCE to close your Account so that it cannot be reopened upon login, please write to us.
If you’re a Seller, any Resources you’ve posted will no longer be searchable and your Resource pages will not be available to Users, however your paid Resources remain accessible to the Accounts of Members who have previously purchased them.
Discontinue Services. We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation in our Services may mean that that your Account, including any Resources or other materials you may have purchased from our Services, and any Resources or Communications (collectively “Content “) you may have uploaded to our Services, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Resources that you’ve purchased, or loss of income from your temporary or permanent inability to sell Resources through our Services.
2. MCE Community
A. COMMUNITY GUIDELINES
As a User of our Services, you are required to follow our Community Guidelines which are incorporated as part of these Terms. We may modify or add to these rules at our discretion. If you violate any of these rules, we may take action against your Account, such as removing Content you’ve posted, removing Resources from your Account, suspending or terminating your Account, issuing a refund to your Buyer, or any additional action that we deem necessary.
B. COMMENTS, RATINGS & REVIEWS
You may have the option to provide a review of a Resource you’ve purchased or downloaded for free by providing a rating and a comment (“Feedback”). Any Feedback you choose to leave should reflect your honest experience using the Resource for its intended purpose and must comply with our Comments and Ratings Guidelines. We may, at any time, set additional requirements or limitations for leaving Feedback such as a minimum or maximum characters, time-based restrictions, or other requirements. Sellers may not leave feedback on their own Resources or otherwise attempt to undermine the integrity of our Feedback system. We may remove Feedback for any reason, at any time, without notice and we may ban a Member from leaving future Feedback.
C. REWARDS PROGRAMS
We may, at our sole discretion, offer Members opportunities to earn rewards through various programs or incentives (“Rewards Programs”). You can view the rules of our current Feedback Rewards program here, and current Referral Program here.
We are under no obligation to offer a Rewards Programs of any kind or to issue compensation in any specific form. We may change the compensation amount or form, Rewards Program requirements, and the conditions for receiving future compensation at any time. We reserve the right, at our discretion, to revoke or withhold compensation or ban a Member from receiving Rewards or participating in a Rewards Program. We reserve the right to modify, suspend, or discontinue any such Rewards Program at any time.
D. MONITORING CONTENT
MCE has the right, but not the obligation, to monitor any activity and Content associated with our Services. We may investigate any complaints or reported violation of its policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension, or termination of your Membership, denying access, and/or removal of any Content on the site, including Resource Listings.
3. Resource Licensing Policy
A. IN GENERAL
License. MCE Sellers own and maintain the intellectual property rights in their Resources and grant Members licenses to use such Resources for limited use as described in this section. When you purchase a Resource, you’re purchasing a license to use the Resource in accordance with the terms of this Resource Licensing Policy. All downloadable and digitally consumed Resources can only be used in accordance with a license, which can either be an “Individual License” or a “Classroom License.”
Your use of any Resource, regardless of license type and whether the license is purchased by you, transferred to you by your Organization, or purchased for you as a gift or on your behalf by your school or other entity, is subject to this Resource Licensing Policy and other terms set forth in these Terms. You agree to comply with the terms of this Resource Licensing Policy as well as any additional terms the Seller provides in the Resource Listing, to the extent that such terms do not conflict with these Terms. In the event of any conflict between this Resource Licensing Policy and a Seller’s terms, this Resource Licensing Policy will govern, except that Sellers may grant certain additional rights to their Resources.
B. INDIVIDUAL LICENSE
An Individual License is a license that may only be assigned to a single specific individual user (“Assignee”) (e.g. one specific teacher) for that Assignee’s lifetime use. Individual Licenses are non-transferable and may not be used by or reallocated to a different Assignee (for example, a teacher who purchases an Individual License can use such Resource, in accordance with this section, for her or his lifetime but cannot transfer use of such Resource to another teacher after her or his retirement).
Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), under an Individual License, the Seller grants to the purchasing Member, for use by one Assignee, a non-exclusive, perpetual, irrevocable, non-transferable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.
If you purchase an Individual License, the Seller permits you to:
- Assign use of the Resource to one Assignee. Once an Assignee has been designated, the Resource cannot be used by any other individual without purchase of an additional license. For clarity, you can purchase an Individual License for yourself, as a gift, or as an Organization purchasing on behalf of a teacher. In such cases, a single “transfer” of the Resource to the intended recipient is permitted, but you may not reallocate an Individual License from one user to another or share the Resource with additional users unless you purchase an additional license.
As an Assignee of an Individual License, the Seller permits you to:
- Use the Resource for personal, educational, and instructional use only (“Personal Use”). This means you can use Resources for your own personal purposes, for your individual study, and to teach your students.
- Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to your students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or otherwise reproduced.
Unless otherwise expressly permitted by the Seller:
- You may not use the Resource, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.
- You may not post or otherwise make the Resource available on any website.
- You may not share, send, sell, sublicense, or transfer the Resource to someone else for their own Personal Use unless you purchase an additional license for each additional educator you will share it with. Each Individual License is for use by one specific educator only.
C. CLASSROOM LICENSE
Subject to these Terms and other policies made available by MCE, Organizations using MCE for Schools may have the option to purchase an upgraded transferable “Classroom License” or upgrade an existing Individual License to a Classroom License. Classroom Licenses allow for reallocation from the original Assignee to a new user under the conditions provided in this section. Classroom Licenses are only available to MCE for Schools purchasers.
Although Classroom Licenses can be transferred from one Assignee to another in accordance with the terms of this Resource Licensing Policy, a Classroom License may be used by only one user at a time. In order to transfer a Classroom License from one Assignee to another, an Organization must first reclaim the Classroom License from the current Assignee. An Organization may reclaim a Classroom License in order to transfer it to a new user no more than once per calendar year. MCE may, in its discretion, modify the frequency with which a Classroom License may be transferred, or allow additional transfers on a case-by-case basis.
Except as otherwise stated in these Terms (including without limitation the “Limitations on Access” section set forth below), under a Classroom License, the Seller grants to the purchasing Member, for use by one Assignee at a time, a non-exclusive, perpetual, irrevocable, non-sublicensable, worldwide, limited license to use the Resource for the purposes and under the conditions described below. The Seller may grant additional rights at their discretion.
If you purchase a Classroom License, the Seller permits you to:
- Transfer the Resource to one Assignee (e.g. a teacher within your Organization) at a time. Unlike an Individual License, you can reclaim the license from the Assignee and re-assign it to a different user. You may not share a Resource with multiple users concurrently unless you purchase additional licenses.
As an Assignee of a Classroom License, the Seller permits you to:
- Use the Resource for Personal Use only.
- Print and make copies of downloadable Resources as necessary for Personal Use. Copies may be made and provided to students, classroom aides, and substitute teachers as necessary. Copies may also be made for students’ parents, classroom observers, supervisors, or school administrators for review purposes only. Hard goods and video resources may not be copied, shared, or reproduced.
Unless otherwise expressly permitted by the Seller:
- You may not use any Resource, in part or in whole, for commercial purposes. This means you can’t sell it, use it for advertising or marketing purposes, or use it in any other way in connection with a business or profit making activity.
- You may not post or otherwise make any Resource available on any website.
- An Assignee may not continue to use a License that has been reclaimed by the Assignee’s Organization after the license is reclaimed.
D. LIMITATION ON ACCESS
Downloadable Resources. MCE cannot guarantee continuous access to any Resource through our Service. For example, if at any time, MCE stops hosting a Resource for any reason or you or MCE terminates, suspends, downgrades, or otherwise limits your Account or access to MCE’s Services, your ability to access the Resource through our Services may be terminated. It’s your responsibility to maintain and store a copy of downloadable Resources on your device to ensure future access.
Digital and Video Resources. If you purchase access to a Resource in the format of streaming video or other non-downloadable formats, your license will expire if you or MCE closes your account, or if MCE stops hosting the Resource for any reason.
4. Intellectual Property
A. THE SERVICES AND THE SITE CONTENT
Except for Content uploaded or posted by Members, all other aspects of the Site and the Apps you find on our Services is owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site or Apps (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.
You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.
B. YOUR CONTENT
Rights you grant to MCE. Some parts of our Services allow you to upload or post Content. You retain any intellectual property rights that you hold in that Content. MCE does not take or claim any ownership (copyright, trademark, or otherwise) over your Content.
When you post or upload Content to our Services, you grant to us limited rights to store, use, and display, and provide access to the Content you post as necessary to provide our Services, such as to display your Resource in your store and in search results, to make your Resources available for download, and to display and promote your Resources on TeachersPayTeachers.com, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual (except as otherwise provided herein), worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users.
Rights you grant to others. When a Member purchases a license to use your Resource or downloads free Resources from you, you allow them to use your Resource as described in Section 3 of these Terms above, in accordance with the license type purchased by such Member and any other terms you expressly set forth in writing in connection with such Resources (as long as any additional terms do not conflict with these Terms). For clarity, you may, at your discretion and in accordance with these Terms and any other policies set forth by MCE, grant additional rights to purchasers of your Resources, but you may not enforce limitations on such use that are inconsistent with the rights granted in Section 3.
For Classroom Licenses, the list price will automatically reflect an increase over the price you set for an Individual License, and will be determined by applying a default “premium” percentage (determined by MCE) to the Individual License list price. The default premium percentage number is subject to change by MCE. As a Seller, you may increase the premium percentage (and therefore the overall price of a Classroom License) based on available increments up to 100%, but you may not set a premium percentage lower than the default determined by MCE. Please contact us for assistance.
Effect of account closure or Resource deactivation. If you or MCE closes, suspends, or otherwise limits your Account or access to the Services, or downgrades your Account to a Buyer Membership, we’ll no longer display your store page or your Resource Listings, and your Resources will no longer be available for purchase or download by Members who haven’t previously purchased them. If you or MCE deletes or deactivates a single Resource Listing, that Resource will not be available for purchase or download by Members who have not previously purchased or downloaded the Resource, and the Resource Listing will no longer be displayed in your store or in search results. If any of the above situations takes place, MCE will continue to store your Resource file on our servers and will continue to make it available for download by Members who have previously purchased the Resource subject to other limitations set forth in these Terms. MCE will continue to display your Communications unless you remove them from the Services before you go. If you do remove them, we’ll no longer display them on our Services, but we may continue to store a copy of them in our databases.
C. REPORTING INTELLECTUAL PROPERTY VIOLATIONS
We respect the intellectual property rights of others and expect the same from all of our Members. No Member may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else.
We will close the Accounts of Members who repeatedly violate this rule.
We comply very closely with the Digital Millennium Copyright Act (DMCA) and other laws governing the use of intellectual property. That policy is incorporated as part of these Terms.
5. Payment, Earnings, and Payouts
A. PURCHASING TERMS & REFUNDS
Refund Policy. When you list a Resource or make a purchase on MCE, you agree to our Refund Policy. Except as provided in our Refund Policy, all sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Sellers can view a refund and any applicable refund note in their Sales Details report. Sellers may authorize a full or partial refund for any reason by contacting us.
Payment methods and currency. We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, PayPal Account, School Purchase Order, MCE Account credit, or the available balance on a valid MCE Gift Card. We accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.
School Purchase Orders. Payment by School Purchase Order is available only to schools, districts, and other eligible educational institutions. By submitting a School Purchase Order, you represent and warrant that you have authority to bind the purchasing entity in the transaction, and that the entity agrees to pay the total price as quoted on the MCE Purchase Order Quote, including applicable processing fees. Invoices for School Purchase Orders must be paid in U.S. Dollars, and payment is due within twenty-one days of the Invoice Date. Cash payments and payments in other currencies will not be accepted.
Promise to pay. When you buy something on MCE (including Resources, MCE Gift Cards, Account credit, Seller Memberships, promotional, marketing or other services which may be available to Sellers, and other products or services we may offer), you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that MCE may charge your payment method the amount due, which will be in U.S. Dollars. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees. Payment for certain purchases by Sellers, such as promotional services, may be collected through a deduction from the Seller’s next Earnings Payout, or by credit or debit card if your current unpaid earnings are not enough to cover the purchase price.
Failure to pay and payment disputes. Failure to pay as promised may result in late fees being charged, Resources being removed from your Account, Account suspension or closure, or any other action we deem necessary. If we receive notice that you’ve disputed a charge related to a purchase made from your MCE Account, we may, at our discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased Resources from your Account temporarily, or, if a refund is ultimately issued, permanently. In our discretion, we may take further action against your Account.
B. EARNINGS & PAYOUTS
Earnings. Sellers earn a percentage of the list price of each Resource they sell through our Services based on the Payout Rate that applies to their Membership Type (“Earnings”). Earnings are reduced by the full amount of any Transaction Fees that apply, and increased by the full amount of any shipping fees charged. For details on our Seller Membership options, and the Fees and Payout Rates that apply to each, see our Seller Fees and Payout Rates policy. Earnings are paid in monthly “Payouts” according to the schedule described in this Section.
Payout Account. To issue Payouts, we work with third party companies which process and transfer funds between us and our Sellers (“Payment Services”). To receive Payouts, Sellers must have an Account capable of receiving payments with a supported Payment Service (“Payout Account”). You can find a list of supported Payment Services here. If you have questions about the status of your Payout Account, please reach out directly to the Payment Service you use. If you are unable to register a Payout Account with any of the supported Payment Services, we may consider alternative means of issuing Payouts at our discretion on a case-by-case basis. We make no guarantees about the services offered by any third party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Payout Service, or make additional Payout options available.
Schedule. We issue Payouts on a monthly basis by the twenty-first day of the month following the month in which a sale was made. For example, Earnings related to a sale made in the month of January will be paid as part of a monthly Payout issued by February 21st. We may, at our sole discretion, withhold or delay a Payout due to any Seller who we believe to be in violation of any of these Terms. After the matter is resolved, we will either refund the withheld sales or complete the Payout.
Payment Service Fees. Payment Services may assess transaction fees when we transfer your Payouts to you. We will deduct from your Payout an amount equal to or less than the transaction fee assessed to us by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Payouts.
6. Your Privacy
B. HOSTED CONTENT
We don’t control and aren’t responsible for the Content posted by our Members, including any disclosures of personal information by our Members. However, it’s important to us that our Members respect the privacy rights of others. If you believe that Content on our Services violates your personal privacy rights, contact us at firstname.lastname@example.org or by using our Contact Us form for assistance.
You agree to indemnify, defend, and hold harmless MCE, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
8. Limitation of Liability and Warranty Disclaimer
Our Services. We work hard to ensure that our Services are always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available.
MCE is constantly working to improve our Services for all of our community Members and Users. We may update or change available functionality at any time. We make no guarantees to Sellers or other Members respecting the findability or searchability of any Resource Listing offered through our Services. We make no guarantees about how much any Seller may earn or whether the level at which a Seller is earning is likely to continue into the future.
YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MCE (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES.
YOU AGREE THAT MCE (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. MCE’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO MCE DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT.
Content. The Resources and Communications on our Services are uploaded or posted by our Members. MCE does not produce, approve, post, or upload Resources or Communications. The Content you see on our site and any views, opinions, or assertions presented are those of the Members who posted the Content and do not reflect the opinions, or the official policy or position of MCE. MCE makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content.
Interactions with other Members. You may have the ability to communicate, interact, or otherwise connect with other Members through our Service. It’s your responsibility to take precautions when sharing any information about yourself with another Member or anyone else, and you release MCE from any liability that may arise out of your interactions with another Member of our Service.
Third Party Content. As you use our Services, there may be links, ads, or other ways for you to visit other websites not owned or controlled by MCE. When you access third party websites, you do so at your own risk. MCE cannot and does not make any representations or warranties about other websites or services.
9. Changes to these terms
We may make changes to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can choose whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Services, or we may use other communication methods to reach you.
The notice will include the date on which the changes will be effective. Continuing to use our Services after the changes go into effect serves as your acceptance of the changes.
10. Other Terms
A. DISPUTES WITH MCE
In the case of a dispute between you and MCE arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Disputes will be settled on an individual basis.YOU AND MCE EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in New York County to protect the party’s intellectual property rights pending completion of the arbitration.
B. NO WAIVER
Any failure by MCE to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.
If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.