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Terms of Service
MK Decisioning Systems, LLC Customer Terms of Service
Last Updated: December 15, 2017
Please read these entire MK Decisioning Systems, LLC (MK) Terms and Conditions (these "Terms and Conditions") and indicate whether you agree to these Terms and Conditions by clicking the "I Agree" or similar button.
These Terms and Conditions define the relationship between MK and its affiliates and subsidiaries ("MK" or "we" or "us") and you, the person registering for or using our Services ("customer," "you" or "your"). You may use the Services (defined below) only if you are age 18 years or older and you can form a binding contract with us and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you cannot confirm the foregoing, then you must not agree to these Terms and Conditions and may not use the Application or Services. You may use the Services only in compliance with these Terms and Conditions and all applicable laws and regulations.
We may amend these Terms and Conditions at any time by posting the revised Terms and Conditions on the Site (defined below). We may terminate these Terms and Conditions at any time by suspending or terminating access to the Services and/or notifying you. You can see when these Terms and Conditions were last revised by referring to the "Last Updated" legend, above. Your continued use of the Services after we have posted revised Terms and Conditions signiﬁes your acceptance of such revised Terms and Conditions. No amendment or modiﬁcation of these Terms and Conditions will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.
USA PATRIOT Act Customer Identification Program Notice
Important Information You Need to Know About Opening A New Account
To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens an account.
Types of Information You Will Need to Provide
When you open an account, we are required to collect information such as the following from you:
- Your name
- Date of birth
- Identification number
US Citizen: taxpayer identification number (Social Security Number)
Non-US Citizen: taxpayer identification number, passport number and country of issuance, alien identification card number, or government-issued identification showing nationality, residence and a photograph of you.
You may also need to show your driver's license or other identifying documents.
If Your Identity Cannot Be Verified
We may not be able to open an account for you.
We thank you for your patience and hope that you will support the financial industry's efforts to deny terrorists and money launderers access to America's financial system.
By using the Services, you can use our website, https://mkdecision.com, ("Site"), which contains an interactive platform, to obtain various financial services (individually, the "Service," and collectively, the "Services"). MK's Services provide, among other things, a method for customers to access financial literacy, credit alerts, and gain access to exclusive financial products and services. Should MK choose to begin offering a mobile application ("Application") in the future, the term "Services" shall also include the Application. Additionally MK's online portal provides customers with the ability to apply for a credit building loan from a third-party lender. MK and its affiliates offer its Services to customers subject to the following terms and conditions:
Credit Education & Alerts: MK provides credit education, credit alerts, and access to exclusive offers for financial products and services. This Service consists of email and text alerts from MK, credit education information and financial opportunities. Customers can log into their MK Account (defined below) to view a history of recent MK credit events.
We are always working on new ways to improve our Services. We reserve the right to modify or change our Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify, change or discontinue any Services.
Compatible Mobile Device Operating System; Mobile Devices Generally
In order to use an Application MK may make available, you must have a compatible mobile device operating system that meets the specifications established by MK in its sole discretion, as described in the MK E-Sign Disclosure. In addition to having a compatible mobile device operating system, a mobile device that has been modified contrary to the manufacturer's or mobile service provider's software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. "jailbreaking"), is not a compatible device with the Application for purposes of these Terms and Conditions. The use of any modified mobile device with the Services or MK Application is a violation of these Terms and Conditions and is grounds for the immediate termination of your Services, including your MK Account, by MK without notice to you in MK's sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace (e.g., Apple, Inc., or Google, Inc. (Android)), and these Terms and Conditions do not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Services (e.g., data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider's own network. You agree to resolve any problems with your mobile service provider without involving MK; Apple, Inc.; Google, Inc. (Android); or any other operator of an app store or marketplace. You must comply with applicable third party terms when using the Services (e.g., you cannot be in violation of your wireless provider agreement when using the Services.)
The Services may be utilized through the Site, which may be accessed at: https://mkdecision.com. Upon visiting the Site, you will be asked to create a customer account ("Account") if you have not already created one. You must create an Account according to the Registration Section, below. If you already have an Account, you must log-in using your password to use the Services.
Agreement with Respect to Terms and Conditions
Via the Services, you can enroll in credit education. You may also apply for a savings-secured or CD-secured installment loan, called a "credit builder loan," from a third-party lender, and obtain related analysis of information in connection therewith and valuable offers for products and services from time to time from our third-party vendors. The decision to provide information to us is purely optional, and if you elect not to provide such information, you will still be able utilize the Services.
Only customers eighteen (18) years of age or older with a valid United States social security number ("SSN") may register and participate in MK's valuable products and services offer program. By registering for an Account, you certify that you are eighteen (18) years of age or older.
When you provide information to the Services, you agree to furnish only true, accurate, current and complete information about yourself and you consent not to misrepresent your identity or your account information.
If you register on the Services, you consent to accept responsibility for all activities that occur under your Account or password. It is your responsibility to keep the confidentiality of your password, and for restricting access to your computer, mobile device, or other Internet access device so that others may not access the password-protected portion of the Services using your name in whole or in part.
We maintain the right to delete your Account or bar you access to the Services in our sole discretion, without notice and without liability.
If any information you furnish is fraudulent, inaccurate or not current, or if MK has reasonable belief to suspect that such information is untrue, inaccurate or not current, MK, in its sole discretion, has the right to deny or terminate your use of any Service and refuse all current or future access to the Service. Further, you agree that MK will not be liable to you or any third party if MK bars your access for any reason. MK owns your account information.
While enrolling for the Services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, annual income, driver's license number and social security number or individual taxpayer identification number); and personal information to verify your identity and financial information (such as credit card number). This information is required in order to verify your identity, and to fulfill our obligation to provide our services to you, including communicating with third parties as necessary to provide such services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.
Customer Content and Data
You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to the Services, including ideas or inventions collected by MK ("Feedback"). Feedback may also include your responses to surveys or other reporting. MK or its authorized third-party servicers may obtain information from you regarding the use of the Services, including information such as payment transaction data, mobile usage or patterns, online or other activities conducted through your use of the Services. You agree that Feedback (i) contains your original ideas or invention and is provided by you to MK without payment or conditions; (ii) once conveyed to MK, becomes the property and confidential information of MK; (iii) may be used or distributed by MK for any purpose in connection with the Services or development of any other product or services, including disclosure of such information to affiliates, subsidiaries or third-party developers and publishers; and (iv) permits MK to collect and use your personal information (including "nonpublic personal information" or "NPI" as defined under the federal Gramm-Leach-Bliley Act and regulations promulgated pursuant to that act), in connection with the Services, provided that MK does not distribute that information to non-affiliated third parties without your permission. You agree that your Feedback is provided gratuitously, unsolicited and without restriction. MK shall have no duties or obligations with respect to Feedback provided by you. MK shall be entitled to use and disseminate any Feedback for any purpose, in its discretion, without any compensation to you.
Customer Generated Data
The Services may include automatic reporting and other tools that give you the ability to create, post and distribute various forms of content for and in connection with the Services, including but not limited to transaction data, pictures, photographs, videos, and other information, including content generated by you (individually and collectively, "Customer Generated Data"). You acknowledge that MK and the other creators of Customer Generated Data have rights in their respective content under copyright and other applicable laws, and that except as expressly described in these Terms and Conditions, such rights are not licensed or otherwise transferred to you. You accept full responsibility and liability for your use of any Customer Generated Data in violation of any such rights.
You agree that you will not create, transfer, share, send, submit or upload any Customer Generated Data that:
- (a) is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and publicity (unless you are or have permission from the rightful owner);
- (b) contains fraudulent statements or misrepresentations that could damage MK or any third party;
- (c) contains any statements or materials that disparage, ridicule or scorn MK or any third party;
- (d) is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
- (e) is an advertisement or solicitation of business; or
- (f) is an impersonation of another person.
You agree that MK is not responsible or liable for Customer Generated Data submitted or posted by you or by others. MK expressly disclaims any and all liability in connection with any Customer Generated Data. MK has no duty to pre-screen Customer Generated Data.
MK has the right to edit, remove, block or refuse to post any submitted Customer Generated Data from any network or internet site for any reason without prior notice, but assumes no obligation to do so and is not responsible for any failure or delay in doing so.
MK's Ownership and Use of Customer Generated Data
For the purposes of the Services, by posting, transferring, sharing or sending Customer Generated Data in any manner, you understand that MK owns all such Customer Generated Data generated by you, your mobile device, and any other software or hardware utilized in the Services. You understand and acknowledge that the MK ownership of such data is in exchange for the benefits and value you receive by participating in the Services.
Optional Authentication and Security Features
Should MK begin making the Services available via an Application, MK may make available to you the following optional authentication and security services.
ID or Driver's License Scan
MK may offer a method by which to simplify the Customer's registration in the Application by including an ID or driver's license bar code scan function. If you choose to use this optional function, you are (a) granting explicit authorization for MK to extract the personal information contained in your ID or driver's license bare code (e.g., name, address, age, etc.), and (b) authorizing MK to share that personal information with its third party vendors for purposes of identity verification and authorization, including, but not limited to, use within MK's "know your customer"/customer identification program. Neither MK nor MK's third party vendors will sell, share or otherwise disclose your ID or driver's license bar code information to any other third parties.
Use and Restrictions
Content and Materials
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including but not limited to design, structure, "look and feel" and arrangement of the content available on the Site or Application (collectively, "Content") is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content, Site, and Application are operated and maintained by MK and its Afﬁliates, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers, content providers, vendors and others) (collectively, "Licensors and Suppliers"). Except as expressly provided in these Terms and Conditions, no part of the Site, Application, or Content may be copied, reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site, Application, and Services pursuant to these Terms and Conditions, we retain all right, title and interest in and to the Site, Application, and Services, including all related intellectual property contained therein. Certain features of the Services allow you to upload, post, publish, share, store, or manage data or visual content ("Materials"). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the Services and in accordance with these Terms and Conditions. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the person who originated such Materials whether publicly posted or privately transmitted. Any use or reliance on any Content or Materials of other customers posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via the Services or endorse any opinions expressed via the Services. You acknowledge that we may enhance, supplement, modify, or remove Content on the Site and Application at any time for any reason without notice to you, but we shall have no duty to update such Content. You acknowledge that there may be inaccuracies or typographical errors in content on the Site and Application from time to time and agree that we specifically disclaim all liability for such inaccuracies or errors. You understand that by using the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate.
We will not provide tax or legal advice with respect to your Account. We will not give you legal advice. You agree that none of the Content provided through the Site or Application is intended as, and shall not be deemed to be, tax or legal advice. You acknowledge that you should consult with a personal tax advisor before making tax-related investment decisions.
Links to Other Sites
The Services contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases "Linked Sites"). These Linked Sites are provided solely as a convenience to you and based upon the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse, monitor, review, investigate, verify, or validate the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. We are not responsible for the accuracy or reliability of any information on the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of the content of these Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation, Linked Sites and websites linking to the Services. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Conditions, Terms & Disclaimer
The MK Web Site (the "Site") is an online information service provided by MK, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MK MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are MK, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to MK a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to MK by all means and in any media now known or hereafter developed. You also grant to MK the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against MK for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MK.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of MK. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by MK, MK does not operate, control or endorse any information, products or services on the Internet in any way. Except for MK- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with MK a. You also understand that MK cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MK PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MK SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND THAT NOT ALL OFFERS LISTED AT MK ARE NOT THE PROPERTY OF MK. FURTHERMORE, YOU AGREE TO READ AND ACCEPT THE TERMS AND CONDITIONS OF OFFERS BEFORE ACCEPTING AN OFFER OR SENDING PERSONAL INFORMATION THROUGH AN APPLICATION OUTSIDE OF MK WEBSITE. DATA IS CONSTANTLY UPDATED AS RATES AND FEES CHANGE. YOU AGREE TO VERIFY THIS INFORMATION FOR ANY OFFER YOU ARE CONSIDERING APPLYING FOR BEFORE SENDING PERSONAL INFORMATION ON THE FORM AT THE RELEVANT WEBSITE. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE ACCESS TO SUCH MATERIALS IS AT YOUR RISK. MK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. YOU AGREE THAT CARD RATINGS ARE USED SOLELY FOR THE PURPOSE OF PERSONAL DATA. YOU AGREE TO VIEW THESE RATINGS WITH DISCRETION AND WILL NOTE THAT THE TEXT SUPPLIED ON THESE RATINGS ARE NOT OPINIONS OF MK.
LIMITATION OF LIABILITY
IN NO EVENT WILL MK BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, HARDSHIP, FEES, INTEREST RATES, CORRECT CREDIT CARD MATCHING, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. THE FREE PROGRAM PROVIDED BY MK (SCORE MATCH) IS NOT EXEMPT FROM THIS AGREEMENT. FURTHERMORE, MK DOES NOT WARRANTY LIABILITY AGAINST THE USE OF CREDIT CARD MATCHES UNDER THIS SYSTEM. THE USER UNDERSTANDS THAT MK MATCHES CREDIT CARDS BASED SOLELY ON ITS STAFF'S KNOWLEDGE FOR MATCHING APPROPRIATE CARDS FOR SPECIFIC SCORES. USE OF THIS SYSTEM IS AT THE USER'S OWN RISK BY ALLOWING MK TO ONLY SUGGEST CARDS THAT ARE MORE LIKELY TO BE APPROVED FOR A CERTAIN CREDIT SCORE AND INSTITUTES NO LIABILITIES, INCLUDING, BUT NOT LIMITED TO THE POSSIBILITY OF LOWER INTEREST RATES, FEES, REWARDS, AND INCENTIVES FROM OTHER CREDIT CARD ISSUERS AND LENDERS.
THIS IS NOT THE TERMS AND CONDITIONS FOR FINANCIAL OFFERS CONTAINED IN THE MK DATABASE. PLEASE SEE WEBSITE AND / OR APPLICATION FOR SPECIFIC TERMS
AND CONDITIONS. ALL INFORMATION CONTAINED IN THE MK DATABASE SHOULD BE USED FOR INITIAL REFERENCE AND COMPARISON ONLY. THE DATA IS NOT A CONTRACT IN ANY WAY, SHAPE OR FORM. ALL APR'S, FEES, GRACE PERIODS, TIMELINES, OTHER INTEREST RATES, TEXT AND DETAILS ARE UPDATED AS MK RECEIVES SUCH NOTICE OF CHANGES OR FINDS THAT CHANGES IN THIS DATA HAVE OCCURRED - THESE SAID INPUTS SHOWN TO THE USER ARE FOR THE LOWEST POSSIBLE RATES, FEES AND TIMELINES AVAILABLE. INFORMATION CONTAINED IN THE DATABASE SHOULD BE VERIFIED BEFORE APPLYING FOR ANY OFFER, WHICH CAN NORMALLY BE FOUND ON THE ISSUING OFFER'S TERMS AND CONDITIONS. EVEN IF MK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MK LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
MK makes no representations whatsoever about any other web site which you may access through this one or which may link to this site. When you access a non-MK web site, please understand that it is independent from MK, and that MK has no control over the content on that web site, including but not limited to: fees, interest rates, terms and conditions or other material. In addition, a link to a MK web site does not mean that MK endorses or accepts any responsibility for the content, or the use, of such web site.
MK has financial relationships with some of the cards mentioned here, and MK may be compensated if consumers choose to apply for these cards in our content and ultimately sign up for them.
CREDIT CARD RATES AND FEES
Rates shown include the most up to date annual percentage rates (APR) and annual fees in the MK database, and may change several times daily. This information includes only the lowest possible fees and APRs available for each specific card. APR average does not include cards where APR is 0%, unless viewing offers in the secured card category. "Avg Annual Fees" contains the average of all annual fees in a specific category, even where the fee is $0. Annual fees do not include maintenance, processing, late, overdraft or miscellaneous fees.
You agree to indemnify, defend and hold harmless MK, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of MK and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between MK and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MK failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MK may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved
Subject to the provisions in these Terms and Conditions, you may use the Services for non-commercial purposes to: (i) learn about the Services; (ii) open Accounts to participate in the Services; (iii) select a Service or Services; (iv) access and print or download copies of the current version of these Terms and Conditions and other documentation relating to the Services; and (v) make such other use of the Services as we may expressly permit from time to time in furtherance of the objectives and growth of the Services. Subject to these Terms and Conditions, we hereby grant you a personal, nontransferable, nonexclusive, non-sublicensable license to use the Services and their Content in accordance with these Terms and Conditions, and for no other purpose. All rights, title and interest in and to the customer interface and Content, including any software, on or through the Services shall belong to us or our Licensors and Suppliers, including all modiﬁcations thereof and enhancements thereto. The Content and customer interface made available from, on or through the Services may not be copied, modiﬁed, republished, assigned, sold or distributed to you, nor may derivative works be prepared therefrom. The license granted to you pursuant to these Terms and Conditions is solely for your personal use (but not for resale or redistribution) as a customer of the Services and may not be used for any other purposes. You shall not reverse engineer, de-compile, or otherwise translate, in any way, the Content and customer interface made available from, on, or through the Services. You have no right or claim of right to the Content or any unique ideas found on the Services. No ownership rights are granted to you hereunder and no title is transferred hereby.
You agree that you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.
You may not use the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the laundering of proceeds of any unlawful activity, the ﬁnancing of terrorism, the commission of fraud or market manipulation, the harassing or making disparaging comments to any customer of the Services. We reserve the right to take preventative or corrective actions to protect ourselves and our customers. Your use of the Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Services and liability for damages caused by your noncompliance. In addition to the foregoing, while using the Services, you may not, except as may be expressly set forth above under "Permitted Uses" (a) impersonate any person or entity, falsely state or otherwise misrepresent your afﬁliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another customer's Account without permission, or solicit another customer's login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; (f) "frame" or "mirror" any portion of the Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Services; (h) harvest or collect information about or from other customers of the Services; (i) use the Services for any illegal activity; (j) probe, scan or test the vulnerability of the Services, nor breach the security or authentication measures on the Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic, incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of MK, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of MK; (o) use or distribute any Content, including Content that has been veriﬁed or conﬁrmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.
Optional Geo-Location Services
In connection with the Application, if MK makes one available, MK may offer a geolocation-based functionality, and you will have the choice to opt into geolocation services so that MK may provide more relevant additional services to you based on your current location. By opting into such geolocation services, you consent to the collection, use, sharing and transfer of your geolocation data with MK and third-party service providers of MK who help facilitate such services.
Customer Permission for Text Messaging/Alerts, Push Notifications and E-Mail
You grant MK express written consent to receiving autodialed and prerecorded message calls, text messages or push notification alerts from MK, or those third-party service providers acting on MK's behalf, at any mobile telephone number you provide to MK, regardless of your registration of your mobile device number on any state or federal "do not call" registry. Your express, written permission applies to messages and alerts regarding the MK Services. By providing your email address to MK, you agree that MK or those third-party service providers acting on MK's behalf, may e-mail Account registration information, Services use information with regard to the Services, customer service, in the case of fraud/suspected fraud inquiries, consumer dispute resolution, collections, or any other action related to providing the Services to you regardless of your registration of your email address on any state or federal "do not email" registry. With regard to any text messages, alerts or email relating to the Services, MK will not include any access codes or similar non-public personal information in such message.
MK Unauthorized Transaction Policy
This policy applies to unauthorized and/or erroneous transactions involving your MK Account and/or the registered bank account on file.
You should immediately notify MK in the event that you believe any of the following has occurred:
- There has been an unauthorized transaction or unauthorized access to your MK Account;
- There is an error in your account history or the payment confirmation sent to you via email;
- Your password or email account has been compromised;
- Your registered bank account has been compromised;
- Your mobile device has been stolen or otherwise compromised; and/or
- You need more information about a transaction, a loan payment confirmation, or the policies and procedures listed.
Notification must be provided to MK within thirty (30) days after the issuance of any bank account or MK Account statement containing any error. MK reserves the right to release liability if the disputed claim is not presented to us in a timely fashion as described above.
MK encourages its customers to log into their MK Account often to ensure that there has not been an unauthorized transaction or error. MK will send an email to the email address provided in order to notify you of each transaction from your MK Account. We recommend that you review these loan payment confirmations to ensure that each transaction is accurate and authorized.
If you believe that the transaction or loan payment history in your MK Account contains an error, or if you need any information regarding your MK Account or transactions to determine whether an error exists, you should contact us as soon as possible by using the Contact Us page, or writing to us at:
MK Decisioning Systems, LLC, 233 A Street, STE 1210 San Diego, CA 92101
When you contact us about an error or an unauthorized transaction, you may be asked to provide us with the following information:
- Your name, address, telephone number, and the e-mail address associated with your MK Account;
- A description of the error or transaction that you are unsure about, and a clear explanation of why you believe it is an error or why you need more information;
- The dollar amount of the suspected error;
- The transaction date and associated transaction identification number from your MK Account history and bank account statement;
- A telephone number at which you can be reached in case we need further information;
- The name and telephone number of your bank if the error relates to a debit from or a credit to your bank account using your MK Account; and
If you provide us with this information over the phone, we may require that you send us your grievance or question in writing within ten (10) Business Days of your inquiry. If we ask you to put your grievance or question in writing and we do not receive a response from you within ten (10) Business Days, we will consider the inquiry dismissed.
Once you notify us of any suspected unauthorized activity or error, or we learn of one otherwise, we will do the following:
- Conduct an investigation to determine whether there has been an unauthorized transaction or error.
- We will attempt to determine whether an error or unauthorized transaction occurred within ten (10) Business Days after we hear from you. If more time is needed to process your claim, we may take up to thirty (30) days to investigate your grievance or question. Notification will be given to you if more time is needed.
- We will tell you the results of our investigation within three (3) Business Days after its completion.
If we determine that there was no error and/or unauthorized transactions, we will send you a written explanation via email of our justification.
In the event that we do find issues of error and/or instances of unauthorized transactions, we will promptly correct the error by appropriately crediting or debiting the bank account on file. If a credit is issued to your account, the credit will take 2-3 business days from the date of determination to process.
MK Processing Errors
MK will take the appropriate actions needed to rectify any error that we discover or that is brought to our attention. If the error resulted in you receiving less than the correct amount to which you were entitled, MK will credit your bank account for the difference. If the error resulted in you receiving more than the correct amount to which you were entitled, MK will debit the extra funds from your registered bank account.
MK reserves the right to waive liability if it is determined that (a) our system was not working properly and you knew about the breakdown when you started the transaction, or (b) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions, (c) notification was not given to MK in a timely fashion as per our Notification Terms (above), (d) other exceptions allowed by law or provided in our agreement with you.
Specific Consents Granted upon Submission of Your Registration Form
At the time that you submit your registration form to us to register for the Services and related analysis of information in connection therewith, you agree that you are providing to us the following specific consents (in addition to being subject to these Terms and Conditions):
I understand that by submitting this registration form I am authorizing MK, once it has obtained my personal information and credit and identify information in its records along with the other information I am submitting through this registration form (collectively, the "Registration Profile"), to use that Registration Profile to match me with product and services offers from time to time from its marketing partners, which offers it will send to me either by e-mail (based upon my communication preferences) or through the display of advertisements and to further use that Registration Profile to provide statistical analysis, reports and summaries of my Registration Profile in comparison to other customer's Registration Profiles. I understand that MK will not be sharing my Registration Profile with any of those marketing partners and that it is completely up to me to decide whether I would like to accept any of the offers I receive.
Third Party Offers
We will match offers from third parties against your Registration Profile, in order to ensure that you receive offers that are tailored to you if you opt-in to receiving such offers. MK believes that customers who have demonstrated positive behavior through loan repayment should be able to reap the rewards of those efforts, including by receiving discounted and favorable pricing and rates on financial products and services. Our technology for matching your Registration Profile to the valuable offers for products and services provided by our third parties is proprietary and, in carrying out such matching, we may elect to consider, ignore, emphasize, or de-emphasize any relevant factors in our sole discretion. We do not guarantee that you will receive offers for any particular types of products or services.
Credit Reporting Services
The third-party lender will report loan repayments made by you credit reporting agencies ("CRAs"), which in part is designed to assist parties in establishing a credit history.
Notwithstanding the above, any party may dispute any entry on a credit report provided by MK to a CRA. Please see the "Dispute of Credit Reporting Information by Customer" section, below.
MK is not responsible for how any CRA may manage or use the information provided to them by MK and you agree to hold MK harmless against any such claims, with all being subject to the "Dispute of Credit Reporting Information by Customer" section of these Terms and Conditions and the Fair Credit Reporting Act. See such CRA for the terms and conditions of how they collect, store, manage, use, modify, disseminate and distribute such information. Once the information is transmitted from MK to the CRA, that CRA will obtain an ownership interest in that data.
Potential Effect of Delinquency of Credit Reporting
Once payment by a customer for a particular loan repayment has been reported to a CRA, the delinquency of a payment may negatively impact a customer's credit history. MK shall not be liable for any claims, charges, demands, damages or adverse impacts on a customer's credit score or credit history if a customer ceases using MK's services and does not complete a loan repayment or has default payments.
Dispute of Credit Reporting Information by Customer
Notice of Dispute
A customer may dispute an entry on their credit report derived from information provided by MK's financial partner, to a credit reporting agency by notifying MK either by mail or by other means available to the customer. The customer shall provide the following information as part of any dispute:
- Name of consumer
- A brief description of the disputed information
- Address of customer or other means for MK to contact customer with results of investigation
Investigation of Disputed Information
Upon receipt of a notice of dispute from a customer, MK and a third-party financial institution partner will, free of charge, conduct a reasonable investigation and make a determination of the status of the disputed information within fifteen (15) business days of receipt of the notice of dispute from the customer. The investigation shall include, but is not limited to, all relevant information provided by the customer. The determination shall be one of the following three options:
- The dispute is frivolous or irrelevant and the information originally provided is accurate;
- The disputed information is inaccurate; or
- More information is necessary to make a final determination regarding the disputed information.
Notification of Determination
Once a final determination has been made regarding the disputed information, MK will notify the customer for that purpose, by other means available to MK and/or a third-party financial institution within five (5) business days of the determination regarding the disputed information. If MK determines that the dispute is frivolous or irrelevant, MK and/or a third-party financial institution shall notify the customer by mail or, if authorized by the consumer for that purpose, by other means available to MK and/or a third-party financial institution. Said notice shall include:
- The reasons for the determination; and
- Identification of any information required to investigate the disputed information.
If MK and/or a third-party financial institution determines that the disputed information is inaccurate, MK and/or a third-party financial institution shall notify the customer by mail or, if authorized by the consumer for that purpose, by other means available to MK and/or a third-party financial institution within five (5) business days of the determination and will promptly notify all CRA's to which MK provided said information and request that they delete or modify the information as appropriate. If MK and/or a third-party financial institution determines that more information is necessary to complete its investigation, MK and/or a third-party financial institution will notify the customer, and the customer's counterparty if necessary, and request additional information from them to help make a final determination as to the disputed information.
Additional Information Request
Upon receipt of the additional information, MK and/or a third-party financial institution shall make a final determination on the disputed information, considering all information provided by all parties, within thirty (30) days of receipt of the notice of dispute by MK and/or a third-party financial institution under this section. Notice of said determination shall be forwarded to the customer as described above.
Intellectual Property Information and Restrictions
The copyright in the Content is held by MK and is protected by U.S. and International copyright laws and treaties. You are authorized to use the Content sent to you through the Services. You consent that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of MK. You agree that the Content is and shall remain the sole property of MK. You may not alter, sell, transfer or create derivative works based on any Content, in whole or in part. The utilization of the Content on any other web site is not permissible without prior written approval from MK. You may not, without MK's prior consent, "copy" any material on the Services on any other server. You may not reverse engineer any of the Services' technologies. Unpermitted application of any Content on the Services may breach copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
MK (including the MK logo), https://mkdecision.com, and all related logos (collectively the "MK Trademarks") are trademarks or service marks of MK. Other company, product, and service names and logos used and exhibited on the Services may be trademarks or service marks owned by MK or others. Nothing in the Services should be interpreted as allowing, by association, estoppel, or otherwise, any license or right to use any of the MK Trademarks displayed on the Services without our prior written permission in each case. You may not use, copy, display, distribute, modify or reproduce any of the MK Trademarks found on the Services unless following written permission by us. We forbid use of any of the MK Trademarks as part of a link to or from any site unless such a link is approved, prior, in writing by us. Any questions concerning any MK Trademarks, or whether any mark or logo is a MK Trademark, should be referred to MK.
- DMCA. You may not use the Sites for any use or in any aspect that violates the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA") (text at http://www.copyright.gov), MK has an agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA. We have a policy of deleting the accounts of customers who (to our knowledge) are repeat violators.
- Procedure. If you believe that any materials on Sites encroaches your copyrights, notifications of claimed copyright violation should be sent to MK's designated agent as set forth below. Notification should include whenever possible:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted material that you believe has been violated;
- a description of where the material you claim is infringing is located in the Services;
- a statement by you that believe that the disputed use is not permitted by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
MK Decisioning Systems, LLC 233 A Street, STE 1210 San Diego, CA 29101
It can be difficult to assess whether your intellectual property rights have been infringed. We may request additional information before we delete any violating material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Warranties, Disclaimers and Limitations of Liability
Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis. MK's third party service provider CSIDENTITY Corporation and its data providers make no representations or warranties, express or implied, with respect to the Services and disclaim any express or implied warranties with respect thereto. Without limiting the foregoing, CSIDENTITY Corporation and its data providers do not guarantee or warrant the accuracy, timeliness, completeness, currentness, merchantability, non-infringement, or fitness for a particular purpose of the services and shall not be liable for any loss or injury arising out of or caused in whole or in part by use of the Services or data therein.
Although MK makes efforts to provide an accurate Site and Application, the Site and Application and all respective parts thereof are provided "as is", "with all faults", and "as available". MK and its Affiliates and their respective managing members, officers, directors, employees and third party suppliers (collectively, the "Company Parties") disclaim any and all representations, warranties or guarantees of any kind, whether express, implied or statutory, including without limitation (1) as to title, merchantability, fitness for ordinary purposes and fitness for a particular purpose and non-infringement, (2) the quality, accuracy, timeliness or completeness of the site, the application and their respective content, (3) those arising through course of dealing, course of performance or usage of trade, (4) the Site, the Application and their content conforming to any function, demonstration or promise by any Company Party and (5) that access to or use of the Site, Application, or their Content will be uninterrupted, error-free or completely secure. Any reliance upon the Site, the Application and their respective Content is at your own risk and MK makes no warranties. MK reserves the right to restrict or terminate your access to the Site, the Application and their respective Content or any feature or part thereof at any time. If you download the Application or any Content from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download of any such Content.
Your reliance upon the information available on the Site or Application or located through utilization of the Services and your interactions with third-party customers identiﬁed through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other customers or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person's or entity's use or disclosure of your personally identiﬁable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.
You acknowledge that access to the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and electronic communications. For instance the Services may be limited or unavailable from time to time, including due to systems maintenance or enhancements, usage demands, software or hardware malfunctions, or occurrences beyond the control of MK and its third parties (including operator errors, market volumes and volatility, power failures, equipment failures, communications failures, natural disasters, terrorist acts, and warfare). We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Services will be operable at all times or at any particular time or that access will be continuous or uninterrupted.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS AND CONDITIONS.
Limitation of Remedies
In no event shall MK be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, Application, or their Content, with the delay or inability to access or use the Site, Application, or related Services, the provision of or failure to provide services, or for any content, software, products and services made available or obtained through the Site, Application, or their Content, or otherwise arising out of the use or access of the Services, whether based on contract, tort, negligence, strict liability or otherwise, even if MK has been advised of the possibility of damages. Any services or content made available or obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results therefrom.
If you are dissatisfied with any portion of the Site, the Application, or their respective content, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using the Site and uninstall the Application.
Returns and Refunds Policy
We do not issue refunds for products or services once the order is confirmed and the product sent and/or service rendered. We recommend contacting us for assistance if you experience any issues receiving or using our products or services. If you have any questions about our Returns and Refunds Policy, please email us.
Content and Materials
You will indemnify and hold MK and its Afﬁliates harmless with respect to any suits or claims arising out of (i) your breach or alleged breach of these Terms and Conditions, including, but not limited to, any infringement or alleged infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Services or your misuse or abuse of the Services; (iii) your violation or alleged violation of applicable laws, rules or regulations in connection with your use of the Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms and Conditions. You agree to indemnify and hold MK, its third-party vendors, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees, made by any third-party due to or arising out of any content submitted, posted, or otherwise provided by you to MK and/or its third party advertisers and any breach by you or your affiliates, employees, agents and representatives of any provisions of these terms and conditions.
Governing Law and Dispute Resolution
These Terms and Conditions shall be subject to and construed under the laws of the State of Texas, without reference to the conflicts of law provisions thereof.
These Terms and Conditions contain a pre-dispute arbitration clause, which applies to these Terms and Conditions. By clicking "Agree" and consenting to these Terms and Conditions, MK and you agree as follows:
- All parties to these Terms and Conditions are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.* Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited.* The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.* The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
Pre-dispute arbitration clause: You understand and agree that all claims, disagreements, disputes or controversies between you and MK, and its officers, directors, employees, representatives, agents, parents, affiliates, subsidiaries and/or related companies, including related to the Services, shall be resolved by final and binding arbitration. Because the Services provided to you by MK concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, applicable federal or state law may also apply to the substance of any disputes. The arbitration shall take place in Austin, Texas. The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with Title 9 of the US Code (United States Arbitration Act) under the AAA's Commercial Dispute Resolution Procedures as supplemented by the Supplementary Procedures for Consumer-Related Disputes (and as stated therein, if there is a difference between the Commercial Dispute Resolution Procedures and the Supplementary Procedures, the Supplementary Procedures will be used). Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other customers/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial.
NO CLASS ACTIONS. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may against MK in connection with or related to the Services will be resolved individually, without resort to any form of class action.
You and MK agree that any controversy or claim between You and MK, or between You and any of the officers, employees, agents, or affiliated companies of MK, arising out of or relating to these Terms and Conditions, any of the transactions contemplated under these Terms and Conditions, any of the Services provided pursuant to these Terms and Conditions, any of the discussions or negotiations leading up to the making of these Terms and Conditions, or any relationship that results from any of the foregoing, whether based in contract, or an alleged tort, or on any other legal theory, and whether asserted as an original or amended claim, counterclaim, cross claim, or otherwise, shall be governed by federal law and all applicable substantive laws of the State of Texas (without regard to its conflict of laws principles). Governing Texas law may be supplemented as necessary by federal law. You agree that if there is any inconsistency between the terms of these Terms and Conditions and any applicable law, regulation or rule, the terms of these Terms and Conditions will prevail to the extent any such law, regulation or rule may be modified by agreement.
To the maximum extent permitted by applicable law, no action, regardless of form, arising out of these Terms and Conditions may be brought by either party more than two (2) years after the claiming party knew or should have known of the cause of action.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MK as a result of these Terms and Conditions or accessing the Services. MK's performance under these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of MK's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Services or information provided to or gathered by MK with respect to such use.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise speciﬁed in these Terms and Conditions, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by conﬁrmed facsimile, or (iv) the ﬁrst business day after sending by email. Notices to us must be sent in writing to the following address: 233 A Street, STE 1210, San Diego, CA 29101 or via email and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms and Conditions (including your customer registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an afﬁliate, or in connection with a change in control. Subject to the foregoing, these Terms and Conditions shall bind and inure to the beneﬁt of the parties, their respective successors and permitted assigns.
The term of these Terms and Conditions will continue until terminated by you or MK as set forth below.
We may terminate your Accounts participation privileges immediately if you fail to comply with these Terms and Conditions. MK also reserves the right to terminate your participation at any time, in MK's absolute discretion, without cause. Sections titled "Content and Materials," "Warranties, Disclaimers and Limitations of Liability," "Applicable Law and Jurisdiction," "Interpretation," and "Indemniﬁcation," and this Section shall survive any termination or expiration of these Terms and Conditions.
If you want to terminate the Terms and Conditions with MK, you may do so by notifying MK in writing at 233 A Street, STE 1210, San Diego, CA 29101 and including your name, date of birth, and email address for your MK Account.
You may also terminate your account online.
These Terms and Conditions represent the entire understanding between you and MK governing the Services. In the event of any conflict between these Terms and Conditions and the terms of a third-party agreement, the terms of these Terms and Conditions will prevail as between you and MK.
Should you have any questions concerning these Terms and Conditions, please contact us by email at or by regular mail at MK Decisioning Systems, LLC, 233 A Street, STE 1210, San Diego, CA 29101. For an online copy of these Terms and Conditions, please go to https://mkdecision.com.
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