Site Terms

MK Decisioning Systems, LLC Site Terms
Last Updated: August 28, 2018

Acceptance of the Site Terms

Welcome to https://mkdecision.com/ (the "MK Site"). The following terms and conditions (these Site Terms"), govern your access to and use of the MK Site, including any content, functionality, and services offered on or through the "MK Site". These Site Terms are entered into by and between You and MK.

Please read the Site Terms carefully before you start to use the MK Site. By using the MK Site, or by clicking to accept or agree to the Site Terms when the option is made available to you, you accept and agree to be bound and abide by these Site Terms. If you do not want to agree to these Site Terms, you must not access or use the MK Site.

This MK Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this MK Site, you represent and warrant you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the MK Site.

Information About You and Your Visits to the MK Site

Please review our Privacy Policy, https://mkdecision.com/privacy-policy.html, which also governs actions on the MK Site or otherwise, including but not limited to through the use of any interactive features, such as:

  • Your visit and use;
  • Information we collect;
  • Information you provide to register.

By using the MK Site, you consent to all actions taken by us with respect to your visit and information in compliance with the Privacy Policy. If you do not want to agree to our Privacy Policy, you must not access or use the MK Site.

Electronic Communications

When you visit the MK Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the MK Site. You agree all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Changes to the Site Terms

We may revise and update these Site Terms from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the MK Site following the posting of revised Site Terms means you accept and agree to the changes. You are expected to check this page from time to time when you access this MK Site so you are aware of any changes, as they are binding on you.

Accessing the MK Site and Account Security

We reserve the right to withdraw or amend this MK Site, and any service or material we provide on the MK Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the MK Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the MK Site, or the entire MK Site, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the MK Site.
  • Ensuring all persons who access the MK Site through your internet connection are aware of these Site Terms and comply with them.

To access the MK Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the MK Site all the information you provide on the MK Site is correct, current, and complete.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge your account is personal to you and agree not to provide any other person with access to this MK Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Site Terms.

Intellectual Property Rights

The MK Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Site Terms permit you to use the MK Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our MK Site, except as follows:

  • Learn about the Services
  • Open Accounts to participate in the Services
  • Select a Service or Services
  • Access and print or download copies of the current version of this Agreement and other documentation relating to the Services
  • 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
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the MK Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such Applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the MK Site or any services or materials available through the MK Site. 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 you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.

If you wish to use any material on the MK Site other than that set out in this section, please address your request using the information provided under Contact MK.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the MK Site in breach of the Site Terms, your right to use the MK Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the MK Site or any content on the MK Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the MK Site not expressly permitted by these Site Terms is a breach of these Site Terms and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Credit Card Origination System, CCOS, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this MK Site are the trademarks of their respective owners.

Prohibited Uses

You may use the MK Site only for lawful purposes and in accordance with these Site Terms. You agree not to use the MK Site:

  • In any way violating any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Site Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
  • To engage in any other conduct restricting or inhibiting anyone's use or enjoyment of the MK Site, or which, as determined by us, may harm the Company or users of the MK Site or expose them to liability.

Additionally, you agree not to:

  • Use the MK Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the MK Site, including their ability to engage in real time activities through the MK Site.
  • Use any robot, spider, or other automatic device, process, or means to access the MK Site for any purpose, including monitoring or copying any of the material on the MK Site.
  • Use any manual process to monitor or copy any of the material on the MK Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the MK Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the MK Site, the server on which the MK Site is stored, or any server, computer, or database connected to the MK Site.
  • Attack the MK Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Attempt, directly or indirectly, or facilitate anyone to copy, modify, adapt, republish, assign, sublicense, translate, sell, distribute, lease, reverse engineer, decompile, or disassemble any portion of the content, customer interface, or Services;
  • Harvest or collect information about or from other clients of the Services
  • Otherwise attempt to interfere with the proper working of the MK Site.

User Contributions

The MK Site may contain message boards, chat, personal web pages or profiles, forums, comments, applications, calculators, contact forms, surveys, blogs, and other interactive features (collectively, "Interactive Services") allowing users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the MK Site.

All User Contributions must comply with the Content Standards set out in these Site Terms.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the MK Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Site Terms.

You understand and acknowledge you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the MK Site.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution we deem necessary or appropriate in our sole discretion, including if we believe such User Contribution violates the Site Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the MK Site or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the MK Site.
  • Terminate or suspend your access to all or part of the MK Site for any or no reason, including without limitation, any violation of these Site Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the MK Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the MK Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material giving rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Site Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe any User Contributions violate your copyright, please contact us using the information provided under Contact MK. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the MK Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the MK Site, or by anyone who may be informed of any of its contents.

This MK Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the MK Site

We may update the content on this MK Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the MK Site may be out of date at any given time, and we are under no obligation to update such material.‌

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of services formed through the MK Site or resulting from visits made by you are governed by our Master Agreement and respective Term Sheets provided per transaction, which are hereby incorporated into these Site Terms.

Additional terms and conditions may also apply to specific portions, services, or features of the MK Site. All such additional terms and conditions are hereby incorporated by this reference into these Site Terms.

Linking to the MK Site and Social Media Features

You may link to our homepage, provided you do so in a fair and legal way and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This MK Site may provide certain social media features enabling you to:

  • Link from your own or certain third-party MK Sites to certain content on this MK Site.
  • Send emails or other communications with certain content, or links to certain content, on this MK Site.
  • Cause limited portions of content on this MK Site to be displayed or appear to be displayed on your own or certain third-party MK Sites.
  • You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not:

  • Establish a link from any MK Site not owned by you.
  • Cause the MK Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the MK Site other than the homepage.
  • Otherwise take any action with respect to the materials on this MK Site inconsistent with any other provision of these Site Terms.

The MK Site from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Site Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the MK Site

If the MK Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party MK Sites linked to this MK Site, you do so entirely at your own risk and subject to the terms and conditions of use for such MK Sites.

Geographic Restrictions

The owner of the MK Site is based in the state of Arizona in the United States. We provide this MK Site for use only by persons located in the United States. We make no claims the MK Site or any of its content is accessible or appropriate outside of the United States. Access to the MK Site may not be legal by certain persons or in certain countries. If you access the MK Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand we cannot and do not guarantee or warrant files available for downloading from the internet or the MK Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MK SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MK SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY MK SITE LINKED TO IT.

YOUR USE OF THE MK SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MK SITE IS AT YOUR OWN RISK. THE MK SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MK SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MK SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THE MK SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MK SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MK SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MK SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MK SITE, ANY MK SITES LINKED TO IT, ANY CONTENT ON THE MK SITE OR SUCH OTHER MK SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Site Terms or your use of the MK Site, including, but not limited to, your User Contributions, any use of the MK Site's content, services, and products other than as expressly authorized in these Site Terms or your use of any information obtained from the MK Site.

Governing Law and Jurisdiction

All matters relating to the MK Site and these Site Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Site Terms or the MK Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona in each case located in the City of Phoenix and County of Maricopa County although we retain the right to bring any suit, action, or proceeding against you for breach of these Site Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Site Terms or the MK Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Arizona law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE Site Terms OR THE MK SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Site Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Site Terms shall not constitute a waiver of such right or provision.

If any provision of these Site Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Site Terms will continue in full force and effect.

Entire Agreement

The Site Terms, Privacy Policy, Electronic Communication Disclosure, Master Agreement, Term Sheets, and Service Terms constitute the sole and entire agreement between you and MK regarding the MK Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the MK Site.

Contact MK

This MK Site is operated by MK Decisioning Systems, LLC., an Arizona Limited Liability Company located at: 233 A Street Ste 1210, San Diego, CA 92101.

All notices of copyright infringement claims should be sent to MK Decisioning Systems, LLC., 233 A Street Ste 1210, San Diego, CA 92101, ATTN: MK Copyright.

All other feedback, comments, requests for technical support, and other communications relating to the MK Site should be directed to: info@mkdecision.com.

MK is honored to be participating in Y Combinator's Startup School accelerator which helped produce Stripe, Air BNB, and Dropbox.