Terms of Use
TERMS OF USE
Last revised on March 12, 2026.
Please read these Terms of Use (“Terms”) carefully before you start to use this https://michigancatastrophic.com/ and any related sub-pages (collectively, the “Web Site” or “site”). These Terms of Use will, among other things:
Outline your legal rights regarding this Web Site,
Explain the rights you give to us when you use this Web Site, and
Establish how disputes or lawsuits regarding this Web Site will be handled and includes waivers and limitations regarding your ability to bring claims against us relating to this Web Site.
By using the Web Site you agree to be bound and abide by these Terms of Useand consent to having your personal information collected and processed in accordance with our Privacy Policy, which can be found at [https://michigancatastrophic.com/privacy-policy]. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Web Site.
AGREEMENT BETWEEN USER AND MCCA
When we refer to “we,” “us,” or “our,” we mean the Michigan Catastrophic Claims Association (“MCCA”) and our affiliates. When we refer to “you,” “your,” or “user,” we mean the person accessing this site. If the person accessing this site does so on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
MODIFICATION OF THESE TERMS OF USE
MCCA reserves the right to change the terms, conditions, and notices under which the MCCA Web Site is offered, including but not limited to the charges associated with the use of the MCCA Web Site. Changes in these Terms will be effective when the revised Terms are posted on this site and/or otherwise communicated to you. Your use or continued use of any site after any changes to these Terms are posted will be considered acceptance of those changes. However, any changes to the dispute resolution provisions set out in the Dispute Resolution, Choice of Law, Jurisdiction, and Venue provisions below will not apply to any disputes for which the parties have actual notice before the date the change is posted. IT IS YOUR OBLIGATION TO REVIEW THESE TERMS FROM TIME TO TIME IN ORDER TO REMAIN AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU.
DISPUTE RESOLUTION, CHOICE OF LAW, JURISDICTION, AND VENUE
YOU AND MCCA AGREE THAT MOST DISPUTES THAT ARISE BETWEEN US AND THAT CANNOT BE RESOLVED INFORMALLY SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. THIS SECTION ALSO INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS.
For any problem, claim, or dispute that you may have with or against MCCA (a “Dispute,” as defined below), you acknowledge and agree that you will first give MCCA an opportunity to informally resolve your Dispute as set forth below in this section. MCCA agrees that it will do the same as to any Dispute that it might have with you. “Dispute” shall be interpreted broadly and shall include any dispute, claim or controversy between you and MCCA, its affiliates and subsidiaries arising out of or relating to this Agreement, your access or use of the Sites, your use of any products or services sold through the Sites or your relationship with MCCA whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. A “Dispute” shall include: (a) any dispute or claim that arose before the existence of this or any prior Agreement (including any claims related to advertising); (b) any dispute or claim that is currently the subject of any class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of this Agreement. “Dispute,” however, does not include disputes or claims concerning patents, copyrights, trademarks, and trade secrets, publicity, and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in this Agreement and (b) issues that relate to the validity and enforceability of the arbitration agreement. This Agreement and the arbitration agreement do not prevent you from bringing a Dispute to the attention of a government agency.
a) Mandatory Informal Dispute Resolution Process
Before submitting a demand for arbitration in accordance with the provisions set forth in this section, if either you or MCCA has a Dispute with the other party, that party shall first provide the other party with a written notice related to that Dispute (“Notice”). If you have a Dispute with MCCA you agree to provide MCCA with the Notice by sending the Notice by certified mail to the following address: 17717 North Laurel Park Drive, Suite 417, Livonia, MI 48152 in accordance with the Notice provisions of this Agreement. If we have a Dispute with you, we will provide you with the Notice by sending it to the most recent contact information we have on file for you. A Notice must include all of the following: (a) a detailed description of the Dispute; (b) the nature and basis of the claim(s); (c) the relief sought and a calculation for it; (d) information sufficient for MCCA or you to identify any relevant transactions, accounts, or experiences; and (e) the party’s mailing address, email address, and a phone number. Any Notice that you submit must be signed by you and any Notice that MCCA submits must be signed by a MCCA representative. If you want MCCA to speak with your representative, please also provide MCCA with a signed authorization to do so.
During the informal dispute resolution process, should the party receiving the Notice make a request, both parties shall participate in an individualized telephonic settlement conference to facilitate potential resolution of the Dispute. You agree to personally attend any such conference (along with counsel if represented) if MCCA makes such a request, and we agree to have a MCCA representative personally attend any such conference (along with counsel if represented) if you make such a request. You and we agree to negotiate in good faith in an effort to resolve any Dispute. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, you and MCCA agree to the further dispute resolution provisions below. Both you and MCCA agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating arbitration. Any applicable limitations period (including statutes of limitations) will be tolled for 60 days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period. A court of competent jurisdiction shall have the power to enforce this condition precedent to arbitration, including the power to enjoin the filing or prosecution of arbitration and the assessment and collection of arbitration fees. If the sufficiency of a Notice or compliance with this informal dispute resolution process is at issue and a party elects to have that issue decided by a court, then any arbitration shall be automatically stayed pending resolution of that issue. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this mandatory informal process in arbitration. You or MCCA may commence arbitration if the Dispute is not resolved through this process.
b) Agreement to Binding Individual Arbitration.
You and MCCA agree that subject to the limited exceptions set forth in this Agreement, the sole and exclusive forum for any and all Disputes between you and MCCA shall be final and binding individual arbitration.
c) Arbitration Procedures.
Arbitration under this Agreement shall be administered by the American Arbitration Association (the “AAA”) in accordance with the then-current AAA Consumer Arbitration Rules (including applicable AAA Supplementary Rules), which are available at https://www.adr.org/Rules or by calling 1-800-778-7879, as modified by this Agreement. You and MCCA understand that the AAA’s administrative determination that this arbitration provision comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an administrator that shall do so. The applicable AAA rules will govern the payment of AAA fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable. If you are unable to pay your share of the AAA fees, we will consider a request to reimburse them so long as your claim is not held by an arbitrator to be frivolous or brought for an improper purpose. You and MCCA agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or MCCA may elect to negotiate with the AAA regarding arbitration fees, and you and we agree to work together in good faith to ensure that arbitration remains cost-effective for all parties. The arbitration demand must be signed by either (a) the claimant if the claimant is unrepresented, or (b) the claimant’s attorney if the claimant is represented. By signing the arbitration demand, the claimant, or the claimant’s attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry under the circumstances that: (a) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of arbitration; (b) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (c) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all parties and counsel.
The parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ARBITRATION OR IN LITIGATION. FURTHER, UNLESS YOU OR WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN THE PARTIES AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
The arbitration will be conducted before a sole neutral arbitrator who shall be located at or near the location where the arbitration will take place. Any in-person hearing will be conducted in the county or city in which you reside or at another location that is reasonably convenient for you. You may choose to have the arbitration conducted by a phone, telephonic, or video hearing, or solely through written submissions, except that any Dispute seeking $25,000 or more or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and MCCA reserve the right to request a hearing in any matter from the arbitrator. You and a MCCA representative shall appear at any hearing (with counsel if represented). Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. The parties agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The parties also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
The arbitrator may not award relief to anyone who is not a party to the proceeding. The award of the arbitrator may require payment of the costs, fees, and/or expenses incurred by the prevailing party consistent with applicable law and the applicable AAA rules. The provisions of Fed. R. Civ. P. 68 shall be applied by the arbitrator after entry of an award. The arbitrator shall be bound by this Agreement as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based. The arbitration award shall be binding only as to the parties and shall have no preclusive effect in any other arbitration or proceeding to which you are not a named party. Judgment on any arbitration award may be entered in a court of competent jurisdiction, except that an award that has been satisfied may not be entered.
e. Additional Procedures for Mass Arbitration Filings.
If twenty-five (25) or more claimants (including you) submit Notices or seek to initiate arbitrations raising similar claims against MCCA and are represented by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you agree that these additional procedures shall apply. The parties agree that as part of these procedures, the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated through arbitration, and conserve the parties’ and the AAA’s resources. If you elect to bring your Dispute as part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
i. Stage One.
If at least 50 Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for MCCA shall each select 25 Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than 50 Disputes, all shall proceed individually as part of Stage One). Each of the 50 (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of staged proceedings, counsel for the parties shall participate in a global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and MCCA shall pay the mediator’s fee.
ii. Stage Two.
If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for MCCA shall each select 50 Disputes per side to be filed and to proceed as cases in individual arbitrations as part of this second staged process. The number of Disputes to be selected to proceed in Stage Two can be increased by agreement of counsel for the parties (and if there are fewer than 100 Disputes, all shall proceed individually as part of Stage Two). Each of the 100 (or fewer) cases shall be assigned to a different arbitrator unless counsel for the parties agree otherwise and shall proceed individually. If a case is withdrawn before the issuance of an award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, counsel for the parties shall participate in a second global mediation session with a retired state or federal court judge jointly selected by counsel in an effort to resolve all remaining Disputes, and MCCA shall again pay the mediator’s fee.
Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Agreement. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
The Additional Procedures for Mass Arbitration Filings provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration Filings apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall proceed in a court of competent jurisdiction consistent with the remainder of the Agreement.
f. Future Changes to Arbitration Agreement.
If we make any future changes to this arbitration agreement (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address by certified mail within 30 days of the change: 17717 North Laurel Park Drive, Suite 417, Livonia, MI 48152. Such written notice does not constitute an opt out of arbitration altogether. By rejecting a future change, you are agreeing that you will arbitrate any Dispute as between you and MCCA in accordance with this version of the arbitration agreement.
g. CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
You and MCCA each agree that any proceeding, whether in arbitration or litigation in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
To the fullest extent permitted by law, you and MCCA waive the right to a jury trial.
h. CHOICE OF LAW (ALL CLAIM); CHOICE OF VENUE FOR NON-ARBITRATED CLAIMS
You and MCCA agree that the laws of the State of Michigan, without regard to its conflict of laws principles, and the federal laws of the United States govern these Terms of Use. Any dispute not subject to arbitration shall be heard in federal courts with jurisdiction over Livonia, Michigan or Michigan courts of competent jurisdiction. To the extent that any preliminary injunctive relief cannot be granted by an arbitrator per the procedures above, a party may seek such relief in those courts without waiving the agreement to arbitrate.
LINKS TO THIRD PARTY SITES
The MCCA Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of MCCA and MCCA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MCCA is not responsible for webcasting or any other form of transmission received from any Linked Site. MCCA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MCCA of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the MCCA Web Site, you warrant to MCCA that you will not use the MCCA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to use our Web Site:
In any way that violates 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 U.S. or other countries).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by us, may harm us, our users and customers, or expose any of the same to liability.
To violate (or help or encourage others to violate) these Terms or our other policies.
Additionally, you agree not to:
Use the Web Site in any manner that could disable, overburden, damage, or impair the Web Site or interfere with any other party’s use of the Web Site.
Use any robot, spider, or other automatic device, process, or means to access the Web Site for any purpose, including monitoring or copying any of the material on the Web Site.
Use any manual process to monitor or copy any of the material on the Web Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Web 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 Web Site, the server on which the Web Site is stored, or any server, computer, or database connected to the Web Site.
Attack the Web Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Web Site.
Accessing or using the site via mechanical, programmatic, robotic, scripted or any other automated means is strictly prohibited. Use of the Web Site is permitted only via individual users and materials may not be collected via automated or robotic methods. The Web Site and materials contained therein may not be used for the development, training, testing, validation, improvement or deployment of any artificial intelligence tool, including any and all training, self-improving, or machine learning software, models, algorithms, hardware or other artificial intelligence tools or aids of any kind . Artificial intelligence tools include, but are not limited to, systems that characterize structured or unstructured data; generate summaries, inferences, or decisions; or generate text or images, including within any generative artificial intelligence solution.
USE OF COMMUNICATION SERVICES
The MCCA Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
MCCA has no obligation to monitor the Communication Services. However, MCCA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MCCA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MCCA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MCCA’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MCCA does not control or endorse the content, messages or information found in any Communication Service and, therefore, MCCA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MCCA spokespersons, and their views do not necessarily reflect those of MCCA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO MCCA OR POSTED AT ANY MCCA WEB SITE
MCCA does not claim ownership of the materials you provide to MCCA (including feedback and suggestions) or post, upload, input or submit to any MCCA Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MCCA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. MCCA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MCCA’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
ACCESS AND SERVICE LIMITATIONS
We shall make reasonable efforts to keep this site operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any site, including the availability of any functions and/or features of any site, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of this site or any function or feature thereof. We may also impose limits on certain features and services or restrict your access to parts of this site or one or more entire sites without notice or liability. We may terminate the authorization, rights, and license as set forth herein. You understand, agree, and accept that we will make reasonable efforts, although we have no obligation to maintain, support, upgrade, or update this site, or to provide all or any specific content through this site.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS MADE AVAILABLE ON OR THROUGH IT ARE PROVIDED CONDITIONAL ON THE USER RECOGNIZING THAT THE QUALITY, AND ACCURACY OF THE INFORMATION OBTAINED FROM THE SITE MAY DEPEND ON THE USER PROVIDING ACCURATE INFORMATION. WE FURTHER DISCLAIM ALL IMPLIED WARRANTIES AS TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, COSTS, SUITS, ACTIONS, LOSSES, OR ANY OTHER HARM THAT RESULTS FROM YOUR USE OF ANY INFORMATION, SERVICES OR MATERIALS PROVIDED BY OR THROUGH THIS SITE.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Web 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 Web 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THE WEBSITE.
LIMITATION OF LIABILITY
Without affecting any other limitation of liability contained in these Terms of Use or otherwise:
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM THE USE OF THE SITE; and
IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE ANY SITE OR ANY SERVICE RELATED THERETO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold harmless MCCA and its affiliates and subsidiaries, their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access of this site; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party proprietary right. This defense and indemnification obligation will survive these Terms of Use and your use of this site.
SERVICE CONTACT : general@micatastrophic.com
TERMINATION/ACCESS RESTRICTION
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use or access of this site.
Terminate or suspend your access to all or part of this site for any reason, including for any violation of these 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 submitting information through this site.
COPYRIGHT AND TRADEMARK NOTICES:
This site and its content are protected by copyrights by us or other third parties and all rights are reserved.
ALL RIGHTS TO THE SITE DESIGN, ALL MATERIALS ACCESSED, VIEWED, OR OBTAINED AND POSTED AND/OR PROVIDED ON SITES ARE RETAINED BY US WITH THE RIGHT TO ENFORCE INTELLECTUAL PROPERTY RIGHTS IN SUCH MATERIALS. YOU MAY NOT COPY OR DISTRIBUTE ANY MATERIAL ACCESSED, VIEWED, OR OBTAINED FROM ANY SITE, EXCEPT AS EXPRESSLY PROVIDED HEREIN OR WITHOUT OUR EXPRESS WRITTEN PERMISSION.
We do not knowingly permit anyone to post materials on this site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512).
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Our name, the terms, our brand, our logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or trademarks of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners. We make no claim to the trademarks of others
Any rights not expressly granted herein are reserved.