MCA Suite
Five Components, Inc.
Terms of Use
Welcome to MCA Suite website operated by Five Components, Inc. (“MCA Suite,” “we,” “us,” or “our”). The terms and conditions provided herein (these “Terms of Use”) govern your use of the website URL: www.mcasuite.com (or such other URLs or web address as may be made available from MCA Suite, collectively the “Site”) and any services, features, content, or applications offered by MCA Suite and that link to these Terms of Use (collectively, the “Services”). Please read these Terms of Use carefully before using the Site.
These Terms of Use are a legally binding agreement between you and MCA Suite. If you do not agree to be bound by these Terms of Use, you may not use the Services. By using MCA Suite, you agree to these Terms of Use, and any policies, guidelines or amendments thereto that may be presented to you from time to time. Users should take notice that MCA Suite reserves the right to update these Terms of Use in the future, and you will be able to find the most current version of these Terms of Use at https://www.mcasuite.com/term-of-use/. These Terms of Use govern your use of the Site but do not authorize you to access or use the MCA Suite’s proprietary internal software or data.
Use of Services
- Sold “As Is”. MCA Suite, its subsidiaries and affiliated companies offer the Services to you, provided that you are at least Eighteen (18) years old and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. In order to access certain portions of the Services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the Site. You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. MCA Suite has the following password policy in place to mitigate the risk of potential unauthorized access to your account: a) your password must be at least eight (8) characters in length; b) your password must contain at least one lower case letter, one capitalized letter, one number, and one special character. MCA Suite strongly recommends that you select a secure password that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. You agree to immediately notify MCA Suite of any unauthorized use of your password or account or any other breach of security. MCA Suite cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
- Fees and Billing. The terms of fees, billing and payment will be governed by the specific [SaaS Agreement] executed by you and the MCA Suite. We reserve the right to modify or waive fees at our discretion.
- Credit Card Payment Policy. If you make payment via credit card, debit card, business check card, etc., you hereby acknowledge the credit card charge is non-refundable and cannot be charged back under any circumstances and should you chargeback the credit card transaction for any reason, you agree to be liable to MCA Suite for any liquidated damages plus any and all other costs such as collection fees and reasonable attorneys’ fees incurred in the collection process. You acknowledge receipt of goods and/or services in the amount total shown on the invoice and agree to perform the obligations set forth by your cardmember’s agreement with the issuer.
- Late Fees In the event your credit card is declined for any reason, you shall be subject to a Fifty Dollar ($50.00) decline fee. Service interrupted for non-payment is subject to a One Hundred Dollar ($100.00) reconnect charge. If your account is not fully paid within five (5) days of the due date, you shall be subject to a Fifty Dollar ($50.00) late fee. Additionally, if you do not any invoices when due, we will have the right to suspend all access to your account.
- Support Materials and Documentation. You understand that you are responsible for reading all support documentation, learning the software, configuring your software for your business practices, and configuring the Services to your needs. To the extent that your subscription includes support services, you may access MCA Suite’s support documents at https://support.mcasuite.com/. MCA Suite subscription provides additional services such as one-on-one training and customization and support for individual questions related to MCA Suite via e-mail at support@mcasuite.com.
Privacy and Security
Please review our Privacy Policy located at: https://www.mcasuite.com/privacy/, which applies to and governs your use of the Site. Our Privacy Policy explains how we collect, use and protect your information.
Account Information, Username and Password
The Services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you represent and warrant that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms of Use. If you are not at least eighteen (18) years old, you are prohibited from both the access of the Site and use of the Services.
When you register on the Site, you will be asked to set up an account and provide an email address and password, as well as other information. You must provide an appropriate and accurate email address and password to access your account information. In order to protect your personal information, you should not provide your account information or password to others. If you register to use the Site, you are responsible for the confidentiality of your account information and password and ensuring that nobody else accesses or uses your account. By registering to use the Site, you accept responsibility for all activities that occur through or using your account. You may only access and use account information that is part of your account, and you may not use, download, copy or otherwise exploit the account or account information of any other person, nor use your account for the benefit of another individual or entity. MCA Suite reserves the right to terminate accounts, to refuse registration and to edit or delete content in its sole discretion.
Use of the Site and Site Content
Subject to these Terms of Use, we grant you a nonexclusive, nontransferable, non-sublicensable, revocable, limited right to access and display the Site, copyrighted text, software, music, videos, graphics, photos, interactive features, logos, trademarks and other proprietary materials and information provided hereon (collectively, “Site Content”), subject to the following limitations:
- your use of the Site is conditioned upon your prior acceptance of these Terms of Use;
- you agree not to distribute in any medium any part of the Site or Site Content without our prior written consent;
- you agree not to alter or modify any portion of the Site or Site Content;
- you agree not copy, reproduce, distribute, display portions of or link to this Site or any Site Content contained hereon for commercial purposes without our prior express written consent (including, but not limited to, the sale of advertising on the Site, or the use of the Site to generate advertising or subscription revenue);
- you agree to use the Site and the Site Content only for lawful, personal and informational purposes, and you agree that you will not use the Site in any manner which violates any applicable local, state, national or international law; and
- MCA Suite reserves the right to suspend or discontinue access to all or any portion of the Site at any time.
You may not use or access the Site, nor use any content from or related to the Site, in any manner that is illegal, inaccurate, dangerous, derogatory, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property, or otherwise harmful to third parties. In addition, you may not use the Site or any of its content (including, without limitation, intellectual property and trademarks) in a manner that could portray MCA Suite, its affiliates, brands, products or services in a misleading, false, negative, derogatory or otherwise offensive manner. In addition, you may not use the Site, nor any of its content, to communicate or transmit: any viruses, trojan horses, worms, harmful or damaging computer code; political campaign messages; solicitation; promotion of goods, services or opportunities; chain letters; “spam” (unsolicited commercial communications); or any other type of mass or commercial communications. You may not use a false email or physical address, impersonate any person or entity, or otherwise mislead us or third parties as to your identity, nor the origin of any submission on the Site.
License
Subject to these Terms of Use and conditions hereof, MCA Suite grants you a limited, revocable, non-exclusive license to access and make personal use of the Site. You may not download or copy the Site or any portion or elements of the Site, except (i) automated temporary page caching by your browser, and (ii) a single copy for your own personal use. You may not resell or make any commercial use of the Site or any of its content. Your right to access and use the Site does not include any right to encumber, license, modify, publish, sell, transfer, transmit, or in any other way exploit any of the content on the Site, nor will you attempt to do so, and your right to copy the content of the Site is strictly limited to the conditions herein. You may not “scrape” or otherwise collect from the Site any product descriptions, codes, listings, prices or other information, nor may you use any manual or automated systems, robots or other methods to access, extract or collect information, data or content from or through the Site. You are granted a limited, revocable, non-exclusive license to link, but you may not frame or use similar technologies or techniques to surround, enclose or otherwise alter any element, nor the context of any element, of the Site or its content. You may not otherwise copy, redistribute, publish or otherwise exploit content from the Site without the express prior written permission of MCA Suite. You further agree and acknowledge that you shall not acquire any ownership or other rights by downloading content from the Site.
Appropriate Conduct
MCA Suite seeks to offer a unique and flexible tool to accomplish your goals. In this regard, MCA Suite does not limit the types of information, data, text, software, graphics, video, messages or other materials (“Content”) that you may choose to store in your account. You understand that all Content is the sole responsibility of the person from which such Content originated and you agree that you will not store any Content on MCA Suite that is inconsistent with the primary purpose for which MCA Suite is offered.
You further agree that you are responsible for your conduct while using MCA Suite and any Content that you create, transmit or display while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. You agree that you will not engage in any malicious activity as determined solely by MCA Suite or any activity that interferes with or disrupts the Services or servers or networks connected to the Services. To report any activity or Content that may violate these Terms of Use, please contact us at: support@mcasuite.com.
MCA Suite reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via the Services. You understand that by using MCA Suite you may be exposed to Content that is offensive, indecent or objectionable, and that you use the Services at your own risk.
In addition to this agreement, your use of some specific portion of the Services is governed by the policies or guidelines or additional agreements specific to those services and which are specifically incorporated into these Terms of Use.
You agree to comply with your company’s data usage and privacy policies.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
Service Disclaimer
MCA Suite takes great efforts to offer you the best service available. If you are unable to access the Services for reasons beyond your control, you agree to immediately notify MCA Suite and MCA Suite shall take commercially reasonable measures to restore the Service. Despite the foregoing, you acknowledge that the Services may be unavailable from time to time for various reasons and waive all claims and/or causes of action arising from such interruptions in service. You specifically waive any and all claims and/or causes of arising from but not limited to (i) planned downtime and/or maintenance, (ii) circumstances beyond the control of MCA Suite, including force majeure, acts of government, acts of terror, labor disputes and natural disasters such as floods, fires an earthquake, and (iii) the unauthorized and/or malicious acts of third parties.
MCA Suite Proprietary Rights
You acknowledge and agree that the Services, any software used in connection with MCA Suite and the look and feel contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from MCA Suite.
Subject to the limited rights expressly granted hereunder, MCA Suite reserves all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. MCA Suite reserves the right to make changes and enhancements to the Services and promote the changes to you at our own discretion.
MCA Suite shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you relating to the operation of the Services.
MCA Suite reserves the right in their sole discretion to refuse or remove any Content provided by you.
Intellectual Property Rights
All content of the Site including, without limitation, all trademarks, service marks, tag lines or slogans, logos, names, text, copyrightable subject matter, images, graphics, designs, software, music, sound, video, audio-visual recordings, data and products belong exclusively to MCA Suite or its suppliers, vendors, service providers or its licensors (collectively, “Vendors”), and is protected by United States and international intellectual property laws. The selection, coordination, arrangement, and enhancement of all content on the Site, as well as any content original to MCA Suite, is owned exclusively by MCA Suite and is protected by United States and international copyright laws. All rights are reserved by MCA Suite.
Metadata
You may not use any cookies, meta tags or other metadata, or other forms of hidden text or code that include our intellectual property without the express prior written permission of MCA Suite. Without limiting the foregoing, you may not use of our trademarks, service marks, tag lines or slogans, logos or names in any manner without the express prior written consent of MCA Suite. All trademarks that appear on the Site that are not owned by MCA Suite are the property of their respective owners. You may not use any trademarks, copyrights or other intellectual property owned by MCA Suite in any negative or malicious way or to advertise products or services we do not sell.
Vendor Software and Systems
Certain elements of the Site are operated by or use software from Vendors pursuant to contractual agreements with MCA Suite. Vendors are not affiliates and have no relationship other than through these commercial arrangements.
MCA Suite claims no ownership or control over any Content submitted by you, posted or displayed by you on or through the Services. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights, as appropriate. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
Copyright Complaints/Notices of Copyright Infringement
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Contact Information of MCA Suite Designated Copyright Agent: admin@mcasuite.com
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Any use of MCA Suite or MCA Suite’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with these Terms of Use.
General Practices Regarding Use
You agree that MCA Suite has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by MCA Suite.
Upon the termination of your use of the Services, MCA Suite will close your account and you will no longer be able to retrieve content contained in that account.
Personal Non-Commercial Use
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site, use of the Services, or access to the Services except as otherwise expressly provided in these Terms of Use or as specifically authorized in a separate written agreement.
Modifications to the Services
MCA Suite reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MCA Suite shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Automatic Updates
MCA Suite may enhance and further develop the Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and changes to the user interface. MCA Suite will make enhancements to the Services available to you at no charge. You agree to accept such changes.
Termination
You may terminate these Terms of Use and discontinue your use of the Services at any time by: (i) clicking on the cancellation link on the Site, Account Management>Terminate, (ii) by contacting MCA Suite at support@mcasuite.com with notice to terminate, or (iii) by not making a payment when due. Upon termination, all of your Content will be deleted as soon as practicable usually within a month of termination. Deleted information cannot be recovered once your account is cancelled. If you cancel your use of the Services before the end of your current paid up month, your cancellation will take effect immediately; however no refunds and/or credits shall be given for partial months of service or for months of unused service with an open account.
You agree that MCA Suite may at any time and for any reason, terminate your access to the Services, terminate these Terms of Use, or suspend or terminate your account. In the event of termination, your account will be disabled, and you may not be granted access to the Services, your account or any files or other content contained in your account. Sections of these Terms of Use regarding Termination, Indemnity, Disclaimers, Limitations of Liability, Exclusions and Limitations and including choice of law, severability and statute of limitations, shall survive expiration or termination.
Indemnity
You agree to hold harmless and indemnify MCA Suite, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to your use of the Services, violation of these Terms of Use or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, MCA Suite will provide you with written notice of such claim, suit or action. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Site.
Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND THAT NEITHER MCA SUITE NOR ITS VENDORS PROMISE, GUARANTEE OR WARRANT THAT FILES YOU DOWNLOAD THROUGH THE INTERNET, INCLUDING FROM THIS SITE, WILL BE FREE FROM VIRUSES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS FOR YOURSELF. NEITHER MCA SUITE NOR ITS VENDORS ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE INTERNET OR THIS SITE. YOU ASSUME THE ENTIRE RISK AND COST OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SITE OR ITS CONTENT. MCA SUITE DOES NOT WARRANT THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NEITHER MCA SUITE NOR ANY OF ITS VENDORS MAKES ANY, AND EACH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER MCA SUITE NOR ANY OF ITS VENDORS REPRESENTS OR WARRANTS THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES. NEITHER MCA SUITE NOR ANY OF ITS VENDORS MAKES ANY REPRESENTATION OR WARRANTY REGARDING ANY USE OF THIS SITE OR ITS CONTENT, NOR ITS ACCURACY, RELIABILITY OR COMPLETENESS, INCLUDING ANY INACCURACIES DUE TO TYPOGRAPHICAL OR TECHNICAL ERRORS OR INACCURACIES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCA SUITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MCA SUITE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MCA SUITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
Exclusions and Limitations
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.
Notice
You agree that MCA Suite may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.
General Information
Entire Agreement. These Terms of Use (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and MCA Suite and govern your use of the Services, superseding any prior agreements between you and MCA Suite for the use of the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain portion of the Services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. These Terms of Use and the relationship between you and MCA Suite shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and MCA Suite agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, state of New York.
Waiver and Severability of Terms. The failure of MCA Suite to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Headings. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.
Miscellaneous. If any part of these Terms of Use is unlawful, void, or unenforceable, solely that part, to the minimum extent possible, will be deemed severable, and will not affect the validity or enforceability of any remaining provisions. Specific services, promotions and sections of the Site may include additional terms and requirements, and those additional terms and requirements will supplement these Terms of Use with respect to the items to which they apply. MCA Suite may revise or modify the Site, these Terms of Use, products, product information or pricing without notice.
To obtain information about or to make a claim concerning performance of a warranty obligation you must contact MCA Suite by email at the following address: support@mcasuite.com.
These Terms of Use are effective as of March 1, 2024.