MARIJUANA CARE CLINIC ONLINE TERMS OF USE

Last revised November, 2018

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites and mobile applications) owned and controlled by MCC MEDICAL LLC, (“MCC”), including the www.marijuanacareclinic.com website (collectively, the “Site”). Your compliance with these Terms of Use is a condition to your use of the Site. By using this Site you agree to these Terms of Use. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies.

Binding Arbitration.  These Terms of Use provide that all disputes between you and R will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement or the details regarding your agreement to arbitrate any disputes with MCC.

  1. Ownership of the Site

All pages within this Site and any material made available for download are the property of MCC, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by MCC. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of MCC without our express written consent.

  1. No Doctor-Patient Relation with or Medical Advice from MCC

MCC provides a platform for you to connect with a licensed health care provider and to obtain access to additional information regarding the use of cannabis for medical treatment, which you may or may not choose to utilize in planning your health care and wellness. The services provided through the Site are not a substitute for direct in person health care services. The decision to focus on diagnosis, treatment recommendations, or both rests with you and your licensed health care provider, whom you select in your sole discretion.

THE CONTENT OF THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO, VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEATH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS. MCC DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS OR OTHER INFORMATION THAT MAY BE INCLUDED ON THE SITE. RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY MCC, ITS CONTENT PROVIDERS, ITS CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK.

MCC FACILITATES COMMUNICATION AND COORDINATION WITH YOUR LICENSED HEALTH CARE PROVIDER, AND IN CERTAIN CIRCUMSTANCES FACILITATES DIRECT COMMUNICATION WITH THE HEALTH CARE PROVIDER. WE DO NOT REPLACE YOUR RELATIONSHIP WITH ANY LICENSED HEALTH CARE PROVIDER OR OTHER HEALTH CARE SERVICE. MCC DOES NOT PROVIDE ONLINE MEDICAL ADVICE, RECOMMENDATIONS OF CANNABIS FOR MEDICAL USE, DISTRIBUTION OF CANNABIS IN ANY FORM WHATSOEVER FOR THE PURPOSE OF MEDICAL TREATMENT OR OTHERWISE, CARE, DIAGNOSIS, OR TREATMENT.  ALL OF THESE SERVICES MUST BE PROVIDED PURSUANT TO AN IN PERSON MEETING WITH A LICENSED HEALTH CARE PROVIDER.

  1. Your Relationship with Health Care Professionals

The health care professionals utilizing or featured on the Site are subscribers to and licensees of the Site and not employees or independent contractor service providers of MCC. Any opinions, advice, or information expressed by a licensed health care provider, health care facility, professional or specialist using or featured on the Site are of the facility and professional alone. They do not reflect the opinions of MCC. MCC does not recommend or endorse any specific tests, providers, products, the use of cannabis for medical efficacy, Patient Recommendations, procedures, medications, devices, opinions, or other information that may be mentioned on the Site or by a licensee of MCC.

The inclusion of licensed health care providers on the Site or in any professional directory located on the Site does not imply recommendation or endorsement of such licensed health care provider nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any licensed health care provider contained therein.

  1. Your Obligations

Cannabis is currently listed as a Schedule I controlled substance pursuant to the federal Controlled Substances Act. Consequently, possession, distribution, cultivation, and manufacturing of cannabis are illegal under federal law. You represent and warrant that you understand the varied legal risks associated with your use of cannabis for medical treatment, including arrest and prosecution under applicable federal laws. Should any criminal or civil administrative or legal actions be instituted against you for your use or possession of cannabis for medical treatment as recommended by a licensed health care provider you select through MCC, you will not hold MCC or any of its licensed health care providers liable for any loss, injury, or claims of any kind resulting from those actions. You are solely responsible for maintaining a full understanding of the medical cannabis laws in the state in which you reside.

In order to gain access to and to use the Site, you must demonstrate to the satisfaction of MCC that you currently reside in the State of Florida, You shall not have any access through MCC to any licensed health care provider who does not also practice in the State of Florida. Upon acceptance of this Agreement, you represent and warrant that you understand that there exists a conflict between federal and state law, and, as such, federal regulators may view any action by licensed health care providers to prescribe cannabis to you for your medical use as unlawful under federal law.

MCC’s services are only made available to Qualifying Patients that reside in Florida. The services provided through the Site vary by qualifying patient debilitating condition and/or medical treatment (such as chemotherapy or radiotherapy) as dictated by Florida laws and regulations, with specific emphasis on providing Qualifying Patients’ information to enable them to make a selection of the appropriate licensed health care providers and corresponding medical services, and the tools to plan for services, and coordinate such care, if necessary.  MCC services are subject to Florida laws and regulations and may change from time to time due to changes in such regulatory requirements.

Licensed health care providers are in no way obligated to recommend to you the use of cannabis for your medical treatment. It is in the sole discretion of your licensed health care provider, through its bona fide health care provider to patient relationship with you and corresponding medical examination or series of examinations to be conducted in accordance with Florida laws and regulations, to determine whether cannabis would be effective as a treatment for your condition(s) (“Patient Recommendation”). Neither MCC nor its licensed health care providers make any warranties or guaranties that the use of medical cannabis would be an effective treatment for your medical conditions.

Should a licensed health care provider determine that you have a qualifying debilitating condition or that you are undergoing certain medical treatments to justify Patient Recommendation, you bear the sole responsibility of obtaining cannabis for your medical use within the State of Florida. At no time shall you provide cash or any form of remuneration to either MCC or to your licensed health care provider specifically or solely for making a Patient Recommendation on your behalf or in exchange for the same; while certain fees shall apply for your medical consultation with a licensed health care provider, there is no guarantee of a Patient Recommendation of any kind and all such Recommendations are solely within the professional medical judgment and discretion of the licensed health care provider.

By accepting the Terms of Use, you understand that your licensed health care provider may send you messages, reports, and emails via the Site regarding the treatment of your condition. It is your responsibility to monitor these messages, reports, and emails. You agree that you will not hold MCC liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any treatment recommendations contained in these messages.

  1. Consultative Services from Independent Health Care Providers

If permitted by the State of Florida, your licensed health care provider may use the Site to provide advice or diagnosis to you. Your licensed health care provider is solely responsible for the services he or she provides.

In order for your licensed health care provider to determine whether your medical conditions would benefit from the use of cannabis, Florida requires that you undergo an in-person, medical examination or series of examinations with your licensed health care provider. MCC will assist you in the coordination of an in-office visit or visits with a licensed health care provider. If you refuse or are unable to undergo such examination(s), your licensed health care provider is prohibited from making any Patient Recommendation on your behalf.

You also agree that the opinion expressed by a licensed health care provider using this Site is not that of MCC and will not be used in any legal dispute against MCC, including but not limited to litigation, arbitration, claim for disability benefits, claim for worker’s compensation and/or malpractice claims.

You have a duty to provide truthful and accurate responses on any patient forms or information requests your licensed health care provider may provide through the Site.

  1. Applicants Must be the Age of 18 or Older

This Site is intended for use only by persons who are at least eighteen (18) years of age; if you are under 18 years of age, your parent or legal guardian must accompany and strictly monitor your use of the Site.  licensed health care providers will not make Patient Recommendations on behalf of any individual using the Site who is under the age of 18 unless such Recommendations are made in compliance with the laws and regulations governing Patient Recommendations to minors in State of Florida which may require, among other requirements and restrictions, consent on behalf of the minor by the minor’s parent or legal guardian. If such consent is required, MCC will issue consent forms to the minor’s parent or legal guardian to fully execute and return to MCC and its licensed health care providers prior to any Patient Recommendation. MCC does not seek through this website to gather personal information from or about persons under the age of 18.

  1. Accuracy and Integrity of Information

Although MCC attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform MCC so that it can be corrected. MCC reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, MCC shall have no responsibility or liability for information or Content posted to the Site from any non-MCC affiliated third party.

  1. Typographical Errors and Incorrect Pricing

In the event a service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.

  1. Order and Application Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order or application for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also require additional verifications or information before accepting any order.

MCC does not in any way engage in the cultivation, manufacturing, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. licensed health care providers subscribing to the Site do not in any way engage in the cultivation, manufacturing, distribution, sale, or online sale of cannabis or any cannabis product for medical use or otherwise. Neither MCC nor its licensed health care providers shall assist you at any time or in any way in the procurement of any cannabis or cannabis product for your consumption, possession, sale or distribution, cultivation, or manufacturing of the same for medical use or otherwise. Neither MCC nor its licensed health care providers shall procure on your behalf any cannabis or any cannabis product in any form whatsoever for your medical use or otherwise.

  1. Online Payments

You can purchase services on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, MCC may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card MCC or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

  1. Site Access, Security and Restrictions; Passwords

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Violations of system or network security may result in civil or criminal liability. MCC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by MCC. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Site may be revoked by MCC at any time with or without cause. You agree to defend, indemnify and hold MCC harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by MCC arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.

  1. Links to Other Sites

MCC makes no representations whatsoever about any other website that you may access through this Site. When you access a non-MCC website, please understand that it is independent from MCC, and that MCC has no control over the content on that website. In addition, a link to a non-MCC website does not mean that MCC endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.

  1. User Generated Content, Reviews, Feedback and other Postings to the Site

If you submit, upload or post any comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to MCC that you have the legal right and authorization to provide all User Generated Content to MCC for the purposes and MCC’s use as set forth herein. MCC shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however MCC desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. MCC is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.

MCC does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant MCC the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. MCC and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.

You agree to defend, indemnify and hold MCC harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by MCC arising out of any User Generated Content you post or allow to be posted to the Site.

Claims of Copyright Infringement

We disclaim any responsibility or liability for copyrighted materials posted on our site.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.

MCC respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), we will respond promptly to notices of alleged infringement that are reported to MCC’ Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available on the Site

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

  1. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent:

114 W. Underwood St.

Suite 2

Orlando FL, 32806

  1. Disclaimer of Warranties

MCC DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. MCC DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. MCC DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO SERVICES OFFERED, SOLD AND DISTRIBUTED BY MCC ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE SERVICES.

 

  1. Limitation of Liability Regarding Use of Site

MCC AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF MCC TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).

  1. Dispute Resolution; Arbitration Agreement.

We will try work in good faith to resolve any issue you have with Site, including services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and MCC agree that any dispute, claim or controversy arising out of or relating in any way to your use of the Site, including services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and MCC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and MCC.

If you desire to assert a claim against MCC, and you therefore elect to seek arbitration, you must first send to MCC, by certified mail, a written notice of your claim (“Notice”). The Notice to MCC should be addressed to: MCC Medical 114 W. Underwood St, Suite 2 Orlando, FL 32806. If MCC desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by MCC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If MCC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or MCC may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by MCC or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after MCC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless MCC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of MCC’ last written settlement offer made before an arbitrator was selected (or if MCC did not make a settlement offer before an arbitrator was selected), then MCC will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND MCC 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and MCC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Orange County, Florida.

  1. Revisions; General

MCC reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between MCC and you pertaining to the subject matter hereof. In its sole discretion, MCC may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Site after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.