MRA Online Terms of Use

Eligibility:

The Site is offered and available to users who are 18 years of age or older and reside in North America. By using the Site, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Site.

Ownership of the Site:

All pages within this Site and any material made available for download are the property of MRA, or its licensors or suppliers, as applicable. The Site is protected by the United States and international copyright and trademark laws. The Contents of the Site, including without limitation the 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 or approved in writing by MRA. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content, or other proprietary information (including images, text, page layout, or form) of MRA without our express written consent.

Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, limited right to access and use the Site, solely and strictly in accordance with these Terms of Use. You understand and agree that the Site is provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Site under these Terms of Use. You shall not use the Site for any purposes beyond the scope of the access granted by these Terms of Use. You shall not at any time, directly or indirectly, and shall not permit any users to:

(i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Site;
(ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Site;
(iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Site, in whole or in part;
(iv) remove any proprietary notices from the Site; or (v) use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person, or that violates any applicable law.

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.

MRA will investigate occurrences that may involve network or system security violations, or illegal or unauthorized use of the Site, and may refer such activity to law enforcement. 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 MRA. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password with any third party. You agree that you are fully responsible for all activity occurring under your user ID; you are not authorized to appoint any third party to use your user ID or password to access Protected Areas. Your access to the Site may be revoked by MRA at any time with or without cause. You agree to defend, indemnify and hold MRA harmless from and against all claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by MRA arising out of access to the Site by any third party using your user ID and password.

If you suspect any unauthorized access or use of your user ID or password, you shall immediately change your password and inform MRA of the suspected unauthorized activity. We may change your account credentials, including your user ID and password, or terminate access to your account with us, at any time, in our sole discretion, including if we suspect any unauthorized or fraudulent activity relating to your account.

Accuracy and Integrity of Information:

Although MRA 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 MRA so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, MRA shall have no responsibility or liability for information or Content posted to the Site from any non-MRA affiliated third party.

Typographical Errors and Incorrect Pricing:

In the event a product or service is listed at an incorrect price due to a typographical error or error in pricing information received from our vendors, we shall have the right to refuse or cancel any orders placed for products/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 immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

Online Payments:

You may be able to purchase products and/or services on the Site. If a credit card account is being used for a transaction, MRA may obtain pre-approval 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 agree that all information you supply in connection with a transaction may be shared by us with our payment processors. MRA is not liable for the use of your information by any third-party payment processor.

You represent and warrant that if you are making online payments that (a) any credit card, debit card, and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) 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.

Links to Third-Party Sites:

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of MRA and MRA 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. MRA is not responsible for webcasting or any other form of transmission received from any Linked Site. MRA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MRA of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Site, you warrant to MRA that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

User-Generated Content and Other Postings to the Site

If you submit, upload or post any comments, ideas, suggestions, information, files, images, or other materials to us or our Site (“User-Generated Content”), you agree not to provide any User-Generated Content that (a) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (c) 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 MRA that you have the legal right and authorization to provide all User-Generated Content to MRA for the purposes and MRA’s use as set forth herein. MRA shall have a royalty-free, irrevocable, transferable right and license to use the User-Generated Content for any legal business purpose, 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. MRA is and shall be under no obligation (a) to maintain any User-Generated Content in confidence; (b) to pay to you any compensation for any User-Generated Content, or (c) to respond to any User-Generated Content.

MRA does not regularly review posted or submitted 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 MRA 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. MRA 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 MRA harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by MRA arising out of any User Generated Content you post or allow to be posted to the Site.

Indemnification

You agree to defend, indemnify and hold MRA, its parent, and affiliate entities, and all of their owners, officers, directors, employees, contractors, operational partners, and service providers, harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of these Terms of Use.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MRA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. MRA AND/OR ITS LICENSORS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

MRA AND/OR ITS LICENSORS OR SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MRA AND/OR ITS LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MRA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE IN NO EVENT SHALL MRA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THE SITE OR THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100).

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction:

MRA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

Governing Law; Venue:

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Wisconsin, U.S.A., without giving effect to any choice or conflict of law provision or rule, and you hereby consent to the exclusive jurisdiction and venue of courts in Waukesha County, Wisconsin, U.S.A. in all disputes arising out of or relating to the use of the Site.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. Use by you of the Site is not intended to subject MRA to any laws located outside of the United States.

General:

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MRA because of this agreement or use of the Site. MRA's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of MRA's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MRA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MRA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and MRA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademarks Notices:

All contents of the Site are owned by MRA and/or its licensors or service providers. All rights reserved.

Trademarks:

The names of actual companies and services mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Notices and Procedures for Making 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.

MRA 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 MRA’s Designated Copyright Agent, identified below.

Notices of Alleged Infringement for Content Made Available Through the MRA 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."
5. Provide your full legal name and your electronic or physical signature.

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

MRA – The Management Association
c/o: MRA Webmaster
N19W24350 Riverwood Drive
Waukesha, WI 53188

Email: [email protected]

If you have questions or comments about these Terms of Use, please contact us at [email protected].