As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: silent
No provision on this field was extracted from the captured text.
Company’s fee promise
Reviewed category: silent
No provision on this field was extracted from the captured text.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
MCM, ITS PARENT OR AFFILIATES WILL NOT SEEK ATTORNEYS’ FEES AND COSTS IN ARBITRATION UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS. ... In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOU and that each party has the right to seek attorney’s fees in any proceeding.
Pre-filing requirement
Reviewed category: notice-only-no-waiting-period
TO BEGIN AN ARBITRATION PROCEEDING, YOU MUST SEND A LETTER REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO OUR REGISTERED AGENT CORPORATION SERVICE COMPANY.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
Small-claims carve-out
Reviewed category: available-standard-carve-out
EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: continued-use-is-acceptance
This TOU may be amended or modified by MCM at any time, with or without notice, on the understanding that such changes will not apply to usage prior to the amendment or modification, or to claims arising prior to such change. Your continued use of any part of the MCM Website, or taking any action indicating acceptance of these terms by, for example, clicking any button, checking any box, or clicking any hyperlink, constitutes acceptance to such change.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE MCM WEBSITE, OR TO ANY INTERACTION WITH MCM OR ITS PARENT OR AFFILIATES, WHETHER THROUGH THE MCM WEBSITE OR OTHERWISE, OR TO ANY PRODUCT(S) OR SERVICE(S) OFFERED BY MCM OR ITS PARENT OR AFFILIATES WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY.
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: shortened-to-2-years
Any claim you might have against MCM relating to performance under this TOU must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred.
Severability if the class waiver is struck
Reviewed category: narrow-severance
In the event any provision of this TOU is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of this TOU, the invalidity, voidness, or unenforceability shall affect neither the validity of this TOU nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision.
Counsel or representation restrictions
Reviewed category: silent
No provision on this field was extracted from the captured text.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.