MICC Terms of Use

© Copyright Mortgage Industry Cybersecurity Certification, All rights reserved.

LAST UPDATED ON: Februrary 9, 2018

1. Introduction

Welcome to www.MICC.us (the "Website"). The Website is owned and operated by Mortgage Industry Cybersecurity Certification. CyberCecurity, LLC, a full-service cybersecurity company located in Denver, CO., has registered the tradename and does business as Mortgage Industry Cybersecurity Certification (hereinafter referred to as MICC).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR ACCEPTING OUR CONTENT OR SERVICES. By using the Website or accepting our content or Services, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future Services, you will also be subject to our Terms of Use, guidelines, conditions and agreements applicable to those Services. If these Terms of Use are inconsistent with the guidelines, conditions, and agreements applicable to those services, these Terms of Use will control.

This is an agreement between you and MICC ("Mortgage Industry Cybersecurity Certification", "we" or "us", or any of our affiliates). Please read these MICC Terms of Use and the MICC Privacy Policy and the other applicable rules, policies, and terms posted on the MICC.com website or provided with any Service (collectively, this "Agreement") before purchasing or using any aspect of the Service. By using the MICC.us or MICC websites, purchasing or using any MICC Content, using any MICC Applications, or using any aspect of the Service, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use any MICC Content, any MICC Application or the Service.

2. Definitions

For the purposes of this Agreement:

--MICC and Mortgage Industry Cybersecurity Certification are DBA trade names owned and operated by MICC.
--"Cybersecurity Applications" means software we make available that permits users to shop for, download, browse, or use the Cybersecurity Content on a Supported Device.
--"Cybersecurity Certification" means the process MICC uses to solicit, collect, document and verify to a satsifactory degree (as defined by MICC) certain attestations made by business owners regarding their cybersecurity programs and efforts.
--"Cybersecurity Certification" also means the documented cybersecurity program level (Bronze, Silver, Gold, Platinum) that you have achieved by virtue of developing your cybersecurity program in accordance with MICC's requirements which are based on the ISO 27001-2013 standard, the NIST Cybersecurity Framework, the NY DFS 500 regulation, and others.
--"Cybersecurity Content" means digitized or other content obtained through our website or by any other means.
--"MICC or MICC Cybersecurity Certification Service" means the various kinds of digital and other cybersecurity content and services that MICC makes available to businesses, business owners, and users in an effort to support those businesses and users of such business to become more aware of their security responsibilities and to help them improve their cybersecurity programs.
--"Service" means the provision of any cybersecurity content, services, products, advice, applications, support and other services that we provide to users.
--"Subscription Content" means MICC Content made available for access only for so long as you remain an active member of a subscription or membership program.
--"Supported Device" means a mobile, computer or other supported electronic device on which you are authorized to operate a Cybersecurity Application.

3. Privacy and Your Account

Please review the MICC Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

4. Use of MICC Content

Upon your download or access of MICC Content and payment of any applicable fees (including applicable taxes), MICC grants you a non-exclusive right to view and use such MICC Content an unlimited number of times solely for your personal and business use. It may not be shared with or transferred to any third party without the express written permission of MICC. MICC Content is licensed, not sold, to you by MICC.

5. Restrictions on Use: Limited License

All content contained and/or delivered via the Website or otherwise (collectively, "Content"), such as certification levels, text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, reports, books, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website or delivered via other methods is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any certification logos, trademarks, service marks, certification graphics, logos, page headers, icons, scripts and trade names (each, a "Mark" contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal or business use of the Website and other content. No Content of the Website, any other Internet site owned, operated, licensed, or controlled by us or any other content provided by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes for your personal, noncommercial, home or business use only, provided that you:

(a) keep intact all copyright, trademark and other proprietary rights notices;
(b) do not use any Content in a manner that suggests an association with any of our products, services or brands; and
(c) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other "hidden text" utilizing any such intellectual property, without our and each applicable owner's express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party's intellectual property as part of the link without our and each such party's express written consent.

6. Use of MICC Cybersecurity Certifications

You may use any MICC or MICC Certification graphics or Applications only as directed by Terms of Use associated with that Certification or Application. You may use the MICC or MICC Certication level graphic images only with our permission which is granted whenever you achieve a Certification level (Bronze, Silver, Gold, Platinum). The Certification level graphic images may only be displayed on the website(s) registered and authorized as part of your account with us. You agree to remove any MICC or MICC Certification level graphics or Applications upon our request. Other restrictions and disclaimers may apply.

7. Consideration

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website, Content, Certifications, data, materials, information, and Services available at or through the Website.

8. Money-Back Guarantee

We want you to be fully satisfied with our Certification Service and therefore we agree to guarantee our Certification Service in the following way:

(a) If at any time after receiving any of our Certification Service you are dissatisfied for any reason with the quality of such Service, you may request a full refund of the current annual fee you paid for such Service. 
(b) Send your request for refund to Ray Hutchins via email to rh@MICC.us. Please include your name, address, email address, and phone number as part of your communication to us. Please also include the reason for the request for refund, however the reason will not affect your ability to receive the refund. This is merely to help us improve our Service.
(c) We will verify your identity and first attempt to rectify any problems or issues with our Service. If this is impossible, we will then establish the refund mechanism (PayPal, check, etc.) and if everything is correctly verified, authorize the refund.
(d) You must remove any certification logos or graphics from any pages of any of your websites prior to us authorizing the refund.
(e) All authorized refunds will be made within 14 days of the refund approval date.
(f) You will be notified directly of the authorization and the transfer of funds associated with the refund.
(g) You may keep any products or services previously provided to you by us.
(h) You may not sell, resell, or otherwise commercially exploit any products or services provided to you buy us. These products are for your single use only.
(i) You may be required to sign an additional liability release prior to any refund authorizations.

 

9. Information Provided to MICC

The MICC Certification Service and/or Application will provide MICC with information about use of your MICC Application and its interaction with MICC Content and the Service may be stored on servers outside the country in which you live. We will handle any information we receive in accordance with the MICC.us Privacy Policy.

10. Confidentiality and Non-Disclosure

(a) “Confidential Information” for purposes of this Agreement means, (i) this Agreement, (ii) all attachments, and (iii) any information related to the MICC certification process, including business methods, and business or technical information, including information which is the property of Client or Consultant that has been furnished to one or the other pursuant to this Agreement.
(b) Each party recognizes the importance to the other party of that party’s Confidential Information, and that such information is critical to the business of the disclosing party. Each party recognizes that neither party would enter into this Agreement without assurance that their Confidential Information and the value thereof will be protected as provided in this Section and elsewhere in this Agreement.
(c) The receiving party shall hold in strict confidence the disclosing party’s Confidential Information and with no less than the same degree of care that it holds its own confidential and proprietary information and it will take all reasonable precautions to protect such Confidential Information. The receiving party shall not disclose such information to a third party, except to its employees, subcontractors and agents who need to know such Confidential Information in order to carry out the terms of this Agreement, or to comply with a lawful order from a court of competent jurisdiction, without the prior written approval of the disclosing party. The receiving party will use the disclosing party’s Confidential Information only for the purposes and under the circumstances provided in this Agreement.
(d) Except as otherwise provided in this Agreement, either party shall, as soon as reasonably practical and if permitted under the circumstances, notify the other party of any private or governmental request for Confidential Information or any other information or documents relating to the other party's confidential information. Each party shall have the right to participate in the other party’s response to any such request. If a party receives any legal instrument requiring the production of data, work papers, reports, or other materials relating to this Agreement, that party shall: (i) Give the other party, if possible, the opportunity to participate in quashing, modifying or otherwise responding to any compulsory process in an appropriate and timely manner; and (ii) Cooperate fully with the other party’s efforts to narrow the scope of any such compulsory process, to obtain a protective order limiting the use or disclosure of the information sought, or in any other lawful way to obtain continued protection of the Confidential Information.
(e) If either party becomes aware of the loss, theft or misappropriation of Confidential Information which is in its possession or control, it shall notify the other party in writing within 7 days of its discovery of such loss, theft or misappropriation. The obligations under this Section shall survive twelve (12) months after the termination of this Agreement.

11. Changes to Service.

We may change, suspend, or discontinue the Service, in whole or in part, including adding or removing Subscription Content from a Service, at any time without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the MICC.us website. Your continued use of the MICC  certification service or Application or any aspect of the Service after the effective date of the revised Agreement terms constitutes your acceptance of the terms.

12. Applicable Law and Disputes

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of Colorado. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Denver County, Colorado, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Denver County, Colorado, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

13. Disclaimer of Warranties

THE CONTENT ON THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).

YOU AGREE TO ACCEPT ALL RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING THE USE OF OUR SERVICES OR THOSE OF SERVICE PROVIDERS FOR WHICH WE PROVIDE CERTIFICATION AND/OR OTHER SERVICES. YOU UNDERSTAND AND ACCEPT THAT IT IS IMPOSSIBLE FOR ANYONE TO ACHIEVE FULL CYBERSECURITY AND WE CANNOT BE HELD RESPONSIBLE FOR OUR CUSTOMER'S CYBERSECURITY EFFORTS. YOU UNDERSTAND AND ACCEPT THAT OUR ABILITY TO CERTIFY SECURITY OR OTHER INFORMATION ABOUT ANY COMPANY IS BASED ON WHETHER OR NOT THEY ACCURATELY REPRESENT THEIR SITUATION AND WHETHER OR NOT THEY TELL US THE TRUTH. YOU ACCEPT THAT ALL WE CAN DO IS MAKE A BEST CASE EFFORT TO DOCUMENT AND VERIFY CERTAIN INFORMATION COLLECTED AND USED IN OUR CERTIFICATION PROCESS, YOU ACCEPT THAT THIS INFORMATION MAY BE FLAWED OR INCOMPLETE OR OTHERWISE INCORRECT. YOU INDEMNIFY US FOR ANY DAMAGES YOU MIGHT SUSTAIN AS A RESULT OF DECISIONS YOU MAKE WHILE USING OUR SERVICES. THIS INDEMNIFICATION INCLUDES ANY LAWSUITS THAT MAY BE FILED AGAINST YOU OR YOUR COMPANY AS A RESULT OF BREACHES OF YOUR NETWORK OR APPLICATIONS THAT MAY OCCUR AND DURING WHICH YOUR CUSTOMER DATA OR OTHER DATA MAY BE STOLEN AND CAUSE DAMAGE TO YOUR CUSTOMERS, PARTNERS, EMPLOYEES, VENDORS OR OTHERS. YOU ACCEPT THAT ANY OF THIS WOULD BE YOUR RESPONSIBILITY AND NOT OURS.


WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE A LICENSED ATTORNEY. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY SERVICES, CONTENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

14. Limitation of Liability

Without limiting the Disclaimer of Warranties and Limitation of Liability in the MICC Terms of Use, (1) in no event will our Service's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the MICC Service exceed the amount of fifty dollars ($50.00); and (2) in no event will our or any other MICC's aggregate liability to you for all damages arising from your use of the Service exceed the amount you actually paid for the MICC Content or for any aspect of the Service related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.

15. Indemnification

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the "Indemnified Parties"), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

16. Termination

These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:

MICC
c/o CyberCecurity, LLC
P.O. Box 270072
Littleton, CO 80127


We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website via subscription sales and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

17. Communications and Contact Information

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

For help with your MICC Service, MICC Content, or resolving other issues, please contact Ray Hutchins at rh@MICC.us.

For communications concerning this Agreement, please write to MICC, Attn: Managing Partner, P.O. Box 270769, Littleton, CO 80127.

18. Miscellaneous Legal Provisions

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.