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.