Terms of Use (TOU)

Effective as of February 11, 2020


IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (referenced herein as "you" or with "your") AND MIDLAND CREDIT MANAGEMENT, INC. (referenced herein as "MCM" or with "our"). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE (the "TOU") AS THEY GOVERN YOUR ACCESS TO AND USE OF THE MCM WEBSITES FOUND AT   www.mcm-ea.comand/or www.encoreadvantage.io (COLLECTIVELY, THE "MCM-EA WEBSITES") MCM IS WILLING TO LICENSE TO YOU THE RIGHT TO ACCESS AND USE THE MCM-EA WEBSITES ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOU. IF YOU DO NOT AGREE, PLEASE EXIT THE MCM-EA WEBSITES IMMEDIATELY. 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 any MCM-EA Website, or your clicking of any button to indicate acceptance of these terms, constitutes acceptance to such change. It is therefore essential that you consult and accept the TOU at the time of accessing any of the MCM-EA Websites, particularly to determine which provisions are in operation at that time, in case they have changed since the last time you used an MCM-EA Website or reviewed this TOU. Updates to this TOU will be denoted by the date marker at the beginning of this document. 

1. LICENSE GRANT. This TOU provides you with a personal, revocable, limited, non-exclusive, non-transferable, and non-sublicensable license to install and/or use, as applicable, the MCM-EA Websites solely for your personal use and conditioned on your continued compliance with this TOU. You may print materials and information from the MCM-EA Websites solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the MCM-EA Websites (or any part thereof) in any manner not expressly permitted by this TOU; (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the MCM-EA Websites (or any part thereof); (iii) access, link to, or use any source code from the MCM-EA Websites (or any part thereof); (iv) erase or remove any proprietary or intellectual property notice contained in or on the MCM-EA Websites (or any part thereof or materials therefrom); (v) tamper or interfere with the proper functioning of any part, page or area of the MCM-EA Websites and any and all functions and services provided by MCM, including any manner that could damage, disable, overburden or impair the MCM-EA Websites; (vi) submit any purposely inaccurate information, commit fraud, or submit falsifying information in connection with your User Account (as defined herein); or (vii) attempt to scan or test the security or configuration of the MCM-EA Websites or to breach security or authentication measures without proper authorization.

2. USER OBLIGATIONS. By accessing or using the MCM-EA Websites, you also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the MCM-EA Websites. In addition, you agree to assume all responsibility for compliance with this TOU and for your use, and the results of your use, of the MCM-EA Websites.

3. PROPRIETARY RIGHTS. The contents of the MCM-EA Websites, including all software, designs, text, graphics, images, photographs, illustrations, audio and video materials, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the MCM-EA Websites, unless otherwise indicated, are owned, controlled, and licensed by MCM. Any rights granted hereby are expressly licensed. MCM does not grant any implied right to you or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the MCM-EA Websites (or any part thereof) to you or anyone else. The MCM-EA Websites are Copyright © 2020 MIDLAND CREDIT MANAGEMENT, INC. , and/or its licensors. MIDLAND CREDIT MANAGEMENT, MCM, MCM Logo Design and all other names, logos, and icons identifying MCM and its products and services are proprietary trademarks of MCM, and any use of such marks, including, without limitation, domain names or account identifiers, without the express written permission of MCM is strictly prohibited. Other product and company names mentioned herein or on the MCM-EA Websites may be the trademarks and/or service marks of their respective owners.

4. PRIVACY. Please see our Web Privacy Policy for information relating to our collection and use of information you submit to the MCM-EA Websites. For information about MCM’s collection and use of personally-identifiable information from any source, including the MCM-EA Websites and off-line sources, please see our Privacy Notice.

5. LINKS TO OTHER SITES. MCM may provide links, in its sole discretion, to other websites or online social networks (or pages) for your convenience in locating or accessing related information, products, and services. These sites, networks, and pages have not necessarily been reviewed by MCM and are maintained by third parties over which MCM exercises no control. Accordingly, MCM expressly disclaims and shall not have any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites, networks, or pages. Moreover, these links do not imply an endorsement with respect to any third party, any website, network, or page, or the products or services provided by any third party.

6. AVAILABILITY AND ACCURACY OF THE MCM-EA WEBSITES. You agree that from time to time MCM may modify or remove the MCM-EA Websites, including any features therein, for indefinite periods of time at any time, without notice to you. While MCM uses reasonable efforts to keep the MCM-EA Websites accessible, the MCM-EA Websites may be unavailable from time to time for any reason including, without limitation, routine maintenance. Although MCM strives for accuracy in all elements of the MCM-EA Websites, they may contain errors, inaccuracies or omissions. MCM reserves the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the MCM-EA Websites is inaccurate at any time without prior notice. Although MCM makes reasonable efforts to prevent tampering with the MCM-EA Websites, MCM does not guarantee that MCM’s efforts will always be successful. MCM is not responsible for your reliance on any information or content found on the MCM-EA Websites, which for the avoidance of doubt includes any information related to a listing or practice, and MCM makes no representations about the accuracy, reliability, completeness, or timeliness of the MCM-EA Websites, or information thereon, and is not responsible for the conduct, whether online or offline, of any person using the MCM-EA Websites, including any person’s violation of this TOU.


To access certain features of the MCM-EA Websites, you must create a user account with MCM ("User Account"). To create a User Account, you must be a legal resident of the United States and at least 18 years of age at the time of registration. You will be asked to provide your name and email address to create a User Account. You may only create one User Account as an individual. You must safeguard your password and supervise the use of your User Account, and understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify MCM immediately of any unauthorized use of your User Account. Your User Account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business. 

If you violate any of these limitations, MCM may terminate any or all of your User Account. If MCM terminates your User Account, you may not re-enroll or join under a new user account unless MCM formally invites you. If you commit fraud or falsify information in connection with your use of the MCM-EA Websites in or under your User Account, your User Account may be terminated immediately and MCM reserves the right to hold you liable for any and all damages that MCM suffers, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity MCM associates with you or your use of the MCM-EA Websites.

8. ELECTRONIC COMMUNICATIONS. When you use the MCM-EA Websites, including by providing an electronic mail address for any reason, or send e-mails, text messages, and other communications from your desktop or mobile device to MCM or its affiliates, you may be communicating with us electronically. By doing so, you consent to receive communications from MCM or its affiliates electronically, such as e-mails, texts, mobile push notices, or notices and messages on the MCM-EA Websites or through any other means from MCM or its affiliates, and you can retain copies of these communications for your records. 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. You further agree that you are the sole user of any electronic mail account or electronic device that you use to communicate with MCM or its affiliates, that you have sole access to that account or device, and that the e-mail address associated with that electronic mail account is not furnished or owned by your employer. If you do not wish to receive electronic communications from MCM or its affiliates, you may opt out of such communications by contacting us using the information provided at the bottom of this page or clicking the un-enroll option in the email.  Without limiting any of the foregoing, and for the avoidance of any doubt, by providing your email address, you are authorizing MCM to contact you at that email address.  If at any point you want to withdraw your consent to receiving e-mails, please click the un-enroll option in the email or call MCM at 844-280-3764. Please be advised that if you provide access to your email account to any other persons, such persons may be able to read the emails that we send to you. If you have provided your work place email, it may be subject to your employer’s email monitoring policies and therefore may be read by your employer. Some written communications will continue to be sent via regular mail.

9. CALL RECORDING. By using or accessing the MCM-EA Websites, you acknowledge that all calls to and/or from MCM may be monitored or recorded by MCM. By continuing any call to or initiated by MCM, you consent to such monitoring or recording of the call by MCM.

10. CALLS AND COMMUNICATIONS TO YOU USING A MOBILE TELEPHONE NUMBER. If you provide a mobile telephone number to MCM, you consent to receiving calls, texts, SMS messages, prerecorded messages, or other communications of any kind whatsoever, at that number or on a device connected to or associated with that number, from MCM, its parent, and/or its affiliates using an automatic telephone dialing system, autodialer, or predictive dialer. The ways in which you provide MCM a telephone number may include, but are not limited to, providing a telephone number in an e-mail, text message or other communication to MCM, adding a telephone number to your Account on the MCM-EA Websites, providing it to an MCM employee, or by contacting MCM from that phone number. YOU HAVE THE RIGHT TO REFUSE TO PROVIDE THIS CONSENT AND YOU HAVE THE RIGHT TO REVOKE THIS CONSENT AT ANY TIME. TO REFUSE TO PROVIDE THIS CONSENT OR TO REVOKE YOUR CONSENT, YOU MAY CALL844-280-3764, OR WRITE TO THE

Chief Compliance Officer:

P.O. Box 939069

San Diego, CA 92193 


These Payment Terms and Conditions (the "Payment Terms and Conditions") are part of this TOU and govern any payment transaction you initiate on the MCM EA Website located at www.mcm-ea.com (each, a "Payment Transaction"). If you choose to use the MCM EA Website located at www.mcm-ea.com to make a Payment Transaction, you accept and agree to these Payment Terms and Conditions. 

11.1 Scope: As used herein, the words "bank account" refer to the account held by a bank, securities firm, or other financial institution from which payment will be made when you make a Payment Transaction. The words "your bank" mean the bank, securities firm, or other financial institution that holds your account and/or issued your credit or debit card. Making a Payment Transaction will enable you to pay your account(s) online. MCM, in its sole discretion, may refuse this payment option service, and specific payment methods, to anyone or any user without notice for any reason at any time.

11.2 Payment Authorization (Including Automatic Payments): To make a Payment Transaction, including automatic payments (if eligible), you must designate a valid major credit card, check, or electronic check ("Payment Method"). Each time you initiate a Payment Transaction, you authorize us or our agent to draw a check or draft, initiate an automated clearing house ("ACH") debit, and/or charge your Payment Method, in your name to the bank account you specify, payable to us or to our agent, in the amount of the Payment Transaction, on the date(s) specified ("Billing Date") of the month(s) of payment according to the schedule (one-time or recurring) that you have affirmatively elected to enroll in for your account. Your transaction must be payable in U.S. dollars. By paying using your designated Payment Method, you agree that: (a) you have read, understand and agree to these Payment Terms and Conditions, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation; (b) you consent to the electronic delivery of the disclosures contained in these Terms and Conditions; (c) you authorize MCM (or its agent) to make any inquiries we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases; (d) you authorize MCM (or its agent) to initiate one or more drafts or ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account; and (e) you authorize the financial institution that holds your bank account to deduct such payments, debit your debit card, and/or charge your credit card, and to initiate any debit or credit entries to your bank account in the amount of such payments or corrections.

11.3 Payment. Any request or order to settle or make a Payment Transaction shall require MCM’s confirmation of acceptance and may also require additional verification or information from you before acceptance by MCM. All amounts are denoted in US Dollars ($). MCM utilizes third party payment processors, and you hereby agree that MCM may charge your chosen payment method for any Payment Transaction and for any applicable taxes. You agree to pay all charges incurred by you in connection with any credit card, debit card, or other payment method utilized in connection with a Payment Transaction with MCM. MCM does not assess fees or interest to a consumer’s balance throughout the period of active repayment (except those awarded by a court upon agreement with the consumer or after due process of law); however, missed payments will invalidate any agreed upon arrangement. Interest on the account, if applicable, which had been deferred while payments were being received may be added back to the account after payments ceased. MCM also reserves the right to terminate or suspend access to the MCM-EA Websites if you fail to pay any amounts when due. You shall reimburse MCM for all reasonable costs incurred (including reasonable attorney’s fees) in collecting past-due amounts.

11.4. Third Party Processors. You acknowledge and agree that you are responsible for compliance with any third party payment processor’s terms and conditions and may be required to establish an account with a third party payment service provider in order to complete a Payment Transaction. You may also be required to abide by additional instructions from and to agree to further terms and conditions with MCM regarding payment, retrieving data, and receiving other services. If there is a conflict between this TOU and such other or third party terms and conditions, this TOU shall control as it relates to the subject matter of this TOU.

11.5 Current Information: It is your responsibility to make sure that your Payment Method information and contact information are current at all times during the term of the payment plan you specify in your Payment Transaction.

11.6 Payment Processing: With limited exceptions, Payment Transactions will be processed within 24 hours of receipt. Payment Transactions made at or before 2:00 pm PST will be credited to your account the same day. Payment Transactions made after 2:00 pm PST may be credited to your account the following business day. You are solely responsible for making payments sufficiently available prior to the due date, and you are solely responsible for actions taken on your account resulting from a late payment.

11.7 Turning Off Automatic Payment or Voiding Your Plan: To cancel automatic payments on your payment plan, please contact us directly at the phone number at the bottom of the page. You may also void your plan by logging into your account located on the MCM EA Website at www.mcm-ea.com, or by calling the same number. Such cancellation or termination shall be effective at the time of cancellation or termination. To cancel, change, or modify your payments or plan, please call or log-on at least three (3) Business Days before the Billing Date, unless otherwise permitted under applicable law, or your payment may be debited and/or charged for the then due payment. If you have entered into an agreement on a pending civil action regarding the underlying debt or a court has approved your payment plan and it, or the agreement itself, requires additional actions by either party in the event of your non-payment or default, then your cancellation of online automatic payments will be honored. However, this may not affect your legal rights or your obligations to pay as agreed. "Business Day" means Monday through Friday, excluding official U.S. government holidays and official MCM corporate holidays.

11.8 Customer Service: Payment Transactions that we process using your Payment Method, will be identified as "Midland Credit Management, Inc." (or similar identifier) on the statement issued by your bank or other financial institution holding your account. All questions relating to any transactions made using your bank account by us should be initially directed to us. Save the payment confirmation that you are provided when you make a payment, and check it against your applicable account statement. You may contact us regarding any payments made using your bank account or other method by writing to us at 2365 Northside Drive, Suite 300, San Diego, CA 92108, or by phone at 844-280-3764. 

11.9 Transaction Errors and Advisability of Prompt Reporting: If you believe that any Payment Transaction initiated by MCM (or its agent) with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible. Notify us at once if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account to complete a payment using your account without your permission. We reserve the right to cancel the ability to pay using the MCM-EA Website located at www.mcm-ea.com for any reason at any time. You also should contact your bank for the Payment Method.

11.10 Our Liability for Improper Transactions or Payments: Federal law limits your liability for any fraudulent, erroneous unauthorized transaction from your bank account based on how quickly you report it to your financial institution. As general rule, you should report any fraudulent, erroneous or unauthorized transactions to your bank within 60 days after the questionable transaction FIRST appeared on your bank account statement. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability. We will not be liable to you in the following instances:

·       If, through no fault of ours, your account does not contain enough money to complete the transaction;

·       If the funds in your account are subject to legal process or other encumbrance restricting the transaction; or

·       If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken.

11.11 Disclosure of Payment Information to Third Parties: To protect your privacy, we will not disclose any information about your online payments transactions to any person, except as follows:

1.     as necessary to complete transactions;

2.     to validate or verify the existence and condition any dispute involving payment, including with a third party, such as a financial institution or credit bureau (or, for Massachusetts residents, a consumer reporting agency as defined in chapter 93 of the Massachusetts General Laws);

3.     to comply with government agency or court orders;

4.     to our employees, auditors, service providers, attorneys, or collection agents in the course of their duties;

5.     to persons authorized by law in the course of their official duties; or

6.     if you give us your written permission.

11.12 Termination: MCM, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. You may terminate your participation in this service, but you must do so by writing to us at the address disclosed in the Section of these Payment Terms and Conditions entitled "Customer Service." For automatic payments, see the section of these Payment Terms and Conditions entitled "Cancellation of Automatic Payments." If you close your account, you agree to notify us first and to stop initiating transactions, and pay all agreed upon payments

11.13 Prior Agreements and Assignments: These Payment Terms and Conditions terminate and take the place of all prior agreements you may have with us relating to any Payment Transactions. We have the right to assign these Payment Terms and Conditions to a subsidiary or affiliate company at any time.

11.14 Note for Massachusetts Residents:

GENERAL DISCLOSURE STATEMENT: Any documentation provided to you which indicates that an electronic fund transfer was made shall be admissible as evidence of such transfer and shall constitute prima facie proof that such transfer was made.

The initiation by you of certain electronic funds transfers from your account will, except as otherwise provided in these Payment Terms and Conditions, effectively eliminate your ability to stop payment of the transfer.


DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES: If you give us your written authorization to disclose information about you, your account or the transactions that you make to any person, that authorization shall be effective until we receive written notification from you to cancel such authorization, unless otherwise agreed or permitted by law, or as necessary under Paragraph 11.11.

11.15 Changes to Payment Terms and Conditions: We may in our discretion change these Payment Terms and Conditions, TOU, Web Privacy Policy, and/or our Privacy Notice at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Payment Terms and Conditions or these TOU. We reserve the right to subcontract any of our rights or obligations under these Payment Terms and Conditions and TOU.


12. FEEDBACK. MCM welcomes your feedback and suggestions about MCM's products or services or with respect to how to improve the MCM-EA Websites. But, by transmitting any feedback or suggestions and any related information, materil, or other content (collectively, "feedback") to MCM, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to MCM. In addition, any feedback received by MCM will be deemed to include from you a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for MCM to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in the information, material, or content related to such feedback, and you hereby waive any claim to the contrary.


14.  LIMITATION OF LIABILITY. You acknowledge and agree that MCM shall not be liable or responsible for any claim, damage, or loss resulting from a cause beyond MCM's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or other natural disasters, strikes or other labor problems, wars, or governmental restrictions.



Any dispute or claim relating in any way to your use of the MCM-EA Websites, or to any interaction with MCM or its parent or affiliates, through the MCM-EA Websites 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. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company. The arbitration will be conducted by any appropriate arbitration forum including, but not limited to the American Arbitration Association (AAA) or JAMS, under their rules, including any Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. JAMS rules are available at WWW.JAMSADR.COM or by calling (800) 352-5267. Payment of all filing, administration and arbitrator fees will be governed by the rules of the arbitration forum. mcm, its parent OR affiliates will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

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. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

16. ENFORCEMENT. MCM wishes to maintain the MCM-EA Websites as helpful resources for all of its users. As it relates to MCM, MCM reserves the right to view, monitor, and/or record activity on the MCM-EA Websites (in accordance with applicable law) and to comply with government or court appointed authorities when necessary. Actual or attempted unauthorized use of the MCM-EA Websites may also result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall therefore not, nor shall you permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by MCM for use of or with the MCM-EA Websites. Moreover, you also acknowledge that any breach, threatened or actual, of this TOU by you may cause irreparable injury to MCM and/or its licensors, such injury would not be quantifiable in monetary damages, and MCM and/or its licensors would not have an adequate remedy at law. You therefore agree that MCM and/or its licensors (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that MCM or its licensors post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to MCM to enforce any provision of this TOU.

17. TERMINATION.MCM also reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of this TOU, to terminate this TOU with you (including any registered account) and your right to access and use the MCM-EA Websites. You acknowledge and agree that MCM shall have the sole right to determine in its reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of this TOU. MCM shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of this TOU in accordance with this section. You may also terminate at any time by ceasing to use the MCM-EA Websites. But, all applicable provisions of this TOU will survive termination, as outlined below. Any licenses from MCM and any right to use the MCM-EA Websites shall immediately cease upon termination of this TOU. The provisions concerning feedback, MCM's ownership rights, warranty disclaimer, limitation of liability, governing law, enforcement, termination, and the miscellaneous terms will survive the termination or expiration of this TOU for any reason.

18. GOVERNING LAW. This TOU has been made in and will be construed and enforced solely in accordance with the laws of the State of California, U.S.A., as applied to agreements entered into and completely performed in the State of California. Without limiting and subject to the arbitration provisions set forth in this TOU, the state or local courts in the State of California will have exclusive jurisdiction and venue over all controversies in connection with this TOU, and you hereby consent to such exclusive and personal jurisdiction and venue. 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. 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. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOU and is hereby disclaimed.

19. SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions, including, without limitation, MCM’s Web Privacy Policy, and MCM's Privacy Notice, may apply to the use of the platforms or online solutions available through the MCM-EA Websites. You agree to abide by such other notices, terms, and conditions (as applicable). If there is a conflict with this Agreement, MCM's obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing should be construed to alter such terms, conditions, notices, and agreements. Nevertheless, your end use of the MCM-EA Websites shall be pursuant to this Agreement.

20. ENGLISH VERSION PREVAILS. In the event this TOU is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail.

21. MISCELLANEOUS. The relationship between you and MCM is and shall be that of independent contractors and nothing in this TOU shall be construed or used to create or imply any relationship of partners, joint ventures, or employer and employee. You may not assign or otherwise transfer this TOU or the license granted hereunder or delegate any of your duties specified herein, in whole or in part, without MCM's prior written consent. Any attempt of assignment, delegation, or transfer in violation of this TOU shall be void, of no effect, and a material breach of this TOU. Notwithstanding the foregoing, MCM may assign this TOU in whole or in part. Moreover, MCM may delegate its rights and responsibilities or use contractors or agents to fulfill its obligations under this TOU. Failure by MCM to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of that or any subsequent default or failure of performance. 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. Headings are for convenience only and have no legal or contractual effect. This TOU and MCM's Privacy Policy, which is hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and MCM with respect to subject matter herein, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and MCM with respect to the MCM-EA Websites. Please note that MCM reserves the right to change the terms and conditions of this TOU and by which the MCM-EA Websites are extended to you by providing notice of such changes on this webpage or providing in writing or electronically a copy of such revised terms (or notice thereof). MCM also has the exclusive right to provide updates, upgrades, and/or changes to any aspect of the MCM-EA Websites at any time. Your continued use of the MCM-EA Websites following any such change will be deemed acceptance of any change to this TOU and/or the MCM-EA Websites.

If you have any questions, please contact us at 844-280-3764

Please understand that this is a communication from a debt collector. This is an attempt to collect debt. Any information obtained will be used for that purpose.