MTA General Terms of Use

General Terms of Use

1. INTRODUCTION

Welcome to the Internet websites of More Than A, including (https://brian-kops-s-school.teachable.com/) with any materials and services available on the sites, including paid access to certain premium features or content, which have been developed and are controlled and maintained by More Than A (“MTA”). Please note that while the Site is operated by More Than A, the services provided on the Site may be performed by entities affiliated with or under contract to MTA. MTA and any and all such affiliated or contracted entities are collectively referred to herein as "we," "us" or "our".

PLEASE READ THESE GENERAL TERMS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THIS SITE. These Terms of Use apply to you if (a) you are user of the Site over the age of 18 (or, if not 18, the applicable age of majority in your jurisdiction) or (b) you are a parent or guardian entering into these Terms of Use on behalf of a child under the age of 13 who will be a user of the Site. By using this Site or by clicking a box that states that you accept or agree to these terms, you (i) signify your agreement to these Terms of Use, and (ii) affirm that you fall into either category (a) or (b), above. If you do not agree to these Terms of Use or do not fall into category (a) or (b), above, please exit the Site immediately, as you are not authorized to use the Site. If you are between the ages of 13 and 18 (or, if not 18, the applicable age of majority in your jurisdiction), please navigate to the Teen Terms of Use, which terms will govern your use of the Site. These Terms of Use incorporate any additional terms and conditions posted by MTA through the Site, or otherwise made available to you by MTA.

WHAT TERMS APPLY TO EU-BASED USERS – If you are an individual (acting as a consumer) who is based in a Member State of the European Union or the UK (whether or not the UK remains an EU Member State), please note that these Terms of Use apply to you in a slightly amended form. The amendments applicable to you are outlined in the EU-specific terms contained in Section 21 (Terms specific to EU-based users).

WHAT TERMS APPLY TO USE OF OUR DIGITAL CITIZENSHIP OFFERINGS BY EDUCATIONAL INSTITUTIONS IN THE UNITED KINGDOM?

Please note that the terms that govern and condition UK-based Educational Institutions’ use of our Digital Citizenship Offerings are our UK Digital Citizenship Terms of Service which covers our Processing of certain Personal Data on behalf of such Educational Institutions).
If you are an educator in UK or otherwise act on behalf of a UK-based Educational Institution, please read our UK Digital Citizenship Terms of Service carefully.
The application of the UK Digital Citizenship Terms of Service to UK-based Educational Institution’s use of the Digital Citizenship Offerings does not affect or limit the general application of these Terms of Use to you and your use of the Site.

IF YOU PURCHASE A 2-MONTH PAYMENT PLAN, THE SECOND PAYMENT WILL BE AUTOMATICALLY CHARGED WITHIN 35 DAYS AFTER THE FIRST PAYMENT UNLESS A CANCELLATION REQUEST IS RECEIVED AND GRANTED PRIOR TO THE SECOND PAYMENT.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW, REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS OF ANY KIND.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. From time to time, these Terms of Use may be changed, expanded or amended, and may include the introduction of additional terms for certain Site features. Any changes to these Terms of Use may be made without notice and will be effective immediately upon posting on the Site, so please be sure to review them on a regular basis. The effective date appearing at the top of this page indicates when the latest changes were made to these Terms of Use.

If you subscribe to Member Services, MTA will also provide notice of material changes the Terms of Use to the last e-mail you provided when registering your account. If you refuse to accept the updated Terms of Use then MTA reserves its right to discontinue your use of the Member Services.

To assist you with your review of these Terms of Use, we provide at the end of most sections a short, very high-level summary of the applicable section. These summaries are included for reference purposes only, do not constitute contractual terms and are not a substitute for reading the actual contractual terms; the summaries will not affect the meaning or interpretation of these Terms of Use, and, in all cases, the substantive terms of these Terms of Use (and not any summary) will govern and take priority over any summary.

Summary:
Welcome to our Site! We are More Than A. We know that Terms of Use can be very long, so we have tried to summarize the key concepts for you in summary boxes throughout these Terms of Use in non-legalese. Although these summaries are helpful, please be sure to read all terms carefully, because the language in each Section (aside from these summaries) is the legally binding language. These terms apply to you if you are over the age of 18 or are a parent or guardian entering into these terms on behalf of a child under the age of 13. If you fall into one of these categories, and if you use the Site, you are indicating that you agree with these terms. If you are between the ages of 13 and 18, please navigate to the Teen Terms of Use, because those terms will govern your use of the Site. We may change these terms at any time and may do so simply by posting a revised version here. You can always check if we have changed the terms by looking to the date at the top of the page. If they have been modified, you will want to take time to review what has changed. You will also want to take a close look at Section 17, which requires that legal disagreements between you and us be resolved through binding arbitration, rather than in a court room before a judge and jury.

2. MATERIALS ON THE SITE AND RELATED RIGHTS AND RESTRICTIONS

The information and materials provided through the Site, including any data, text, photographs, graphics, images, music, audio and video clips, logos, icons, software and links (collectively, the “Materials”) are intended to educate and inform you. The Site is owned and operated by MTA in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of MTA and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Use or as expressly authorized in writing by MTA or, if so indicated in writing by MTA, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. We may change the Site or delete Materials or features at any time, in any way, for any or no reason. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

Although MTA strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although MTA endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Further, the Materials should not be construed as professional advice on any subject matter, and availability or use of the Materials is not intended to create, and does not create, any professional services relationship. In certain cases, content available within a Member Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. MTA will have no liability to you for any such unavailability.

The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of MTA, MTA’s licensors and suppliers, and others. Our Trademarks include More Than A, More Than A Drummer and any associated logos. The Trademarks owned by MTA, whether registered or unregistered, may not be used in connection with any product or service that is not MTA’s, in any manner that is likely to cause confusion with MTA or in any manner that disparages MTA. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of MTA, MTA’s licensors or suppliers, or the third party owner of any such Trademark. Any use of the Trademarks, and all goodwill associated with such Trademarks, shall inure solely to the benefit of MTA, MTA’s licensors or suppliers, or the third party owner of such Trademarks. Misuse of any Trademarks is prohibited, and MTA will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Summary:
As between you and us, we own the rights to all of the images and other materials on the Site. You may use these images and other materials in accordance with these terms, but may not make any changes to them. We try to keep the Site up-to-date, but it is possible the Site may not be fully accurate or complete or that content within a Member Service will always be available.

The trademarks and logos on the Site belong to either us or their owners. Such trademarks and logos may not be used by you unless you receive permission to do so from the owners of such trademarks and logos.

3. SUBMISSION OF MATERIALS

MTA welcomes and values your contributions to the Site in areas designated for contribution. In such areas, users may post reviews, comments and other content, so long as you adhere to MTA’s Community Guidelines, and these Terms of Use.

Please note that, because we and our designees allow users to post reviews and other information on the Site and may in the future host other types of forums on the Site (collectively, the Community Forums) and, therefore, redistribute materials you give to us, we require certain rights in those materials. Accordingly, by sending or transmitting to us reviews, comments, creative suggestions, ideas, notes, concepts, information or other materials (collectively, Submissions), or by posting such Submissions to any area of the Site, you hereby grant to us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to reproduce, distribute (through multiple tiers), adapt, modify, edit, create derivative works of, perform and display (publically or otherwise), make, have made, sell, offer for sale, import, analyze and otherwise use such Submissions, alone or as part of other works, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without additional consideration to you or any third party. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. You also grant MTA and its affiliates and sublicensees the right to use the name that you submit in connection with such Submissions, if we or they so choose. You represent and warrant that you own or otherwise control all of the rights necessary to grant the licenses granted in this section, including with respect to the content in your Submissions; that the content in your Submissions is accurate, does not violate these Terms of Use and will not cause injury to any person or entity, including by violating of the rights of any such person or entity; and that you will indemnify MTA or its affiliates or sublicensees for all claims resulting from Submissions you supply. MTA takes no responsibility and assumes no liability for any Submissions posted by you or any third party, including if you make any of your personally identifiable information available through the Site.

Our Forums are designed to facilitate the exchange of information between users. Information, products, services and other materials available on our Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with MTA (“Third Party Materials”). You acknowledge that a large volume of information, including Third Party Material, is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither control, nor endorse, nor are we responsible for such messages or statements, or for any opinion, advice, information or other content or Third Party Materials made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the MTA community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of MTA. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information or Third Party Materials. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information or Third Party Materials.

We have no obligation to monitor the Site or the Forums, or any Submissions or other materials (including Third Party Materials) that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we and our affiliates have the right (but not the obligation) to monitor or analyze your access to or use of the Site and the Forums and the materials you transmit or post, including Submissions; to evaluate, alter or remove any such materials (including, without limitation, any Submissions or postings to a Forum) before or after they appear in a Forum; to disclose such materials and the circumstances surrounding their transmission to any third party for any reason or purpose, including in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.

Summary:
We welcome your participation on our Site! Please be sure, however, that anything you submit is in accordance with our Code of Conduct, Community Guidelines, these terms and our Privacy Policy. If you submit something, you agree that we may use it or share it for any reason, and may include your name in connection with your submission. Our Site may contain, or provide you with access to, information, content and other materials that are provided by third parties, rather than by us. We are not responsible for the information, content and other materials provided by third parties and we note that the information, content and other materials they provide may not be true. You may need to agree to separate terms with those third parties in order to access or use their information, content or other materials. Among other things, we have the right to monitor and analyze our forums and the Site, including submissions to our Site, but we don’t promise that we will do so. We may use or share this information with anyone for any number of reasons.

4. USE OF MATERIALS

Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by MTA to use the Site, MTA grants to you a limited license to access and make personal use of the Site (or any portion of the Site) to which we provide you access under these Terms of Use, on any single device. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose. Use or downloading of any of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. Any unauthorized use of the Site or any Materials automatically terminates any permission or license granted by MTA. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of MTA so long as the link does not portray MTA, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive matter.

Without limiting the generality of the foregoing, your use of the Member Services must be only for personal, non-commercial use. You agree not to use any Member Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement).

Summary:

We grant to you permission to use our Site, and materials, and link to our homepage, but just for your personal use. Please note that your use of our Site is subject to all of the other terms throughout these Terms of Use (including the Code of Conduct, below) and may also be subject to certain third-party terms. Unfortunately, if you can’t comply with these terms, you can’t use our Site, or materials, or link to our homepage (or any other page of our Site).

5. CONTENT ACCESSIBLE THROUGH LINKS FROM THE SITE

Certain Site functionality may make available access to Third Party Materials, or allow for routing or transmission of such Third Party Materials to you via links to other World Wide Web sites and resources. Because MTA has no control over such sites, resources or Third Party Materials, you acknowledge and agree that MTA is not responsible for the availability of such external sites, resources or Third Party Materials, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, including Third Party Materials. You further acknowledge and agree that MTA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, services or Third Party Materials available on or through any such site or resource. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.

Summary:

Our Site may provide you with access to content, goods, services and other materials, including through links to other third party websites or resources. We are not responsible for these third-party websites or resources (or the content, goods, services and other materials provided by them), and we note that they may not necessarily be safe or secure.

6. YOUR ACCOUNT

When and if you register with the Site and/or purchase Member Services, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address and any additional information required if you purchase Member Services) and (b) maintain and update your information (including your email address and any additional information required if you purchase Member Services) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of all or any portion of the Site.

As part of the registration process, you may be asked to select a username and password. We may refuse to grant you, or require that you change, any username or password that you select in registering, including anything you select that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use or misuse of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly notify us and change your username or password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Summary:
You may need to have an account with us in order to use our Site or any portion of our Site, including to purchase products or services. If you choose to create an account with us, you agree to provide us with your real e-mail address (and real billing information if purchasing products or services) and to keep your information up-to-date. You can choose your own username and password, but we may ask you to change it or refuse to approve you for an account. Please keep your username and password confidential, and let us know if you learn that someone is misusing your account. You will be responsible for anything that happens on the Site through your account.

7. CODE OF CONDUCT

While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations, and that you will not:

Use the Site or Materials for any unlawful or improper purpose;
Use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of any content;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or otherwise fails to respect the rights and dignity of others, (b) any material, non-public information about companies without the authorization to do so; (c) any material protected by trade secret, copyright, trademark, right of publicity or privacy or any other proprietary right of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial purpose or communication;
Use any MTA Trademark or any MTA graphics, logos, page headers, button icons, scripts or services names;
Remove any copyright, trademark or other proprietary rights notices contained in the Site or any Materials;
“Frame” or “mirror” any part of the Site, or otherwise incorporate any part of the Site into any product or service, without our prior written authorization;
Collect, harvest or store personal data or other information about other users;
Harass other users;
Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of interfering or disrupting the operation of the Site or the servers or networks used to make the Site available, such as by “hacking” or defacing any portion of the Site;
Engage in spamming or flooding;
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without MTA’s prior written consent;
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
Transmit any software or other materials that contain any viruses, worms, trojan horses, Easter eggs, defects, date bombs, time bombs, spyware, or other items of a destructive nature; or
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “scrape,” “data mine” or in any way gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site or its contents.
Incorporate any Materials into any artificial intelligence or machine learning training data or otherwise use any Materials in connection with developing, training, or tuning any artificial intelligence or machine learning model or algorithm.

If you find any Materials on the Site which you believe violate or are inconsistent with this Code of Conduct, please contact the Site administrator at [email protected].

When you use the Member Services, you further agree not to (and will not attempt to):

use any part of the Member Services in an illegal manner or for an illegal purpose;
share your MTA account password with someone else to allow them to access any part of the services that such person did not order;
copy, sell, rent, or sublicense MTA products or services to any third party;
circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that MTA or any third-party uses to protect the services or encourage or help anyone else to do so;
access the MTA services other than by means authorized by MTA; or remove any legal notices or labels on Member Services;
present any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Member Services or content available within the Member Services.

Summary:
This Section describes some ground rules to protect our Site community and seeks to ensure that all users can make the most of our Site. In addition to the other rules listed above, this Code of Conduct requires that you not harass or spam other users, post inappropriate content, transmit any viruses or engage in any disruptive or illegal conduct. While we don’t want to be in a situation where we have to cut off your access to our Site, we can do so if you violate our Code of Conduct or these terms, or otherwise behave badly in using our Site. Please be considerate of the other users on our Site and let us know if you suspect someone is acting inappropriately!

Your use of Member Services is specifically subject to certain restrictions. For example, you may not attempt to circumvent restrictions we have on access to or availability of the Member Services.

8. MAKING PURCHASES. If you wish to purchase products or services described on the Site, including MTA services, you may be asked by MTA or the third party provider of the product or service to supply certain information applicable to your purchase, including without limitation credit card and other information. You represent and warrant that you have the right to use any credit card that you submit in connection with your purchase. You understand that any such information will be treated by MTA in the manner described in our Privacy Policy. You agree that all information that you provide to MTA or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes, shipping and handling charges relating to your purchases.

Third-Party Payment Providers. All payments will be processed via a third-party platform. MTA accepts payment via the current payment method indicated at time of purchase, which may include credit or debit card, and any other form of payment that MTA makes available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with MTA, Apple, Stripe, Google, PayPal or another third-party platform, that governs your use of a given payment processing method.

Product and Service Fees. Payment Plans are recurring payments. The term is monthly or as described in the course of transaction. Your payment plan begins upon payment of the first installment of subscription fees.

You agree to pay for any Payment Plans that you order. Your credit card or other form of payment will be charged for the price and billing period listed on the relevant Member Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any payment plans, you agree that MTA will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, MTA reserves the right to immediately revoke your access to any Member Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, MTA may cancel your access.

Prices for products and services may change at any time, and MTA does not provide price protection or refunds in the event of a price reduction or promotional offering.

Taxes. If MTA is required to collect or pay any taxes in connection with your purchase of services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase.

Cancellations and Refunds. You can cancel your services at any time by contacting MTA at [email protected]. If you purchase a product or service, you will not receive a refund or credit. Fees paid are final and nonrefundable, unless otherwise determined by MTA. If MTA reasonably determines that a user has violated these Terms of Service, MTA may immediately terminate the user’s access to services without notice and without refund. Refund requests should be directed to [email protected].

Important Notice With Respect to Products or Services on the Site. Descriptions or images of, or references to, products or services on the Site do not imply MTA’s endorsement of such products or services. We make no representations as to the accuracy, validity or timeliness of such descriptions, images or references. We reserve the right, without prior notification, to change such descriptions, images or references, to limit the order quantity on any product or service and/or to refuse service to you Verification of information applicable to a purchase may be required prior to MTA’s acceptance of any order. Price and availability of any product or service are subject to change without notice. It is your responsibility to follow all laws regarding the purchase and use of any product or service.

Summary:

We may make available various products or services for purchase on our Site. Please note that we may run out of or change these products or services at any time or may choose not to sell you something. You are responsible for all purchases made using your username and password. If you enter any credit card information to make a purchase, you are indicating to us that you have the right to use that credit card.

9. CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials hosted on the Site infringe your copyright, you (or your agent) may send us a notice by mail or e-mail, requesting that the material be removed or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send MTA a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site must be sent by email to: [email protected]. Also, be aware that there can be penalties for false claims under the DMCA. Please note that MTA may terminate any user who it reasonably believes to be a repeat copyright infringer.

Summary:

If you see something on our Site that you believe is your copyrighted work, but which you have not authorized to be on our Site, this Section explains how you can contact us regarding such unauthorized use of your work. We will review your request, and, based on the result of our review process, may take down the work from our Site.

10. OUR PROPRIETARY RIGHTS

We and our respective licensors and suppliers own the Site and the information and materials made available through the Site, which are protected by copyright, trademark, patent, and/or other proprietary rights and laws.

Summary:

Our Site, as well as the information, content and other materials on our Site, is owned by us (and our licensors and suppliers).

11. DISCLAIMERS

THE SITE, THE MATERIALS AND THIRD PARTY MATERIALS ON THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. NEITHER MTA NOR ANY OF ITS AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS, SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, OR ANY OF THE MATERIALS OR THIRD PARTY MATERIALS, NOR DO THEY WARRANT THAT YOUR USE OF THE SITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SITE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR THIRD PARTY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THIRD PARTY MATERIAL. YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, MATERIALS, AND THIRD PARTY MATERIALS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.

Summary:
Our Site, and everything provided through our Site, including any Member Service, is provided to you “as is,” and we can’t guarantee that our services will always be accurate, available or error free.

12. LIMITATION OF LIABILITY

NEITHER MTA NOR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES), MATERIALS AND/OR THIRD PARTY MATERIALS CONTAINED ON THE SITE OR ANY LINKED SITE AND/OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, EVEN IF MTA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, THIRD PARTY MATERIALS, ANY LINKED SITE, PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES, IS TO STOP USING THE SITE, MATERIALS, THIRD PARTY MATERIALS, LINKED SITE, MEMBER SERVICE, PRODUCTS OR SERVICES, AS APPLICABLE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT PAID BY YOU TO MTA DURING THE 12-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

Summary:
In addition to the Section above, please note that if something bad happens to you while using our Site (including any information, content or other materials on our Site and services), our liability to you is limited to the amount you have paid to use our Site. If you don’t like something about our Site, please stop using the Site.

13. TERMINATION; CHANGES OR DISCONTINUATION OF SERVICES

We reserve the right to terminate or suspend your access to and use of the Site or any portion thereof, including services, at any time and for any reason, with or without cause MTA shall have no liability for any such suspension or termination, following which your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms of Use or otherwise. In addition, we reserve the right to change the availability of Member Services and modify or discontinue any Member Service with or without notice to you and we will not be liable to you or any third party for any such changes.

Summary:
We may suspend or terminate your access to use our Site (or a portion of our Site, including services) at any time and for any reason. If we choose to do so, you may not have further access to your user account or any materials associated with your account. If our Site allowed for you to download any materials, you will need to delete or destroy those materials, if we terminate your access to our Site. We reserve the right to make changes to services.

14. INDEMNIFICATION

You agree to indemnify, defend and hold MTA, our affiliates, licensors, member organizations, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including without limitation attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use, (b) your use of and activities in connection with the Site and/or (c) your account(s) (including presenting any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Member Services or content available within the Member Services). You shall 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 any matter otherwise subject to indemnification by you.

Summary:
This Section is important because it may require you to defend us in certain situations, including if a lawsuit arises as a result of your use of our Site or if you violate these terms. This may include an obligation to pay for the defense and any related costs.

15. ACCESS BY MINORS

Please see our Privacy Policy for more information on this subject. In addition, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that such website is not controlled, operated or endorsed by MTA and that MTA is not responsible for such site or any of the products or services listed on such site.

Summary:
Although this Section may not be relevant to you, federal law requires us to tell you that parental controls are available to limit access by minors to harmful material. The link above provides more information.

16. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Summary:
If you are a resident of California and have a concern about our Site, you can contact California Department of Consumer Affairs using the contact information in this Section.

17. APPLICABLE LAW AND JURISDICTIONAL ISSUES; ARBITRATION

The Site is controlled and operated by MTA and is not intended to subject MTA to the laws or jurisdiction of any state, country or territory other than California and the United States of America. The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we so choose. These Terms of Use are governed by and construed in accordance with the laws of the United States of America (including federal arbitration law) and the State of California, United States of America, without regard to its principles of conflicts of law or your location, and the parties hereby expressly exclude application of the United Nations Convention on the International Sale of Goods.

Except for disputes that qualify for small claims court, any dispute or claim arising out of or relating to these Terms of Use or any aspect of the relationship between you and MTA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that MTA and you are each waiving the right to trial by a jury. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms of Use and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms of Use, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Use will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

Summary:
Our Site is controlled and operated in California, and is only directed to people who live in the United States. If you access our Site from outside of the United States, it is your responsibility to comply with all local laws. Member Services are only available in the United States, and you may not purchase Member Services if you are located outside the United States. If there is a legal disagreement between us, arbitration will be used to resolve our disagreement, rather than a court room with a judge and jury. The arbitration will be subject to the laws of the United States and the State of California.

Summary:
Our Site is subject to U.S. export controls and you are responsible for complying with these controls.

18. Miscellaneous

If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, including any terms and conditions incorporated herein, constitute the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms of Use are not assignable, transferable or sublicenseable by you except with MTA’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Summary:
This Section provides for a number of miscellaneous legal terms. Among other things, it specifies that these terms, including any terms and conditions incorporated into these terms, are the only agreement between us regarding our Site and how these terms are interpreted.

19. QUESTIONS

The Site is provided by More Than A. If you have any questions, comments or complaints regarding these Terms of Use or the Site, feel free to contact us at: [email protected].

Summary:
Please contact us with any questions or comments!

21. TERMS THAT APPLY TO EU-BASED USERS

The amendments made to these Terms of Use by this Section 21 (Terms specific to EU-based users) apply to you if you are a consumer who is ordinarily resident in a Member State of the European Union or the UK (whether or not the UK remains an EU Member State) (“European Users”). They do not apply to any other person.

All references to “you”, “your” or “user(s)” in this Section 21 (Terms specific to EU-based users) are references to European Users.

a) GENERAL. The terms and conditions set out in these Terms of Use will only apply to a European User if and to the extent that those terms and conditions are fair and enforceable against consumers under the applicable laws of the jurisdiction in which such European User is ordinarily resident.

b) UNAMENDED SECTIONS. If any Sections of these Terms of Use are not amended by this Section 21 (Terms specific to EU-based users), they will continue apply to European Users in accordance with their terms just as they would apply to any other person who uses the Site and agrees to these Terms of Use.

c) DISAPPLIED SECTIONS. The following Sections of the Terms shall not apply to European Users:

i. Paragraph 5 of Section 1 (Introduction), which relates to notice of certain arbitration-specific provisions, which are not applicable to European Users; and

ii. Section 14 (Indemnification).

ii. Section 11 (Disclaimer) is replaced with the following:

You expressly understand and agree that (to the extent permitted by applicable law) your use of the Site is at your own risk. The Site is provided on an “as is” and “as available” basis, it is not bespoke to you and has not been developed to meet your individual requirements. For this reason, it is your responsibility to ensure that the generally available facilities and functions of the Site meet your requirements.

iii. Section 12 (Limitation of Liability) is replaced with the following:

Commercial loss excluded.

Subject only to the sub-section below titled Compliance with the Law, we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or any other business-related loss or damage, which arises as a result, or in the course, of your use of the Site for any commercial, business or resale purposes.

Only Foreseeable Loss Covered.

To the extent that we may be liable to you for loss you suffer as a result of your non-commercial use of the Site, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence up to the limit specified in sub-section below titled Cap on Liability, below.

IMPORTANT NOTE: We are not responsible or liable for any loss or damage which you may suffer:

that is not "foreseeable" – please see below for an explanation of what we mean by the word foreseeable here, as it has a particular ‘legal’ meaning in this context; or
that results from your breach of these Terms of Use or negligence.

Loss or damage you may suffer will be "foreseeable" if either:

it is obvious that it would result from our breach or negligence; or
at the time you enter into these Terms of Use, both we and you knew it might result from our breach or negligence.

Cap on Liability.

Subject only to the sub-section below titled Compliance with the Law, our maximum aggregate liability to you under or in connection with the Site and these Terms of Use whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to one hundred US Dollars (US $100) or the equivalent amount in your local currency.

Compliance with the Law.

Nothing in this Section or anywhere else in the Terms of Use shall limit or exclude our liability to you for:

our willful misconduct;
death or personal injury resulting from our negligence;
our fraud or fraudulent misrepresentation;
our breach of any terms implied by Section 46 (Remedy for Damage to Device or to other Digital Content) of the UK Consumer Rights Act 2015 or any equivalent provision of consumer-protection law implemented elsewhere in the European Union and applicable to you; or
any other liability that cannot be excluded or limited by applicable law.

iv. A new Section 13(A), reading as follows:

Changes to Terms of Use. We will only make changes to the Terms of Use that we do not consider will detrimentally affect the services or recipients thereof, or that we believe are required to accord with we consider to be good practice in relation to security, or legal or regulatory compliance, in relation to the services.

For example, we may make edits to these Terms of Use to reflect a change to the existing functions or features of the services or a new piece of law that applies to us and/or the services.

Our right to discontinue or change the services. We may discontinue or change the services, or any part of them, at any time:

for legal or regulatory reasons;
for security reasons; and
where applicable in respect of changes to the services:
to enhance features of the services;
to reflect our obligations to third parties;
to reflect advancements in technology;
to make reasonable technical adjustments to the services; and/or
to ensure the ongoing operability of the services.

We will inform you a reasonable period in advance if we wish to discontinue, or make any material changes to, theservices.

Prevail. A term in this Section 13(A) shall, in respect of European Users who have a Member Services subscription, prevail over any term in any other Section of these Terms of Use in the event of any conflict or inconsistency between the two terms – including, without limitation:

the final sentence of Paragraph 7 of Section 1 (Introduction);
the final two sentences of paragraph 2 of Section 2 (Materials on the Site and Related Rights and Restrictions);
the final sentence of Section 13 (Termination; Changes or Discontinuation of Services).

v. Section 17 (Applicable Law and Jurisdictional Issues; Arbitration) shall be replaced with the following:

Please note that these Terms of Users, and their subject matter and its formation, are governed by English law. We and you both agree that the courts of England will have nonexclusive jurisdiction in respect of any disputes arising out of in connection with these Terms of Use or their subject matter. However, if you are a resident of a country elsewhere in the European Union, nothing in this Section will prevent you from bringing proceedings against us in the jurisdiction in which you are ordinarily resident.

vi. The following sentence shall be deleted from Section 19 (Miscellaneous)

“These Terms of Use, including any terms and conditions incorporated herein, constitute the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.”