Privacy Notice

EFFECTIVE DATE: MARCH 9, 2018


McCann Relationship Marketing, LLC (“Agency”) respects your concerns about privacy. This Website Privacy Notice describes the types of information we collect about individuals on  https://www.mrm.com  (the “Site”), how we use the information, with whom we share it, and the choices available regarding our use of the information. The Website Privacy Notice also describes the measures we take to safeguard personal information, how long we retain it, and how individuals can contact us about our privacy practices and to exercise their rights.  

Click on one of the links below to jump to the listed section: 

Information We Obtain

Information You Provide
We collect and store personal information (such as name and other contact details) that you choose to provide to us through the Site or when you contact us. “Personal Information” is information that identifies you as an individual or relates to an identifiable individual. The types of personal information we collect includes: 

  • Contact information, such as your name, e-mail address, and telephone number; and
  • Other personal information you may submit to us, such as when you contact us. 

Information We Receive About You from Other Sources
We receive your Personal Information from other sources, such as publicly available databases and providers of demographic information.

Automated Collection of Information
When you use the Site, we obtain certain information by automated means, such as browser cookies, beacons, device identifiers, server logs, and other technologies.

The information we obtain in this manner may include your:

  • Device IP address,
  • Domain name,
  • Identifiers associated with your devices,
  • Device and operating system type and characteristics,
  • Web browser characteristics,
  • Language preferences,
  • Clickstream data,
  • Your interactions with the Site (such as the web pages you visit, links you click, and features you use),
  • The pages that led or referred you to the Site,
  • Dates and times of access to the Site, and
  • Other information about your use of the Site.

You can view more information on how we obtain certain information by automated means in our Cookie Notice.

Third-Party Web Analytics Services 
We use third-party online analytics services, such as Google Analytics. The service providers that administer these analytics services use cookies and similar technologies to collect and analyze information about use of the Site and report on activities and trends and diagnose technical issues. To learn more about Google’s practices, please visit www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.  

Interest-Based Advertising though Advertising Networks
You may see our ads on other websites or mobile apps because we participate in advertising networks such as Google Adwords. Ad networks allow us to target our messaging to users based on demographic data, users’ inferred interests, location, and browsing context. These networks track users’ online activities over time by collecting information through automated means, including through the use of browser cookies, web beacons, device identifiers, server logs, and other similar technologies on the Site and on third-party websites and apps. The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites and apps, and to build a profile of users’ online browsing and app usage activities. The information our ad networks collect through users’ use of the Site includes data about users’ visits to the Site and this is matched to information about users’ visits to other websites and apps that participate in the relevant ad networks, such as the pages or ads viewed and the actions taken on the websites or apps.

To learn how to opt out of ad network interest-based advertising in the U.S., please visit www.aboutads.info/choices and http://www.networkadvertising.org/choices/. In the European Union, please visit www.youronlinechoices.eu.

How We Use Personal Information
We use the Personal Information we obtain on the Site for legitimate business purposes, including to:

  • Provide our services to you; process, evaluate, and respond to your requests and inquiries; and send administrative information to you, such as changes to our terms, conditions, and policies. We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
  • Market our services to you. We will engage in this activity with your consent or where we have a legitimate interest.
  • Operate, evaluate, and improve our business (including developing new services; enhancing and improving our services; analyzing our services; managing our communications; performing data analytics and market research; and performing accounting, auditing, and other internal functions). We will engage in these activities to comply with a legal obligation and/or because we have a legitimate interest.
  • Protect against, identify, and prevent fraud, security breaches, and other criminal activity and risks. We will engage in these activities to comply with a legal obligation and/or because we have a legitimate interest.
  • Comply with and enforce applicable legal requirements, relevant industry standards, and our policies, including this Website Privacy Notice and/or Agency’s Terms and Conditions or Terms of Use. We will engage in these activities to comply with a legal obligation and/or because we have a legitimate interest.
  • Aggregate and/or anonymize Personal Information so that it will no longer be considered personal information. We do so to generate other data for our use, which we may use and disclose for any purpose.  

Personal Information Sharing
We share your Personal Information with:

  • The Interpublic Group of Companies, Inc. (“IPG”) agencies or companies, for the purposes described in this Website Privacy Notice. You can consult the list and location of such entities here.
  • Our service providers who perform services on our behalf, such as hosting this Site or data analytics. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

We also disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena), including laws outside your country of residence; (2) in response to requests by, or cooperate with, government agencies, such as law enforcement authorities, including outside of your country of residence; (3) to establish, exercise, or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to protect our rights, privacy, safety, or property and/or that of our affiliates, you, or others; (5) in connection with an investigation of suspected or actual illegal activity; (6) in connection with the sale or transfer of all or a portion of our business, assets, or stock (including in the event of a reorganization, dissolution, or liquidation); or (7) otherwise with your consent.

Cross-Border Transfer
Your personal information may be processed and stored in any country where we have facilities or in which we engage service providers, and, by using the Site, you understand your information may be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your personal information.

ADDITIONAL INFORMATION REGARDING THE EUROPEAN ECONOMIC AREA (“EEA”): Some non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as standard contractual clauses adopted by the European Commission to protect your personal information. You may obtain a copy of the EU’s Standard Contractual Clauses here.

Your Rights and Choices
We offer you certain choices in connection with the personal information we obtain about you. If you would like to request to review, correct, update, suppress, restrict, or delete personal information, to object to the processing of personal information, or to receive an electronic copy of your personal information for purposes of transmitting it to another company (to the extent these rights are provided to you by applicable law), please contact us as specified in the How to Contact Us section of this Website Privacy Notice. We will respond to your request consistent with applicable law.

To help protect your privacy and maintain security, we take steps to verify your identity before granting you access to your information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain.

You can unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our marketing emails. If you would like to unsubscribe from any other type of marketing you receive from us, please contact us as specified in the How to Contact Us section of this Website Privacy Notice.

Other Online Services and Third-Party Features
The Site may provide links to other online services and websites for your convenience and information, and may include third-party features such as apps, tools, widgets, and plug-ins (e.g., LinkedIn, Instagram, Facebook, and Twitter buttons). These services and websites may operate independently from us. The privacy practices of these third parties, including details on the information they collect about you, are subject to their own privacy statements. To the extent any linked online services or third-party features are not owned or controlled by us, Agency is not responsible for these third parties’ information or other practices.

Retention of Personal Information
We retain personal information for as long as needed or permitted in light of the purposes for which we obtained it and consistent with applicable law. The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Site or our services to you;
  • Whether there is a legal obligation to which we are subject; and
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitation, litigation, or regulatory investigations).

How We Protect Personal Information
We seek to use reasonable administrative, technical and physical safeguards designed to protect personal information within our organization. We hold our employees accountable for complying with policies, procedures, and regulations regarding the protection and confidentiality of personal information. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the How to Contact Us section of this Website Privacy Notice.    

Children’s Personal Information
The Site is designed for a general audience and is not directed to children under the age of 16. Agency does not knowingly collect or solicit personal information from children under the age of 16 through the Site. If you believe that a child under the age of 16 may have provided us with personal information through the Site, please contact us as specified in the How to Contact Us section of this Website Privacy Notice.

Updates to Our Website Privacy Notice
This Website Privacy Notice will be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the notice when it was most recently updated. Any changes will become effective when we post the revised Website Privacy Notice on the Site.

How to Contact Us
McCann Relationship Marketing, located at 622 Third Avenue, New York, NY 10017, is the company responsible for collection, use, and disclosure of your personal information under this Website Privacy Notice.

If you wish to exercise any of your privacy rights, or if you wish to contact us in relation to this Privacy Notice or any privacy matter, including our use of your personal information, please use the following contact details:

ATTN: Global Chief Technology Officer
MRM
622 Third Avenue
New York, NY 10017
privacy@mrm.com

Or for any query or issue, our Data Protection Officers for the UK and the EU can be contacted via post or email using the following details:

UK DPO or EU DPO
Interpublic Group Limited
66 Prescot Street
London E1 8 HG
For the UK: UK.DPO@interpublic.com
For the EU: GDPR.DPO@interpublic.com

You have the right to lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available here.

California Consumer Privacy Act Privacy Notice

EFFECTIVE DATE: JANUARY 1, 2020


The McCann Erickson USA, Inc. dba MRM//McCann, also known as “MRM”, and its affiliates provide this Privacy Notice which applies to California resident employees, employee applicants, owners, directors, officers, or contractors of MRM, including as applicable, those individuals’ emergency contacts and beneficiaries. This Privacy Notice sets forth our privacy practices as required by the CCPA. Please note, there may be additional or different privacy notices or disclosures that govern our use of your personal information beyond the CCPA. Where collection, use and disclosure of personal information is subject to the CCPA, this Privacy Notice shall prevail. For collection, use and disclosure of personal information beyond the CCPA, those separate and relevant privacy notices and disclosures shall prevail. Any terms defined in the CCPA have the same meaning when used in this notice.

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we provide the following details regarding the categories of Personal Information we have collected or disclosed within the preceding twelve (12) months:

(1) We collected the following categories of Personal Information:   

A. Identifiers, such as name and government-issued identifier (e.g., Social Security number);    

B. Personal information, as defined in the California safeguards law, including without limitation, name, signature, SSN, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;

C. Characteristics of protected classifications under California or federal law, including without limitation, age, gender, medical conditions, marital status, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), race, color, religion or creed, ancestry, national origin, disability, genetic information, AIDS/HIV status, sexual orientation, gender identity and expression, citizenship, primary language, immigration status, military/veteran status, political affiliation/activities, domestic violence victim status, and request for leave;

D. Commercial information, such as transaction information and purchase history;

E. Biometric information, such as face scans, fingerprints and voiceprints;

F. Internet or network activity information, such as browsing history and interactions with our websites;

G. Geolocation data, such as device location;

H. Audio, electronic, visual and similar information, such as call and video recordings;

I. Professional or employment-related information, such as work history and prior employer;

J. Education information subject to the federal Family Educational Rights and Privacy Act, such as student records and directory information; and

K. Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

We collected this Personal Information directly from California residents themselves, as well as from publicly available databases and third-party sources of information. We collected Personal Information about our employees’ and other individuals’ emergency contacts and beneficiaries from such employees or other individuals.

We may use this Personal Information to operate, manage, and maintain our business, for our employment purposes, and to otherwise accomplish our business purposes and objectives. Our business purposes and objectives include, for example, developing and improving our services and programs for our employees; conducting research, analytics, and data analysis; maintaining our facilities and infrastructure; undertaking quality and safety assurance measures; conducting risk and security controls and monitoring; detecting and preventing fraud; performing identity verification; performing accounting, audit, and other internal functions, such as internal investigations; complying with law, legal process, and internal policies; maintaining records; and exercising and defending legal claims.

(2) We disclosed the following Personal Information to third parties, such as our service providers and affiliates, for our operational business purposes:

A. Identifiers, such as name and government-issued identifier (e.g., Social Security number);

B. Personal information, as defined in the California safeguards law, including without limitation, name, signature, SSN, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information;

C. Characteristics of protected classifications under California or federal law, including without limitation, age, gender, medical conditions, marital status, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), race, color, religion or creed, ancestry, national origin, disability, genetic information, AIDS/HIV status, sexual orientation, gender identity and expression, citizenship, primary language, immigration status, military/veteran status, political affiliation/activities, domestic violence victim status, and request for leave;

D. Commercial information, such as transaction information and purchase history;

E. Biometric information, such as fingerprints and voiceprints;

F. Internet or network activity information, such as browsing history and interactions with our websites;

G. Geolocation data, such as device location;

H. Audio, electronic, visual and similar information, such as call and video recordings;

I. Professional or employment-related information, such as work history and prior employer;

J. Education information subject to the federal Family Educational Rights and Privacy Act, such as student records and directory information; and

K. Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

(3) We have not “sold” Personal Information for purposes of the CCPA.

For purposes of this CCPA Notice, “sold” or “sale” means the disclosure of Personal Information for monetary or other valuable consideration but does not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business.

If you have questions regarding this Privacy Notice, please contact your local Human Resources department or CCPA Privacy Champion.

MRM Cookie Notice

EFFECTIVE DATE: MARCH 9, 2018


This Cookie Notice describes the different types of cookies and similar technologies used on the MRM website from which you are accessing this policy (the “Site”). This policy provides you with information about how we use cookies and how you can control them.

We can change this policy at any time. The “Effective Date” legend at the top of this page indicates when this policy was last revised. Any changes will become effective when we make the revised policy available on the Site.

1. What are cookies and similar technologies?

Cookies are a standard feature of websites that allow us to store small amounts of data on your computer about your visit to the Site. We use cookies to perform many different functions. For example, cookies: 

  • Help us learn which areas of the Site are useful and which areas need improvement;
  • Allow us to remember you and your preferences when you return to the Site and otherwise improve your experience;
  • Help us to serve online advertising to you that is relevant to your interests; and
  • Measure the effectiveness of our online advertising and marketing communications.

We also use technologies similar to cookies, such as Flash Local Shared Objects (also known as Flash cookies) and pixel tags (also known as web beacons and clear GIFs), for similar purposes.

2. What types of cookies do we use?

Below we list the different types of cookies and similar technologies used on the Site. To the extent any personal information is collected through cookies, our Privacy Notice applies and complements this Cookie Notice.

Strictly Necessary Cookies. These cookies are required for the Site to function. They are used to ensure the safety, security, and integrity of the Site, as well as to enable users to move around the Site and use its features. Without these cookies, the Site will not perform as smoothly for you as we would like it to, and we may not be able to provide the Site or certain features of it. These cookies are often session-specific, which means they expire after your visit to the Site has ended. These cookies cannot be disabled.

Functionality Cookies. These cookies allow the Site to recognize you when you return, as well as to remember choices you made (such as your name, language, or region), so it can provide more personal features. These cookies will typically remain on your device until you choose to clear them. They cannot be disabled.

Analytics Cookies. These cookies collect information about your use of the Site and enable us to improve the way it works. For example, analytics cookies show us which are the most frequently visited pages on the Site, help us record any difficulties you have with the Site, and show us whether our advertising is effective. This allows us to see overall patterns of Site use, rather than the use of a single person. We use the information to analyze Site traffic, but we do not examine this information for individually identifying information. These cookies may be set by us or by third parties, and they typically stay on your computer until you delete them (see below).

Advertising Cookies. These cookies are set by us and by third parties and collect information about your activities on the Site and other websites to provide you with advertising (both on the Site and on other websites and online services) that is targeted based on your inferred interests. They can also be used to limit the number of times you see a particular ad. These cookies typically stay on your computer until you delete them (see below).

Social Media Cookies. These cookies are set by social media services and track you across the Site and other websites, in order to build a profile of your interests. This affects the content and messages you see on other websites.

3. What cookies do we use?

The Site uses the following cookies and similar technologies, which are grouped by type to help you understand why each is used:

  • Strictly Necessary Cookies
  • Performance Cookies

4. How can you manage your cookie preferences?

You can manage your cookie preferences at any time via our Cookie Preference Center.

Additionally, you can stop certain types of cookies from being downloaded on your computer by selecting the appropriate settings on your web browser. Most web browsers will tell you how to stop accepting new browser cookies, how to be notified when you receive a new browser cookie, and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting http://www.allaboutcookies.org. If you choose to delete or disable cookies and similar technologies, your experience on the Site may be diminished, and some features may not work as intended.

We use Flash Local Shared Objects (“Flash LSOs”) and other technologies to, among other things, collect and store information about your use of the Site. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also go to the Global Storage Settings Panel and follow the instructions. Please note that setting the Flash player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.

If you have any questions, please contact us here.

Terms of Use

LAST UPDATE: MARCH 9, 2018


Introduction

McCann Relationship Marketing, LLC (“MRM”) provides to you this website (“Web Site”) for your personal informational, educational and entertainment use. The following Terms of Use govern your access and use of this Web Site. Please read these Terms of Use carefully before using this Web Site. Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Web Site and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions conducted through this Website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

When used in these Terms of Use, “we” and “our” means MRM, and “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this Web Site.

1. Acceptance of Terms of Use

By accessing, browsing or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site.

2. Modification of Terms

These Terms of Use may be amended by MRM, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Web Site, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other MRM web sites may have their own terms of use which apply to such websites.

MRM reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice.

3. Privacy Notice

Personal information provided through this Web Site shall be used in accordance with MRM’s Privacy Notice and these Terms of Use are subject to the Privacy Notice as posted on this Web Site.

4. Copyright and Trademarks

You acknowledge that all content on this Web Site, including the Web Site’s design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Web Site, and the selection and arrangement thereof (collectively, “Content”), are the property of MRM or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Web Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of MRM or the respective intellectual property rights owner. MRM authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Web Site (including, without limitation, MRM) are the sole property of MRM and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of MRM and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of MRM and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of MRM. MRM will enforce its intellectual property rights to the fullest extent of the law.

5. Links to Third Party Websites

Links on the Web Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Web Site. MRM does not control or endorse any such third party websites. You agree that MRM and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Web Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. MRM expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. MRM recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

6. Disclaimer of Warranties

MRM strives to provide accurate and up-to-date material on this Web Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Web Site.

YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT CONTAINED ON THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MRM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MRM MAKES NO WARRANTY THAT (I) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (II) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (IV) THE WEB SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEB SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. Disclaimer of Damages and Limitation of Liability

NEITHER MRM OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEB SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST MRM AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

8. Indemnification and Release

You agree to indemnify, defend and hold harmless MRM and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Web Site, any activity related to use of the Web Site by you, any message or material that you submit to, post on or transmit through the Web Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Web Site.

If you have a dispute with one or more users, you release MRM and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

9. No Unlawful or Prohibited Activity

As a condition of your use of this Web Site, you agree not to use the Web Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Web Site. You agree not to post on or transmit through this Web Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Web Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

MRM reserves the right, in its sole discretion, to suspend or terminate your access to this Web Site and prohibit any and all current and future use of this Web Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Web Site.

10. Shut-down of Web Site

MRM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice or consent. MRM and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Web Site.

11. Governing Law and Dispute Resolution

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of New York, without giving effect to conflicts of law principles thereof. MRM makes no representations that the material and information on this Web Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Web Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in New York. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Web Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

12. Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

13. No Waiver

The failure of MRM and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit MRM’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.