terms of service

Effective as of July 2010

Welcome to the www.rmcounseling.orgTM Web site provided by Reverse Mortgage Counseling Association.

 

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You" or the "Authorized User") AND THE REVERSE MORTGAGE COUNSELING ASSOCIATION ("We" or "RMCA").  BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF THE RMCA WEBSITE,  YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this "TOS") AS THEY GOVERN YOUR ACCESS TO AND USE OF THE RMCA WEB SITE AND ANY PROGRAMS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE RMCA WEBSITE OR USED IN CONNECTION THEREWITH (collectively, the or this "RMCA WEBSITE").  RMCA IS WILLING TO LICENSE THE USE OF THIS RMCA WEBSITE AND PROVIDE THE RELATED INFORMATION AND SERVICES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS.  IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE RMCA WEBSITE AND ARE INSTRUCTED TO EXIT THE RMCA WEBSITE IMMEDIATELY.

 

terms and conditions

1.              LICENSE GRANT.  The RMCA WebSite is provided by RMCA, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the RMCA WebSite and any data made available through or from the RMCA WebSite conditioned on your continued compliance with the terms and conditions of this TOS.  This TOS permits you to use and access for personal or business purposes only the RMCA WebSite (i) on a single laptop, workstation, or computer and (ii) from the Internet or through an on-line network.  You may also load information from the RMCA WebSite into your laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials and information from the RMCA WebSite solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.  Any use of data made available through or from the RMCA WebSite, however, shall be limited to providing reverse mortgage counseling in accordance with applicable laws.  If you are using the RMCA WebSite on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with RMCA regarding access and usage privileges for the RMCA WebSite, including, without limitation, a member services agreement with RMCA.  Nevertheless, your use of the RMCA WebSite will be subject to the terms and conditions of this TOS. 

2.              RESTRICTIONS.  The foregoing license is limited.  You may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by RMCA in any manner not expressly permitted by this TOS, including, without limitation, for further re-sale, to solicit for products or services unrelated to reverse mortgage counseling, or in unsolicited e-mail, phone, or facsimile communications for products and services unrelated to reverse mortgage counseling, or (ii) use any data provided by RMCA in any manner that results in RMCA becoming or being considered a "consumer reporting agency."  In addition, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the RMCA WebSite.  Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the RMCA WebSite or in any way reproduce or circumvent the navigational structure or presentation of the RMCA WebSite to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the RMCA WebSite, (ii) attempt to gain unauthorized access to any portion or feature of the RMCA WebSite, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the RMCA WebSite or to any RMCA server or to any of the services offered on or through the RMCA WebSite, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the RMCA WebSite or any network connected to the RMCA WebSite, nor breach the security or authentication measures on the RMCA WebSite or any network connected to the RMCA WebSite, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the RMCA WebSite, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the RMCA WebSite or RMCA's systems or networks or any systems or networks connected to the RMCA WebSite, (vi) use any device, software, or routine to interfere with the proper working of the RMCA WebSite or any transaction conducted on the RMCA WebSite, or with any other person's use of the RMCA WebSite, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to RMCA on or through the RMCA WebSite, (viii) use the RMCA WebSite to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, or otherwise permit third parties to access and use the RMCA WebSite (or any part thereof) without RMCA express, separate, and prior written permission, or (x) use the RMCA WebSite in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact RMCA.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION, OR MATERIALS PROVIDED BY RMCA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 

3.              USER OBLIGATIONS.  By downloading, accessing, or using the RMCA WebSite in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the RMCA WebSite, including, without limitation, when you provide information via a RMCA WebSite registration or submission form.  If you provide any false, inaccurate, untrue, or incomplete information, RMCA reserves the right to terminate immediately your access to and use of the RMCA WebSite.  In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the RMCA WebSite.  In particular, and with respect to any data made available through or from the RMCA WebSite, you agree to comply with all laws, regulations, and industry standards that relate to the licensing and/or operation of mortgage lenders or servicers, privacy, information security, the Real Estate Settlement Procedures Act, the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act of 2003, and other consumer protection laws governing the delivery and receipt of phone, facsimile, and e-mail communications (whether solicited or unsolicited).  Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive or which is made available from RMCA in connection with this TOS.  In accordance with Housing of Urban Development (HUD), privacy, and information security laws, regulations, and guidelines, you further agree that you shall maintain or implement appropriate measures designed to (a) ensure compliance with RMCA's personally identifiable information collection and use practices as summarized at the Privacy Policy found at http://www.rmcounseling.org/privacyPolicy.html, (b) ensure the integrity of any personally identifiable data received from RMCA, (c) avoid the use of any data received or made available by RMCA in intrusive, harassing, libelous, abusive, harmful, obscene, or other forms of unlawful communication, (d) ensure the security and confidentiality of any personally identifiable information you receive from RMCA and protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to the subject of such information, (e) ensure that any personally identifiable information received or made available by RMCA is handled by individuals that have received commercially reasonable background checks and otherwise do not have criminal histories or other evidence suggesting a history or pattern of unlawful behavior, and (g) ensure the proper disposal of all personally identifiable information received from RMCA upon the termination of this TOS for any reason.  This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations.  You shall not export the RMCA WebSite (or access thereto) without complying with such laws, orders, restrictions, or regulations.  In addition, you also acknowledge and agree that use of the Internet and access to the RMCA WebSite is solely at your own risk.  While RMCA has endeavored to create a secure and reliable RMCA WebSite, you should understand that the confidentiality of any communication or material transmitted to/from the RMCA WebSite over the Internet or other form of global communication network cannot be guaranteed.  Accordingly, RMCA is not responsible for the security of any information transmitted to or from the RMCA WebSite.  You must make your own determination as to such issues.  Moreover, you also agree to assume all responsibility concerning your use of the RMCA WebSite, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third party software and hardware necessary for implementation of the RMCA Port, and maintaining and backing up any data.  Any support, training, updates, upgrades, or maintenance of or for the RMCA WebSite shall only be available through the sole discretion of RMCA or pursuant to the terms and conditions of a separate written agreement with RMCA.

4.              DELIVERY OF INFORMATION.  When using and/or to facilitate the operation of certain features of the RMCA WebSite, you may provide RMCA with additional content or information.  In connection with delivering and providing to RMCA any such content or information, you hereby and automatically grant to RMCA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the RMCA WebSite and RMCA's service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information.  With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide RMCA with reasonable proof thereof (if requested)) required for RMCA to use such content or information in connection with RMCA's services and the RMCA WebSite.  Notwithstanding the foregoing, you acknowledge and agree that RMCA shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to provide any necessary content or information for your use of the RMCA WebSite in a timely or accurate manner.  Moreover, RMCA assumes no responsibility for the deletion of or failure to store any content or information. 

5.              OTHER TERMS AND CONDITIONS.  Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the RMCA WebSite, and/or to other specific portions or features of the RMCA WebSite, all of which are made a part of this TOS by this reference.  In particular, this TOS, in and of itself, shall not entitle you to any of the RMCA membership benefits until you execute and RMCA accepts RMCA's members services agreement with RMCA.  You agree to abide by such other notices, terms, and conditions.  If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the RMCA WebSite, the latter terms shall control with respect to your use of that portion of the RMCA WebSite.  RMCA'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 on this TOS should be construed to alter such terms, conditions, notices, and agreements.

6.              DIRECTORY.  RMCA may make available through the RMCA WebSite an on-line directory of RMCA member information (the "RMCA Directory").  In addition to any other terms and conditions set forth in this TOS, you acknowledge and agree that the RMCA Directory shall be used only for personal purposes and that any information of the RMCA Directory shall not be further published, displayed, or made accessible.  Accordingly, unless RMCA has provided its prior written consent, you acknowledge and agree that the contents of the RMCA Directory may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this TOS.  You also acknowledge that a person or entity's listing in the RMCA Directory represents only that such person or entity is registered with and an active member of RMCA.  RMCA makes no further representations or warranties regarding any such person or entity (or the related information) listed in the RMCA Directory, and any information made available through the RMCA Directory is provided on an "AS-IS" and "AS-AVAILABLE" basis without warranty of any kind. 

7.              USER NAME HANDLING POLICY.  Registration as an Authorized User for access to certain areas of the RMCA WebSite may require both a user name and a password.  Only one Authorized User can use one user name and password and, thus, one account.  By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the RMCA WebSite and to your account.  Accordingly, by using the RMCA WebSite, you agree to consider your user name and password as confidential information and to keep your user name and password confidential.  You also agree not to use another Authorized User's user name and password.  You will immediately notify RMCA if you become aware of any loss or theft of your password or any unauthorized use of your user name and password.  RMCA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.  RMCA reserves the right to delete or change a user name or password at any time and for any reason. 

8.              PRIVACY POLICY.  You understand, acknowledge, and agree that the operation of certain areas of the RMCA WebSite requires the submission, use, and dissemination of various personal identifying information.  Accordingly, if you wish to access and use those areas of the RMCA WebSite, you acknowledge and agree that your use of the RMCA WebSite will constitute acceptance of RMCA's personal identifying information collection and use practices.  Please see RMCA's Privacy Policy for a summary of RMCA's personal identifying information collection and use practices. 

9.              PROPRIETARY RIGHTS.  This TOS provides only a limited license to access and use the RMCA WebSite.  Accordingly, you expressly acknowledge and agree that RMCA transfers no ownership or intellectual property interest or title in and to the RMCA WebSite to you or anyone else.  All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the RMCA WebSite, unless otherwise indicated, are owned, controlled, and licensed by RMCA and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations.  Except as expressly provided herein, RMCA does not grant any express or implied right to you or any other person under any intellectual or proprietary rights.  Accordingly, your unauthorized use of the RMCA WebSite may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes.  Please be aware that RMCA does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of RMCA's trademarks.  This RMCA WebSite is Copyright © 2010 The Reverse Mortgage Counseling Association and/or its licensors.  All rights reserved.  RMCA also owns a copyright in the contents of the RMCA WebSite as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the RMCA WebSite.  Any downloadable or printable programs, directories, databases, information, or materials available through the RMCA WebSite and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by RMCA.  REVERSE MORTGAGE COUNSELING ASSOCIATION, RMCA, the RMCA logo, and all other names, logos, and icons identifying RMCA and its programs, products, and services are proprietary trademarks of RMCA, and any use of such marks, including, without limitation, as domain names, without the express written permission of RMCA is strictly prohibited.  Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.

10.           FEEDBACK AND SUBMISSIONS.  RMCA welcomes your feedback and suggestions about RMCA's products or services or with respect to how to improve the RMCA WebSite.  By transmitting any suggestions, information, material, or other content (collectively, "feedback") to RMCA, 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 to RMCA and enable RMCA to use such feedback.  In addition, any feedback received through the RMCA WebSite will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for RMCA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and 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 such content, and you hereby waive any claim to the contrary. 

11.           LINKS TO OTHER SITES.  RMCA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services.  These sites have not necessarily been reviewed by RMCA and are maintained by third parties over which RMCA exercises no control.  Accordingly, RMCA expressly disclaims 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 Web sites.  Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.

12.           DISCLAIMER.  WHILE RMCA ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE RMCA WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.  IN PARTICULAR< RMCA IS NOT RESPONSIBLE FOR ANY DATA PROVIDED BY INDIVIDUAL MORTGAGE OR LOAN HOLDERS THAT IS AVAILABLE THROUGH OR FROM THE RMCA WEBSITE.  MOREOVER, RMCA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE RMCA WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE RMCA WEBSITE AT ANY TIME AND FOR ANY REASON.  YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE RMCA WEBSITE.  RMCA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE RMCA WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE.  RMCA ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE RMCA WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

13.           LIMITATION OF LIABILITY.  You expressly absolve and release RMCA from any claim of harm resulting from a cause beyond RMCA'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 natural disasters, strikes, or other labor problems, wars, or governmental restrictions.  MOREOVER, IN NO EVENT SHALL RMCA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE RMCA WEBSITE, WITH THE DELAY OR INABILITY TO USE THE RMCA WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE RMCA WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RMCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.  NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF RMCA FOR ANY REASON WHATSOEVER RELATED TO USE OF THE RMCA WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO RMCA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.

14.           INDEMNITY.  You agree to defend, indemnify, and hold harmless RMCA and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys fees and litigation expenses) relating to or arising from any breach by you of this TOS. 

15.           NOTICE OF SECURITY BREACH.  In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by RMCA, you shall immediately (i) notify RMCA of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform RMCA of the results of such investigation, (c) assist RMCA using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist RMCA as reasonably necessary to enforce RMCA's rights and to enable RMCA to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects. 

16.           GOVERNING LAW.  This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the District of Columbia, U.S.A. as applied to agreements entered into and completely performed in the District of Columbia.  You and RMCA each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the District of Columbia for any disputes between us under or arising out of this TOS.  You also 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 TOS and acknowledge that either party may seek attorney's fees in any proceeding.  Any claim you might have against RMCA 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 TOS and that each party has the right to seek attorneys' 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 TOS and is hereby disclaimed.  RMCA makes no representation that the RMCA WebSite is appropriate or available for use in other locations, and access to the RMCA WebSite from territories or nations where any aspect of the RMCA WebSite is illegal is prohibited.  You access the RMCA WebSite on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the RMCA WebSite.  A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Please contact RMCA if you wish to receive a printed copy of this TOS.

17.           ENFORCING SECURITY ON THE SITE.  Actual or attempted unauthorized use of the RMCA WebSite may 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.  RMCA reserves the right to view, monitor, and record activity on the RMCA WebSite without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the RMCA WebSite.  Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the RMCA WebSite as well as to disclosures required by or under applicable law or related government agency actions.  RMCA will also comply with all court orders involving requests for such information.  In addition to the foregoing, RMCA reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the RMCA WebSite, or any portion of the RMCA WebSite, in order to protect the RMCA WebSite, RMCA, or RMCA's business. 

18.           TERM AND TERMINATION.  This TOS and your right to use the RMCA WebSite will take effect at the moment you click "I ACCEPT" or you install, access, or use the RMCA WebSite and is effective until terminated as set forth below.  This TOS will terminate automatically if you click "I REJECT".  In addition, RMCA reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the RMCA WebSite or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below.  Termination will be effective without notice.  You may also terminate this TOS at any time by ceasing to use the RMCA WebSite, but all applicable provisions of this TOS will survive termination, as identified below.  Upon termination, you must destroy all copies of any aspect of the RMCA WebSite in your possession.  The provisions concerning RMCA's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, admissibility of this TOS, waiver and severability, integration, and governing law will survive the termination of this TOS for any reason.

19.           MISCELLANEOUS.  You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to RMCA, such injury would not be quantifiable in monetary damages, and RMCA would not have an adequate remedy at law.  You therefore agree that RMCA 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 TOS.  Accordingly, you hereby waive any requirement that RMCA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to RMCA to enforce any provision of this TOS.  The parties agree that this TOS is for the benefit of the parties hereto as well as RMCA's licensors.  Accordingly, this TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without RMCA's prior written consent.  Failure by RMCA to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by RMCA of that or any subsequent default or failure of performance.  A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.  No joint venture, partnership, employment, or agency relationship exists between you and RMCA as result of this TOS or your utilization of the RMCA WebSite.  Headings herein are for convenience only.  This TOS, along with the RMCA's Privacy Policy, represents the entire agreement between you and RMCA with respect to use of the RMCA WebSite, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and RMCA with respect to the RMCA WebSite.  Unless otherwise agreed to by RMCA, please note that RMCA reserves the right to change the terms and conditions of this TOS and the manner under which the RMCA WebSite (and its functionality) is extended to you by providing you notice or a copy of such revised terms.  RMCA may also change or modify any aspect of the RMCA WebSite.  Your continued use of the RMCA WebSite will be conclusively deemed acceptance of any change to this TOS or the RMCA WebSite.  If you have questions regarding the RMCA WebSite or if you are interested in obtaining more information concerning RMCA and its products or services, please contact RMCA at info@rmcounseling.org.