Subscriber Agreement and Terms of Use

This Subscriber Agreement and Terms of Use govern your use of mkpeReport (the “Service”), an electronic service provided by MKPE Consulting LLC (the “Provider”).

This Agreement is a lengthy way of informing you that access to subscriber-only Content does not grant you the right to freely redistribute it outside of your organization without permission from us.  It also discloses our rules for payment and refunds.

BY PLACING A CHECK MARK IN THE “I AGREE TO THE TERMS AND CONDITIONS OF USE” CHECKBOX, OR BY OTHERWISE USING PROVIDER’S SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

If you agree, place a check mark in the “I agree to the Terms and Conditions of Use” checkbox on the first page of the new account registration process. If you place a check mark in the “I agree to the Terms and Conditions of Use” checkbox without actually reading this agreement, you will nevertheless be legally bound.

If you do not agree to be bound by the terms of this Agreement, do not place a check mark in the “I agree to the Terms and Conditions of Use” checkbox. If you do not place a check mark in the “I agree to the Terms and Conditions of Use” checkbox you will not be able to proceed with the Service’s registration process, you will not become a subscriber of the Service, and will not be granted access to restricted content of the Service.

For avoidance of doubt, if you have obtained access to the Service, either in the electronic form of this website or in other form, and did not place a check mark in the “I Agree to the Terms and Conditions of Use,” you will be legally bound to the Terms and Conditions herein, even if you have not actually read this agreement.

ACCESS AND PAYMENT

ACCESS TO SERVICE CONTENT

Access to subscriber-only Content is provided to users of the Service who register as Subscribers and who have an active Subscription. Subscriber agrees to pay the subscription fees for the Service at the rates in effect when the charges were incurred. If Subscriber’s subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. If Subscriber’s access to the Service is provided by, or through a Third Party, or if you are provided access to the Service in connection with services from MKPE Consulting LLC, some or all of the terms in this agreement that apply to fees or automatic recurring fees may not apply to you.

In consideration of Subscriber’s completed automated recurring payment to Provider according to the terms of the subscription plan elected by Subscriber, or a subscription plan subsequently elected by Subscriber from their existing Service account (”Subscription Plan”), Subscriber will be permitted access to that Content of the Service which is otherwise restricted.

AUTOMATIC CREDIT/DEBIT CARD / PAYPAL PAYMENT METHOD AGREEMENT

By accepting this Agreement, Subscriber authorizes an automatic recurring payment to Provider from the Subscriber’s credit, debit, bank card or PayPal account (the “Automatic Recurring Payment Method”).

AUTOMATIC RECURRING PAYMENT FAILURE

If a payment demand on Subscriber’s Automatic Recurring Payment Method is declined, Subscriber’s Subscription will be suspended and access to Service’s subscriber-only Content will be denied. In the event of such a decline, Subscriber gives Provider the authority to make corrections to any information and resubmit the demand. Provider may permanently restrict Subscriber’s ability to use a certain payment method if that payment method fails multiple times.

In the event that payment is not received and Subscriber does not pay the amount due in full, Subscriber’s subscription will be terminated and access to Service’s subscriber-only content will be denied.

CANCELLATION OF AUTOMATIC RECURRING PAYMENT METHOD

Subscriber understands that any Automatic Recurring Payment Method authorization shall remain in effect until withdrawn by Subscriber or cancelled by Provider. Refunds are not given for the balance of the current subscription period when subscriptions are cancelled. The Subscription Plan will remain in effect until Subscriber gives notice of cancellation to Provider and Provider has successfully relayed such notice to their payment provider. Please allow Provider up to 10 calendar days for processing cancellation notices.

This authorization will stay in effect until your Subscription Plan is paid in full.

Subscribers may perform the following steps to cancel their Subscription:

1. Visit https://mkprereport.com
2. Log-in using Subscriber’s Username and Password
3. Click on “Subscription” from the Login sidebar menu
4. Click on the “Cancel Subscription” button in the “Your Subscription” box
5. Confirm that the cancellation request was successfully accepted and executed by Provider by reading the resulting message displayed at the top of the “Your Subscription” box.

Once these steps are completed, Subscriber will be sent written confirmation via e-mail within 24 hours to their email address specified in Subscriber’s Service account. If such confirmation email is not received within this timeframe, please send an e-mail to customer.service@mkpe.com indicating this situation and requesting assistance. The cancellation process must be completed within 10 business days of Subscriber’s scheduled Subscription billing date to ensure Subscriber is not charged for the next billing period.
Subscribers may determine the date of their next scheduled billing of their Automatic Recurring Payment Method by performing the following steps:

1. Visit https://mkpereport.com
2. Log-in using Subscriber’s Username and Password
3. Click on “Subscription”from the Login sidebar menu
4. Observe the form field titled “Next billing” which specifies the date of the next scheduled billing attempt by Provider.

Subscriber will have access to Service’s subscription-only content for the remainder of the currently paid billing period. In the event that the cancellation request is not completed (and notification has not been received at customer.service@mkpe.com) before Subscriber’s next recurring payment is processed, Subscriber’s account will be charged for the following billing period. If Subscriber fails to contact customer.service@mkpe.com regarding any problems Subscriber may experience, Provider cannot be held responsible for charges incurred.

CHANGING AUTOMATIC RECURRING PAYMENT METHOD

Subscriber can not change the parameters of their Automatic Recurring Payment Method as specified in the Subscription Plan they elected. However Subscriber can change from one Subscription Plan to another by canceling their existing Subscription Plan and subscribing to a different Subscription Plan. Payments due under any new Subscription Plan will begin after the expiration of the current paid access period of the Subscriber, if any.

Subscriber may change details of their Automatic Recurring Payment Method, for example, changing the billing address for a credit card, by performing the following steps:

1. Visit https://report.mkpe.com
2. Log-in using Subscriber’s Username and Password
3. Click on “Subscription” from the Login Widget menu
4. Change details of the Automatic Recurring Payment Method as necessary
5. Click the “Update” button
6. Correct any form errors which are indicated by the Form
7. Continue with steps 5 and 6 until the Form indicates that the changes have been accepted

CHANGES TO THIS PLAN

Subscriber understands that these terms and conditions may be amended or modified by Provider at any time with or without notice; however, Provider will endeavor to provide reasonable notice of any amendments or modifications.

ACCESS TO AGREEMENT

To access this Agreement in the future through the Service, go to “https://report.mkpe.com/subscriber-agreement”.

ELECTRONIC AUTHORIZATION

This Agreement is not transferable and must be submitted electronically by the person who purchased the Service subscription, to activate their subscription.

OTHER TERMS AND CONDITIONS OF SERVICE

LIMITATIONS ON USE

a). Only one individual may access Service at the same time using the same username or password, unless Provider agrees otherwise.

b). The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property of the Service are the Provider’s property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have the Provider’s written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Service Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:

i). Subscriber must seek written permission from the Provider to redistribute a copy of an article, or a portion of an article, from the Service, to others outside of their organization.  All copies must include copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase “Used with permission from MKPE Consulting LLC.”

c). Subscriber agrees not to rearrange or modify the Content. Subscriber agrees not to create abstracts from, scrape or display Provider’s Content for use on another web site or service. Subscriber agrees not to post any content from the Service to weblogs, newsgroups, mail lists or electronic bulletin boards, without Provider’s written consent.

d). Subscriber agrees not to use the Service for any unlawful purpose. Provider reserves the right to terminate or restrict Subscriber’s access to the Service if, in the opinion of the Provider, Subscriber’s use of the Service may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, Provider may refuse to grant Subscriber a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar, unsuitable or otherwise offensive at Provider’s sole discretion.

THIRD PARTY WEBSITES, SERVICES, and SOFTWARE

Provider may link to, or promote, websites or services from other companies or offer Subscriber the ability to download software from other companies. Subscriber agrees that Provider is not responsible for, and does not control, those websites, services and software.

MODIFICATION

Provider may discontinue or change the Service, or its availability to Subscriber, at any time within Provider’s sole discretion. Provider may also modify any of the terms and conditions contained in this Agreement, at any time and at Provider’s sole discretion, by either posting a change notice or a new agreement on the Service or by giving Subscriber notice by e-mail. Modifications may include, for example, changes in the scope of available service.

IF ANY MODIFICATION IS UNACCEPTABLE TO SUBSCRIBER, SUBSCRIBER’S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Subscriber’s continued Subscription to the Service following Provider’s posting of a change notice or new agreement on the Service or by giving Subscriber other notice will constitute binding acceptance of the change.

DISCLAIMERS OF WARRANTIES

PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO ANY USE OF THE SERVICE OR THE CONTENT AND FURTHER THAT THE SERVICE OR CONTENT WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE, OR THAT THE SERVICE WILL OPERATE ERROR FREE OR THAT THE CONTENT WILL BE FREE OF ANY ERRORS, OMISSIONS, OR MISTAKES. IN ADDITION, SUBSCRIBER AGREES THAT PROVIDER PROVIDES ACCESS TO THE SERVICE “AS IS” AND ON AN “AS AVAILABLE” BASIS AND MAKES NO WARRANTY WITH REGARD TO THE SERVICES OR THE SUITABILITY OF THE SERVICES FOR SUBSCRIBER’S NEEDS. PROVIDER SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE SERVICES AND CONTENT OF THE SERVICE DO NOT PROVIDE INVESTMENT, FINANCIAL OR TAX ADVICE, AND SHOULD NOT BE USED TO MAKE ANY INVESTMENT DECISIONS. PROVIDER DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, NOR DOES PROVIDER ENDORSE OR SPONSOR THE PRODUCTS, GOODS OR SERVICES OF ANY USER OF THE SERVICE. SUBSCRIBER SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX, FINANCIAL AND INVESTMENT ADVICE. PROVIDER MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO SUBSCRIBER AND SUBSCRIBER MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO AGENT OR EMPLOYEE OF PROVIDER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL PROVIDER, IT’S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE TO SUBSCRIBER OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE SERVICE OR ITS CONTENT, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF PROVIDER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF PROVIDER FOR DIRECT DAMAGES SHALL NOT EXCEED THE SUBSCRIPTOIN FEES SUBSCRIBER PAID FOR ACCESS TO THE SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN PROVIDER’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

PRIVACY

Provider employs cookie technology. A cookie is a small file that is sent to your computer by our website’s server, and handled automatically by your browser. A cookie can be a record of your visit to a site, including information such as your User Name, registration information, time of last visit, pages viewed, etc. A cookie created by one site’s servers can be retrieved only by that site’s servers. Thus, information in the mkpeReport cookies is not accessible to other sites. Provider uses cookies to recognize your computer and allow you to quickly login to the Service. Provider does not share cookie information, or other personal information gathered during time of registration, with others. Provider may use such personal information, however, to conduct its business, such as contacting Subscriber with new information about the Service.

MISCELLANEOUS PROVISIONS

This Agreement is the exclusive and entire agreement between Subscriber and Provider concerning Subscriber’s use of the Service and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between Subscriber and Provider regarding Subscriber’s use of the Service. Subscriber agrees that this Agreement, as well as any and all claims arising from this Agreement will be construed, interpreted and governed by the laws of the State of California, USA, without regard to its conflict of law provisions. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. Disputes arising out of or relating to this License Agreement shall be the federal and state courts sitting in Los Angeles County in the State of California, USA.

If any part of this Agreement is found to be void, unenforceable or invalid, it shall not affect the other provisions of this Agreement. Provider’s failure to enforce Subscriber’s strict performance of any provision of this Agreement will not constitute a waiver of Provider’s right to subsequently enforce such provision or any other provision of this Agreement nor will it be deemed a waiver of future enforcement of that or any other provision. This Agreement is personal to Subscriber, which means that Subscriber may not assign their rights or obligations, by operation of law or otherwise, under this Agreement to anyone and no third party is a beneficiary of Subscriber’s rights under this Agreement.

YOU (”SUBSCRIBER”) AGREE THAT BY PLACING A CHECK MARK IN THE CHECKBOX BESIDE THE LABEL “I agree to the Terms and Conditions of Use” ON THE FIRST PAGE OF THE SERVICE’S REGISTRATION PROCESS OR BY YOUR OTHER USE OF THE SERVICE, YOU ACKNOWLEDGE AND YOU AGREE THAT:

1) YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS;
2) BY ACCEPTING THE AGREEMENT, THE AGREEMENT WILL BE DEEMED ACCEPTED AND SIGNED BY YOU PERSONALLY;
3) IF YOU CHECK THE “I AGREE” CHECKBOX WITHOUT ACTUALLY READING THIS AGREEMENT, YOU DO NEVERTHELESS AGREE TO BE BOUND BY IT; AND
4) YOU WARRANT AND REPRESENT THAT YOU ARE AN ADULT AND ARE NOT SUBJECT TO ANY CONDITION WHICH MAY PREVENT YOU FROM ENTERING INTO A CONTRACT.