Terms & Conditions

This policy was last modified on March 10, 2020.




These Terms and Conditions of Use (“Terms of Use”) apply to the Mobile Communications America Inc (“MCA”) website and web store located at https://lte.callmc.com and all associated sites, subsidiaries, and affiliates (“Site”). The Site is the property of MCA.


Acceptance of Terms


If you are using this site, it means you agreed to all terms of use laid out herein.

MCA, reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. It is your responsibility to check these Terms of Use periodically for changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms & Conditions” link on the home page of the Site to view the then-current terms. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. As long as you comply with these Terms of Use, MCA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


Purchases & Additional Terms and Conditions


All sales are final and charged at the time of purchase. MCA offers cash prepayment terms, NET terms with credit approval, and credit card terms. MCA accepts Visa, AmEx, MasterCard, Discover, and processes payments through Payment Card Industry (PCI) compliant Merchant Services for each credit card payment type.  Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including sales, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

MCA’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.


Site Content


All text, graphics, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to MCA, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be reproduced, republished, copied, posted, uploaded, publicly displayed, translated, encoded, encrypted, transmitted or distributed in any way (including “mirroring”) to any other computer, server, laptop, smart device, Web site or other medium for publication or distribution or for any commercial enterprise, without MCA’s express prior written consent.

You may use information on MCA products and services (such as data sheets, knowledge base or wiki publications, and similar materials) purposely made available by MCA for view or downloading from the Site, provided that you:

  1. do not remove any proprietary notice language in all copies of such documents,
  2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
  3. make no modifications to any such information, and;
  4. not make any additional representations or warranties relating to such documents.

Your Use of the Site


You may not collect, gather, harvest, scrape, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. MCA reserves the right to bar any such activity.

You may not use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any MCA server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems or networks connected to any MCA server or to the Site without authorization from MCA, whether through hacking, password mining or any other means.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or MCA’s systems or networks, or any systems or networks connected to the Site or to MCA.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You agree not to use any MCA domain name as a pseudonymous return e-mail address. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to MCA on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of MCA or others.


Price and Availability Information


Pricing and availability as set forth in the MCA site are subject to change without notice. The MCA Site may contain references to future planned products of MCA and our partners. Such products are only planned and may not actually be produced. Any planned ship dates mentioned in reference to such future products are estimated ship dates only, and are not guaranteed. In addition, the materials on the Site with respect to products and services may be out of date, and MCA makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

  • Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

User IDs, Access Passwords & Security


Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify MCA immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by MCA or any other user of or visitor to the Site due to someone else using your ID, password or account.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. MCA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.



MCAs Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the MCA Privacy Policy see “Privacy Policy” available on the Site and accessible by search. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

External Links


This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under MCA control, and MCA is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers


THE MCA SITE, SERVICES AND MATERIALS, ARE PROVIDED BY MCA UNDER THESE TERMS OF USE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MCA MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. MCA MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND MCA MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT:

MCA DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES;
MCA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES;
ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND
MCA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

MCA DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS AND OTHER THIRD PARTIES ARE NOT AUTHORIZED MCA SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF MCA. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MCA WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. MCA ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MCA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. MCA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MCA OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. MCA WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

MCA reserves the right to do any of the following, at any time, without notice:

  • to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
  • to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
  • to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability


In no event shall MCA, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if MCA has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with: (1) the access or use of or the inability to access or use the site, services, or materials; (2) the statements or actions of any third party on or via the site, services or materials; (3) any dealings with vendors or other third parties; (4) any unauthorized access to or alteration of your transmissions, user materials or other data; (5) any information that is sent or received or not sent or received; (6) any failure to store or loss of data, files, materials or other content; (7) any services available that are delayed or interrupted; (8) any web site referenced or linked to from this site; or (9) your access to or use of or inability to access or use any linked site. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.

If, notwithstanding the other provisions of these Terms of Use, MCA is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, MCA liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against MCA (but not including the purchase price for any MCA hardware products or any MCA support program), or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.


Indemnity


You agree to indemnify and hold MCA, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against MCA by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use


MCA may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) MCA rights or property, or the rights or property of visitors to or users of the Site, including MCA customers. MCA reserves the right at all times to disclose any information that MCA deems necessary to comply with any applicable law, regulation, legal process or governmental request. MCA also may disclose your information when MCA determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that MCA may preserve any transmittal or communication by you with MCA through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of MCA, its employees, users of or visitors to the Site, and the public.

You agree that MCA may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MCA, for which monetary damages would be inadequate, and you consent to MCA obtaining any injunctive or equitable relief that MCA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MCA may have at law or in equity.

You agree that MCA may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If MCA does take any legal action against you as a result of your violation of these Terms of Use, MCA will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to MCA. You agree that MCA will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.


Dispute Resolution & Governing Law


You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, North Carolina, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out of pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between MCA and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited


MCA administers and operates the Site from its location in Orange County, North Carolina USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. MCA reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous


You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and MCA with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and MCA with respect to such use are hereby superseded and cancelled. MCA will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. MCA’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by MCA of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between MCA and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.


Trademark Policy Information


Any use of MCA trademarks for commercial purposes without the prior written consent of MCA may constitute trademark infringement and unfair competition in violation of federal and state laws. Refer to MCA Third Party Trademark Policy for more information, available on request.

Copyright Information


To obtain permission to use MCA copyrighted materials or if you have any questions concerning the usage or licensing of MCA copyrighted materials, please submit your detailed request in writing. You can e-mail your request to legal@callmc.com or fax it to (919)-942-4267.

MCA Unsolicited Idea Submission Policy


MCA or any of its employees do not accept or consider unsolicited ideas, including ideas for advertising campaigns, promotions, products, technologies, processes, materials, marketing plans or product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when MCA products or marketing strategies might seem similar to ideas submitted to MCA. So, please do not send your unsolicited ideas to MCA or anyone at MCA. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

Terms of Idea Submission


You agree that: (1) your ideas will automatically become the property of MCA, without compensation to you, and (2) MCA can use the ideas for any purpose and in any way, even give them to others.

Product Feedback


MCA does, however, welcome your feedback regarding many areas of MCA existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us at sales@MCAcorp.com, or you can choose from other listed areas for your feedback. Please provide only specific feedback on MCA existing products or marketing strategies; do not include any ideas that MCA policy will not permit it to accept or consider. It’s just one more way that MCA can learn how to best satisfy your needs.

Software and Documentation Information


Software


Use of any software from this Site is subject to the software license terms set forth in their respective Software Licenses. The software license agreements are available for review whenever software is downloaded at this site.


Documentation


Any person is hereby authorized to: a) store documentation on a single computer for personal use only and b) print copies of documentation for personal use provided that the documentation contains MCA copyright notice or their respective owner’s copyright notice.


Third Party Companies and Products


Mention of third-party products, companies and web sites on the MCA Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. MCA assumes no responsibility with regard to the selection, performance or use of these products or vendors. MCA provides this only as a convenience to our users. MCA has not tested all hardware and software found on these sites and makes no representations regarding the quality, safety, or suitability of any software found there. There are dangers inherent in the use of any software found on the Internet, and MCA assumes no responsibility with regard to the performance or use of these products. Make sure that you completely understand the risks before retrieving any software on the Internet. All third party products licenses and warranties, if any, take place between you and the third-party.

Third Party Intellectual Property


The logos, taglines, and trademarks and otherwise unspecified "intellectual property" of third party organizations are owned by those organizations and not by MCA LLC. Third-party intellectual property is used under limited license that can be revoked by individual third parties at their discretion. They remain the sole owner of their intellectual property rights and do not forgo those rights in any way by their affiliation with MCA LLC.

Terms & Conditions of Sale


Every Purchase from this Site and our web store is subject to MCA Terms and Conditions described in the above sections. Please refer to these prior to making any purchase. The Terms and Conditions of Sale are available at the time of purchase and by request and explain that all sales are considered to be final.