Agreement Between Website User and THE MBA EXCHANGE, LTD.
The MBAEXCHANGE.COM website (“MBAEXCHANGE.COM”) is owned, operated, and maintained by THE MBA EXCHANGE, LTD. (“THE MBA EXCHANGE”).
ACCEPTANCE OF TERMS
MBAEXCHANGE.COM is offered to you conditioned on your acceptance, without modification,of the terms, conditions, and notices contained herein. By using the MBAEXCHANGE.COM site and/or engaging THE MBA EXCHANGE for the performance of any services for you, you are agreeing to all such terms and conditions. Your use of a particular section of the MBAEXCHANGE.COM site included within the MBAEXCHANGE.COM site may also be subject to additional terms as set forth in such section (“Additional Terms”). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the MBAEXCHANGE.COM site, then the terms contained herein shall control.
WEBSITE LICENSE AND ACCESS
THE MBA EXCHANGE grants you a limited, non-exclusive, revocable license to access and make personal use of the MBAEXCHANGE.COM site but not to download (other than page caching) or modify it, or any portion of it, except with the prior express written consent of THE MBA EXCHANGE. Personal use includes non-commercial use of the services provided by THE MBA EXCHANGE as agreed upon by and between you and THE MBA EXCHANGE but does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other Proprietary Material, as defined below, of THE MBA EXCHANGE and/or its affiliates without express written consent of THE MBA EXCHANGE. You may not use any meta tags or any other text utilizing THE MBA EXCHANGE’s name, trademarks or other Proprietary Material without the express written consent of THE MBA EXCHANGE. Any unauthorized use terminates the permission or license granted by THE MBA EXCHANGE. You are granted a limited,revocable, and non-exclusive right to create a hyperlink to the home page of THE MBA EXCHANGE (WWW.MBAEXCHANGE.COM) so long as the link does not portray THE MBA EXCHANGE, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any THE MBA EXCHANGE logo or other proprietary graphic or trademark as part of the link without express written permission of THE MBA EXCHANGE.
PROPRIETARY MATERIAL, OWNERSHIP RIGHTS, AND USE
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of MBAEXCHANGE.COM site, you will not use MBAEXCHANGE.COM site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use MBAEXCHANGE.COM site in any manner which could damage, disable, overburden, or impair the MBAEXCHANGE.COM site (or the network(s) connected to the MBAEXCHANGE.COM site) or interfere with any other party’s use and enjoyment of the MBAEXCHANGE.COM site. You may not attempt to gain unauthorized access to the MBAEXCHANGE.COM site, other accounts, computer systems or networks connected to the MBAEXCHANGE.COM site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the MBAEXCHANGE.COM site. You may not utilize reverse engineering, disassembly or any other means to develop a product, database, list, process, software or business plan based on any Proprietary Material.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. Send notifications to: Michael B. Sadoff Esq. Much Shelist c/o THE MBA EXCHANGE, LTD 200 N. LaSalle Street, Suite 2100 Chicago, Illinois 60601
LINKS TO THIRD PARTY SITES
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE MBAEXCHANGE.COM SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MBAEXCHANGE.COM SITE AND TO THE INFORMATION THEREIN. THE MBA EXCHANGE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MBAEXCHANGE.COM SITE AT ANY TIME. THE MBA EXCHANGE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY OR TIMELINESS OF THE INFORMATION CONTAINED WITHIN THE MBAEXCHANGE.COM SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE MBA EXCHANGE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT THE MBA EXCHANGE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED THROUGH THE MBAEXCHANGE.COM SITE. YOU SPECIFICALLY AGREE THAT THE MBA EXCHANGE IS NOT RESPONISIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE MBA EXCHANGE IS NOT RESPONISIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE MBAEXCHANGE.COM SITE BY ANY THIRD PARTY. IN NO EVENT SHALL THE MBA EXCHANGE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR YOUR USE OF THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT CONTAINED IN SUBMISSIONS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MBAEXCHANGE.COM SITE, WITH THE DELAY OR INABILITY TO USE THE MBAEXCHANGE.COM SITE OR RELATED SERVICES (RESULTING FROM INCREASED INTERNET TRAFFIC, TECHNOLOGICAL MALFUNCTION, OR ANY OTHER REASON), THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MBAEXCHANGE.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE MBA EXCHANGE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MBAEXCHANGE.COM SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MBAEXCHANGE.COM SITE.
The validity, construction, and performance of this Agreement shall be governed by, and interpreted in accordance with the internal laws (and not the laws of conflict) of the State of Illinois and of the United States of America.
DISCLOSURE, SEVERABILITY AND SURVIVAL
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.