If you are using MBA Focus on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not wish to register an account and become a MBA Focus User, do not click “Create an Account”, and do not otherwise access, view, download, or otherwise use any MBA Focus webpage, information or services. By clicking “Create an Account”, you also consent to use electronic signatures and acknowledge your click of the “Create an Account” as one.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not permit others to use your account, nor may you transfer it to another party. You may not share any information or services you access under your account with others, without an express agreement with MBA Focus to allow such. MBA Focus reserves the right to refuse service, terminate accounts, or cancel orders at their sole discretion. You may cancel your account by emailing MBA Focus at firstname.lastname@example.org.
All content published on MBA Focus, such as text, graphics, logos, button icons, images, data compilations, and software is property of MBA Focus or its suppliers and protected by United States and international copyright laws.
You own the information you provide MBA Focus under this Agreement, and may request its deletion at any time, unless you have shared information with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant MBA Focus a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid-up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to MBA Focus, including, but not limited to, any user generated content, ideas, concepts, techniques or data to MBA Focus, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your MBA Focus profile information accurate and updated.
To be eligible to use MBA Focus, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from MBA Focus, or not otherwise prohibited from having a MBA Focus account, (3) are not a competitor of MBA Focus or are not using MBA Focus for reasons that are in competition with MBA Focus; (4) will only maintain one MBA Focus account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of MBA Focus, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use MBA Focus.
To the extent not prohibited by law, you indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to MBA Focus, and (3) any activity in which you engage on or through MBA Focus.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Subscription Services”), you agree to MBA Focus storing your payment card information. You also agree to pay the applicable fees for the Subscription Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that MBA Focus’ Subscription Services are subject to this Agreement and any additional terms related to the provision of the Subscription Service.
For purposes of service messages and notices about MBA Focus to you, MBA Focus may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from MBA Focus to an email address associated with your account, even if we have other contact information. You also agree that MBA Focus may communicate with you through your MBA Focus account or through other means including email, mobile number, telephone, or delivery services including the postal service about your MBA Focus account or services associated with MBA Focus. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about your MBA Focus account.
MBA Focus may offer services through applications built using MBA Focus’s platform (“MBA Focus Applications”). Examples of MBA Focus Applications include its smart phone applications and other interactive plugins distributed on websites across the web. If you use an MBA Focus Application or interact with a website that has deployed a plugin, you agree that information about you and your use of MBA Focus, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing MBA Focus plugins that load in your browser may be communicated to us.
Further, by importing any of your MBA Focus data through the MBA Focus Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your MBA Focus account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing MBA Focus through your mobile access provider. Therefore, you should check with your provider to learn more about whether MBA Focus is available, and any associated costs and permissions, for your specific mobile devices.
Finally, by using any downloadable application to enable your use of MBA Focus, you explicitly confirm your acceptance of the terms of the end user license agreement associated with the application provided at download or installation, as may be updated from time to time.
Information you share may be viewed and used by other Users, and MBA Focus cannot guarantee that other Users will not use the information that you share on MBA Focus. Therefore, if you have information that you would like to keep confidential and/or do not want others to use, or that is subject to third party rights that may be infringed by sharing it, do not post it on MBA Focus. MBA FOCUS IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST.
Your use of MBA Focus services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to MBA Focus through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) MBA Focus is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) MBA Focus shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) MBA Focus may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to MBA Focus all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from MBA Focus under any circumstances.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed at the bottom of this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access MBA Focus, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of MBA Focus or its Users) to view information and use MBA Focus provided on MBA Focus webpages in accordance with this Agreement. Any other use of MBA Focus contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from MBA Focus commercially unless expressly authorized by MBA Focus) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in MBA Focus and all related items, including any and all copies made of the MBA Focus website.
For as long as MBA Focus continues to offer these services, MBA Focus shall provide and seek to update, improve and expand MBA Focus. As a result, we allow you to access MBA Focus as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue MBA Focus, partially or entirely, or change and modify prices for all or part of MBA Focus for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. MBA Focus further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by MBA Focus to be contrary to this Agreement. For avoidance of doubt, MBA Focus has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using MBA Focus.
Please note: If you allow a Third Party Site to authenticate to or connect with your MBA Focus account, that application or website can access information on MBA Focus related to you and your connections.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of MBA Focus, our Users or the public.
You are solely responsible for your interactions with other Users. MBA Focus may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of MBA Focus or otherwise limit your use of MBA Focus. MBA Focus reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if MBA Focus determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON MBA FOCUS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR MBA FOCUS AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MBA FOCUS DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY MBA FOCUS OR ANYTHING RELATED TO MBA FOCUS, YOU MAY CLOSE YOUR MBA FOCUS ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
MBA FOCUS IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH MBA FOCUS TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF MBA FOCUS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
MBA FOCUS DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY. THEREFORE, MBA FOCUS DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
MBA FOCUS DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF MBA FOCUS MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. MBA FOCUS DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, MBA FOCUS DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE MBA FOCUS SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither MBA Focus nor any of our employees, shareholders, or directors (“MBA Focus Affiliates”) shall be cumulatively liable for (a) any damages in excess of the most recent annual fee that you paid for a Subscription Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of MBA Focus, any platform applications or any of the content or other materials on, accessed through or downloaded from MBA Focus. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall: (a) apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and (b) not apply to any damage that MBA Focus may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement, and (c) not apply if you have entered into a separate agreement to purchase Subscription Services with a separate Limitation of Liability provision that supersedes this section in relation to those Subscription Services.
You may terminate this Agreement, for any or no reason, at any time, with notice to MBA Focus as described below. This notice will be effective upon MBA Focus processing your notice. MBA Focus may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only MBA Focus or the party paying for MBA Focus may terminate your access to any Subscription Services. Termination of your MBA Focus account includes disabling your access to MBA Focus and may also bar you from any future use of MBA Focus.
MBA Focus may restrict, suspend or terminate the account of any User who abuses or misuses MBA Focus. Misuse of MBA Focus includes abusing the MBA Focus messaging services; creating multiple or false profiles; using MBA Focus commercially without MBA Focus’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed below, or any other behavior that MBA Focus, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, MBA Focus has adopted a policy of terminating accounts of Users who, in MBA Focus’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of Ohio regardless of your country of origin or where you access MBA Focus, notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and MBA Focus agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Franklin County, Ohio, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and MBA Focus agree to submit to the personal jurisdiction of the courts located within Franklin County, Ohio for the purpose of litigating all such claims. Notwithstanding the above, you agree that MBA Focus shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
We may notify you via postings on www.MBA Focus.com. You may contact us here, or via mail or courier at:
MBA Focus LLC
ATTN: Legal Department
5980 Wilcox Place
Dublin, OH 43016
Additionally, MBA Focus accepts service of process at this address. Any notices that you provide without compliance with this section on notices shall have no legal effect.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding MBA Focus and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MBA Focus services, third-party content or third party software.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any MBA Focus Affiliate shall be deemed legally binding on any MBA Focus Affiliate, unless documented in writing with an original signature by a duly appointed officer of MBA Focus.
To the extent not in conflict with law, in no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of MBA Focus, exploitation of any advertising or other materials issued in connection therewith, or exploitation of MBA Focus or any content or other material used or displayed through MBA Focus.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, MBA Focus LLC for any third party that assumes our rights and obligations under this Agreement.
You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
Do undertake the following:
Don’t undertake the following:
MBA Focus LLC, Dublin, Ohio, USA, May 7, 2013.
Refunds must be processed before the access email has been sent. This email will contain system access instructions. MBA Focus cannot refund any sales after this email delivery. Please refer to your receipt for release dates.
To obtain a refund on an order, please send the following information email@example.com:
MBA Focus will contact you within 2 business days after receipt of your refund request to obtain additional payment information necessary to issue the refund.