MEMBERSHIP AGREEMENT FOR MBA GLOBALNET
THIS AGREEMENT WAS LAST UPDATED ON MAY 24, 2007.
PLEASE READ THE MEMBERSHIP AGREEMENT BELOW AND INDICATE YOUR ACCEPTANCE BY CLICKING THE "AGREE" BUTTON AT THE END OF THE AGREEMENT. BY USING THIS SERVICE AFTER MAY 24, 2007, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
By completing the registration process, clicking the "AGREE" button, and using mbaglobalnet.com or any of its affiliated sites (collectively referred to as "MBAGN"), you are indicating that you are 18 years old or older, and agree to be bound by all of the terms in this Membership Agreement ("Agreement"). You may print and keep a copy of this Agreement.
1. Code Of Conduct
You agree that you satisfy the qualification requirements to be a member of
MBA GlobalNet. See Code of Conduct, which is incorporated by reference.
2. Fees and Payments
You agree to pay or have paid all fees and charges incurred in connection with your user name and password for MBAGN (including any applicable taxes) at the rates in effect when the charges were incurred. MBAGN reserves the right to change the amount of, or basis for determining, any fees or charges for the services provided, and to institute new fees or charges, as it deems appropriate. All fees and charges are nonrefundable. YOU, AND NOT MBA GLOBALNET, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
If payment cannot be charged to your credit card or your charge is returned to MBAGN for any reason whatsoever, including chargeback, MBAGN reserves the right to, at any time, either suspend or terminate your access or modify or delete your uploaded information or resume, as well as seek civil or criminal redress as MBAGN deems appropriate.
3. Privacy of Information
Please review our Privacy Policy, which is incorporated by reference.
Any information or material inputted or uploaded to the Site may be monitored by MBAGN or used for the maintenance of the Site, to enforce this Agreement, or to better provide services or goods to you.
Further, MBAGN reserves the right to contact you with respect to the MBAGN and its services via all available methods including but not limited to email, telephone, fax and written correspondence.
You assume all responsibility for maintaining the confidentiality of your information and any password(s). You assume all responsibility for unauthorized use of your information and passwords and agree to notify MBAGN immediately of any unauthorized use of your information and password(s). MBAGN does not undertake any responsibility or liability for any unauthorized use of your information and password(s) once notified.
4. Member Responsibility
You are responsible for all statements made and acts or omissions that occur while your password is being used. You may not use MBAGN for any unlawful purpose. MBA GlobalNet may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive, as determined by MBA GlobalNet.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone.
5. Suspension, Termination
MBA GlobalNet reserves the right to deactivate or suspend use of MBAGN or any service or good of the MBAGN, or edit or delete any information, software or other Content, in our sole discretion. MBAGN reserves the right to delete any information or material that MBAGN or the Web Site is unable to authenticate. If MBAGN determines, in its sole discretion, that you have violated any provision of these Agreement may be subject to such action which MBAGN deems appropriate, including, but not limited to, a written warning, suspension of service, termination of service, and/or the institution of civil, criminal and/or regulatory proceedings. The failure of MBAGN to (i) notify You of a violation of these Agreement, (ii) redress any particular violation of these Agreement, or (iii) redress any particular violation of these Agreement in a certain manner or time shall not prejudice MBAGN's full and subsequent recourse to any and all of its rights hereunder.
6. Disclaimer
YOU USE THIS WEB SITE AT YOUR OWN RISK. OTHERS MAY USE THE WEB SITE TO POST INFORMATION AND MATERIALS. IN NO EVENT SHOULD THE AVAILABILITY OF SUCH INFORMATION AND MATERIALS BE CONSTRUED AS AN INDICATION THEY HAVE BEEN VALIDATED BY MBAGN.
YOU ARE RESPONSIBLE FOR MAKING SURE ALL INFORMATION AND MATERIALS THAT YOU ORIGINATE OR REQUIRE ARE PROPERLY BACKED UP SO THAT YOU HAVE READY ACCESS THERETO IN THE EVENT OF LOSS, CORRUPTION OR INTERRUPTION. INFORMATION AND MATERIALS POSTED ON, OR TRANSMITTED TO, THE WEB SITE ARE NOT WARRANTED TO BE FREE OF ERRORS, OTHER DEFICIENCIES OR POTENTIAL INTERRUPTIONS.
THE MATERIAL AND CONTENT OF THE WEB SITE ARE PROVIDED "AS IS" AND "WHERE IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. MBAGN AND ITS AFFILIATES DISCLAIM, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.
MBAGN DOES NOT WARRANT THAT THE FUNCTIONS AND SERVICES OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MBAGN IS NOT RESPONSIBLE FOR THE COSTS OF SERVICING, REPAIR OR REPLACEMENT OF YOUR PROPERTY, INCLUDING BUT NOT LIMITED TO, HARDWARE AND DATA, ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEB SITE. MBAGN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS AND MATERIAL IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
YOU (AND NOT MBAGN NOR MBAGN's EMPLOYEES OR AGENTS) ASSUME THE RISK OF USING THIS SITE, INCLUDING ANY AND ALL (i) LIABILITY FOR DAMAGES, WHETHER DIRECT OR INDIRECT, ACTUAL, CONSEQUENTIAL, OR PUNITIVE, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM BUSINESS INTERUPTION OR LOST INFORMATION AND DATA, AND (ii) COSTS OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RELATING TO USE OF THIS SITE.
YOU ALSO AGREE TO DEFEND, INDEMNIFY AND RELEASE MBAGN (AND MBAGN's AGENTS, EMPLOYEES, SUPPLIERS, AND THIRD PARTIES) FOR ALL LIABILITY, CLAIMS, DEMANDS, OR EXPENSES (INCLUDING REASONABLE ACCOUNTING AND ATTORNEYS' FEES) ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR, OR ANY OTHER USER'S, USE OF THE WEB SITE; OR (2) YOUR, OR ANY OTHER USER'S, (i) VIOLATION OF THE PROVISIONS AND RULES SET FORTH IN THESE AGREEMENT OR (ii) VIOLATION OF ANY DOMESTIC OR INTERNATIONAL LAWS OR REGULATIONS.
MBAGN DOES NOT ASSUME LIABILITY FOR THE BEHAVIOR OF THIRD PARTIES NOR SHOULD ANY CONTENTS OF THE WEB SITE BE CONSTRUED AS ESTABLISHING ANY THIRD-PARTY BENEFICIARY ARRANGEMENT.
7. Governing Law and Notice of Claims
This Agreement, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.
8. Modification of Terms
MBA GlobalNet retains the right to revise this Agreement and the right to discontinue or change MBAGN (and any service provided at MBAGN), or its availability to you, at any time at any time and at its sole discretion. The modifications or changes will become effective immediately upon posting to the MBAGN by MBA GlobalNet and the obligation is upon you to determine the current Agreement and to download the most current version of MBAGN.
IF ANY OF THESE TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR SUBSCRIPTION BY NOTIFYING MBA GLOBALNET. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
No action by MBA GlobalNet shall be construed as a waiver of any of our rights under this Agreement, unless we specifically waive such rights in writing. No waiver of any provision of this Agreement shall be construed as a further or continuing waiver of that provision or any provision in this Agreement.
9. Integration and Severability
Any other
agreements, whether oral or in writing, are superceded by this Agreement
and thus are null and void. If any provision or clause of this agreement
is found to be invalid by any court having competent jurisdiction, the
remaining terms and conditions are still valid and apply in full force. |
