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Privacy

Terms of Use | Privacy Policy (Last Revised January 31, 2017)

  1. PURPOSE

These Terms of Use define the conditions under which MBAInight (also referred to as “We”, “we”, “Us”, “us”, “Our” and “our”) makes its website available to users and the conditions under which users may have access to and use this website and the web-based services available on this website. This website and the services available through the website (together the “Website”) are subject to compliance with these Terms of Use and all applicable laws and regulations.

These Terms of Use constitute a legally binding agreement made by and between MBAInight and You, personally and, if applicable, on behalf of the entity for whom you are using this Website (collectively, “you” “You”, “your”, “Your” or “User”).  These Terms of Use govern your use of this Website so please read them carefully.

 

BY ACCEPTING THESE TERMS OF USE OR ACCESSING OR USING ANY PART OF THIS WEBSITE (INCLUDING LINKING TO THE WEBSITE), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE WEBSITE, YOU ARE REQUIRED TO FOLLOW THOSE AS WELL AND ANY GUIDELINES AND POLICIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.

INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY AT ANY TIME. WE ENCOURAGE YOU TO REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY FROM TIME TO TIME FOR POSSIBLE CHANGES. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS OF USE AND PRIVACY POLICY THAT MAY BE POSTED. WE WILL POST THE AMENDED TERMS OF USE ON THE WEBSITE AND INDICATE AT THE TOP OF THE PAGE THE DATE LAST REVISED AND WILL POST ANY REVISED PRIVACY POLICY.

 

MBAInight does not make any endorsement of any of the third-party providers who You may be put in contact with through the Website, nor does MBAInight make any guarantee, representation, or warranty about the quality of such providers’ services or goods. Your dealings with any provider with whom You are connected through the Website, and any contracts or other terms, conditions, representations, or warranties associated with such dealings, are solely between You and such provider exclusively and do not involve MBAInight in any way.  It is up to You to make whatever investigations, research or inquiries about such provider that You deem necessary or appropriate before engaging such Provider or buying any Package or other services or goods from them.  Accordingly, You hereby release MBAInight from any and all claims or liability: (i) related to any services or goods of a provider with whom You are connected with through the Website, regardless of whether such services or goods are advertised or otherwise available through the Website; (ii) any action or inaction by a provider, including but not limited to, any resulting harm to You caused by the action or inaction by a provider, a provider’s violation or failure to comply with any applicable laws, or a provider’s failure to abide by the terms of any services or goods You purchased from the Provider; and (iii)any conduct (including the failure to act), speech or content of any other third-party.

 

  1. ACCESS TO THIS WEBSITE

You must comply with all of the terms and conditions of these Terms of Use, the policies referred to herein, the MBAInight Rules available at http://mbainsight.com/mba-scholarships/ and all applicable laws, regulations and rules when you use this Website.  MBAInight reserves the right to revoke members’ accounts. Decisions as to whether content violates our rules will be made by moderators and administrators.

 

This Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. Persons using the Website to purchase products or services or utilizing resources on behalf of an employer must do so only with the authorization of their employer. Your access to the Website, sending us feedback, submitting comments or other posts, or other use of the Website will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law. Although persons who are too young to enter legally binding contracts (“Minors”) and are at least 13 years old may visit and use the Website with the permission of their parents or guardians, any payment or contract made through the Website must be made by an adult.  Parents should assist their Minor children who are at least 13 years old and wish to register for an account through the Website.  Any Minors who use the Website are deemed to have done so with their parents’ permission, and any payments made as a result shall be deemed to be made by an Adult.  The Website is not intended for children under the age of 13. MBAInight does not target its Website to children under 13 or knowingly collect personally identifiable information from children under the age of 13. If we become aware that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.

 

We use the means that we believe are reasonable to provide access to this Website, except in the case of natural disasters or events beyond the control of MBAInight and subject to any breakdowns or any maintenance operations required to ensure the smooth operation of the Website service and equipment. MBAInight will not be liable for any failure or deficiency in the performance of this Website by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, equipment outage, software failure, failure by a service provider to MBAInight, fire, terrorism, natural disaster or war.

 

MBAInight grants users who accept these Terms of Use the right to connect to its Website by means of the user’s computer, mobile or other electronic device. The communication protocols used are those currently used by the Internet network. The rights of access to and use of this Website are non-exclusive and non-transferable.

 

Unless otherwise stated, the services featured on this Website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. MBAInight makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are entirely responsible for compliance with local law, including, but not limited to, export and import regulations.

  1. PASSWORD AND ACCOUNT SECURITY

 

3.1 Registration

 

You may create your own account on the Website by completing the online registration process on the Website, and you must do so if you would like to receive certain content and materials provided by us. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Website account using an old e-mail address, you will not be able to receive messages from us. If you provide any information that is untrue, inaccurate, incomplete or not current, or MBAInight has grounds to suspect that such information is untrue, inaccurate, incomplete or not current, MBAInight has the right to suspend or terminate any issued password and refuse any and all current or future use of the Website.  MBAInight reserves the right to limit access to specific forums to members who meet experience requirements or other criteria and to change those requirements at any time.

 

3.2 Accounts and Passwords

 

Access to and use of password-protected and secure areas is restricted to users who have created an account. Any attempt to access restricted areas without authorization is prohibited.  Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential and not disclose your password to any person other than your direct employees, as applicable, required to have such access to your password in the normal course of your business. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Website.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

4.1 Ownership and Modification

 

Except as provided herein, this Website and the contents of this Website (including, but not limited to data, information, design, text, graphics, illustrations, audio clips, video clips, other files, and the selection, arrangement and organization thereof) (the “Website Information”) are owned by MBAInight, its licensors or other entities and are protected by copyright and other intellectual property rights. All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Website Information (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the this Website) and the structure, organization and code relating to the information or data accessed by you through your use of the Website or otherwise made available through your use of the Website and all other information or data supplied by MBAInight and/or its suppliers, products, free listings or website users and/or customers, including, without limitation, any and all information and data in machine readable form (collectively, “Data Information” and together with the Website Information, the “Proprietary Information”), are proprietary, confidential, and valuable trade secret information of MBAInight and/or its suppliers. Unauthorized use of the Proprietary Information is strictly prohibited.

 

You acknowledge, and agree not to challenge in any manner, that the Proprietary Information: (i) is comprised of original collections and assemblies of preexisting data, the selection, organization and arrangement of which results in original works, (ii) incorporates and/or integrates data that is not preexisting but instead is the original expression of MBAInight or its suppliers, as the case may be, and (iii) derives value from the fact that such data was promptly selected, organized, arranged and published by MBAInight or its suppliers.

 

The elements presented on this Website, including, without limitation, the Proprietary Information, are subject to modification without notice and are made available without any kind of guarantee, whether express or tacit, and cannot give rise to any rights to compensation. The information and images contained on this Website, including, without limitation, the Proprietary Information, are protected by copyright.

 

4.2 License and Use Restrictions

 

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-exclusive right to use the Proprietary Information on this Website in the normal course of your using our services, provided that you shall in no event use any Proprietary Information in transmission of “spam,” mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise. MBAInight will retain ownership of its intellectual property rights, including rights in and to the Proprietary Information, and you do not obtain any rights therein by virtue of these Terms of Use or otherwise, except as expressly set forth in these Terms of Use.

 

Without the express written consent of MBAInight, none of the contents of this Website, including, without limitation, the Proprietary Information, may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner, except in the case of a simple recording of documents on your personal computer for your own use, in which case you shall ensure that the indications of ownership are kept intact. Modification of the contents or their use with another purpose constitutes an infringement of our property rights. It is forbidden to use these contents on another Website or in a computer network environment.

 

4.3 Certain Disclosures

 

Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on this Website are owned by or licensed by MBAInight, or to MBAInight by its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks, trade dress or copyrights of MBAInight. All other trademarks, trade names, copyrights and the like that appear on this Website are the property of their respective owners. You may not use any of these trademarks, trade dress, copyrights or trade names without express permission from the appropriate party.

 

By making a submission to this website, you are promising that you either wrote the content yourself, obtained explicit permission of the copyright holder, or copied it from a public domain or similar free resource. If you are not sure about the source of the content in question, do not submit it.  Please note that due to a large number of submissions, MBAInight cannot review all of them. However, reported content that violates copyrights or is illegal (for example, violates non-disclosure agreements) will be removed and the contributor banned. Reports can be sent to: support@mbainsight.com

 

GMAT® is a registered trademark of the Graduate Management Admission Council® (GMAC®). MBAInight’s website has not been reviewed or endorsed by GMAC.

 

  1. PROHIBITED CONDUCT; NONDISCLOSURE

 

5.1 In using this Website, you agree that you will not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass or stalk any individual, or disrupt or interfere with the security or use of this Website or any websites linked to it; (iii) interfere with or damage this Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) MBAInight, or create or use a false identity; (v) attempt to obtain unauthorized access to this Website or portions thereof that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this Website; (viii) use any meta tags or any other “hidden text” utilizing the MBAInight name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by MBAInight; (x) engage in any activity that interferes with any third party’s ability to use or enjoy this Website; or (xi) assist any third party in engaging in any activity prohibited by these Terms of Use.

 

5.2 You agree not to disclose or otherwise make the Proprietary Information available to any person other than your employees, if applicable, required to have such knowledge in the normal course of your business and who are authorized to access the Website and Proprietary Information hereunder. You expressly agree not to, directly or indirectly: (i) disclose, publish, transfer, distribute or disseminate, or cause or permit to be disclosed, published, transferred, distributed or disseminated, the Proprietary Information to any third party; (ii) use the Proprietary Information in any manner, as a basis for providing any product or service (a “Competitive Product or Service”) or otherwise, which competes with any products or services of MBAInight or its affiliates, or otherwise use the Proprietary Information to compete with MBAInight or its affiliates; or (iii) use the Proprietary Information to provide data or competitive information to any provider of any Competitive Product or Service or affiliate thereof.

 

  1. SITE POSTINGS

 

6.1 General; Acknowledgments

 

This Website may offer opportunities for you to post content that may be made available to the public. When you make a posting to the Website or use any other Website services (“Site Features”), you will be subject to any additional guidelines or rules applicable to such Site Features. Any such additional guidelines or rules are hereby incorporated in these Terms of Use by reference. MBAInight reserves the right to change, suspend or discontinue any Site Features at any time, or to limit or restrict your access to certain Site Features at any time, without notice to you and in its sole discretion.

 

If you submit any postings, you are acknowledging that any such Posting (i) is not confidential or proprietary to you or any other person or entity, and does not create any confidential, fiduciary, contractually implied or other relationship between you and MBAInight or its agents and representatives other than as expressly set forth in these Terms of Use and (ii) may be used by MBAInight for any purpose, including for promotional or advertising purposes, in accordance with our Privacy Policy.  MBAInight reserves the right to remove any content posted on our Website at any time for any reason and to organize topical forums in order to best serve the majority of our visitors and members. Forum posts may be modified/edited/moved/merged/repurposed or compiled into a collection to provide value to the community.

 

You are prohibited from submitting any posting that: (i) restricts or inhibits any other user from using and enjoying this Website or any of MBAInight’s other websites (the “Sites”); (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; or (vi) constitutes or contains false or misleading statements of fact.

 

You understand that when using the Website, you will be exposed to postings from a variety of sources, and that MBAInight is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Postings. You further understand and acknowledge that you may be exposed to postings that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MBAInight with respect thereto. MBAInight is not responsible for any posting to our Website.  Although MBAInight may monitor and/or review any Posting, MBAInight is not obligated to do so and MBAInight assumes no liability or obligation with respect to any Posting.

 

While members own the content and interest in their posts, posting on the Website grants MBAInight and its subsidiaries the right to reproduce the content in any medium without notification or compensation. Members’ posts cannot be printed or duplicated in any way by a third party without the consent of the authors. Once you submit a post, MBAInight has no obligation to remove or edit that post’s content.

 

You acknowledge that any posting may be accessed by any third party, and MBAInight assumes no liability for such access. Without limiting the generality of the foregoing, in the event that you use the Site Features to exchange information with third parties, you acknowledge that MBAInight does not control or guarantee the legality, authenticity, accuracy or quality of any information posted by a third party on our Website or the use by such third party of any such information. You are solely responsible for your interactions with other users of the Website and any content that you post. MBAInight will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website.  MBAInight is not responsible for monitoring any exchange of information between you and any third party and you release us from claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with any exchange of information between you and any third party or any dispute you may have with any third party. MBAInight recommends that you do not include any personally identifiable information as part of any Posting.

 

6.2 License; Postings

 

By submitting a posting, you are granting MBAInight a perpetual, worldwide, royalty-free, non-exclusive, sublicensable and irrevocable right and license to use, copy, reproduce, prepare derivative works based upon, distribute, perform and display such information in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with our Privacy Policy. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.

You acknowledge and agree that MBAInight may preserve any communication by You with MBAInight through the Website or any service offered on or through the Website, and may disclose such communications when required by law or if MBAInight deems that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to a claim that the communication, or contents therein, violates the rights of others; or (4) protect the rights, property or personal safety of MBAInight and its employees, users of or visitors to the Website, and/or the public.

 

You acknowledge that MBAInight does not pre-screen postings, but that MBAInight and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit or disable, any posting that is available via the Website. By way of example and without limiting the foregoing, MBAInight and its designees may edit or disable, or restrict access to or the availability of, any posting that (i) violates the terms of these Terms of Use; (ii) constitutes illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, offensive, objectionable or otherwise inappropriate material; or (iii) is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. You must evaluate and bear all risks associated with the use of any postings, including any reliance on the accuracy, completeness, or usefulness of such postings and any costs associated with your posting, such as data and messages rates of your provider that may apply. MBAInight assumes no liability for use of any posting by any third party.

 

MBAInight does not allow posting of real GMAT questions – all such posts will be removed by moderators and disciplinary actions will be taken against offenders

 

6.3 Use of Posted Content

 

Subject to the terms of these Terms of Use, you may access postings solely (i) for your information and personal use and (ii) as intended through the normal functionality of the Website.

 

Postings are made available to you for your information and personal use solely as intended through the normal functionality of the Website. Postings are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under these Terms of Use.

 

6.4 Digital Millennium Copyright Notice and Other Reports of Infringement:

 

Pursuant to 17 U.S.C. § 512(c)(2) (“Digital Millennium Copyright Act of 1998”), You may contact MBAInight to report the infringement of any intellectual property right through MBAInight’s designated agent:

 

MBAInight

ATTN: Harvey Berkey

25 Hidden Ledge RD

Englewood, NJ 07631

support@mbainsight.com

 

  1. SERVICES AND FEES

 

7.1 General

 

When you use certain Site Features accessed from the Website, additional terms and conditions provided with such Site Features or Software may apply, and you are required to follow those terms and conditions, which are incorporated by reference into these Terms of Use. In addition, you may be required to register and meet certain eligibility requirements, including but not limited to providing certain information, including your name, email address and other required information, including bank or credit card information and authorizations, or other necessary items, subject to the approval of MBAInight. MBAInight, in its sole discretion, may charge fees for access to our Website. When you post content on our Website, use other Site Features that have a fee you will have an opportunity to review and accept the fees that you will be charged based your access to the Website services and Site Features, which fees and terms and conditions may change from time to time in MBAInight’s sole discretion unless otherwise agreed by you and MBAInight in writing.

 

  1. HYPERLINKS

 

8.1 Hyperlinks to this Website

 

In order to respect the integrity of the contents of this Website and avoid creating confusion amongst Internet users regarding the origin of the aforementioned contents, framing links, which enable a page from this Website to appear in a frame within the page of the Website visited by the user, are forbidden.

 

In any event, links from websites containing immoral, violent, pornographic or pedophilic material, or websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.

 

Under no circumstances shall a hyperlink to this Website from the website of a third party imply co-operation between MBAInight and such third-party website. MBAInight has no control over third-party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to this Website.

 

8.2 Hyperlinks to Third-Party Websites

This Website may contain links to the websites of MBAInight partners or to the websites of third party companies.  MBAInight does not own and has no control over these websites and therefore assumes no responsibility with respect to the availability of these websites, their content, advertising material, and the products or services available at or through these websites. MBAInight does not endorse any of these hyperlinked websites but provides hyperlinks to such websites only as a convenience. MBAInight accepts no liability for any direct or indirect damage that may result from a user’s visit to the partner or third-party websites, or from the use of the contents and services of these websites by the user.

 

You acknowledge that MBAInight shall not be responsible or liable for the content or conduct of, associated with, or related to any hyperlinked website or advertiser site, and, accordingly, your access and use of any hyperlinked website or advertiser site shall be solely at your own risk. If you have any questions or concerns regarding any hyperlinked website or advertiser site, you should review any terms and conditions and privacy policy maintained by that hyperlinked website or advertiser site, or contact that hyperlinked website’s or advertiser site’s website administrator.  MBAInight will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

  1. REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION

 

You represent, warrant and covenant to MBAInight that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) you are age 18 or over, able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of MBAInight or any third party in your use of the Website; and (v) you will comply with all applicable laws, rules and regulations in your use of the Website, including these Terms of Use.

 

You further represent, warrant and covenant to MBAInight that: (a)you are not, and shall not be during the period of your use of the Website, a supplier of any Competitive Product or Service, nor are you accessing the website, Software, and/or Proprietary Information, directly or indirectly, for the purpose of providing data or competitive information to a supplier of any Competitive Product or Service or any affiliate thereof or otherwise competing with MBAInight or its affiliates; and (b) you have provided true and accurate information as to your actual identity.

 

You agree to indemnify and hold MBAInight and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any and all damages, losses, costs liabilities or expenses (including without limitation, attorneys’ fees and costs), whether incurred in connection with a third party claim against any of the Indemnified Parties or directly by the Indemnified Parties, arising out of or related to (i) facts or circumstances that would constitute a breach by you of any provision of these Terms of Use or (ii) your use of this Website and/or the Proprietary Information. If you are obligated to provide indemnification pursuant to this provision, MBAInight may, in its sole and absolute discretion, control the disposition of any third party claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third party claim without the consent of MBAInight.

 

  1. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

 

10.1 Disclaimer of Warranties

 

THE WEBSITE AND ANY PROPRIETARY INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE WEBSITE, AND/OR PROPRIETARY INFORMATION TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE WEBSITE AND/OR THE PROPRIETARY INFORMATION. ANY CONTENT DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WITHOUT LIMITING THE FOREGOING PROVISIONS, MBAINIGHT MAKES NO WARRANTY THAT THE WEBSITE AND/OR THE PROPRIETARY INFORMATION OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE WEBSITE AND/OR THE PROPRIETARY INFORMATION WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MBAINIGHT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, ALL WITH REGARD TO THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE WEBSITE AND/OR THE PROPRIETARY INFORMATION. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE AND/OR THE PROPRIETARY INFORMATION, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

MBAINIGHT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY ADVERTISING AND MBAINIGHT WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

MBAInight reserves the right to modify or correct the contents of its Website at any time, without notice. MBAInight shall not be liable in the event of contamination of your computer equipment as a result of virus propagation or other computer “infections.” You are responsible for taking all appropriate measures to protect your own data and software, including measures to protect your data and software from contamination by any viruses circulating via the Internet.

 

10.2 Exclusion of Damages

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL MBAINIGHT, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA, USER INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, THE PROPRIETARY INFORMATION, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY MBAINIGHT, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE, AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

  1. TERMINATION AND OTHER RIGHTS OF MBAINIGHT

 

MBAInight may, in its sole discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without prior notice.

 

  1. JURISDICTION; APPLICABLE LAW; DISPUTE RESOLUTION

 

These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of Washington, without regard to any provision governing conflicts of law. Any disputes arising out of, relating to, or connected with these Terms of Use or your use of this Website shall be brought exclusively before the federal or state courts serving Bergen County, New Jersey. The use of this Website implies your express consent to the personal jurisdiction and venue of such courts.

 

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

 

If MBAInight takes legal action against You as a result of Your violation of these Terms of Use, MBAInight 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 MBAInight.

 

  1. WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS

By entering into these Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use or your use of the Website must be asserted individually.

 

  1. CORRESPONDENCE WITH MBAINIGHT AND USERS

 

By using this Website, You consent to receive electronic communications from MBAInight, including by email or by a Website posting, and further agree that all such communications satisfy any legal or other requirement that such communication be in writing.  You further consent to MBAInight providing You with any notice required by these Terms of Use or regarding the Website by such electronic communications.  Electronic notice shall be deemed given if MBAInight sends it to the email address You provide with Your user account, regardless if You keep such email address updated.

 

To correspond with MBAInight by e-mail, Internet users must use the email address provided herein. Our replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies.

 

By providing us with your personal information, you consent to our collection, use and disclosure of that information as described in the Privacy Policy. MBAInight is the owner of the personal information collected on our website. If you do not want your personal information to be collected, used or disclosed in this manner, please do not submit your personal information to us.

If you would prefer to delete your account at MBAInight Forum completely, you can send an email request to support@mbainsight.com and we will act accordingly.

 

  1. ENTIRE AGREEMENT; SEVERABILITY

 

These Terms of Use, our Privacy Policy and, to the extent applicable, any member or subscriber agreements, and additional terms and conditions related to Site Features constitute the entire agreement between the parties with respect to the use of the MBAInight Website, superseding all prior or contemporaneous oral or written agreements or understanding with respect to such subject matter. If any provision of these Terms of Use is held to be unenforceable or invalid in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions shall be given full force and effect.

 

  1. OTHER PROVISIONS

 

MBAInight’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. MBAInight may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

 

  1. FOR USER USE ONLY

 

Except as otherwise specifically set forth herein, the information, including without limitation, Proprietary Information, made available through your use and access of the Website is intended only for you and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than you is prohibited.

 

Privacy Policy:

 

We, MBAInight (mbainsight.com), collect information that you choose to disclose, such as your GMAT scores and your email address. We also collect information about you and your use of this Website every time you visit, which may include site traffic statistics, page views, operating system and browser type, and IP addresses.

 

The collected information is used to:

 

Improve the services of this website

Analyze the variables statistically (without identifying you)

Send email notifications that you have signed up for and requested to be sent to your email address (notifications of Wiki page edits, forum posts, and private messages)

Send regular email communications and announcements about new developments at MBAInight.

As directed by you, to send your information to third parties to facilitate the establishment of an account for you with those third parties.

Except as provided herein and in the Terms of Use, MBAInight will never share, sell, rent or disclose to third parties your personal information without obtaining your permission first (unless ordered by a Court of Law).

Occasionally we may employ member information for new unanticipated uses. In such cases we will post the policy changes here and notify you, providing an ability to withdraw your private information.

 

Email Privacy Policy

Automatically generated emails coming from MBAInight are signed by:

mail@mbainsight.com

 

Log Files

 

We use IP addresses to analyze trends, administer the Website, track users’ movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within MBAInight on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

 

Cookies

Like most interactive websites our Website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our Website to enable the functionality of this area and ease of use for those people visiting.  Some of our affiliate partners may also use cookies.

 

Although we reserve the right to make changes to this policy without any further or additional notice to you or to others, we will post any such changes on this page. Our Website may contain links to other websites. We are not responsible for the privacy policies of those other sites. You should read those policies.