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.
- ACCESS TO THIS WEBSITE
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.
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.
- PASSWORD AND ACCOUNT SECURITY
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.
- 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
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: email@example.com
GMAT® is a registered trademark of the Graduate Management Admission Council® (GMAC®). MBAInight’s website has not been reviewed or endorsed by GMAC.
- PROHIBITED CONDUCT; NONDISCLOSURE
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.
- SITE POSTINGS
6.1 General; Acknowledgments
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
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
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:
ATTN: Harvey Berkey
25 Hidden Ledge RD
Englewood, NJ 07631
- SERVICES AND FEES
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.
- REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION
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.
- 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
- 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.
- JURISDICTION; APPLICABLE LAW; DISPUTE RESOLUTION
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.
- WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS
- CORRESPONDENCE WITH MBAINIGHT AND USERS
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.
If you would prefer to delete your account at MBAInight Forum completely, you can send an email request to firstname.lastname@example.org and we will act accordingly.
- ENTIRE AGREEMENT; SEVERABILITY
- OTHER PROVISIONS
- 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.
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.
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.
Automatically generated emails coming from MBAInight are signed by:
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.
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.