Terms of Service
Welcome to MBAbull (a.k.a. MBAbullshit, MBAbullshit.com). Thank you for your interest in our website mbabull.com (the “Website”) and any mobile application that we may make available to you now or in the future (the “App”), together hereafter referred to in these Terms of Service as “MBAbull”, “us”, “our” or “we”.
Unless otherwise specified, all references to our services (the “Service” or “Services”) include the streaming instructional videos, downloadable ebooks, articles, tutorials, instruction, content, services and products available through the MBAbull Website or our App, as well as any software that MBAbull provides to you that allows you to access the Services.
The term “user”, “you” or “your” refers to the user of the Service, including visitors that do not register for an account or purchase a subscription to our Services (free videos and content).
In addition, certain areas of the Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
MBAbull may change this Agreement at any time by posting an updated Terms of Service on this site. If any amendment to these Terms is unacceptable to you, you shall cease using this Site or App. If you continue using the Site or the App, you will be constructively deemed to have accepted the changes.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
- Eligibility for Our Service
By using our Services, you represent that you have attained the age of majority where you reside and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Description of Service
- MBAbull is an online resource for tutorial and instructional videos and collateral support materials for MBA degree candidates and any student enrolled in University, college or post-graduate courses in business. Our services include, without limitation, free and subscription based streaming instructional videos, readable articles, downloadable ebooks, tutorials and more.
- The Service does not include any software application or service that is provided by you or a third party, which you use in connection with the Service.
- MBAbull reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to MBAbull.
- Any modifications and new features added to the Service are also subject to this Agreement.
- Accounts and Registration
- To access some features of the Service, including our subscription services plan, you will be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number, company name or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all “Your Information”).
- If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
- Account Management
- MBAbull may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
- If you have been issued an account by MBAbull in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You agree that you will not share your access password with anyone else, or permit anyone else to use your account without our written permission. You, and not MBAbull, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify MBAbull immediately.
- We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
- You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease. You will not be entitled to any pro-rata refund for previous payments if you terminate before your entitled period is over. However, you may request access during the remainder of such period and we may continue to grant access at our discretion.
- We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
- Subscription Plans; Refund Policy
MBAbull offers several automatically renewable and payable Subscription Plans for our users. The features, subscriber rights, terms and prices of these Subscription Plans may change from time to time and the most current descriptions and prices may be found on our Subscription Plans pricing page here https://mbabull.com/bull/video-plan-offer-181025/. Non-subscription products such as downloadable content, PDFs, and e-books are generally NOT refundable.
- By completing your registration for a Subscription Plan, you authorize MBAbull or its third party payment processor to charge your payment method on a recurring basis (e.g. Daily, Weekly Monthly or Annually) for: (i) the applicable Subscription Plan charges; (ii) any and all applicable taxes; and (iii) any other charges incurred in connection with your use of the MBAbull services. The authorization continues through the subscription term, and any renewal term, until the subscriber cancels the Subscription Plan.
- By purchasing a Subscription Plan, you expressly acknowledge and agree that (i) your subscription has an initial and recurring payment feature, and MBAbull (or our third party payment processor) is authorized to automatically charge your payment method at the then-current Subscription Plan rate for your subscription period as long as your subscription continues, and (ii) your Subscription Plan is continuous and will be automatically extended for successive subscription periods until you cancel it.
- MBAbull shall submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before MBAbull reasonably could act. Please note that it is your responsibility to provide us with notice to cancel your automatic payment authorization and to avoid any unintended new charges if you wish to cancel your subscription.
- You may cancel your Subscription Plan at any time, by emailing us at support(at)MBAbull.com and following the instructions, if any, we provide you in response to your cancellation request. If you cancel, you will not be entitled to a refund for your last payment and you may use your Subscription Plan until the end of your then-current paid-up subscription term. For the Monthly and Annual Subscription Plan, You must cancel your subscription within 15 days of the end of the current subscription period (billing cycle) to avoid an automatic and non-refundable charge for the next billing cycle.
- In the event you cancel your Subscription Plan, please note that we may still send you promotional communications about MBAbull, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
- Subscription Plans are non-refundable except under the following circumstances.
Users will be granted a full refund if they contact us at support(at)MBAbull.com within the following time-frame:
- Daily Subscription Plan – You must contact us to cancel within 1 hour of purchase;
- Weekly Subscription Plan – You must contact us to cancel within 3 hours of purchase;
- Monthly Subscription Plan – You must contact us to cancel within 48 hours of purchase.
- Trial Subscriptions
MBAbull may, from time to time, offer a free trial subscription period. If we do, and you take advantage of it, you may cancel the free trial at any time during the trial period. If you fail to cancel your free trial you agree that MBAbull may automatically charge your selected method of payment for a Monthly Subscription. You may only be entitled to one free trial.
Your subscription order constitutes an offer to purchase a Subscription Plan. We reserve the right at any time to accept or decline any order. We reserve the right to cancel your order at any time before it has been accepted and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the Subscription is no longer available.
- All prices displayed in our Services are in U.S. dollars unless otherwise indicated.
- All applicable taxes and other charges are additional and your responsibility.
- We reserve the right in our sole discretion to change prices at any time and without notice.
- By providing MBAbull with your method of payment information (credit card, debit card, etc.), you authorize us to charge you for subscription purchases using the secure third party payment processor we make available to you. Our payment gateway partners use secure servers with state-of-the-art encryption and secure sockets layer (SSL) technology for the transfer of credit card information. Additionally, we have security measures in place to protect our customer database and access to this database is restricted internally.
- You agree that we may charge you, and you will pay to MBAbull, any fee or penalty that is assessed or charged to us for a “Chargeback” resulting from a failure or refusal of your selected method of payment to make a required payment. This payment shall be refunded to you in the event that your selected method of payment resolves this dispute in your favor.
- Your Access and Use of our Services
- The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
- Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
- Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
- Our Services may now, or in the future, have “publicly accessible areas” that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that MBAbull shall not, under any circumstances, be liable in any way for any User Content.
- You understand that MBAbull may issue upgrade versions of any mobile App and you consent to receiving automatic upgrades on your mobile device. You also acknowledge and agree that standard carrier data charges may apply to your use of the Service including, without limitation, text messages.
- You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
- You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchase of courses or use of the Services.
- Suspension and Termination of Services
- MBAbull may also suspend providing the Services to you (including your subscription) if we are investigating suspected misconduct by you. MBAbull will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
- Users who have been terminated or suspended will not be eligible for a refund of any kind for the termination or the period of suspension.
- Information Accuracy
- We attempt to ensure that information on this Service and in our instructional videos, articles and ebooks is complete, accurate and current. Despite our best efforts, the information on our Service and in our instructional videos, articles and ebooks may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information on the Service or in the instructional videos, articles and ebooks.
- Furthermore, information on the Service and in our instructional videos, articles and ebooks may contain typographical errors, inaccuracies or omissions. We reserve the right to correct or make changes to our proprietary information, instructional videos, articles and ebooks without notice, however, we shall have no duty or obligation to correct or make changes to third party content, videos, articles or ebooks, or any liability for failure to do so.
- Proprietary Rights
- As between MBAbull and you, MBAbull or its licensors own and reserve all right, title and interest in and to the Service and in our instructional videos, articles and ebooks, and all hardware, software and other items used to provide the foregoing, other than the rights explicitly granted to you to use the Service an our instructional videos, articles and ebooks in accordance with this Agreement.
- No title to, or ownership of, any proprietary rights related to the Service and in our instructional videos, articles and ebooks is transferred to you pursuant to these Terms.
- You may not share, sell, loan, barter or otherwise, in any manner, transfer any downloaded content, material or ebooks with any third party. All downloadable material is watermarked (printed) on every page with your name, email address, transaction number and other info in order to discourage file sharing and protect our intellectual property rights to the material from user copyright infringement.
- All rights not explicitly granted to you are reserved by MBAbull.
- Intellectual Property Rights; Our Content
- Our instructional videos, articles and ebooks, and the content contained therein, our names, graphics, logos, page headers, button icons, scripts, and service names are our intellectual property, or that of our third party Apps, web designer or hosting service, including, without limitation, copyrights, trademarks or trade dress in the United States and/or other countries (collectively the “Copyrighted Content” or “Proprietary Marks”), and are owned by MBAbull, or licensed to MBAbull for use. You may not use the Copyrighted Content or the Proprietary Marks without our, or our licsensor’s prior written permission.
- We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
- The instructional videos, articles and ebooks, Website content, information, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services or a website or location we make available to you (collectively, “Our Content”), including, without limitation, all videos, audio, text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are copyrighted by MBAbull, or otherwise licensed to us by Our Content suppliers.
- We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the “Collective Work”).
- All software used on, or within our Services is our property or the property of our software vendors and is protected by United States, Republic of Singapore and international copyright laws. Listening, viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
- You are solely responsible for any damages to MBAbull resulting from your infringement of our, or any third-parties, intellectual property rights regarding our Copyrights, Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement. The foregoing includes, without limitation, any attempt by you to circumvent, bypass, violate or crack our Website security measures (i.e. download prevention, PDF watermarking, etc.) or take advantage of any malfunction or inadequate measures we use to secure our intellectual property rights, including all copyrights. MBAbull will prosecute, to the full extent of the law, any violation of these terms.
- Use of Our Content
- We grant you a limited, non-exclusive and revocable license to access, print, download, view or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
- You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
- User Content Rights and Related Responsibilities; License
- “User Content” means, without limitation, any comments, reviews, feedback, suggestions, messages, digital files, images, photos, personal profile (including your photo), artwork, videos, audio and documents, or any other content you upload, transmit or otherwise make available to MBAbull and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and agree to indemnify MBAbull and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
- By submitting User Content on or through the Service, you grant MBAbull a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Content without attribution, and without the requirement of any permission from or payment to you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such User Content.
- You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.
- You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by MBAbull resulting therefrom.
- MBAbull may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
- You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
- User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy such as your name, address, phone number, etc..
- MBAbull has no control over User Content once posted, and it is possible that visitors to the Site or App may copy User Content and repost it elsewhere.
- You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material.
- User Comments
MBAbull does not investigate any posted user comments, suggestions or feedback for accuracy or truth. Users may be held legally responsible for damages suffered by other users or third parties as a result of their comments if they are legally actionable or defamatory. You agree that MBAbull is not legally responsible for any comments posted or made available on our Services by any users or third parties, even if that information is defamatory or otherwise legally actionable. MBAbull reserves the right to remove user comments or information that, in our sole judgment, violates these Terms or negatively affects our Services.
- Interruption of Service
- Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
- You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof. Any interruption of Service will not entitle you to a full refund, but we may, in our sole discretion, provide you with a pro-rated refund of your purchase price predicated upon the percentage that the interruption bears in relation to the total service period paid for.
- Third Party Links, Services and Content
- Electronic Communications
- Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
- You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Electronic Transactions
- Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions and purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions and purchases.
- Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notices of cancellation, policies, contracts, and applications.
- Third Party Social Networking
Violating the security of our Services is prohibited and may result in criminal and civil liability. MBAbull may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
- Privacy and Your Personal Information
- Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person’s copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person’s intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
A valid complaint under the DMCA must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work that you claim has been infringed.
- Identification of the material that is claimed to be infringing and where it is located on the Service.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. The above information must be submitted to the Copyright Agent at: support(at)mbabull.com
- Disclaimers; No Warranties
- ALL SERVICES AND PRODUCTS AVAILABLE FROM MBABULL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. MBABULL AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “MBABULL PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS, OR (IV) THAT YOUR GRADES OR TEST SCORES WILL IMPROVE.
- THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE OR APP MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE OR APP, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
- THE MBABULL PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD OR STREAM ANY CONTENT OR VIDEOS FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR STREAMING OF ANY CONTENT THROUGH THE SERVICE.
- SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation Of Liability
- IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OR STREAMING OF ANY OF OUR VIDEOS, EBOOKS, CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR VIDEOS, EBOOKS, CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
- WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
- OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100 IN THE AGGREGATE FOR ALL CLAIMS.
- YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
- You agree that you will be personally responsible for your use of the Service, products or subscriptions you purchase from us; and you further agree to defend, indemnify and hold harmless MBAbull and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service, subscription or the products you purchase through the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; and (v) any death or serious physical or emotional harm, to you or any third party resulting from your use of the Services, products or subscriptions purchased though the Service.
- We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- By using the Services, you release, to the maximum extent allowed by law, MBAbull, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services, products or subscriptions, including without limitation, any death or serious emotional or physical harm.
- If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
- Governing Law
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the courts of the Republic of Singapore.
- Our Remedies
- You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
- For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of the Republic of Singapore. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
- Dispute Resolution
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS AGREEMENT ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICE. EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.
For any dispute you have with MBAbull, you agree to first contact us at support(at)mbabull.com and attempt to resolve the dispute with us informally. If MBAbull has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy as follows:
- You and we agree that any claim or dispute at law or equity between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
- Applicable Law. You agree that the laws of the Republic of Singapore, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
- Agreement to Arbitrate. You and we each agree that any and all disputes or claims between you and us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any courses or services delivered, sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OUR OTHER USERS.
- Mediation and Arbitration Procedures. In the event of any controversy or claim arising out of or relating to this contract, or the breach thereof, the Parties hereto agree first to try and settle the dispute by mediation, administered by the International Centre for Dispute Resolution under its Mediation Rules. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The International Expedited Procedures of the International Centre for Dispute Resolution shall apply regardless of the amount in dispute. All disputes shall be heard by a single arbitrator. The place of arbitration shall be the Republic of Singapore. The language of the arbitration shall be English. The Arbitrator is directed to award to the prevailing Party reasonable attorney’s fees, costs, and disbursements including reimbursement for the cost of witnesses, travel, and subsistence during the arbitration hearings. Except as may be required by law, neither a Party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all Parties.
Consistent with the expedited nature of arbitration, pre-hearing information exchange shall be limited to the reasonable production of relevant non-privileged documents explicitly referred to by a Party for the purpose of supporting relevant facts presented in its’ case, carried out expeditiously. Regardless of the amount in dispute, evidence for the arbitration will be taken by the submission of “documents only”. The decision and Final Award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
In addition to any other remedies that may be available through arbitration, in law, in equity or otherwise, each Party shall be entitled to obtain, and the arbitrator shall have the authority to issue, injunctive relief against the threatened breach of this Agreement or the continuation of any such breach by the other Party, which injunctive relief may be enforced by any court having jurisdiction thereof.
Notwithstanding any language to the contrary in this Agreement, the Parties hereby agree that a Final Award issued may be appealed pursuant to the American Arbitration Association’s Optional Appellate Arbitration Rules (“Appellate Rules”). Appeals must be initiated within thirty (30) days of receipt of a Final Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with the International Centre for Dispute Resolution. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.
- Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively in the courts of the Republic of Singapore. You and we agree to submit to the personal jurisdiction of the courts located within the Republic of Singapore for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the Republic of Singapore; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the Republic of Singapore.
- Law Enforcement
- MBAbull is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If MBAbull receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
- Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), MBAbull may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. MBAbull will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
- Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
- Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
- No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
- Entire Understanding
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support(at)mbabull.com
Last updated: May 30, 2019