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Terms and Conditions

Welcome to Mbition’s End User Terms of Use.  Please read this document carefully.

These Terms of Use (“Terms”) describe the terms and conditions that govern your use of services and applications through our platforms, portals, and online and mobile websites (together, the “Site(s)”) owned or operated by Mbition LLC and its affiliated companies (together, “Mbition”).  These Terms refer to and include our Privacy Policy and our Cookies Policy.

By using the Sites, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use the Sites.

We recommend that you print a copy of these Terms for future reference.

The following terms set out the rules for using the Sites:

HOW TO PROPERLY USE THE SITES

By using the Sites, you agree that:

  • you will use the Sites in strict accordance with all Terms;
  • you will comply with and refrain from violating applicable laws, including, but not limited to international, federal, state or local privacy laws;
  • you will not post or transmit any content that is unlawful, threatening, libellous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, or otherwise objectionable content;
  • you will not use the Sites to commit a criminal offense or to encourage others to conduct what would constitute a criminal offense or give rise to any civil liability;
  • you will not use the Sites to impersonate other persons or entities;
  • you will not use the Sites to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the Site or the hardware or software of any other person or entity;
  • you will not post any material on the Sites that infringes or violates the intellectual property rights of another;
  • you will not alter, damage, or delete any content posted on the Sites;
  • you will not claim a relationship with or speak for any business, association, or other organization for which you are not authorized to claim such a relationship;
  • you will not post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation; and
  • you will not post any information which you know to be, or have reason to believe is, inaccurate or materially misleading.

If you are an administrator of products on our Sites or a licensed user, you agree to use such products in accordance with the contract that governs the provision of such products.  You also agree to use such products in a manner consistent with their intended use and in a manner consistent with all professional, ethical, and regulatory guidelines and standards.

If you are a student, you will provide complete and accurate information where required.  You will not do anything inappropriate or wrongful including cheating in any way or helping another person to cheat.

Certain parts of the Sites may enable you to provide information to Mbition.  You will not upload or transmit to the Sites any copyrighted or other proprietary materials without the appropriate permission from the owner or any licensor.  You shall be solely responsible for any damages resulting from the provision of these materials, and for obtaining all rights from their owners or licensors.

Any unsolicited proprietary information or other unsolicited information sent to us will be deemed to be non-confidential.

HOW YOU MAY USE MATERIAL ON OUR SITES

The Sites contain materials which are owned by or licensed to us. This material includes, but is not limited to, the pages, content, design, layout, look, appearance, graphics and all the code and scripts used to implement this website. It is protected by intellectual property laws including, but not limited to, copyright.  You agree to take all diligent and reasonable steps to keep the products and processes on the Site confidential and free from unauthorized access or use, and not to divulge, provide, or make the products available to a third person, unless said person is under your direct professional supervision.

Any copying, adaptation, reproduction and any redistribution of any information from the Sites (whether internally to your organization or externally, and whether for commercial use or not), without our express written permission, is prohibited.

You may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial purposes or otherwise redistribute or use any code or content from the Sites without Mbition’s prior written agreement.

If you print, copy, download or use any part of the Sites in breach of these Terms, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Information, products, processes and technologies described on the Sites may be subject to other intellectual property rights. These rights are reserved by Mbition or other owners thereof.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify the administrator.

You may not create any links to the Sites without our express written permission. Any such links must not use any framing techniques or in any other way represent the Sites or the content as being connected with your organization. You may not use any logo or other proprietary graphic or trademark as part of any link without our prior express written permission.

You may not use any meta tags or hidden text in your site(s) which incorporate the Mbition name without our prior express written permission.

WARRANTY DISCLAIMER

The contents of the Sites are not intended to amount to advice on which you should rely. You must obtain professional or specialized advice before taking, or refraining from, any action on the basis of the content on any of the Sites.

Some jurisdictions do not allow the disclaimer of implied warranties in contracts with consumers and as a result, the rest of this section may not apply to you to the extent such disclaimers are not allowed under the applicable laws.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS.  MBITION MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITES, ANY CONTENT ON THE SITES, OR ANY THIRD-PARTY CONTENT. MBITION DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED CONDITION OR WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN ADDITION, MBITION MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO THE SITES WILL BE UNITNERRUPTED, TIMELY, SECURE OR ERROR-FREE. MBITION SPECIFICALLY DISCLAIMS ALL LIABILITY CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONALITY, FAILURE OF ACCESS, OR POOR USE CONDITIONS OF THE SITES FOR ANY REASON.

We do not guarantee that use of the Sites will be compatible with hardware and software which may be used by visitors to such Sites.

We do not have any obligation to verify the identity of all the persons logging into or registering to use the Sites, nor do we have an obligation to monitor the use of the Sites by other users; therefore Mbition disclaims all liability to you or any third party arising out of inaccurate information, fraud, negligence, or wilful misconduct through the Site, or any other inappropriate uses of the Site.

Where the Sites contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as a recommendation or approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We do not assume any liability or responsibility for the accuracy, completeness or usefulness of the information disclosed or accessed through the Sites. Suitable professional advice should always be taken in relation to any particular circumstances.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MBITION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA) ARISING OUT OF OR IN CONNECTION WITH THE SITES OR IN ANY WAY RELATED TO ITS USE OR MISUSE OR PERFORMANCE, EVEN IF MBITION HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE).

Further limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our terms and conditions for services or any specific written agreement under which such products and services are supplied.

If you are a business user:

Subject to any written agreement under which any products and services are supplied:

  • we exclude all implied conditions, warranties, representations or other terms that may apply to the Sites or any content on it.
  • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, the Sites; or
  • use of or reliance on any content displayed on the Sites.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide the Sites for domestic and private use. Unless agreed otherwise with us by means of a written agreement, you agree not to use the Sites for any commercial or business purposes, and we have no liability to you for any loss profit, loss of business, business interruption, or loss of business opportunity.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy and in accordance with any other specific privacy policy presented to you on our Sites.

Our Cookies Policy sets out information about the cookies on the Sites.

GOVERNING LAW

The Terms are governed by and shall be interpreted pursuant to the laws of the State of Delaware, U.S.A without giving effect to the principles of conflicts law thereof and you consent to the jurisdiction and venue of the state and federal courts of New Castle County in the State of Delaware.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these Terms from time to time. Every time you wish to use any of our Sites, please check these Terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO THE SITESS

We may update and change the Sites from time to time to reflect changes to our products, our users’ needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW THE SITES

We do not guarantee that the Sites, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Sites for business or operational reasons.

You are responsible for ensuring that all persons who access the Sites through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

 

Copyright © 2020 Mbition LLC. All rights reserved.

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