The MBA Tour Terms of Use

 

Please read these terms and conditions of use carefully. These Terms of Use include The MBA Tour Privacy Policy, which is incorporated into these Terms of Use by reference. By using this Web site, you agree to these terms and conditions, including The MBA Tour Privacy Policy.

 

This page states the terms on which The MBA Tour offers you access to our services. By using the services on the The MBA Tour Web site ("Web site" or thembatour.com and other related Web sites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with The MBA Tour, LLC ("The MBA Tour" or "the Company").

 

 Using the Web site

While using The MBA Tour Web site, you will not:

  • violate any laws, third party rights, or our policies;
  • use The MBA Tour Web site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Web site;
  • interfere with other users' postings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to The MBA Tour;
  • post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  • transfer your The MBA Tour account and User Id to another party without our consent;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm The MBA Tour, or the interests or property of The MBA Tour users;
  • copy, modify, or distribute content from The MBA Tour Web site and The MBA Tour's copyrights and trademarks; or collect information about users, including email addresses, without their consent.

 

 Use of The MBA Tour Content

All website materials, including, without limitation, the The MBA Tour logo, design, text, graphics, other files, and the selection and arrangement thereof (collectively, "The MBA Tour Content") are protected under both United States and foreign copyright, trademark and other laws. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of The MBA Tour or the respective copyright owner. The Company authorizes You to view and access a single copy of the content available on or from The MBA Tour Web site solely for your personal use.

All The MBA Tour Content is the property of The MBA Tour or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the The MBA Tour Web site is the exclusive property of The MBA Tour and protected by U.S. and international copyright laws. Unauthorized use of the The MBA Tour Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original The MBA Tour Content on any copy you make of the The MBA Tour Content. You may not sell or modify the The MBA Tour Content. The use of the The MBA Tour Content on any other web site or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the HTML code or other software that The MBA Tour creates to generate its pages.

 

 Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

 

 The MBA Tour Web Site Usage

The MBA Tour Web site is intended solely for use by individuals seeking information about The MBA Tour events and services and university business schools and their programs, and by business school professionals seeking applicants to business school programs. Individuals who use the Web site to seek information about business schools and The MBA Tour events may do so free of charge; business school professionals may use the Web site by subscription only.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting.

The MBA Tour does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The MBA Tour Web site acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, The MBA Tour may review and delete any User Content that, in the sole judgment of The MBA Tour, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any The MBA Tour Site. The MBA Tour reserves the right to expel Users and prevent their further access to the The MBA Tour Sites for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The MBA Tour may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for The MBA Tour or may cause The MBA Tour to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other suppliers.

If notified by a user of communications which allegedly do not conform to these Terms of Use, The MBA Tour may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The MBA Tour has no liability or responsibility to users for performance or nonperformance of such activities.

The following is a partial list of User Content that is prohibited on the The MBA Tour Web site. The list below is for illustration only and is not a complete list of all prohibited User Content. The MBA Tour prohibits User Content which:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses, incites harassment or advocates harassment of another any group or individual;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes or endorses an illegal or unauthorized copy of another person's copyrighted work;
  • contains restricted or password only access pages, or hidden pages or images;
  • impersonates another person;
  • displays or links to pornographic, indecent or sexually explicit material of any kind;
  • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy;
  • provides or creates computer viruses or pirates any media;
  • post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
  • solicits passwords or personal identifying information from other Users.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify The MBA Tour of any unauthorized use of your registration or password.

 

 Termination

The MBA Tour reserves the right to prevent, cancel or suspend any individual's, client's, business school professional's, or others' access to the Web site. This may be on account of a violation of these Terms of Use or for any other reason at The MBA Tour's sole discretion. The MBA Tour's right to prevent, cancel or suspend access to the Web site may be exercised without notice to the individual, client, business school professional, or other so affected.

The MBA Tour reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web site and immediate termination of your registration with or ability to access the Web site and/or any other service provided to you by The MBA Tour, upon any breach by you of these Terms of Use or if The MBA Tour is unable to verify or authenticate any information you submit to the Web site registration.

 

 Access and Interference

The MBA Tour Web site contains robot exclusion headers. Much of the information on the Web site is updated on a real-time basis and is proprietary or is licensed to The MBA Tour by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Web site for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Web site without the prior expressed written permission of The MBA Tour and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Web site or any activities conducted on the Web site;
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Web site.

Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, the following:

  • accessing data not intended for such user or logging into a server or account which user is not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "mailbombing" or "crashing"
  • sending unsolicited e-mail, including promotions and/or advertising of products or services
  • forging any TCP/IP packet header or any part of the header information in any email or forum posting.

Violations of system or network security may result in civil or criminal liability. The MBA Tour will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

 

 Liability

The MBA Tour Web site does not screen or censor the listings offered. The MBA Tour is not involved in the actual transaction between business schools and applicants. As a result, The MBA Tour has no control over the quality, safety or legality of the information posted, the truth or accuracy of the information posted, the ability of business schools to offer entrance to applicants or the ability of applicants to meet business school requirements.

If You are a California resident, you waive California Civil Code d1542, 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."

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Web site.

The MBA Tour Content may contain inaccuracies or typographical errors. The MBA Tour makes no representations about the accuracy, reliability, completeness, or timeliness of the Web site or the Content. The use of the Web site and the Content is at your own risk. Changes are periodically made to the Web site and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Web site. Business schools are solely responsible for their postings on the website. The MBA Tour is not to be considered to be a business school with respect to your use of the Web site and shall not be responsible for any decisions, for whatever reason made, made by any entity positing information on the Web site.

The MBA Tour does not warrant that the Web site will operate error-free or that this Web site and its server are free of computer viruses or other harmful mechanisms. If your use of the Web site or the content results in the need for servicing or replacing equipment or data, The MBA Tour is not responsible for those costs. The Web site and content are provided on an 'as is' basis without any warranties of any kind. The MBA Tour, to the fullest extent permitted by law, disclaims all warranties, including the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. The MBA Tour makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

 

 Disclaimer of Consequential Damages

In no event shall the company, its suppliers, or any third parties mentioned on the Web site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Web site and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

 

 Links

The Web site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by The MBA Tour of the contents on such third-party web sites. The MBA Tour is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

 

 No Resale or Unauthorized Commercial Use

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Web site.

 

 Limitation of Liability

The aggregate liability for The MBA Tour to you for all claims arising from the use of the Web site is limited to $100.

 

 Indemnity

You agree to defend, indemnify, and hold harmless The MBA Tour, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content or your breach of the terms of these Terms of Use. The MBA Tour shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

 

 General

This Web site is based in Middlesex County, Massachusetts. The MBA Tour makes no claims the materials are appropriate or may be downloaded outside of the United States. Access to the materials may not be legal by certain persons or in certain countries. If you access the Web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Massachusetts without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Middlesex County, Massachusetts. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and The MBA Tour with respect to the use of the Web site. Any changes to this Agreement must be made in writing, signed by an authorized representative of The MBA Tour.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

The MBA Tour Terms of Use and Privacy Policy may be changed from time to time. Changes take effect when we post them on the Web site. When using particular services on the Web site, you are subject to any posted policies or rules applicable to services you use through the Web site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

We may amend this Agreement at any time by posting the amended terms on the Web site. Except as stated elsewhere, all amended terms shall automatically be effective immediately after they are initially posted on the Web site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.