DISCLAIMER, TERMS & CONDITIONS
The terms “I”, “we”, or “MBAbullshit.com” in this document refers to the website itself as well as the owner, operator, management, employees, affiliated websites, and/or associates of the said website.
This website is provided “as is” without any representations or warranties, express or implied. MBAbullshit.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, MBAbullshit.com does not warrant that this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, guaranteed accuracy of any kind. If you require professional advice in relation to any educational/business/financial matter, you should personally consult your professor or an appropriate professional.
Limitations of liability
You agree that MBAbullshit.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data, loss from lower/failed of school grades/marks;
- For any legally and clearly proven damages incurred by the surfer/viewer from watching/reading/viewing of paid videos and/or any other content on this site, the limits of liability of MBAbullshit.com under any circumstances is fully and completely limited to a refund in the amount that an individual/juristic person/company/establishment or other actually paid for such videos and/or other content. You expressly agree, even in the case of legally and clearly proven damages, that the liability to give such refund shall be fully and completely at the discretion of MBAbullshit.com. The viewer and his/her/their associates expressly agree that we are not liable of any other damages including (but not limited to) consequential damages, legal fees and expenses incurred to collect the refund, transfer fees to send the refund, other expenses incurred to collect the refund (even in cases where transfer fee and/or other expenses are higher than the actual amount of refund), any of the other losses already described above, and others.
These limitations of liability apply even if MBAbullshit.com has been expressly advised in advance of inaccuracy and/or potential loss.
In the case of membership, you accept and agree that only one person shall use a particular account unless otherwise stated. You further agree that it is your responsibility to keep your own username, password, email address secure to prevent it from being used by other people.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that MBAbullshit.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against MBAbullshit.com’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect MBAbullshit.com’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as MBAbullshit.com.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
This website disclaimer
1) We do NOT sell your name and email address to any 3rd party or “spam” service, nor do we willfully share this information with anyone outside, including our affiliate or marketing partners, if any.
2) If you sign up for video access membership, your name, username, email address, and i.p. address are stored with us automatically using the Wishlist Member plugin by Wishlist Products, which has stated to us that they are compliant with the European Union’s General Data Protection Regulation (GDPR), which from our understanding is even stricter than USA privacy regulations.
6) If you sign up for our newsletter, this is handled by Aweber.com which from our best understanding is compliant with the European Union’s General Data Protection Regulation (GDPR), which from our understanding is even stricter than USA privacy regulations.
7) If at any time you would like to know what information we are storing or would like us to delete any of your information stored, you may send an email request to PremiumInfo(att)MBAbullshit(dott)com
8) MBA Bullshit may use legal and/or available information of an individual and/or his/her location from internal/external sources, usually but not limited to cases of dispute or suspected/claimed fraudulent purchases/usage (including but not limited to suspected consumer fraud, chargeback fraud, “serial” refunding, free-trial abuse using multiple identities, and the like).
More Terms and Conditions:
Terms of Service
Welcome, and thank you for your interest in MBAbullshit.com (“MBAbullshit” “us” or “we”) and our services made available through the websites (the “Website” or the “Site”) and the online or mobile applications and tools (collectively, the “Apps,” together with the Site, the “Service”). The following Terms of Service are a legally binding contract between you and MBAbullshit regarding your use of the Service. MBAbullshit.com is owned and operated by Bull Speed Ahead Pte Ltd., a Singapore Corporation.
MBAbullshit is a platform and technology solution that provides distance learning students (“Students”) with the ability to engage with independent contractor course instructors (the “Instructors” or “Service Providers”, together with Students, the “Users”) who provide live or recorded instruction, tutoring, and learning services (the “Courses” or our “Services).
THE FOLLOWING TERMS OF SERVICE ARE A LEGALLY BINDING ON ALL USERS INCLUDING, WITHOUT LIMITATION, THE STUDENTS AND INSTRUCTORS.
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 OF SERVICE (“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 ALL OF THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND THE CLASS ACTION WAIVER YOU MAY NOT ACCESS OR USE THE SERVICE.
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.
Your Compliance with this Agreement
Eligibility for Our Service
You must be at least eighteen (18) years of age to use the Service. By agreeing to the Terms, you represent and warrant to us: (a) that you are at least eighteen (18) years of age, (b) that you have not previously been suspended or removed from the Service, and (c) that your registration and your use of the Service are in compliance with any and all applicable laws and regulations.
Your Access and Use of our Services
You agree that you are solely responsible for all telephone charges, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
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; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services. You shall not use any communication systems provided on our Services (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
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. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice. You further agree that if you so request for a refund for a period of disrupted services, the amount of refund (if granted out of MBAbullshit.com’s discretion) shall only be in an amount proportional only to the period of disruption in relation to the entire membership fee and membership billing cycle, and nothing more.
Accounts and Registration
When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you agree to immediately notify us.
You acknowledge and agree that you are solely responsible for your decisions made on or through the use of the Website. Our Services, provide a venue through which you can obtain Course instruction and information and you can find or be introduced to third-party service providers including, but not limited to Instructors (“Service Providers”). You acknowledge and agree that you rely on your own judgment in selecting any services or products offered by the Service Providers or the Instructors.
a) User Content Generally. Certain features of the Service may permit users to post content, including photos, video, images, folders, data, text, text messages, online messages, reviews, and other types of works (collectively called, “User Content” or “Course Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.
b) Limited License Grant to MBAbullshit. By posting User Content or Course Content, you grant MBAbullshit a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by MBAbullshit may be without any compensation paid to you.
c) Limited License Grant to Other Users and Students. By posting and sharing User Content or Course Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content or Course Content as permitted by these Terms and the functionality of the Service.
d) User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
1) You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize MBAbullshit and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you and in the manner contemplated by MBAbullshit and these Terms;
2) Your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
Intellectual Property Rights
Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”), are owned by MBAbullshit. You may not use the Proprietary Marks without our 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 information, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, ” Our Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to, us or 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 (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. 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 resulting from your infringement of our or any Instructors or third-party’s intellectual property rights regarding the Copyright, 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.
Use of Our Content
We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work provided, however, you shall not delete any proprietary notices or materials with regard to the foregoing. You may not modify the 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 the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our prior written permission.
When you visit our Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. 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.
YOUR USE OF THE SERVICES INCLUDES THE ABILITY TO ENTER INTO AGREEMENTS AND/OR TO MAKE TRANSACTIONS, INCLUDING PAYMENTS OR PURCHASES, ELECTRONICALLY. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. 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 PAYMENTS, PURCHASES, NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. IN ORDER TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MAY BE REQUIRED TO HAVE CERTAIN HARDWARE AND SOFTWARE, WHICH ARE YOUR SOLE RESPONSIBILITY.
All purchases of Services are made using the built-in purchasing mechanism. The prices for Services are provided on our Order Page. You are responsible for any taxes in connection with your purchase.
While it is MBAbullshit’s intent to maintain accurate descriptions of Services, we do not warrant that Course descriptions, photos, videos, pricing or other MBAbullshit content are accurate, complete, reliable, current, or error-free.
The fees applicable for the Service (“Fees”) are available on the Site. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You are responsible for any taxes and for all other charges incidental to using the Services (for example, data charges and currency exchange settlements).
We’ll notify you in advance, either through the Service or to the email address you have most recently provided to us, if we change the price of the Service.
You authorize us to charge you for the Service using the built-in purchasing mechanism and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. You must keep all information in your billing account current. You can access and modify your billing account information on the Site or in the App. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.
Location Information; Consent to Use of Data and Mobile Communications
Your use of a mobile App to access our Services may implement a location feature whereby we will automatically collect your geolocation information if you provide your consent. We may also use location information to provide information and advertising to Users. If you want to stop the automatic collection of your location information, you may do so by using the privacy settings in the app and/or on your device and/or by uninstalling the app.
Third Party Links
We respect the intellectual property rights of others. Please notify us by e-mail at PremiumInfo(att)MBAbullshit.com, if you believe that a user of the website or Services has infringed your 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”).
Suspension and Termination
MBAbullshit may, for any reason and in its sole discretion, with or without cause or prior notice and without liability to you, suspend or terminate in whole or in part your account and your access to the Service. MBAbullshit will not be liable to you or any third-party for any such suspension or termination. You may cancel your account at any time by sending an email to PremiumInfo(att)MBAbullshit.com. If you cancel your MBAbullshit account, we may retain all content you provided to the Site.
MBAbullshit is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If MBAbullshit 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), MBAbullshit 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. MBAbullshit will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
Assumption of Risk
YOU ASSUME ALL RISKS WHEN USING THE SERVICE, INCLUDING WITHOUT LIMITATION ALL OF THE RISKS ASSOCIATED WITH INTERACTIONS WITH SERVICE PROVIDERS. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN INTERACTING WITH SERVICE PROVIDERS.
YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAKING YOUR OWN EVALUATIONS, DECISIONS AND ASSESSMENTS ABOUT WHETHER TO ENGAGE SERVICE PROVIDERS TO PERFORM SERVICES OR OTHERWISE INTERACTING WITH SERVICE PROVIDERS. WE HAVE NO OBLIGATION TO CONDUCT ANY SCREENINGS, VERIFICATIONS OR BACKGROUND CHECKS OF SERVICE PROVIDERS; HOWEVER, WE RESERVE THE RIGHT TO DO SO IN OUR SOLE DISCRETION.
Disclaimers; No Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.
WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, MALICIOUS SOFTWARE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY INFORMATION OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.
WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISS DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.
WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. WE DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES. WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
WE MAKE NO REPRESENTATIONS THAT OUR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN YOUR JURISDICTION. IF YOU ACCESS OR USE OUR SERVICES FROM YOUR JURISDICTION, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations 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 LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SERVICE PROVIDERS OR 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 GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
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.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, INCLUDING SERVICE PROVIDERS AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
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 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.
IN THE EVENT THAT ANY LIMITATION ON THE PERIOD OF TIME FOR BRINGING AN ACTION, CLAIM, DISPUTE OR PROCEEDING AGAINST US, LOCATED IN THIS “LIMITATIONS ON OUR LIABILITY” SECTION, IS DETERMINED OR HELD TO BE INAPPLICABLE OR UNENFORCEABLE BY ANY COURT, ARBITRATION PANEL OR OTHER TRIBUNAL, THEN THE STATUTE OF LIMITATIONS FOR REPUBLIC OF SINGAPORE SHALL APPLY TO ANY SUCH ACTION, CLAIM, DISPUTE OR PROCEEDING REFERRED TO FINAL OR BINDING ARBITRATION.
You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless MBAbullshit 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; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. 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.
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.
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.
For any dispute you have with MBAbullshit, you agree to first contact us at PremiumInfo(att)MBAbullshit.com and attempt to resolve the dispute with us informally. If MBAbullshit 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.
a) 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.
b) 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 products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court.
c) 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.
d) Arbitration Procedures
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) and the International Centre for Dispute Resolution (ICDR) Singapore under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The arbitrator will decide the substance of all claims in accordance with the laws of the Republic of Singapore, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
e) 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 by a court located 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.
d) Individuals Named of Legal Dispute
You agree that in the event of any dispute, you shall direct any claim, request for arbitration, and/or lawsuit only at Bull Speed Ahead Pte. Ltd. and not at individuals directing, managing, and/or working for the company. In the event that you violate this provision, you agree to fully indemnify the individual named in your filed dispute in the amount of all legal fees, related expenses, and damages associated with the said dispute. In case this is not possible by law under the nature of the complaint, you agree to direct your dispute solely at the company’s managing director, and at no other individual working for the company. This provision is without prejudice to the company and its individuals rights to filing disputes against each other.
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.
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.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at PremiumInfo(att)MBAbullshit.com.
Last updated: September 1, 2016