Welcome
to our website (the “Website”). The following agreement (the
“Agreement”) contains the terms and conditions that govern your use of
the Website. Your use of the Website constitutes acceptance of the
terms of this Agreement.
If you do not agree with any of these
terms, do not access or otherwise use the Website or any information or
materials contained on Website. Your use of Website shall be deemed to
be your agreement to abide by each of the terms set forth below.
GlobalBusinessProfessor.com owns and operates
Website and reserves the right to add,
delete, and/or modify any of the terms and conditions contained in this
Agreement, at any time and in its sole discretion, by posting a change
notice or a new agreement on the Website. In the event of substantive
changes to this Agreement, the new terms will be posted to the Website
and you may also be notified by email. If any modification is
unacceptable to you, your only recourse is not to use the Website. Your
continued use of the Website following posting of a change notice or
new Agreement on the Website will constitute binding acceptance of the
changes.
1. Use of the Website
1.1. Eligibility.
GlobalBusinessProfessor.com
will
only knowingly provide the Website to parties that can lawfully enter
into and form contracts under applicable law. The Website is not for
children under the age of 18 and any such use is prohibited.
1.2.
Compliance with
the Agreement and Applicable Law. You must comply with
all of the terms and conditions of this Agreement, the applicable
agreements and policies referred to below, and all applicable laws,
regulations, and rules when you use Website.
1.3. Your License to Use the Web Site and
the
Website Service.
1.3.1. GlobalBusinessProfessor.com
owns or licenses all intellectual property
and other rights, title,
and interest in and to Website, and the materials accessible on and/or
through Website. For example, and without limitation, GlobalBusinessProfessor.com
owns
trademarks, copyrights, and certain technology used in providing the
Website. You will not acquire any right, title or interest therein
under this Agreement or otherwise unless expressly provided for herein.
You may not use any GlobalBusinessProfessor.com-owned
and/or GlobalBusinessProfessor.com-licensed
trademark, copyright
protected work, picture, video, or likeness of any GlobalBusinessProfessor.com-employee.
1.3.2. GlobalBusinessProfessor.com grants you a limited revocable license
to access and use the
Website–and any products or services you purchase on the Website—for
its intended purposes, subject to your compliance with this Agreement.
This license does not include the right to collect or use information
for purposes prohibited by GlobalBusinessProfessor.com
or to compete with GlobalBusinessProfessor.com.
If you use
Website in a manner that exceeds the scope of this license or breaches
any relevant agreement, GlobalBusinessProfessor.com
may revoke the license granted to you.
1.4.
Third-Party Services.
1.4.1 GlobalBusinessProfessor.com may provide links on Website to
other
websites that are not affiliated with, under the control of, or
otherwise maintained by GlobalBusinessProfessor.com,
and may use third parties to provide
certain services accessible through Website. GlobalBusinessProfessor.com
does not control those
third parties or their services, and you agree that GlobalBusinessProfessor.com
will not be
liable to you in any way for your use of such services. GlobalBusinessProfessor.com
does not
endorse or make any representations or warranties about third party
sites or any information, software, or other products or services found
there.
2. General Rules
2.1. Prohibited
Use. You may not
cause harm to Website. Specifically, but not by way of limitation, you
may not: (i) interfere with Website by using viruses or any other
programs or technology designed to disrupt or damage any software or
hardware; (ii) modify, create derivative works from, reverse engineer,
decompile or disassemble any technology used to provide Website; (iii)
use a robot, spider or other device or process to monitor the activity
on or copy pages from the Website, except in the operation or use of an
internet “search engine”, hit counters or similar technology; (iv)
collect electronic mail addresses or other information from third
parties by using the Website; (v) impersonate another person or entity;
(vi) engage in any activity that interferes with another user’s ability
to use or enjoy Website; (vii) assist or encourage any third party in
engaging in any activity prohibited by this Agreement; (viii) co-brand
the Website; (ix) frame the Website; (x) hyper-link to the Website,
without the express prior written permission of an authorized
representative of PRO; (xi) use the Website or purchase any product
from the Website in Illinois, Wyoming, South Dakota, or any other
locality in which such activities are inconsistent with applicable laws
and/or regulations; or (xii) use any trademark owned and/or licensed by
GlobalBusinessProfessor.com.
2.2. Privacy
Policy. By entering into this
Agreement, you
agree to GlobalBusinessProfessor.com’s
collection, use, and disclosure of your personal
information in accordance with the Privacy Policy in effect at the time
you provided us with your personal information.
2.3. Ordering
Policies. If you purchase any GlobalBusinessProfessor.com
product and/or service, you agree
that your use of the product or service is limited by this Agreement as
well.
3.
Reservation of Rights
3.1. Monitoring.
GlobalBusinessProfessor.com
reserves the right, but does not assume the obligation, to monitor
transactions and communications that occur through the Website. If GlobalBusinessProfessor.com
determines, in its sole and absolute discretion, that you or another
Website user has or will breach a term or condition of this Agreement
or that such transaction or communication is inappropriate, GlobalBusinessProfessor.com
may
cancel such transaction or take any other action to restrict access to
or the availability of any material that may be considered
objectionable, without any liability to you or any third party.
3.2.
Modification of the
Service. GlobalBusinessProfessor.com
may modify Website and/or the Website
Service at any time with or without notice to you, and will incur no
liability for doing so.
4. Representations and
Warranties
4.1.
Mutual Representations
and Warranties. Each party represents to the
other that: (i) the party has the full power and authority to enter
into and perform under this Agreement, (ii) execution and performance
of this Agreement does not constitute a breach of, or conflict with,
any other agreement or arrangement by which the party is bound, and
(iii) the terms of this Agreement are a legal, valid, and binding
obligation of the party entering into this Agreement, enforceable in
accordance with these terms and conditions.
4.2. By You.
You
represent and warrant to GlobalBusinessProfessor.com
that, in your use of the Website, you: (i)
will not infringe the copyright, trademark, patent, trade secret, right
of privacy, right of publicity or other legal right of any third party;
(ii) will comply with all applicable laws, rules, and regulations;
(iii) will not disrupt or damage any software or hardware; and (iv)
will provide correct, current, and complete billing and contact
information.
5. Disclaimers and
Exclusions
5.1. DISCLAIMER
OF WARRANTIES. GlobalBusinessProfessor.com
PROVIDES THE WEBSITE, ALL CONTENT, AND ALL GlobalBusinessProfessor.com
PRODUCTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. GlobalBusinessProfessor.com
DOES
NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR USE, OR ANY GlobalBusinessProfessor.com
PRODUCT OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE
FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR
(iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE
YOU USE. GlobalBusinessProfessor.com
MAKES NO WARRANTIES OTHER THAN THOSE MADE
EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
5.2.
EXCLUSION OF DAMAGES.
GlobalBusinessProfessor.com
WILL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA
OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE
USE OF WEBSITE AND/OR ANY PRO PRODUCT, BASED ON ANY CAUSE OF ACTION,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Indemnification
6.1.
You must indemnify
and hold GlobalBusinessProfessor.com
and its employees, representatives,
agents, affiliates, directors, officers, managers and shareholders (the
“Parties”) harmless from any damage, loss, or expense (including
without limitation, attorneys’ fees and costs) incurred in connection
with any third-party claim, demand or action (“Claim”) brought against
any of the Parties alleging that you have breached any of provision in
this Agreement through any act or omission. If you have to indemnify GlobalBusinessProfessor.com
under this section, GlobalBusinessProfessor.com
will have the right to control the defense,
settlement, and resolution of any Claim at your sole expense. You may
not settle or otherwise resolve any Claim without GlobalBusinessProfessor.com’s
express written
permission.
7. Termination
7.1. Survival.
Upon termination,
your license to use Website shall terminate and the remainder of this
Agreement shall survive indefinitely unless and until GlobalBusinessProfessor.com
chooses to
terminate them.
8. Notice
8.1. All notices required or
permitted to be given under this Agreement will be in writing and
delivered to the other party by any of the following methods: (i) U.S.
mail, (ii) overnight courier, or (iii) electronic mail. If you give
notice to GlobalBusinessProfessor.com,
you must use the following addresses: GlobalBusinessProfessor.com,
100 W. Big Beaver Rd., Suite 200, Troy, MI., 48084. If GlobalBusinessProfessor.com
provides
notice to you, GlobalBusinessProfessor.com
will use the contact information provided by you to GlobalBusinessProfessor.com.
All notices will be deemed received as follows: (i) if by delivery
by U.S. mail, seven (7) business days after dispatch, (ii) if by
overnight courier, on the date receipt is confirmed by such courier
service, or (iii) if by electronic mail, 24 hours after the message was
sent, if no “system error” or other notice of non-delivery is
generated. If applicable law requires that a given communication be “in
writing,” you agree that email communication will satisfy this
requirement.
9. Miscellaneous
9.1.
This Agreement will be binding upon each party hereto and its
successors and permitted assigns, and governed by and construed in
accordance with the laws of the State of California without reference
to conflict of law principles. This Agreement will not be assignable or
transferable by you without the prior written consent of GlobalBusinessProfessor.com. This
Agreement (including all of the policies and other Agreements described
in this Agreement, which are hereby incorporated herein by this
reference) contain the entire understanding of the parties regarding
its subject matter, and supersedes all prior and contemporaneous
agreements and understandings between the parties regarding its subject
matter. No failure or delay by a party in exercising any right, power
or privilege under this Agreement will operate as a waiver thereof, nor
will any single or partial exercise of any right, power or privilege
preclude any other or further exercise thereof or the exercise of any
other such right, power, or privilege. Any rights not expressly granted
herein are reserved. You
and GlobalBusinessProfessor.com are independent contractors, and no agency,
partnership, joint
venture, or employee-employer relationship is intended or created by
this Agreement. The invalidity or unenforceability of any provision of
this Agreement will not affect the validity or enforceability of any
other provision of this Agreement, all of which will remain in full
force and effect. This agreement is governed by the laws of the State
of California without giving effect to its conflict of law provisions.
You hereby submit to the exclusive jurisdiction of the courts located
in the County of Wayne, State of Michigan, United States of
America, for any dispute arising from and/or relating to this Agreement
and agree that any and all such actions may only be brought before a
court located in the County of Wayne, State of Michigan, United
States of America. If any action at law or in equity is necessary to
enforce the terms of this Agreement, the prevailing party shall be
entitled to reasonable attorneys’ fees and costs, in addition to any
other relief to which the party may be entitled.
9.2. If you have questions or concerns
regarding
this Agreement, contact GlobalBusinessProfessor.com by e-mailing support@globalbusinessprofesor.com
and writing “Agreement” in the subject
line.