1. General terms
MyMBACircle provides this Site to users seeking mentoring services (“Applicants”) and to users seeking to provide mentoring services (“Mentors”), and to any other entity on whose behalf users accept these Terms. The term “you” or “You” or “User” or “Users” shall refer to Applicants, Mentors or any person or entity who views, uses, accesses, browses or submits any content or material to the Site. These Terms are entered into by and between MyMBACircle and you, and you accept them by: (a) contracting for mentoring lessons through the Site; (b) using the Site in any other manner; and/or (c) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
Information we collect is information you provide to us
Information we collect automatically
Information we collect from other sources
We may also obtain information from other sources and combine that with information we collect through the Service. For example, we may collect information about you from other users, identity verification services, credit bureaus, mailing list providers and publicly available sources. If you log into your account through sign-in services, like Facebook Connect or Google Authenticator, you provide MyMBACircle with permission to access certain information about you such as your Facebook User ID, user profile, friends list, user graph and profile picture. User generated content posted through certain social networking preferences (e.g. pages you “Like” or “Follow”) may be viewed by the general public. Accordingly, MyMBACircle cannot ensure the privacy of any PII included in such User generated content.
Data transmission and storage
We take steps to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially reasonable means to protect your Personal Information, we cannot guarantee its absolute security. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances.
We use paypal as our payment collection method. They have a separate policy associated with your account. All financial information is transacted through paypal and we have no control over their terms, policies, and privacy, as such you agree not hold Mymbacircle accountable for paypal’s actions.
Use of Personally Identifiable Information
MyMBACircle does not disclose or sell your PII without your consent. We may use PII or other personal information you specifically give to us: a) to provide services to you through the System, b) to process transactions and billing, c) for identification and authentication purposes, d) to communicate with you concerning the System, transactions, security, privacy and administrative issues relating to your use of the System, e) to improve your response to and interaction with the System, f) process and deliver contest and sweepstakes entries and rewards and verify eligibility; g) to do something you have asked us to do, or tell you of services that we think may be of interest to you; h) in the case of feedback of an applicant, we will transmit it as you ask us to; i) personalize and improve the Service and deliver and display targeted advertisements on our Service, content or features in the Service and on other sites or apps; and j) for administration of and troubleshooting regarding the System. Certain third parties who provide technical support for the operation of the System may need access to such information from time to time but are not permitted to disclose such information to others. MyMBACircle shares a minimum amount of information between mentors and applicants in order to facilitate the arrangement of mentoring sessions. We reserve the right to release non-personally identifiable information collected in aggregate, however.
If you choose to use our referral service, to tell a friend about our Service, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to visit the Site and up to two reminders. MyMBACircle Inc. stores this information for the sole purpose of sending this one-time email and reminders and tracking the success of our referral program. Your friend may contact us email@example.com to request that we remove this information from our database.
This Service is not intended for use by children under 18 years of age.
MyMBACircle does not knowingly collect personally identifiable information from children under the age of 18. If you are under the age of 18, please do not provide your contact information or any other personally identifiable information to MyMBACircle. If you are the parent or legal guardian of someone under the age of 18 who may have provided us with information without your knowledge or consent, please contact us to have this information removed.
Legal requests and business transfers
Please remember to help keep the Site secure by never sharing your username or password. If you think your password may have been compromised, please change it immediately or contact MyMBACircle for additional assistance.
MyMBACircle may send you email communications periodically detailing new features or promotions on the Site. You may unsubscribe from these messages by using the link at the bottom of the email. We may also send you email messages about the status of your account or any notices as required by law. You may not opt-out of receiving these administrative emails so long as you continue to use this voluntary service. If you wish to terminate your account, please contact us.
Your California Privacy Rights
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to firstname.lastname@example.org.
The Site offers a marketplace for those seeking mentoring services to connect with those seeking to provide mentoring services. As independent contractors hired by Applicants, Mentors control the methods, materials and all aspects of the sessions.
Applicants are responsible for selecting the right mentor for their needs. In making hiring decisions, Applicants should review and investigate each mentor’s self-reported credentials, education, and experience through LinkedIn.
4. Academic honesty
You acknowledge and agree that MyMBACircle’s services are provided for the purpose of facilitating application advice, not cheating. You agree not to inquire about the hiring of or to hire mentors to complete assignments, write essays, or otherwise do work on your behalf. Further, you agree not to use MyMBACircle’s services for any purpose that violates the academic honesty policy or other conduct policies of your school, university, academic institution or workplace.
5. Your obligations and conduct
In consideration of your use of the Site, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf; (b) to provide accurate, current, and complete information about you as may be prompted by a registration form on the website (“Registration Data”); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to MyMBACircle, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Site or the services or submit Content to the Site if you are under the age of 18.
You are entirely responsible for all Content that you upload, post, or otherwise transmit through your use of the Site (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to MyMBACircle or other users of the website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. MyMBACircle reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary.
You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that MyMBACircle, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
- Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
- Use the Site for any purpose that is in violation of local, state, national, or international law, including without limitation wage/hour and working condition laws and regulations;
- Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
- Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
- Take any action that would undermine any aspect of the Site;
- Attempt to gain unauthorized access to the Site, other User accounts, or other device, computer system or networks connected to the Site;
- Advertise or offer to sell any goods or services for any commercial purpose on the Site that are not appropriate or relevant to the Site;
- Impersonate another person or allow any other person or entity to use your user name, password or membership;
- Post the same content repeatedly or spam – spamming is strictly prohibited;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed through the Site;
- Access, download, or copy any information, content and/or materials from the Site through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots, web spoofing, URL rewriting or other such means);
- Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site; or
- Restrict or inhibit any other user from using and enjoying the Site.
By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions (“Eligibility Conditions”) for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of any nature, including any felony or misdemeanor of any kind, including without limitation any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony or misdemeanor charges of any kind, including without limitation sexual, child abuse or domestic violence offenses.
By using the Site, you understand and agree that MyMBACircle may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that MyMBACircle may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize MyMBACircle to verify the above representations and warranties by you and you acknowledge and agree that MyMBACircle shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You further agree that MyMBACircle may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that you have violated any representation or warranty.
The preceding paragraph notwithstanding, you understand and agree MyMBACircle does not conduct background checks of any User and that mentors were subjected to a background check upon admission to their MBA programs, but no additional background checks have been completed. You also understand and agree MyMBACircle neither confirms nor denies the validity of information provided by Users and that MyMBACircle does not verify that any or all of the Eligibility Conditions are met by Users. You understand and agree to make your own decisions and assessments about persons to engage and that – IT IS YOUR SOLE RESPONSIBILITY TO CONDUCT ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS.
MyMBACircle expressly disclaims, and you expressly release MyMBACircle from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User’s Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
MyMBACircle reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to MyMBACircle in its sole discretion. Alleged improprieties by any User may be reported to MyMBACircle by email at email@example.com.
6. Third party reports
You hereby consent to MyMBACircle collecting, using and disclosing the information in the consumer reports. You understand and agree that MyMBACircle may, in its sole discretion, review and rely on the information in the consumer reports in deciding whether to suspend or terminate a User or to investigate a complaint about a User, but that MyMBACircle shall not be responsible or liable in any way in the event that any information in the consumer reports about any person, including without limitation any User, is not accurate, timely or complete. Users who are the subject of consumer reports may contact the service provider to dispute the accuracy, timeliness or completeness of such information. MyMBACircle reserves the right to suspend and/or terminate User based on information in the consumer reports or for any other reason in MyMBACircle’s sole discretion.
7. Confidentiality of MyMBACircle information
You may obtain direct access via the Site to certain confidential information of MyMBACircle and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with MyMBACircle and its affiliates.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from MyMBACircle, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to MyMBACircle adequate to afford MyMBACircle the opportunity to object to the disclosure.
8. Content submitted to the site
MyMBACircle does not claim ownership of the Content that you place on the website and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, any Content that you provide in connection with this website shall be deemed to be provided on a non-confidential basis. MyMBACircle shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and you grant MyMBACircle an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among MyMBACircle, its affiliates, and third-party providers of any information that you may provide on the Site.
9. Terms of transacting business
MyMBACircle is free to join, and there are no charges to review Mentor profiles. Instead, MyMBACircle collects fees for mentorship that is completed via the Site. All fees are non-cancelable and non-refundable. If you have further questions about MyMBACircle’s fees, please contact us at firstname.lastname@example.org.
MyMBACircle functions as the payment processor for amounts you pay to Mentors for Services on the Site. You agree to pay MyMBACircle any fees you incur on the Site, and hereby authorizes MyMBACircle to charge you in the form of payment mutually agreed to between you and MyMBACircle for such fees. MyMBACircle’s fees do not include any taxes of any nature. You are responsible for paying all taxes related to the Site, excluding only taxes based on MyMBACircle’s income, property or employees.
Mentors are responsible for reporting any users who try and book time with mentors outside of the platform. As a user you acknowledge that MyMBACircle may terminate your account based on the action of soliciting mentorship from one of our mentors off of the platform.
11. Mentors Conflict of Interest Mitigation
Mentors are responsible/liable for any conflict of interest that they may have with being on the platform and with their universities, workplaces, other services they render etc. MyMBACircle is not liable from any financial or non-financial penalties or actions that may arise from the aforementioned conflict.
12. Advertisements and promotions
MyMBACircle may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than MyMBACircle found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. MyMBACircle is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-MyMBACircle advertisers on the Site.
13. Content provided via links
You may find links to other websites or resources on the Site. You acknowledge and agree that MyMBACircle is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. MyMBACircle will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. Intellectual property rights
MyMBACircle grants you permission (which may be revoked at any time for any reason or no reason) to use the Site for the services as provided herein and in accordance with these Terms and solely for your own personal, non-commercial use (except as provided herein), provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. Except as specifically authorized by MyMBACircle, you may not deep-link to the Site for any purpose or access the Site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Site or any information, content, or material on the Site. MyMBACircle reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Site or any content contained therein, whether in whole or in part, without prior written consent from MyMBACircle. You may like or follow MyMBACircle or share links to the Site via social networking technology referenced on the Site. Any rights not expressly granted herein are reserved.
Except as expressly authorized by MyMBACircle or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software MyMBACircle discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
“MyMBACircle Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations MyMBACircle uses in connection with its products and services. You may not remove or alter any MyMBACircle Trademarks, or co-brand your own products or material with MyMBACircle Trademarks, without MyMBACircle’s prior written consent. You acknowledge MyMBACircle’s rights in MyMBACircle Trademarks and agree that any use of MyMBACircle Trademarks by you shall inure to MyMBACircle’s sole benefit. You agree not to incorporate any MyMBACircle Trademarks into your trademarks, service marks, company names, internet addresses, domain names, or any other similar designations, for use on or in connection with computer or internet-related products, services or technologies.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by MyMBACircle on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “used with permission”) is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this document. Upon termination, you must immediately destroy any downloaded and/or printed Content.
15. Copyright Infringement
MyMBACircle respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with MyMBACircle and the Site, you may not post, modify, distribute, or reproduce in any way any Content that is copyrighted material belonging to others, without obtaining their prior written consent. MyMBACircle reserves the right, in its discretion, to remove any Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Users who we believe to be infringers.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or material hosted on the Site infringes your copyright, you (or your agent) may send MyMBACircle. a notice requesting that the content or material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MyMBACircle to locate the content or material within the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the content or material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. MyMBACircle’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: email@example.com
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
16. Termination and suspension
MyMBACircle reserves the right to suspend and/or terminate any user with or without notice at any time in its sole discretion, for any reason or no reason. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
17. Disclaimer of warranties
USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. MYMBACIRCLE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. MYMBACIRCLE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
MYMBACIRCLE MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM MENTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
18. Limitation of liability
THE SITE OFFERS A MARKETPLACE FOR THOSE SEEKING MENTORING SERVICES TO CONNECT WITH THOSE SEEKING TO PROVIDE MENTORING SERVICES.
YOU UNDERSTAND AND AGREE THAT MYMBACIRCLE HAS NO CONTROL OVER THE ACTS OR OMISSIONS OF ANY USER ON OR OFF THE SITE AND THAT MyMBACircle MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY OF THE SERVICES PROVIDED BY ANY USER. YOU UNDERSTAND AND AGREE THAT MYMBACIRCLE IS NOT RESPONSIBLE FOR THE PERFORMANCE OR CONDUCT, WHETHER ON OR OFF THE SITE, OF ANY USER. AS SUCH, MYMBACIRCLE EXPRESSLY DISCLAIMS, AND EACH USER EXPRESSLY RELEASES MYMBACIRCLE FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SITE, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ON OR OFF THE SITE.
USERS OF THE SITE TRANSACT BETWEEN THEMSELVES. MYMBACIRCLE WILL NOT BE INVOLVED IN ANY USER INTERACTIONS. MYMBACIRCLE IS NOT RESPONSIBLE FOR DISPUTES, CLAIMS, LOSS, INJURY, OR DAMAGE OF ANY KIND THAT MIGHT ARISE DURING AND AFTER USER INTERACTION.
TO THE FULL EXTENT PERMITTED BY LAW, MYMBACIRCLE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF MYMBACIRCLE 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), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL MYMBACIRCLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO MYMBACIRCLE OR A MYMBACIRCLE PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
YOU AND MYMBACIRCLE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND MYMBACIRCLE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 18.
19. Assumption of risk
You agree and understand that you assume all risks when using the Site, including without limitation any and all of the risks associated with any online or offline interactions with other Users. You agree to take all necessary precautions when interacting with other users.
You agree that any material breach of the Terms will result in irreparable harm to MyMBACircle for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, MyMBACircle will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if MyMBACircle seeks such an injunction.
23. Notices; modification and termination of services; amendment of terms
MyMBACircle may provide notice to Users via email, regular mail, or posting notices or links to notices on the Site. MyMBACircle reserves the right at any time to modify, suspend or terminate the services (or any part thereof), and/or use of or access to them, with or without notice. MyMBACircle may also delete, or bar access to or use of, all related information and files. MyMBACircle will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information. MyMBACircle may amend these Terms at any time by posting the amended terms on this Site.
24. Governing law
These Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it shall be governed and construed in accordance with the law of India.
25. Entire agreement
These Terms constitute the entire agreement between you and MyMBACircle relating to their subject matter, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use MyMBACircle or third-party products or services.