Terms and ConditionsThese Terms and Conditions govern the use by any Client of MBA Focus (“Client”) and each of its employees, agents, affiliates and representatives of the Corporate Partner system database and any other information pertaining thereto (collectively, the “Database”) provided by MBA Focus, LLC (“MBA Focus”).
Member Account, Password and Security
Client will receive a password and account designation upon purchase of access to the Database. Client is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under its password or account. Client agrees to immediately notify MBA Focus of any unauthorized use of its password or account or any other breach of security, and will ensure that it exits from its account at the end of each session. MBA Focus cannot and will not be liable for any loss or damage arising from Client’s failure to comply with this provision.
Representations and WarrantiesClient represents and warrants to MBA Focus that (i) it has full legal right, power and authority to agree to these Terms and Conditions and carry out the transactions contemplated hereby; and (ii) these Terms and Conditions have been reviewed by Client and are the lawful, valid and legally binding obligation of Client, enforceable in accordance with its terms.
Other Conduct
Client agrees to abide by the following rules for use of the Database. - Client may not resell, redistribute, repost, or place on any job board, resume bank, or network, or in any database shared by third parties, any resume found on the Database, or charge third parties for access to the Database.
- The Database is to be accessed and used solely by Client and those within Client authorized to engage in direct employment recruitment on behalf of Client and who are registered to use and access the Database.
- The Database may be used solely for lawful purposes, and may not be used in such a manner as to violate any applicable law.
- The Database may not be used for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to MBA Focus or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.
- Client may not use any robot, spider or other automated device to monitor or copy the web pages of the Database or any information provided on the Database without the express written permission of MBA Focus.
Future Use Of The DatabaseMBA Focus reserves the right to modify any features of the Database at any time without advance notice. In the event either Client or MBA Focus terminate any related Agreement between them for any reason, Client remains liable for any fees incurred before such termination is effective. MBA FOCUS MAY, IN ITS SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS DATABASE FOR CLIENT’S FAILURE TO COMPLY WITH THESE TERMS AND CONDITIONS.
ContentMBA Focus does not, and is not in a position to, review, investigate, or confirm the accuracy of information posted by candidates. MBA Focus uses reasonable efforts to ensure that information it provides on the Database will be accurate, but it does not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to the Database. Further, MBA Focus, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Database, regardless of any requests to do so.
Links To Other SitesThe Database may contain links to other websites. MBA Focus has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such links do not necessarily constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services.
OwnershipAll materials on the Database that are created or provided by MBA Focus, including text, graphics, logos, icons, and images, are the property of MBA Focus or its content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Database is the exclusive property of MBA Focus and is also protected by United States and foreign intellectual property laws. Client may download, view, copy, and print the materials on this Database for personal or internal business use only, provided that it does not remove or alter any trademark, service mark, or logo, or any copyright or other intellectual property notices. Except as provided above, Client may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Database, or resell access to the Database, in any form or by any means without the prior written consent of MBA Focus. MBA Focus reserves the right to revoke any of the rights granted in these Terms and Conditions at any time Client violates these Terms and Conditions. Unauthorized use of any material on the Database may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms and Conditions are reserved. The trademarks, service marks, names and logos used on the Database are trademarks, service marks, names and logos of MBA Focus or others.
Equitable ReliefClient acknowledges and agrees that there can be no adequate remedy at law to compensate MBA Focus for the breach of these Terms and Conditions; that any such breach will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, MBA Focus shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms and Conditions, or otherwise.
No Endorsements by MBA FocusNothing in the Database shall be considered an endorsement, representation or warranty with respect to any candidate, whether in regards to experience or otherwise.
No Guaranty Of ResultsMBA Focus is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Database in meeting Client’s employment objectives. MBA Focus does not guarantee that resumes or other information posted by candidates will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason, made by Client or by others about Client.
Disclaimer of WarrantiesTHE DATABASE AND THE INFORMATION ON THE DATABASE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MBA FOCUS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MBA FOCUS MAKES NO WARRANTY THAT (a) THE DATABASE WILL MEET CLIENT’S REQUIREMENTS; (b) THE DATABASE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, “TROJAN HORSES,” OR OTHER MALICIOUS CODE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DATABASE WILL BE ACCURATE OR RELIABLE; OR (d) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE DATABASE WILL BE CORRECTED. No information or advice obtained through the Database, or any other affirmation of MBA Focus, by words or actions, shall constitute a warranty. Client uses any material distributed, downloaded, or accessed from the Database at its own risk and discretion. Client will be solely responsible for any damage to its computer system, loss of data, or loss due to its downloading or reliance upon any such material. MBA Focus assumes no responsibility, and will not be liable for, any damages to Client’s computer equipment, software, or other property as a result of Client’s downloading, viewing, or otherwise using the Database or any material found on the Database, or any other site or database to which the Database is linked, or any damages resulting from Client’s reliance on materials posted on the Database. MBA Focus does not provide refunds for fees paid to it for any reason. MBA FOCUS’ TOTAL LIABILITY TO CLIENT ARISING IN CONNECTION WITH OR UNDER THESE TERMS AND CONDITIONS WILL BE LIMITED TO THE AMOUNT PAID OR PAYABLE BY CLIENT TO MBA FOCUS UNDER THESE TERMS AND CONDITIONS, OR $100, WHICHEVER IS GREATER.
Disclaimer Of Consequential DamagesIN NO EVENT SHALL MBA FOCUS BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON MBA FOCUS HEREUNDER OR IN CONNECTION HEREWITH; (b) THE USE OF OR INABILITY TO USE THE DATABASE; AND (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DATABASE OR ELSEWHERE, OR CLIENT’S RELIANCE ON THE SAME. “Consequential damages” include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against Client, or damages or losses sustained as the result of any decision regarding Client’s employment of any person whose resume was posted on the Database. MBA Focus shall not be liable for any failure to perform under these Terms and Conditions where such failure results from any cause beyond the reasonable control of MBA Focus, including, but not limited to, mechanical, electronic, or communications failure or degradation. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO CLIENT.
IndemnityClient agrees to indemnify and hold harmless MBA Focus, its affiliates, successors, advisors and licensors, and their respective directors, officers, managers, members, shareholders, employees and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from its violation of these Terms and Conditions, or the failure to fulfill any obligations relating to its account incurred by Client or any other person using Client’s account, or for any third party claims arising as a result of Client’s use of the Database or reliance upon any information found on the Database. MBA Focus reserves the right to take over the exclusive defense of any claim for which MBA Focus is entitled to indemnification under this Section. In such event, Client shall provide MBA Focus with such cooperation as is reasonably requested by MBA Focus.
Governing LawThese Terms and Conditions shall be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of laws principles. Except as set forth in the “Equitable Relief” provision of these Terms and Conditions, the sole jurisdiction and venue of any action related to these Terms and Conditions shall be the Ohio state courts and the United States federal courts in Franklin County, Ohio, and Client agrees to submit to personal and exclusive jurisdiction of these courts.
General ProvisionsAll the terms of these Terms and Conditions shall apply to and bind the assignees and successors in interest of Client and MBA Focus. These Terms and Conditions are not assignable by Client without MBA Focus’s prior written consent. The waiver by MBA Focus of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms and Conditions is held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms and Conditions.
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