Terms of Service.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the MBAPodcaster.com World Wide Web site, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use this Site. We may revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact our Legal Department.

1. Ownership. This Site is owned and operated by MBA Podcaster. All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the “Materials”) are owned either by MBA Podcaster or by its respective third party authors, developers, or vendors (“Third Party Providers”). Except as otherwise expressly provided by MBA Podcaster, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of MBA Podcaster’s intellectual property rights, whether by estoppel, implication, or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. MBA Podcaster does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by MBA Podcaster. Any rights not expressly granted herein are reserved by MBA Podcaster.

2. Limited Permission to Download. MBA Podcaster hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright notice appearing at paragraph 11 below and the trademark notice appearing at paragraph 12 below appears in the Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

3. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than MBA Podcaster (the “Third Party Sites”). MBA Podcaster is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. MBA Podcaster is not responsible for webcasting or any other form of transmission received from any Third Party Site. MBA Podcaster is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MBA Podcaster of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that MBA Podcaster is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

4. Use of the MBA Podcaster “Comments.”The MBA Podcaster Comments (the “Comments”) is a collaborative community where individuals are able to exchange ideas and opinions on MBA Podcaster podcast programs or business-school related comments and questions. Access to and use of the Comments is subject to this paragraph 4, in addition to the other terms and conditions listed.

Rights and Responsibilities of MBA Podcaster:

MBA Podcaster is not the publisher or author of any works posted on the Comments. It is a passive service for storage and dissemination of the ideas and opinions that MBA Podcaster users may choose to post and distribute via the Comments. MBA Podcaster does not screen works before they are posted, and no prior approval is required for posting. MBA Podcaster disclaims all copyright and ownership in such works and all responsibility for them.

Although it cannot make an absolute guarantee of system security, MBA Podcaster takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.

If MBA Podcaster’s technical staff finds that files or processes belonging to a user pose a threat to the proper technical operation of the system or to the security of other users, MBA Podcaster reserves the right to delete those files or to stop those processes. If the MBA Podcaster technical staff suspects a user name is being used by someone who is not authorized by the proper user, MBA Podcaster may temporarily disable that user’s access in order to preserve system security. In all such cases, MBA Podcaster will contact the member as soon as feasible.

MBA Podcaster has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change the content of any Comments posting, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to offensive language and advertisements.

MBA Podcaster reserves the right to refuse service to anyone and to cancel user access at any time.

Rights and Responsibilities of MBA Podcaster Users or Other Posters to the Comments:

You are legally and ethically responsible for any postings – writings, files, pictures, or any other work – that you post or transmit on the Comments (or any other MBA Podcaster service that allows interaction or dissemination of information). In posting to the Comments, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work on the Comments, you are responsible for obtaining the copyright holder’s permission first.

Under United States Federal law, you retain copyright on all works you create and post to the Comments, unless you choose specifically to renounce it. In posting a work on the Comments, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to MBA Podcaster to copy your works as part of the normal backup process. You have the right to remove any of your works from the Comments at any time.

The use of your MBA Podcaster user account or posting on the Comments for any illegal activity under the laws of California and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside MBA Podcaster’s locality or your own residence. MBA Podcaster is open to members worldwide (and works published on the World Wide Web, Usenet, or other such services are accessible to anyone on the Internet), and MBA Podcaster cannot guarantee that you won’t run into legal trouble from other jurisdictions over your posting.

Your Rights and Responsibilities as a MBA Podcaster User and Reader of Postings on the Comments:

You are not required to provide your real name when signing up as a user of MBA Podcaster. MBA Podcaster permits anonymous or pseudonymous accounts. Any user may request that such member’s e-mail address be hidden to provide for additional privacy.

If you have a complaint about the behavior or posts of another user, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly, if possible. Normally, MBA Podcaster staff will not take a role in mediating conflicts between you and other users. MBA Podcaster does not take responsibility for your behavior or that of other users. Notwithstanding the foregoing, should such a complaint or conflict arise, the user or users may request that MBA Podcaster moderator intervene and attempt to resolve any dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other, or (iv) successfully resolve the situation. The decision to intervene rests with MBA Podcaster, in its sole and absolute discretion.

Your access to the postings that users have posted on the Comments is for your personal use only. If you want to redistribute postings you find on the Comments, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

5. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MBA PODCASTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

MBA PODCASTER MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MBA PODCASTER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

6. LIMITATION OF LIABILITY. IN NO EVENT SHALL MBA PODCASTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF MBA PODCASTER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

7. Indemnification. You agree to defend, indemnify and hold harmless MBA Podcaster, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

8. Unsolicited Submissions. MBA Podcaster does not want you to submit confidential or proprietary information to it through this Site. All comments, feedback, information or material submitted to MBA Podcaster through or in associate with this Site shall be considered non-confidential and MBA Podcaster’s property. By providing such submissions to MBA Podcaster you hereby assign to MBA Podcaster, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. MBA Podcaster shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

9. Compliance with Export Restrictions. You may not access, download, use or export the Site or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.

10. Children. Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

11. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California , excluding its choice of law rules. Any legal action or proceeding relating to your access to or sue of the Site or Materials shall be instituted in a state or federal court in California, and in the County of Los Angeles. You and MBA Podcaster agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

12. Copyrights. All Site design, text, graphics, *.mp3 files, sound files, the selection and arrangement thereof, Copyright © 2005-2006, MBA Podcaster. ALL RIGHTS RESERVED.

13. Trademarks. MBA Podcaster, MBAPodcaster.com, the bi-colored “audio broadcast wave” logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of MBA Podcaster. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

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