Last Modified 23 December, 2008
Description of Service
The Sites allow users to research, review, purchase, and/or order variousbusiness services, workshops and business publications featured on the Sites(collectively, "Products"), including, but not limited to, books,workbooks, monographs, white papers, seminars and workshops. The services,features and products that MNSA offers to users on the Sites may be referred toherein collectively as the "Services". Unless explicitly statedotherwise, any new features or offerings on the Sites in the future that areadded to or that augment or enhance the Services shall be considered part ofthe Services and subject to the Terms.
If you make a purchase from the MNSA Sites, you are transacting with MNSA,CV, and ownership of any purchased items transfers to you immediately uponshipment. You agree that neither MNSA nor its affiliated companies shall beresponsible for or liable for any loss or damage of any sort incurred as theresult of any purchases made from any third-parties advertised on or linked tofrom the MNSA Sites.
The purchase and download of any product or service, including workbooks,monographs, whitepapers, and the like, from the MNSA Sites, is non-refundableand may not be returned. All sales of downloadable material are final.
You may be required to register for an account on the Sites in order totake advantage of certain features of the Sites, such as purchasing Products, orusing an online shopping cart,. If you choose to register on the Sites, or ifyou otherwise provide information on the Sites, you agree to (a) provide true,accurate, current and complete information about yourself as prompted by theSites, and (b) as permitted, maintain and promptly update such information tokeep it true, accurate, current and complete. If you provide any information toMNSA that is false, inaccurate, outdated or incomplete, or MNSA has reasonablegrounds to suspect that such information is false, inaccurate, outdated orincomplete, MNSA has the right to suspend or terminate your account and toprohibit any and all current or future use of the Services (or any portionthereof) by you.
Materials on the Site, Proprietary Use
You acknowledge that all materials on the Sites, including, but not limitedto, design, graphics, text, pictures, software and other files, and theselection and arrangement thereof (the "Materials"), are subject toand protected under copyright, trademark and/or other intellectual propertylaws and rights. All copyrighted and copyrightable Materials are owned by MNSAand/or its suppliers or licensors, all rights reserved. MNSA authorizes you toview and download the Materials only for personal, non-commercial use, providedthat you keep intact all copyright and other proprietary notices contained inthe original Materials.
Except as stated herein, you may not copy, reproduce, distribute,republish, translate, download, perform, display, post, transmit, frame, orotherwise use any of the Materials in any form or by any means (e.g. electronic, mechanical, photocopying,recording, or otherwise), without the prior written permissionof MNSA or the respective intellectual property owner. You may not modify oradapt the Materials in any way or otherwise use them for any public orcommercial purposes. You may not interfere or attempt to interfere with theproper working of the Sites, and you may not use any robot, spider, data miner,scraper, or other automated means to access the Sites for any purpose.
The trademarks, service marks, trade names, trade dress and logos (collectively,"Marks") contained or described on the Sites (including, withoutlimitation, MNSA, MNSACHANNELS, and any Marks associated with any Products(e.g. PPP, PIP, PIF, PEP, PIQ, PSP, PRP)) are the sole property of MNSA and/orits suppliers and licensors and may not be copied, imitated, framed, orotherwise used, in whole or in part, without the prior written permission ofMNSA or its suppliers or licensors. In addition, all page headers, customgraphics, button icons and scripts are Marks of MNSA and may not be copied,imitated or otherwise used, in whole or in part, without the prior writtenpermission of MNSA. MNSA will enforce its intellectual property rights to thefullest extent of the law.
In the event that we provide users with any venues to submit opinions,reviews, ratings, information, ideas, suggestions, concepts, videos, audiocontent, or other material (collectively, "Submissions") on the Sites(collectively, "Venues", and including, but not limited to, bulletinboards, chat rooms, surveys or invitations to e-mail MNSA with questions orcomments), you agree and warrant that any such Submissions are original withyou and are accurate and current. You agree and warrant that you will notsubmit any Submission that is unlawful, harmful, harassing, threatening,abusive, hateful, libelous, defamatory, obscene, pornographic, profane, vulgar,indecent, sexually explicit or otherwise objectionable, or that wouldconstitute a criminal offense, give rise to civil liability, violate any thirdparty's rights of privacy or publicity or otherwise violate any applicable lawor right. You agree and warrant that you will not submit any Submission that isprotected by copyright, patent, or other proprietary rights without obtainingpermission of the owner of such rights. You agree and warrant that the Venueswill not be used by you for any commercial purposes. You agree and warrant thatyou will not submit any Submission to solicit funds or to promote, advertise,or solicit the sale of any goods or services. You further agree that all"moral rights" that you may have in any submitted content have beenvoluntarily waived by you.
You agree that any Submissions submitted by you to the Sites through theVenues or otherwise will be deemed non-proprietary and non-confidential, andmay be used by MNSA without restriction. Without limiting the foregoing, byoffering any Submissions through the Sites, you grant to MNSA the worldwide,perpetual, royalty-free, irrevocable, nonexclusive right and license to reproduce,modify, edit, publish, display, perform, adapt, distribute, sublicense andotherwise use and exploit such Submissions (and any and all proprietary rightstherein that you may have) in any and all forms and media, now or hereafterdiscovered, without compensation or attribution to you.
MNSA reserves the right, in our sole discretion, to edit any Submission,and to choose to include or not include such Submission in any Venue for anyreason. We are not responsible for screening, monitoring or verifying anySubmissions. Any opinions, statements or other material expressed or posted bythird parties are those of such third parties and not of MNSA. MNSA does notendorse, and shall not be responsible or liable for, any such opinion,statement or other material posted on or accessible through the Sites.
Links and Third Party Content
Without limiting the foregoing, your correspondence or business dealingswith, consumption of products or services of, or participation in promotionsof, third-parties found on or through the use of the Services, including paymentfor and delivery of related goods or services, and any other terms, conditions,warranties, or representations associated with such dealings, are solelybetween you and such third party. You agree that neither MNSA nor itsaffiliated companies shall be responsible or liable for any loss or damage ofany sort incurred as the result of any such dealings or as the result of thepresence of such third-parties on the MNSA Sites.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITES AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITES ANDSERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, MNSA, ITS PARENTAND SUBSIDIARY COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEESAND OTHER REPRESENTATIVES (COLLECTIVELY, THE "MNSA PARTIES")EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, MNSA MAKES NO WARRANTYTHAT (i) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITESAND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THERESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BEACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUREXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITESAND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTSFROM THE DOWNLOAD OF ANY SUCH MATERIAL.NO ADVICE OR INFORMATION, WHETHER ORALOR WRITTEN, OBTAINED BY YOU FROM MNSA OR THROUGH OR FROM THE SITES AND/ORSERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLYUNDERSTAND AND AGREE THAT MNSA PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDINGBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHERINTANGIBLE LOSSES (EVEN IF MNSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES ORSERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICESRESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINEDOR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES ORSERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS ORDATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR INCONNECTION WITH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SITES ORSERVICES.
If you are dissatisfied with any MNSA material, or with any of MNSA's termsand conditions, your sole and exclusive remedy is to discontinue using MNSA’sSites and Services.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THELIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold MNSA and its parent and subsidiarycompanies harmless from any claim or demand, including reasonable attorney'sfees, made by any third party due to or arising out of your breach of the Termsor your violation of any law or the rights of a third party.
MNSA reserves the right, without notice and at its sole discretion, tosuspend or terminate the Terms and/or your ability to access or use the Sitesand/or Services, and to block or prevent future access to and use of the Sitesand/or Services for any reason, including your breach of the Terms or otherconduct by you that MNSA considers inappropriate. MNSA reserves the right atany time and from time to time to modify or discontinue, temporarily orpermanently, the Sites and/or Services (or any part thereof) with or withoutnotice. You agree that neither MNSA nor any of its parent or subsidiarycompanies shall be liable to you or to any third party for any modification,suspension or discontinuance of the Sites and/or Services.
Dealings with Advertisers
Your correspondence or business dealings with, or participation inpromotions of, advertisers or third-parties found on or through the use of theSites and/or Services, including payment for and delivery of related goods orservices, and any other terms, conditions, warranties or representationsassociated with such dealings, are solely between you and such advertisers orthird-parties. You agree that neither MNSA nor its parent or subsidiarycompanies shall be responsible or liable for any loss or damage of any sortincurred as the result of any such dealings or as the result of the presence ofsuch advertisers or third-parties on the Services.
The Terms shall be exclusively governed by and construed in accordance withthe laws of the State of
By use of the Sites and/or Services, you consent to receive electroniccommunications from MNSA (via email or via a posting on the Sites), and youagree that any such communications satisfy any legal requirement to make suchcommunications in writing.
If you have any comments or questions regarding these Terms of Service, orwish to report any violation of these Terms of Service, please contact us at email@example.com. We will addressany issue to the best of our abilities as soon as possible.