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NextStep ‘MBA’ PLATFORM Terms and Conditions

 

IMPORTANT NOTICE. THIS IS A BINDING LEGAL DOCUMENT. PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE OR APPLICATION, OR SUBMITTING ANY PERSONAL INFORMATION. YOU AGREE TO THESE TERMS BY USING THE WEBSITE OR ACCESSING OUR CONTENT.

 

  1. Who’s who?

NextStep ‘MBA’ refers to AccelerateHER, LLC d/b/a NextStep ‘MBA’, a Virginia limited liability company. When “NextStep ‘MBA’” or “We” or “Us” or “Our” are used in these terms and conditions, it is a reference to NextStep ‘MBA’ and any third-party facilitators NextStep ‘MBA’ may use. The “NextStep ‘MBA’ Platform” refers to this website and all applications and content provided by NextStep ‘MBA’. The NextStep ‘MBA’ Platform and its content is designed to comply with U.S. laws and regulations. “You” or “Your” refers to the person using an account created on the NextStep ‘MBA’ Platform. If you are using the NextStep ‘MBA’ Platform as part of your job, or on behalf of your employer, “You” or “Your” also refers to your employer.

 

  1. Agreeing to these Terms

You agree to these terms and conditions (these “Terms”) by creating an account on the NextStep ‘MBA’ Platform, downloading any application or content provided by NextStep ‘MBA’ or through the NextStep ‘MBA’ Platform, or by using any portion of the NextStep ‘MBA’ Platform that is accessible without an account. When you agree to these Terms, You are also agreeing to the terms and conditions in the NextStep ‘MBA’ Privacy Policy (available at http://www.accelerateher.com/privacy-policy/) (the “Privacy Policy”).

 

By accepting these Terms and the Privacy Policy, You are entering into a binding legal agreement with NextStep ‘MBA’. Any use of the NextStep ‘MBA’ Platform will constitute acceptance of these Terms and the Privacy Policy, including, but not limited to, accessing content on the this website, creating an account on the NextStep ‘MBA’ Platform, providing Personal Information (as defined in the Privacy Policy), downloading documents from the NextStep ‘MBA’ Platform, uploading documents to the NextStep ‘MBA’ Platform or otherwise taking advantage of the content of the NextStep ‘MBA’ Platform (either through a web browser or other software), or clicking an “I Agree” button or checking a terms and conditions checkbox. If You do not accept these Terms and the Privacy Policy, You may not use the NextStep ‘MBA’ Platform or access any content on the NextStep ‘MBA’ website other than the home page.

 

  1. The Program

3.1 NextStep ‘MBA’ and its affiliates provide the NextStep ‘MBA’ Platform to women business owners or those interested in starting a women-owned business to allow them to receive educational content through the NextStep ‘MBA’ Platform and enjoy an interactive learning experience (the “Program”). Completion of the Program will not result in a Master of Business Administration degree.

3.2 NextStep ‘MBA’ agrees to provide a Program with the following services:

3.2.1 Training on the role of a chief executive officer (which may include webinars, videos, podcasts, articles) and exercises.

3.2.2 Financial understanding training (which may include webinars, videos, podcasts, articles) and exercises.

3.2.3 Provide guidance on Board of Advisor selection and Board of Advisors best practices.

3.2.4 Provide guidance on developing and maintaining a support network of peers.

3.3 You agree to the following:

3.3.1 After agreeing to the Terms of this Agreement and upon request, You will deliver to NextStep ‘MBA’ financial statements and information for Your business for the year most recently ended and interim financial statements and information for the current year, including year to date gross revenue.

3.3.2 You will provide annual financial statements and information to NextStep ‘MBA’ once per year for the three (3) years after the end of the Program. NextStep ‘MBA’ will determine the due date for the financial statements and information.

3.4 You represent and warrant that:

3.4.1 All of the information on Your application for the Program is accurate and complete.

3.4.2 You own a business in which at least fifty percent (50%) of the business is owned by a woman or by women.

3.4.3 You partially control the long-term decision making and the day-to-day management and administration of Your business.

3.4.4 You hold ownership rights to the business concept.

3.4.5 Your business has been operating for no less than one year.

3.4.6 Your business either (i) earns more than seventy-five thousand dollars ($75,000.00) in gross revenue on an annual basis, or (ii) has at least one (1) employee who does not have an ownership interest in Your business.

  1. Scope

4.1 These Terms and the Privacy Policy, as they may be amended from time to time, are collectively known as the “Agreement.” The Agreement applies to all uses of the NextStep ‘MBA’ Platform and all user accounts described in Account Information provided to, or received from, the NextStep ‘MBA’ Platform and/or through any client or mobile application provided by Us. You understand and agree that this Agreement is enforceable against you personally and any entity with which you are employed or affiliated and on whose behalf the NextStep ‘MBA’ Platform or such client or mobile application is used. You hereby represent and warrant that You have CAREFULLY read and understood these Terms and the Privacy Policy, that You are of legal age under the laws of the United States, and that You accept this Agreement freely, voluntarily, and with full knowledge and understanding of its terms and conditions.

4.2 This website and the NextStep ‘MBA’ Platform are intended for use only by persons over the age of 13, and only in the United States of America. If You are not over the age of 13 or are located outside the United States of America, You may not use this website. You warrant and represent that You are legally permitted to use this website and other aspects of the NextStep ‘MBA’ Platform. Some portions of the NextStep ‘MBA’ Platform are only available for a charge. Others are available without charge. Where there is no charge for using a portion of the NextStep ‘MBA’ Platform, We reserve the right to terminate Your access or otherwise deny You the ability or right to use such portions at any time for any reason or no reason, including, without limitation: in the event that We determine, in Our sole discretion, that You are in violation of any these Terms, are outside the United States of America, 13 years old or younger, or that Your use of the NextStep ‘MBA’ Platform is not consistent with these Terms, the Privacy Policy or any usage guidelines or policies available on or through the NextStep ‘MBA’ Platform, as such may be amended from time to time.

4.3 If You or Your employer are an enterprise customer, or a partner or affiliate of NextStep ‘MBA’, You or Your employer may have executed a separate written agreement with NextStep ‘MBA’. To the extent such an agreement was entered into, (i) if that agreement expressly provides that it replaces these Terms, then only the terms of that separate agreement applies to Your use of the NextStep ‘MBA’ Platform in connection with all uses You make under the terms of that agreement, (ii) otherwise, that agreement and these Terms are to be construed together provided that where the agreement and these Terms are inconsistent, the signed agreement will prevail.

4.4 These Terms may be modified from time to time. You are responsible for periodically reviewing these Terms for any changes. Whether or not these Terms have changed will be apparent from the date at the end of this document. If a change to these Terms has a material adverse effect on You, and no separate written agreement provides otherwise, then You may terminate Your account, and receive a refund of any unused portion of any subscription period for which You paid. Enrollment fees, publishing fees, and other fees are not refundable. Any such refund request must be made within thirty (30) days of the first time You use the NextStep ‘MBA’ Platform after the change has been made. Otherwise, Your right to a refund will expire. NextStep ‘MBA’ may, but is not required to, separately notify You that changes to these Terms or the Privacy Policy have occurred.

  1. Account Information

5.1 You warrant and represent that all information provided through the NextStep ‘MBA’ Platform will be truthful, accurate, and complete, and will be submitted only for lawful purposes. If You provide any information that is untrue, inaccurate, or incomplete, or if We have any reason to believe that the information You provided is untrue, inaccurate, or incomplete, or was submitted in connection with any unlawful purpose, NextStep ‘MBA’ may, without any liability to You: (a) suspend or terminate Your account or access to the NextStep ‘MBA’ Platform; (b) if permitted by applicable law, use electronic self-help means to terminate Your ability to access the NextStep ‘MBA’ Platform or other software or services provided by Us; (c) terminate this Agreement; (d) remove, delete or otherwise dispose of Your NextStep ‘MBA’ account information previously provided, uploaded or used by, for, or on behalf of You; (e) report Your activities to law enforcement agencies; (f) notify others, including any other users of the NextStep ‘MBA’ Platform or Our affiliates or partners of Our suspicions; and/or (g) pursue any other legal or equitable remedies that may be available.

5.2 You will grant, and hereby do grant, to Us, a nonexclusive, royalty-free, worldwide, unlimited, perpetual, irrevocable, transferable and fully sub-licensable right and license to copy, distribute, publish, perform, create derivatives from, and otherwise use any and all account information, with the exception of Personal Information as outlined in the Privacy Policy, You submit to or through the NextStep ‘MBA’ Platform. You warrant and represent that You are the exclusive owner of all information You provide to the NextStep ‘MBA’ Platform, or that You have, through valid agreement, the right to provide the account information to the NextStep ‘MBA’ Platform and to grant the foregoing license. Although the foregoing license does not terminate, We agree to use commercially reasonable efforts to remove or suspend access to any content You provide to Us upon receipt of Your written request, to the extent such removal or suspension will not place Us in breach of any contractual obligation We have to any other user of the NextStep ‘MBA’ Platform. In the event We determine that any content You provide to or through the NextStep ‘MBA’ Platform is illegal, infringing, defamatory, abusive, or inappropriate, We reserve the right to unilaterally remove or suspend access to such content at any time with, or without, notice to You. We will have no liability to You whatsoever in event We exercise Our right to remove or suspend access to such content.

5.3 You will maintain the confidentiality of any password, user ID, and other account credentials provided to You, or obtained by You, in connection with the NextStep ‘MBA’ Platform, and will not share such information with any third party, or use such information for any purpose not expressly authorized under this Agreement, without NextStep ‘MBA’’s prior written consent. You agree to notify NextStep ‘MBA’ in writing immediately of any actual or suspected unauthorized use of Your account credentials, or any other breach of the NextStep ‘MBA’’s security that is known or suspected by You. Notice may be provided by email to info@accelerateher.com, or by overnight delivery to 30 Winster Fax, Williamsburg, VA 23185, Attn: Francine Spinelli.

5.4 You consent to the use of electronic communications in transacting business with Us, including, without limitation, the electronic delivery of notices and other documents to You. If at any time You would like to cease doing business electronically with Us, You will need to provide Us with written notice of Your withdrawal of Your consent to do business electronically, which will then terminate this consent. Thereafter, You will not use the NextStep ‘MBA’ Platform. No refund will be granted in the event You terminate consent to electronic communication.

  1. Payments, Refunds and Financial Terms.

6.1 Access to certain features of the NextStep ‘MBA’ Platform will require payment (the “Fee”). The Fee is the agreed upon price set forth in the document entitled “Your NextStep ‘MBA’ Tuition Payments”, which is expressly incorporated herein. The Fee is to be paid in twelve (12) equal monthly installments (the “Installment”). You shall pay the Installment to NextStep ‘MBA’ by permitting NextStep ‘MBA’ to automatically charge the Installment to Your credit card. You must pay the first Installment no later than Your first date of participation in the Program.

6.2 YOU SHALL PAY THE FEE REGARDLESS OF WHETHER YOU COMPLETE THE PROGRAM.

6.3 If You cease participating in the Program before You pay the entire Fee, NextStep ‘MBA’ will calculate the difference between any Installment(s) paid and the Fee (the “Balance Due”). NextStep ‘MBA’ will send You an invoice for the Balance Due and You agree to pay the Balance Due upon receipt. If You fail to render payment for the Balance Due, then NextStep ‘MBA’ may pursue collection of the Balance Due by any and all legal means.

6.4 In the event NextStep ‘MBA’ is unable to receive an Installment payment for any reason, NextStep ‘MBA’ may immediately and without notice terminate or suspend access to Your account. Attempting to make a payment by fraudulent means, or attempting to prevent NextStep ‘MBA’ from receiving the funds from a payment made by or for You will be a material breach of these Terms.

6.5 Except as otherwise expressly stated herein, all amounts paid to NextStep ‘MBA’ are non-refundable. To the extent NextStep ‘MBA’ determines, in its sole discretion, to refund any amount paid to NextStep ‘MBA’ in connection with the NextStep ‘MBA’ Platform, such refund will be paid within sixty (60) days of NextStep ‘MBA’’s decision to pay such refund.

  1. Termination.

7.1 Except as stated otherwise in this Agreement, the term of this Agreement shall be for the time it takes you to complete the Program. You may terminate this Agreement upon at least thirty (30) days written notice to NextStep ‘MBA’. You will owe the Balance Due, which can be paid in full or in monthly installments until the Fee is paid in full. In the event this Agreement terminates, (i) Your authorization to use the NextStep ‘MBA’ Platform will terminate and You will immediately cease all use of the NextStep ‘MBA’ Platform (either through a web browser or other software, and either directly or indirectly), (ii) We may, in Our sole discretion, terminate any account and delete or otherwise dispose of any account information or other content provided by You, and (iii) where permitted by law, We may use self-help or other means to prevent further use of the NextStep ‘MBA’ Platform by You or others working on Your behalf. It is understood and agreed, however, that the foregoing will not constitute an obligation for NextStep ‘MBA’ or any other party to delete or cease use of any account information or other content previously provided to Us, except as otherwise detailed in the Privacy Policy provided.

7.2 If Your account is terminated or suspended for any reason, some of the content You provided to the NextStep ‘MBA’ Platform may remain available. For example, and without limitation, if You posted information related to an ongoing course, such postings may remain available, at least until the completion of such course by all enrolled learners. Course completion and performance information for course enrollees may also remain available regardless of any termination or suspension.

  1. Feedback and Your Postings. From time to time, NextStep ‘MBA’ or a third party engaged by NextStep ‘MBA’ may request feedback and other information from You about the NextStep ‘MBA’ Platform or Your experiences with the NextStep ‘MBA’ Platform (“Feedback”). You may also choose to participate in forums or to otherwise post content through the NextStep ‘MBA’ Platform as You use it (“Postings”). Providing Feedback and Postings is optional. By providing Feedback or Postings, however, You will grant, and hereby do grant, NextStep ‘MBA’ a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicensable right and license to use the Feedback and Postings for any lawful purpose, including, without limitation, the right to reproduce, adapt, publish, translate, distribute, and display all or parts of the Feedback and Postings in any medium whatsoever along with Your (or Your employer’s) name, in NextStep ‘MBA’’s sole discretion. NextStep ‘MBA’ may also use the Feedback in anonymous and aggregate reviews.
  2. Offensive Content. NextStep ‘MBA’ reserves the unilateral, unfettered right (but not the legal obligation) to delete or suspend access to any content or information (including without limitation Feedback and Postings) that NextStep ‘MBA’ determines, in its sole discretion, is or may be illegal, infringing, defamatory or offensive. To the extent any such content is posted by You or through Your account, You may be subject to legal action by NextStep ‘MBA’ or third parties. NextStep ‘MBA’ reserves the right to suspend Your access to the NextStep ‘MBA’ Platform in the event of such postings. Your sole recourse and remedy in the event of such removal is Your right to terminate this Agreement, without the right of receiving any refund. Without limiting the foregoing, NextStep ‘MBA’ shall have no liability to You for any lost business, revenue or opportunity resulting from the removal of offensive content.
  3. Reverse Engineering and Non-interference. In addition to any NextStep ‘MBA’ information or documents containing information that constitute a “trade secret” as that term is defined in the Uniform Trade Secrets Act as of September 16, 2015, the following will be deemed trade secrets of NextStep ‘MBA’ and You will treat the following as Our trade secrets to the extent they have not been made public by Us: (i) all source code, data and configuration files within or comprising the NextStep ‘MBA’ Platform or used to receive content from, or deliver content to the NextStep ‘MBA’ Platform, and all documentation relating thereto, (ii) all financial information relating to NextStep ‘MBA’ or its affiliates, (iii) all product or service development plans of NextStep ‘MBA’ or its affiliates, and (iv) all security vulnerabilities and information relating to actual or alleged security vulnerabilities or breaches of the NextStep ‘MBA’ Platform. By agreeing to these Terms, You acknowledge and agree that such information has independent economic value due to it not being generally known or available to others, and that NextStep ‘MBA’ takes reasonable measures to protect the confidentiality and secrecy of such information. You agree not to, and warrant and represent that You will not, engage in any activity, assist any third party in engaging in any activity, or attempt in any way, or assist any third party in attempting in any way, to (v) discover or use any trade secrets of NextStep ‘MBA’ without NextStep ‘MBA’’s prior written consent, (vi) reverse engineer or otherwise discover any source code utilized by the NextStep ‘MBA’ Platform or any client or other software provided by Us, (vii) breach, discover, circumvent, disable or otherwise compromise any security, encryption, password protection, or other feature or mechanism used by Us or the NextStep ‘MBA’ Platform to protect the NextStep ‘MBA’ Platform or any website or any data, hardware, software or server used in connection with it, (viii) use the NextStep ‘MBA’ Platform to provide unsolicited electronic communications (a.k.a. spam) or distribute any infringing or illegal content, (ix) use the NextStep ‘MBA’ Platform or any client or software provided by Us for any illegal, immoral, or improper purpose, (x) prevent or inhibit access to (or use of) the NextStep ‘MBA’ Platform by any person, or (xi) publish, reproduce, or use for any purpose other than as expressly contemplated under this Agreement, any content on or available through the NextStep ‘MBA’ Platform. You further warrant and represent that You will not use the NextStep ‘MBA’ Platform or any client or software provided by Us to implement, develop, refine, enhance, use, or promote any website, software or service that competes with the NextStep ‘MBA’ Platform.
  4. Linking, Crawling and Framing. You may link only to the home page of this website, and not to any other page or portion of the NextStep ‘MBA’ Platform. You agree not to, and warrant and represent that You will not assist any third party in engaging in any activity or attempting in any way, to reproduce, in whole or in part, any content provided by the NextStep ‘MBA’ Platform through any method (including without limitation, through copying, caching or framing), unless such access is expressly permitted in a written agreement executed by NextStep ‘MBA’.
  5. Intellectual Property Claims. We do not control the content of information posted on the NextStep ‘MBA’ Platform by third parties. If you are a copyright owner or agent thereof and believe that content posted on this website or the NextStep ‘MBA’ Platform infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to Us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website or the NextStep ‘MBA’ Platform containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For such submissions, we can be reached by mail at P.O. Box 5091, Williamsburg, VA 23188, or by email at info@accelerateher.com. Please use this same contact information to report to Us any other complaint you may have regarding content posted on the NextStep ‘MBA’ Platform, including without limitation, any complaint that such content infringes a trademark right or other intellectual property right, or defames any person or is otherwise illegal or improper, by providing (g) a signed certification that the complaint is being made in good faith by one authorized to do so, (h) an email address or physical address where you may be contacted, (i) the URL of the location where the objectionable content can be found; and (j) a reasonable description of the rights you believe are violated by the objectionable content.
  6. Confidentiality. Each party (the “Receiving Party”) will treat all information and materials (“Confidential Information”) received from the other party, or received as a result of the Receiving Party’s involvement with the Program (the “Disclosing Party”), as confidential and with at least the same degree of care that it uses to protect its own most valuable confidential and proprietary information and will use the Confidential Information only for the purpose of providing services as part of the Program and carrying out the terms hereof. At the Disclosing Party’s request, the Receiving Party will promptly return or destroy all Confidential Information in its possession or control and certify the same to Disclosing Party.
  7. Warranty Disclaimer. AS BETWEEN YOU AND US, THE NEXTSTEP ‘MBA’ PLATFORM, AND ALL INFORMATION WE OR THIRD PARTIES PROVIDE ON THE NEXTSTEP ‘MBA’ PLATFORM, AND ALL CLIENTS, MOBILE APPLICATIONS OR OTHER SOFTWARE OR CONTENT PROVIDED BY US IS PROVIDED TO YOU “AS IS” AND YOU USE ALL OF THE FOREGOING ENTIRELY AT YOUR OWN RISK. THE NEXTSTEP ‘MBA’ PLATFORM IS PROVIDED ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER REGARDING ITS AVAILABILITY OR THE CORRECTNESS OF ANY CONTENT THEREON, OR THAT IT WILL PROVIDE ANY FEATURE OR CAPABILITY, OR BE SUITABLE FOR ANY PARTICULAR PURPOSE. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER AS TO THE RESULTS OF THE PROGRAM AND WE ARE NOT LIABLE FOR ANY SUCCESS OR FAILURE OF YOUR BUSINESS. NO RESULTS OF THE PROGRAM ARE GUARANTEED AND THE INFORMATION PROVIDED THROUGH THE PROGRAM DOES NOT CONSTITUTE ADVICE OF PROFESSIONAL SERVICE ADVISORS, INCLUDING, BUT NOT LIMITED TO, ACCOUNTANTS AND ATTORNEYS, AND SHOULD NOT TAKE THE PLACE OF CONSULTING WITH SUCH PROFESSIONAL SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NO SOFTWARE OR WEBSITE CAN BE ENTIRELY SECURE OR FREE OF RISK OF SECURITY BREACHES OR ATTACKS BY THIRD PARTIES, AND THAT WE MAKE NO WARRANTY OR REPRESENTATION THAT THE NEXTSTEP ‘MBA’ PLATFORM WILL BE SECURE OR FREE FROM SUCH BREACHES OR ATTACKS.
  8. Limitation of Liability; Indemnification; Release

15.1 IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, IF NEXTSTEP ‘MBA’ OR ANY AFFILIATE SHOULD BE HELD LIABLE FOR ANY DAMAGES, THE ENTIRE LIABILITY OF NEXTSTEP ‘MBA’ (INCLUDING ITS AFFILIATES) WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY REASON AND UPON ANY CAUSE OF ACTION, REGARDLESS OF THE NUMBER OF ACTIONS (AND WHETHER BASED IN CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE) SHALL NOT EXCEED, IN THE AGGREGATE, THE FEE. NO CAUSE OF ACTION WHICH ACCRUED MORE THAN ONE (1) YEAR PRIOR TO THE FILING OF A SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST NEXTSTEP ‘MBA’ OR ITS AFFILIATES.

15.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. NO OTHER LIMITATION CONTAINED IN THIS AGREEMENT SHALL LIMIT NEXTSTEP ‘MBA’’S LIABILITY TO YOU, TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.

15.3 THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT SHALL SURVIVE EVEN IF ANY EXCLUSIVE OR LIMITED REMEDIES PROVIDED IN THIS AGREEMENT SHOULD FAIL OF THEIR ESSENTIAL PURPOSE.

15.4 You shall indemnify, defend (including by paying reasonable attorneys’ fees and costs) and hold harmless NextStep ‘MBA’ and its affiliates, and each of their officers, directors, shareholders, agents, representatives, licensees and employees (each, an “Indemnified Party”), from and against any and all claims, losses, liabilities, damages, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including, without limitation, court costs and reasonable attorneys’ and consultancy fees), arising directly or indirectly, in whole or in part, out of: (a) any breach or threatened breach of this agreement by You or any person under Your control, or by any person who received, discovered or used Your password or other access credentials; (b) Your use of the NextStep ‘MBA’ Platform; or (c) Your negligence, gross negligence or willful misconduct. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

15.5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE EACH INDEMNIFIED PARTY FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH DISPUTES BETWEEN YOU AND THIRD PARTIES CONCERNING THE WEBSITE, NEXTSTEP ‘MBA’ PLATFORM OR THIS AGREEMENT. IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE (TO THE MAXIMUM EXTENT PERMITTED BY LAW) CALIFORNIA CIVIL CODE 1542 (AND ANY OTHER APPLICABLE LAW OR STATUTE) WHICH SUBSTANTIALLY STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

  1. Survival. All terms and conditions that, by their nature, should survive termination of this Agreement (regardless of the reason for termination) will survive including, without limitation, all licenses granted by you, all warranties and representations by you, all limitations of liability and disclaimers, and all terms relating to notice, choice of law, choice of venue or dispute resolution. NextStep ‘MBA’’s remedies under this Agreement are cumulative and not exclusive and are in addition to all remedies available at law or in equity.
  2. Notices

17.1 Any notice to NextStep ‘MBA’ that is required or permitted by this Agreement shall be in writing and shall be deemed given: (a) if sent by mail to the applicable NextStep ‘MBA’ office identified in the “Contact Us” section of this website, five (5) business days after deposit in the mail, postage prepaid; (b) if sent by fax to the fax number identified in the “Contact Us” section of this website, upon Your receipt of electronic confirmation thereof; (c) if sent by email to info@accelerateher.com, upon Our receipt of the email; or (d) if sent by next day delivery service to the address identified in the “Contact Us” section of this website, upon such delivery.

17.2 Any notice to You that is required by this Agreement shall be in writing and shall be deemed given: (a) if sent by email to the email address that We have in Our records for you, upon the earlier of Your receipt of the email, or two (2) business days after We sent the email (provided that We did not receive a message indicating that the delivery of the email was unsuccessful); (b) if sent by mail to mailing address that We have in Our records for you, five (5) business days after deposit in the mail, postage prepaid; (c) if sent by fax to the fax number We have in Our records for you, upon Our receipt of electronic confirmation thereof; or (d) if sent by next day delivery service to the address We have in Our records for you, upon such delivery.

  1. Governing Law

18.1 This Agreement shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Virginia, without giving effect to any conflict of laws provisions, and the application to this Agreement of the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is expressly excluded.

18.2 The exclusive jurisdiction and venue for all legal actions arising out of this Agreement shall be in an appropriate court sitting in James City County, Virginia, or the United States District Court for the Eastern District of Virginia and You hereby consent to the exclusive jurisdiction of such courts in any and all matters that may arise in connection with this agreement, the NextStep ‘MBA’ Platform, and/or any account information or content provided by You for or via the NextStep ‘MBA’ Platform; and You expressly waive any rights to contest the jurisdiction, venue or convenience of any such federal or state court.

18.3 You agree and acknowledge that any breach or threatened breach by You of this Agreement may cause NextStep ‘MBA’ irreparable injury for which the recovery of money damages would be inadequate. Therefore, in addition to any other remedies that may be available at law, in equity, or otherwise, NextStep ‘MBA’ shall be entitled to obtain injunctive relief against the breach or threatened breach of this Agreement, without the necessity of proving actual damages, or posting a bond, even if otherwise normally required.

  1. Fees and Expenses. Notwithstanding any terms and conditions of this Agreement to the contrary, the prevailing party in any proceeding arising out of or related to this Agreement or the NextStep ‘MBA’ Platform shall be entitled to recover its reasonable expenses and costs, including outside and in-house attorneys’ fees, from the other party.
  2. General

20.1 Our failure or delay in the performance of any obligation under this Agreement shall be excused to the extent and for the duration that such failure or delay is occasioned by a force majeure event which shall include, without limitation, acts of God, acts of war, earthquakes, fires, floods, terrorism, riots, civil disorders, rebellions, labor disputes, or any circumstances beyond Our reasonable control. You are responsible for providing and maintaining Your own internet connection and We will have no liability whatsoever resulting from Your inability to access the internet or any connection issue that prevents connections with NextStep ‘MBA’ servers or data centers.

20.2 In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect.

20.3 This Terms, the Privacy Policy, and any other written agreement signed by both parties and expressly referencing these Terms, set forth the entire understanding between You and Us relating to Your use of the NextStep ‘MBA’ Platform, and supersede all prior or contemporaneous negotiations, understandings, agreements, proposals and representations, written or oral, between You and Us related to Your use of the NextStep ‘MBA’ Platform. We reserve the right to change these Terms at any time by posting notice of the changes on the NextStep ‘MBA’ website or through the NextStep ‘MBA’ Platform. You will be deemed to have been made aware of, and will be subject to, the changes to this Agreement after any use of the NextStep ‘MBA’ Platform after such notice has been posted. Your continued use of the NextStep ‘MBA’ Platform, or any materials or services accessible through the NextStep ‘MBA’ Platform shall constitute Your acceptance of the changes. Unless otherwise expressly stated in these Terms, if You do not agree to the changes, Your sole remedy shall be to discontinue use of the NextStep ‘MBA’ Platform. No delay or failure by Us in exercising or enforcing any rights or remedies under this Agreement, in whole or in part, and no course of dealing or performance, shall constitute a waiver by NextStep ‘MBA’ of any provision of this Agreement.

20.4 This Agreement is personal to You. You shall not assign Your rights or delegate Your obligations under this Agreement, in whole or in part, without the prior written consent of NextStep ‘MBA’. Any attempted assignment or delegation by You shall be voidable ab initio by NextStep ‘MBA’. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

20.5 This Agreement shall not be construed as creating any agency, partnership or joint venture between Us and You.

20.6 Nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.

20.7 The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. The words “shall,” “agree” and “will” are mandatory, the word “may” is permissive, the word “or” is not exclusive, and the singular includes the plural and vice versa.

Last updated: January 19, 2018

Copyright 2018

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