ThePowerMBA – Terms and Conditions
These Terms and Conditions include a disclaimer of warranties, a disclaimer of liability, a release and indemnification by you in Section 11.
Section 12 of this agreement contains provisions that govern how claims that you and ThePowerMBA have against each other are resolved, including, without limitation, any claims that arose or were asserted before the effective date of this agreement. In particular, Section 12 sets forth our arbitration agreement which will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims. Please see section 12 for more information regarding this arbitration agreement, the possible effects of this arbitration agreement, and how to opt out of the arbitration agreement.
Please review those sections (and all other terms) carefully.
1. Ownership of this Website
The provider of this service is ThePowerMBA, Inc., a Delaware corporation, with registered office at Delaware, 2035 Sunset Lake Road, Suite B-2, in the city of Newark, zip code 19702 and county of New Castle with employer identification number 38-4131772 (hereinafter, “ThePowerMBA“), which is an entity fully owned by the Spanish company Powereducation, S.L., with Tax Identification Number B-87867297, registered office at Calle del Urogallo, 9, 28707 Ciudalcampo, Madrid (Spain) and registered with the Spanish Commercial Registry of Madrid, Volume 33,937, Sheet 148, Section 8, Page M-610752 (“Powereducation” and, together with the ThePowerMBA and any of Powereducation’s additional affiliates, “TPMBA Group”). If you wish to contact ThePowerMBA, you may use the above-mentioned address or, if you prefer, you may send an e-mail to firstname.lastname@example.org and email@example.com. ThePowerMBA is the owner of the website www.thepowermba.com (the “Website“). The term Website refers to and includes both the visible part during browsing (public part), as well as any private area (only visible to Registered Users, as defined below). Thus, these terms and conditions are applicable to users while using in any way the Website.
ThePowerMBA makes this Website available to users in order to provide useful information on the activities and services offered by the company and to enable the purchase of the program offered at any given time through the Website (the “Program“).
A user (the “User“, “Users” or “You”) is defined as a person interacting within the Website as (i) a student who has purchased any of the Program, (ii) a registered user, but who has not purchased any of the Program, or (iii) a user who is browsing the Website. Users of type (i) or (ii) will be identified in these terms and conditions as registered users (hereinafter referred to as the “Registered User(s)“) as well.
By using and/or visiting the Website, including becoming a User and accessing associated content such as email operated by ThePowerMBA, you signify your agreement to these terms and conditions (“Terms and Conditions“) which expressly regulate the contractual relationship between ThePowerMBA and third parties who contract products or services offered on the Website. If you are accepting this agreement on behalf of your employer, you affirm that you have the authority to accept this agreement on its behalf. You affirm that you are either of legal age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
ThePowerMBA reserves the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to the User, and are not obligated to support or update the Service. YOU AGREE THAT THEPOWERMBA NOR ANY COMPANY OF TPMBA GROUP SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT THEPOWERMBA EXERCISES ITS RIGHT TO MODIFY OR DISCONTINUE THE WEBSITE (OR ANY PORTION OF THE WEBSITE). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms and Conditions.
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS AND CONDITIONS. ThePowerMBA may change these Terms and Conditions at any time. Please review the Terms and Conditions each time you visit the Website. If ThePowerMBA has the User’s email address, ThePowerMBA will notify the User of material changes to the Terms and Conditions via email. If ThePowerMBA does not have the User email address, ThePowerMBA will update this page to reflect any changes to the Terms and Conditions.
2. Purpose and scope
Below are described the conditions governing the purchase of the Program through the Website and the rights and obligations arising from the subscription of these services.
The purchase of the Program must be carried out according to the instructions described in these Terms and Conditions, as well as any other specific conditions that may be indicated during the purchasing process on the screen or in any other way. Consequently, the Registered User declares to know and accept these mandatory conditions to access the services and/or Program offered on the Website.
3. Procedures for the acquisition of the Program
The Program is a web-based training program created by ThePowerMBA comprising theory, analysis, interviews and value-added documents on companies, businesses, etc. In addition, the Program include other types of benefits, such as webinars; virtual and face-to-face events; participation in directed forums; resolution of doubts in real time and/or others that may be determined by ThePowerMBA at any given time.
In this regard, ThePowerMBA hereby notifies the User that TPMBA Group is group of private companies, not linked to any public or private university or educational entity and that the TPMBA Group certificates it issues are strictly private, although they may benefit from certain incentives, such as those relating to certain subsidized training in Spain or any other incentive which could be applicable to TPMBA Group in any country in which it offers its products. This implies that the Program do not have, among others, AACSB, AMBA, EQUIS or any other similar certificates.
Therefore, the certificate that ThePowerMBA issues upon completion of the various Program is a private one and is not issued or recognized by any public or private entity other than ThePowerMBA itself. Thus, obtaining the aforementioned certificate does not imply recognition or positive assessment of the Program carried out by the User by any third party, including ThePowerMBA’s collaborators who may have participated in the execution of the Program.
It is mandatory that Users who wish to acquire the Program from ThePowerMBA must be of legal age or, if not, have the express authorization of their legal representatives to purchase and participate in the Program. At the time of purchase, the User expressly represents and warrants that he/she have full legal capacity to contract the services provided by ThePowerMBA or, in the event that he/she require any type of authorization from a third party, that he/she possesses such capacity and can prove it.
To acquire the Program offered through the Website, the User must first read these Terms and Conditions carefully.
The Program offered on the Website, along with their features and price, will appear on the information screens of each one of them. The price indicated on the screen will be shown in Euros, in Dollars or in the local currency of each country and will include the applicable indirect taxes, unless otherwise stated. This price will be the one in force at all times when the User makes the purchase, unless there is a typographical error. ThePowerMBA regularly carries out promotional campaigns that may include discounts in the price of the Program, for example, through coupons or discounts. At the time of payment, the User may enter coupon codes, discount codes or any other method established by ThePowerMBA which may reduce the price of the order in the amount previously established.
In order to acquire the Program on the Website, the User must select the desired Program and click on the “Purchase” or “Join the Program” button or similar expression and proceed to complete the required information, after which the payment must be made by the User. Before doing so, the User must check the exact characteristics of each Program as described on the Website, with the options the User has chosen for payment in instalments or in a lump sum, access limited by the time indicated or unlimited in time, price, or applicable taxes if any, to assess whether the Program meets his/her needs.
In the event that the User has selected the installment payment option (if applicable), the User may choose to pay the purchased Program in installments under the terms and conditions shown on the screen once this option has been selected by the User. For illustration purposes, the information shown to the User will include (i) the duration of the financing; (ii) the interest derived from the financing; (iii) the entity responsible for the financing and with which the User will contract directly; (iv) the period of validity of the financing conditions; (v) the minimum and maximum amount to be financed; and (v) the rest of the specific financing conditions.
In the event that the financing is not offered by ThePowerMBA, the User who has chosen this option must enter into a separate contract with the corresponding entity, without ThePowerMBA being a party in such transaction. In such case, the User is fully aware and accepts that he/she freely enters into such contract with such entity and that ThePowerMBA shall at no time be liable for any issues arising from such financing.
The User will receive on screen the conditions of the purchase and must accept them to continue with the purchase. The fact that the User accepts these conditions does not imply the automatic acceptance and formalization of the purchase. ThePowerMBA will send a confirmation message to the email provided by the User in the registration form. However, the purchase will not be considered formalized, in any case, if the User has not proceeded to pay the full price of the Program.
The payment of the price of the Program purchased on the Website will be made by credit or debit card, or in accordance with any other payment methods that may be enabled on the Website at any time.
In order to proceed with the payment, the amount and the reference of the purchase will appear the screen and the User will be asked to provide certain information, as requested during the purchasing process, which in any case will include, at least, the following: a) Card number; b) Expiry date; c) CVV (three-digit security code printed on the card). ThePowerMBA may use third party payment platforms and/or tools to manage payments that facilitate the payment of the contracted Program. In order to guarantee the highest security to the User, ThePowerMBA informs the User that as electronic payment systems, it has collaboration agreements with the secure online payment platforms that it deems most convenient to ensure secure and effective payment for its Users.
In the event that the User chooses the “payment in instalments” option and the Registered User does not make the regular payments agreed upon, ThePowerMBA will proceed to notify the User of said default of payment, granting him/her a reasonable period of time to cure it and if this does not occur, ThePowerMBA will proceed to suspend access to the Program until said payment is made. ThePowerMBA reserves the right to claim the due amounts if it deems that the degree of use of the materials of the Program exceeds the proportion of the amounts paid to the total agreed price.
4. Specifications, guarantee and withdrawal
The Website is an online training platform, oriented to people interested in the business world that offers a complete training program in this area from an eminently practical perspective.
ThePowerMBA’s Program consist of a training program, in digital format (video, audio, downloadable resources, or other activities, such as webinars; virtual and face-to-face events, forum participation, etc.) that the User can enjoy and access, upon payment of the indicated amounts. The User will have access to the private area of the Program, with the available materials, during 15 months from the start of the Program.
ThePowerMBA will provide the services as proficiently as possible, given the means and technologies currently available. However, the User must be aware that ThePowerMBA cannot fully guarantee the reliability, continuity, usefulness, absence of failures and/or harmful software, or truthfulness of absolutely all the information and/or services of the Website, nor the usefulness or truthfulness of the content made available through it. PLEASE REVIEW THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, INCLUDING SECTION 11 FOR IMPORTANT INFORMATION REGARDING LIMITS ON THEPOWERMBA’S EXPRESS LIMITATIONS ON LIABILITY.
ThePowerMBA will make periodic reviews of the content and information made available to Users on the Website, but cannot fully guarantee that it is accurate and up-to-date at all times. In the event that the User who has purchased a Program should detect, during the period of access to the Program, or within 24 months after the opening of the Program, any defect such as lack of documentation, content or agenda with respect to what was previously announced by ThePowerMBA, he/she may contact ThePowerMBA, indicating the defects and sending graphic evidence of such flaw. ThePowerMBA will communicate to the User the way to proceed in order to solve any issue after evaluating the circumstances of the specific case.
- Right of Withdrawal
ThePowerMBA informs the User that he/she can withdraw from the purchase of any Program, during a period of 15 days from the day on which the Program was purchased (including the first day), provided that he/she has not completed more than 15% of the purchased Program. Therefore, in the event that the student has completed more than 15% of the classes, it will be understood, for the purposes of the right of withdrawal, that the service provided by ThePowerMBA has been fully executed. If the User wants to exercise this right, he/she must contact ThePowerMBA via the following email: firstname.lastname@example.org.
Notwithstanding the above, if more than 15% of the course content is completed within the 15 days period, the services will be deemed to be completely rendered and thus the right of withdrawal will not apply.
The term indicated in this Clause may be extended in response to temporary offers and promotions published by ThePower Business School and expressly notified to the student. In this sense, the particular conditions of each promotion will be taken into consideration in the exercise of the right of withdrawal.
5. Our Services
ThePowerMBA strives to provide Users with the following services:
- To make available to the User on the Website the necessary information regarding the acquired Program/s.
- To send to the email address indicated by the User in the registration form, a verification that ThePowerMBA has received the request to start the Program, as well as the Terms and Conditions of the Program.
- Once the purchase has been made, ThePowerMBA undertakes to make available to the User in the email address provided, the materials of the Program or the corresponding access codes.
- Moreover, during the term of the Program, ThePowerMBA will give the User access to other activities, such as webinars; virtual and face-to-face events; participation in targeted forums; resolution of doubts in real time and/or others that may be determined by ThePowerMBA at any time.
- All deliveries of keys or material about the Program are subject to confirmation of payment and technical availability.
- To use all the attention and professionalism that is considered reasonable for the provision of the services and the Program that it offers.
6. Acceptable Use Policy
In the use of the Website, the User will not:
- use the Website for any purpose other than for using the features ThePowerMBA intentionally makes available to the User;
- upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
- post, transmit or submit any information that ThePowerMBA, in its sole discretion, determines is confidential (including national ID, passport or social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
- upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- copy, download or distribute any part of the Website in any form or medium without the prior written authorization of ThePowerMBA;
- alter, modify or make derivative works from any part of the Website without the prior written authorization of ThePowerMBA;
- provide false personal information of anyone other than yourself without permission;
- use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
- use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
- impersonate or misrepresent any person or entity or the User affiliation with someone else;
- post, transmit or submit any information that could disparage, aim to slander, entail racist or xenophobic implications, disrespect or go against any morality, generally accepted customs and/or public order in relation to any customer or student of TPMBA Group. In this regard, ThePowerMBA reserves the right, at its sole discretion, to cancel any Program of the User and/or expel the User from any social or alumni network in which the User may participate without any applicable compensation in favor of the User;
- remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website; or
- post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website.
ThePowerMBA will fully cooperate with any law enforcement authorities or court order requesting or directing ThePowerMBA to disclose the identity of anyone violating these Terms and Conditions.
ThePowerMBA believes in children’s online safety and do not wish to receive information regarding anyone under legal age. Therefore, the User may not post, transmit or submit any personally-identifiable information of anyone under legal age or information sufficient to locate such a child on or through the Website. If the User is under legal age, then please do not attempt to submit any information to or use the Website.
In addition to other obligations throughout these Terms and Conditions, the User shall be liable to ThePowerMBA (or, if applicable, to the corresponding TPMBA Group entity) for:
- All those acts that contravene the provisions of these Terms and Conditions, the law, morality, generally accepted customs and public order.
- Any act that is performed in a different manner than what ThePowerMBA designates in its indications or instructions regarding the use of the Website and the purchase of the Program.
- The certainty, accuracy, validity and update of the data with which you fill in each of the forms that ThePowerMBA displays on the Website.
- Any direct or indirect damage caused by any third party if the User has lost, disclosed, neglected or in any way allowed a third party to know his/her personal data, which is necessary for registration on Website or the purchase of a Program.
- Use the Website in a way that may cause damage, interruptions, inefficiencies or defects in its operability.
- The misuse of his/her passwords and credentials.
- Use of the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files.
- Use of the Website to collect personal data from other users.
- Altering or modifying, in whole or in part, the Website by circumventing, disabling or manipulating any of the Website’s functions or services.
- Accessing, or attempt to access, without authorization, any section of the Website, other systems or networks connected to the Website, ThePowerMBA’s servers, or the services offered through the Website, by means of hacking or forgery, password extraction or any other illegitimate means;
- Breaching, or attempt to breach, the security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content offered on the Website.
- Reproducing, copying, distributing, allowing public access through any form of public communication, transform or modify the contents, unless authorized by the owner of the corresponding rights or when legally permitted.
- Transmitting or disseminating information, data, contents, messages, graphics, drawings, sound and/or image files, photographs, recordings, software, and in general, any obscene, offensive, vulgar material or material that induces criminal, denigrating, defamatory, infamous, violent or, in general, contrary to the law, generally accepted morality and good customs or public order.
- Violating intellectual property rights belonging to ThePowerMBA or third parties, for example, by distributing or exploiting in any way the content obtained through the Program.
- Carrying out fraudulent transactions or transactions that may facilitate illicit or fraudulent conduct of any kind and using the contents and services and, in particular, information of any kind obtained through the Website for any kind of advertising purpose and, especially, in order to send advertising, communications for the purpose of direct sales or for any other kind of commercial purpose, unrequested messages either individualized or addressed to a plurality of people, as well as to market or disclose in any way such information.
- Impersonating another person or User when using the Website.
- Posting, transmitting or submitting any racist or xenophobic comment, disparage or aim to slander or disrespect any client or student of TPMBA Group when using the Website.
- The recruitment processes and applications that the User may be involved in, without being the completion of a Program any guarantee as to the hiring of the User.
In all the cases above mentioned, beyond the control and due diligence of ThePowerMBA, the User shall not have a right for compensation from ThePowerMBA for damages, to the extent that this is permitted by law. On the contrary, the User shall be liable for any damages of any kind that ThePowerMBA or TPMBA Group may suffer as a result of a breach of any of the obligations to which the User is bound to.
Furthermore, ThePowerMBA will not be liable for any damage or harm that the misuse of the Website and its content may cause to the User or a third party, for reasons not attributable to ThePowerMBA. In any case, any liability which may be claimed against ThePowerMBA by the User shall be limited to the price of the Program purchased by the User.
8. Intellectual Property Rights
All content shown on the Website and in particular, videos, designs, drawings, text, graphics, logos, icons, buttons, software, trade names, trademarks or any other signs protected by intellectual property rights or publicity rights, are owned by ThePowerMBA, or third parties with whom it has reached an agreement for its exploitation (collectively, “Content“).
Under no circumstances will it be understood that access, browsing and use of the Website and/or the acquisition of the Program by a User implies a waiver, transmission, license or total or partial assignment of such rights by ThePowerMBA. The User has the right to use the content and/or services of the Website strictly for private purposes.
Any reference to registered trademarks or trade names, or other distinctive signs, whether owned by ThePowerMBA or third parties, in which case are licensed to ThePowerMBA for use and/or exploitation, imply a prohibition on their use without the consent of ThePowerMBA or their legitimate owners. Under no circumstances, unless expressly stated to the contrary, does access, browse or use of the Website and/or its contents confer on the User any right to the distinctive signs included in it.
All intellectual property rights regarding the contents and/or services of the Website and the Program are reserved and, in particular, it is prohibited to modify, copy, reproduce, communicate to the public, make available, transform or distribute, by any means and in any form, the Website and/or all or part of the contents included in the Website, including, but not limited to, texts, images, trademarks, graphics, logos, buttons, software files, color combinations, as well as the structure, selection, order and presentation of its contents, without prejudice to the rights that third parties may have over any of the elements that comprise the content. All of the above, without prejudice to the prior, express and written authorization of ThePowerMBA or, where applicable, of the owner of the corresponding rights. Likewise, and for security reasons, it is not permitted to use “frames” or mechanisms that alter or vary the design, original configuration or contents of the Website.
None of the content hosted on the Website may be downloaded, reproduced or used in any other device or place other than the Website, unless the means for doing so has been enabled by ThePowerMBA.
The relationship between the teachers or persons interviewed (“Interviewees“) who appear in the videos and training material of the Program is subject to private contracts between ThePowerMBA and these Interviewees. Thus, by means of such contracts, ThePowerMBA has signed as many authorizations and assignments of rights as are necessary for the exploitation of the intellectual property rights derived from the provision of services by the Interviewees, and ThePowerMBA is authorized to proceed with the exploitation of the rights of image of the Interviewees.
If the User becomes aware of the existence of any content that is illicit, illegal, contrary to the law, a security breach or that could represent an infringement of intellectual property rights, he/she must immediately notify ThePowerMBA via the email address email@example.com so that it can proceed to take the appropriate measures. ThePowerMBA will verify this report as soon as possible, and adopt the measures that it deems appropriate.
Similarly, in the event that any User or third party considers that any of the content of the Website infringes his/her intellectual property rights, as well as any other rights, he/she must submit a written notification to firstname.lastname@example.org with the following information:
- Identification data and means of contact or to his/her legal representative.
- Documentation proving its status as holder of the allegedly infringed rights.
- Detailed explanation of the rights allegedly infringed by ThePowerMBA, as well as their exact location within the Website.
- Express declaration by the submitter that the use of the contents has been made without the consent of the holder of the allegedly infringed rights.
ThePowerMBA takes no responsibility for advertisements or any third-party material posted on or transmitted through the Website, nor does it take any responsibility for the products or services provided by other service providers with Content on the Website (“Advertisers”). Any dealings you have with Advertisers found while using the Website are between the User and the Advertiser, and the User agrees that ThePowerMBA is not liable for any loss or claim that the User may have against an Advertiser.
THE USER AGREES THAT THE USER BEARS ALL RISK AND THE USER AGREES TO RELEASE THEPOWERMBA PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USER’S USE OF THE WEBSITE AND THE USER’S TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES. THE USER FURTHER WAIVES ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. THE USER WAIVES AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH THE USER HAS OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT THE USER MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
The User may submit feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications you transmit, upload, or post to the Website (hereinafter, the “User Submissions”) on the Website. By submitting any such materials to the Website, the User represents and warrants that the User will not submit or post material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless the User is the owner of such rights or has permission from their rightful owner to submit or post the material and to grant ThePowerMBA all of the license rights granted herein. In addition, the User agrees to pay for all royalties, fees, and other payments owed to any party by reason of the User posting or submitting (“User Submissions”). THEPOWERMBA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.
On ThePowerMBA’s social media sites, the User further represents and warrants that the User has the permission of any individuals depicted in photographs, videos or recordings that the User submits to the Website to use their likeness and/or voice, as well as all other legal rights necessary to grant the license below to ThePowerMBA.
If the User submits any User Submissions to ThePowerMBA, the User hereby grants a non-exclusive, royalty-free, worldwide, perpetual right and license to ThePowerMBA and its affiliates to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from the User Submissions in any format, including without limitation coding or watermarking such User Submissions, on the Website and in related promotional materials provided in any medium, forum or format, for any purpose of ThePowerMBA or its affiliates in their sole discretion.
The User also agrees that immediately upon the creation by or on behalf of ThePowerMBA of any derivative works from, modifications, edits or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of ThePowerMBA and that we will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by ThePowerMBA in its sole discretion. The User hereby grants, assigns, transfers and conveys any and all right, title or interest the User has or may be deemed to have in and to the Modified Content to ThePowerMBA.
Additionally, the User authorizes ThePowerMBA to publish, republish, disseminate, reproduce, distribute, communicate to the public, include in any type of presentation, brochure, website, etc., the testimonials made by the User on any social network or by other means, either spontaneously or upon request by ThePowerMBA. In this way, the User expressly authorizes ThePowerMBA, on a non-exclusive basis, free of any payment, for everyone and without any time limit, to use such comments and/or testimonials of the User for any purpose (including commercial), including any photograph, image, text and/or video that forms part of them, including in the User’s profile, as well as the intellectual property and/or image rights related to the User and his/her comments and/or testimonials.
THE USER AGREES TO WAIVE, AND HEREBY DOES WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES THE USER HAS OR MAY HAVE AGAINST THEPOWERMBA PARTIES WITH RESPECT TO USER SUBMISSIONS, AND AGREE TO INDEMNIFY AND HOLD THEPOWERMBA PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO THE USER’S USE OF THE WEBSITE.
9.1. Links to other websites (outbound links)
In the event that, in the Website, the User finds links to other web pages by means of different buttons, links, banners, etc., these are managed by third parties. ThePowerMBA has no capacity or human or technical means to know, control or approve all the information, content or services provided by other websites to which links may be established on the Website. Consequently, ThePowerMBA cannot assume any type of liability for any aspect relating to the website to which a link may be established on the Website, including but not limited to its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general. BY USING THE WEBSITE, THE USER EXPRESSLY RELEASES THEPOWERMBA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY, “THEPOWERMBA PARTIES“) FROM ANY AND ALL LIABILITY ARISING FROM THE USER’S USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT THE USER MAY INCURS FROM DEALING WITH ANY THIRD-PARTY. Accordingly, ThePowerMBA encourage the User to be aware when the User leaves the Website and to read the terms and conditions of use for each other website or online service that the User visits.
If Users become aware of the unlawfulness of activities carried out through these third party websites, they must immediately notify ThePowerMBA so that the access link can be disabled.
The provision of any kind of link on the Website to another website does not imply that there is any kind of relationship, collaboration or dependence between ThePowerMBA and the person responsible for such website.
9.2. Links on other websites directed to the Website (inbound links)
ThePowerMBA makes available to the Users, through different tools and applications, links that allow Users to access the Website through the official channels that ThePowerMBA maintains in different platforms and social networks belonging to and/or managed by third parties (e.g. Facebook, Twitter, LinkedIn, Instagram, etc.). The inclusion of these links to the Website is solely for the purpose of facilitating Users’ access to the Website and the services provided therein.
The establishment of these links does not imply the existence of any relationship between ThePowerMBA and the owner, developer or distributor of the platform from which it is linked, nor the acceptance and approval by ThePowerMBA of its content and/or services, the owner, manufacturer or distributor being solely responsible for them.
The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, completely external to the Website and outside the control of ThePowerMBA. By accessing such external networks, the User enters an environment not controlled by ThePowerMBA, and therefore ThePowerMBA will not assume any responsibility for the security settings of such environments.
Regardless of the links established by ThePowerMBA, if any User, entity or website wishes to establish any type of link to the Website, he/she must abide by the following provisions:
- The link may only be directed to the home page of the Website, unless expressly authorized in writing by ThePowerMBA.
- The link must be absolute and complete, that is, it must take the user, by means of a click, to the address com and must completely cover the entire screen extension of the Website’s home page. Under no circumstances, unless expressly authorized in writing by ThePowerMBA, may the linking website reproduce, in any way, the Website, include it as part of its web or within one of its “frames” or create a “browser” on any of the Website’s pages.
- The page establishing the link may not state, in any way, that ThePowerMBA has authorized such link, unless ThePowerMBA has done so expressly and in writing. If the entity providing the link from its page to the Website correctly wishes to include the brand, name, trade name, label, logo, slogan or any other type of identifying element of ThePowerMBA and/or the Website in its web page, it must first have the express written authorization of ThePowerMBA.
- ThePowerMBA does not authorize the establishment of a link to the Website from those web pages that contain material, information or content that is illicit, illegal, degrading, obscene, and in general, that contravenes morality, public order or generally accepted social norms.
- ThePowerMBA has no capacity or human or technical means to know, control or approve all the information, content or services provided by other websites that have established links to the Website.
- ThePowerMBA assumes no responsibility for any aspect of the website that establishes such a link to the Website, specifically, but not limited to, its operation, access, data, information, files, quality and reliability of their products and services, their own links and / or any of its contents, in general.
10. Term and amendments
The term of duration of these Terms and Conditions is the time of their publication, until the moment they are totally or partially amended. ThePowerMBA will communicate to the Users the modification of the present Terms and Conditions with, at least, 15 days of prior notice.
The acceptance of the purchase of the Program by Users will be governed by the Terms and Conditions published at that time on the Website.
11. Disclaimer of Liability, Indemnity, Limitations on Liability, Equitable Relief, Subpoena Fees, Assignment
THE PROGRAM IS NOT RECOGNIZED BY ANY INSTITUTION OR ENTITY. THEPOWERMBA DOES NOT GUARANTEE THAT THE ACCOMPLISHMENT OF THE PROGRAM WILL LEAD TO AN INCREASE IN THE USER’S POSSIBILITIES OF EMPLOYMENT, SALARY RISE OR OTHER PROFESSIONAL IMPROVEMENTS, NOR THAT THE EXECUTION OF THE PROGRAM OR THE MAKING AVAILABLE OF THEIR CONTENT WILL BE DONE CONTINUOUSLY AND INDEFINITELY, NOR THAT THE PARTICIPATION IN THE PROGRAM WILL LEAD TO ANY KIND OF DISCREDIT FOR THE USER. EXCEPT AS PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF THE PROGRAM, QUALITY AND SUITABILITY FOR A PARTICULAR PURPOSE OF THE USER, ARE EXCLUDED BY THEPOWERMBA. THUS, NEITHER THEPOWERMBA NOR ANY OF ITS EMPLOYEES, PARTNERS, COLLABORATORS OR INTERVIEWEES WILL BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM, WHETHER DIRECT, INDIRECT, PARTICULAR, INCIDENTAL OR CONSEQUENTIAL, NOR FOR THE LOSS OF OPPORTUNITIES, BENEFITS, CONTRACTS, LOSS OF DATA, COST OF RECOVERY OF SAID DATA, NOR FOR THE LACK OF ACCURACY, USEFULNESS OR INCORRECTNESS OF THE INFORMATION AND/OR CONTENTS PROVIDED TO THE USER.
THE USER AGREES THAT THE USER’S USE OF THE WEBSITE SHALL BE AT THE USER SOLE RISK. THEPOWERMBA HAS ATTEMPTED TO MAKE THE WEBSITE AND THE CONTENT AS TIMELY AND ACCURATE AS POSSIBLE, BUT BECAUSE ERRORS MAY OCCUR, THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE THEPOWERMBA PARTIES GIVE NO WARRANTY AND MAKE NO REPRESENTATION IN RELATION TO THE WEBSITE OR THE CONTENT. THE THEPOWERMBA PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND THE USER WAIVES ANY REPRESENTATION OR WARRANTY EXPRESS, IMPLIED, STATUTORY, THAT MAY BE IMPLIED BY THESE TERMS AND CONDITIONS, BY CUSTOM, OR BY LAW OR OTHERWISE AND WHICH IS NOT EXPRESSLY SET OUT HEREIN, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE WEBSITE, NON-DISRUPTION, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE ON THE PART OF THE THEPOWERMBA PARTIES RELATING TO THE WEBSITE, THE CONTENT, USER SUBMISSIONS, ANY SOFTWARE LICENSED OR PROVIDED TO THE USER BY THE THEPOWERMBA PARTIES, AND ANY AGREEMENT WITH A THIRD-PARTY.
WITHOUT LIMITING THE FOREGOING, THE THEPOWERMBA PARTIES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES OR APPS LINKED TO THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, WEBSITE, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE WEBSITE OR AGREEMENTS THE USER ENTERS WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET THE USER’S EXPECTATIONS; THAT THE WEBSITE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY THEPOWERMBA; THAT WEBSITE ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS PCI COMPLIANT. THE THEPOWERMBA PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, CONTENT, AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE THEPOWERMBA PARTIES FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSE, AND ATTORNEY’S FEES ARISING TO ANY OF THE THEPOWERMBA PARTIES AS A RESULT OF ANY CLAIM, DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE THEPOWERMBA PARTIES IN CONNECTION WITH (1) THE USER’S USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE; (2) THE USER’S BREACH OF ANY OF THESE TERMS AND CONDITIONS; (3) THE USER’S VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ANY OF THE USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD-PARTY; (5) ANY TRANSACTION THE USER CONDUCTS AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE; OR (6) ANY ACTIVITY USING THE USER’S EMAIL ADDRESS BY THE USER OR ANY OTHER PERSON ACCESSING THE WEBSITE USING THE USER’S EMAIL ADDRESS.
IF THE THEPOWERMBA PARTIES TAKE ANY LEGAL ACTION AGAINST THE USER AS A RESULT OF THE USER’S VIOLATION OF THESE TERMS AND CONDITIONS, THE THEPOWERMBA PARTIES WILL BE ENTITLED TO RECOVER FROM THE USER, AND THE USER AGREES TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THEPOWERMBA.
Limitations on Liability
IN NO EVENT SHALL THE THEPOWERMBA PARTIES BE LIABLE TO THE USER OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE WEBSITE OR THIRD-PARTY PRODUCTS OR WEBSITES, UNDER THESE TERMS AND CONDITIONS OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE WEBSITE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE THEPOWERMBA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
THE THEPOWERMBA PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT THE USER MAY INCURS, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE WEBSITE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THEPOWERMBA’ NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE THEPOWERMBA PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE WEBSITE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER’S USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE THEPOWERMBA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
THE THEPOWERMBA PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT THE USER OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM THE USER’S BREACH OF THE USER’S WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITH ANY OTHER PERSON.
THE THEPOWERMBA PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS AND CONDITIONS OR IN RELATION TO THE WEBSITE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO $50 USD.
BY ACCESSING THE WEBSITE, THE UNDERSTANDS THAT THE USER MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, THE USER ACKNOWLEDGES THAT THE USER HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Any claims relating to use of the Website must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Website is controlled and offered by ThePowerMBA from its facilities in the United States and Spain. Those who access or use the WEBSITE do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations. However, control of the Website and the related services may change if ThePowerMBA decides to do so, without the User being able to object, beyond the right to be informed of such change if required by the applicable law.
If the User violates these Terms and Conditions, ThePowerMBA may seek injunctive relief or other equitable relief.
If ThePowerMBA has to provide information in response to a subpoena related to the User’s use of the Website, then we may charge the User for our costs. These costs may include attorney and employee time spent retrieving records, preparing documents, and participating in a deposition.
These Terms and Conditions, and any rights and licenses granted hereunder, may be transferred or assigned by the User only with ThePowerMBA’ prior written consent, but may be assigned by ThePowerMBA without restriction and without notice to you.
12. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
12.1. Scope of Arbitration Agreement
You agree that any dispute or claim relating in any way to your access or use of the Services or as a consumer of our services, to any advertising or marketing communications regarding us or our Website, to any products or services sold or distributed through the Website that you received as a consumer, or to any aspect of your relationship or transactions with us as a consumer of our services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or ThePowerMBA may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
IF YOU AGREE TO ARBITRATION WITH THEPOWERMBA, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST US IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.
12.2. Arbitration Rules and Forum
This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our email email@example.com. The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com (under the Rules/Clauses tab) or by calling JAMS at 800-352-5267. Payment of all filing, administration, and arbitration fees will be governed by JAMS’s rules. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees from JAMS, we will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims with an amount in controversy totaling less than $10,000. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted by telephone, video conference, based on written submissions, or in person in the country where you live or at another mutually agreed location.
12.3. Arbitrator Powers
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ThePowerMBA. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and ThePowerMBA.
12.4. Waiver of Jury Trial
YOU AND THEPOWERMBA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and ThePowerMBA are instead electing to have claims and disputes resolved by arbitration, except as specified above under “Scope of Arbitration Agreement.” There is no judge or jury in arbitration, and court review of an arbitration award is limited.
12.5. Class Action or Consolidated Action Waiver
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. THE USER’S ACCESS AND CONTINUED USE OF THE WEBSITE SIGNIFIES THE USER EXPLICIT CONSENT TO THIS WAIVER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor ThePowerMBA is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 12.
12.6. Opt Out
You may opt out of this Arbitration Agreement. If you do so, neither you nor ThePowerMBA can force the other to arbitrate as a result of this Agreement. To opt out, you must notify ThePowerMBA in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your email address (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: firstname.lastname@example.org. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us.
This Arbitration Agreement will survive any termination of your relationship with us.
Notwithstanding any provision in the Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to us.
14. Applicable law and jurisdiction.
Purchasing any service and/or Program through the Website shall be governed by Spanish law, which shall apply to those matters not contemplated in these Terms and Conditions regarding interpretation, validity and execution.
In the event of any disagreement or claim between the User and ThePowerMBA in relation to the performance or content of these Terms and Conditions, the parties will negotiate in good faith to attempt to resolve such disagreement or claim within a maximum period of one month from the date either party formally notifies the other of the disagreement that has arisen and/or notifies the claim.
Nonetheless, in the event that the disagreement or claim is not resolved within the maximum period indicated and only in cases in which the parties are permitted under these Terms and Conditions to initiate litigation in a court and the regulations foresee the possibility for the parties to submit to a jurisdiction, ThePowerMBA and the User, expressly waiving any jurisdiction that may correspond to them, submit the decision of the matter raised to the Courts and Tribunals of the city of Madrid (Spain). All the above shall apply unless the User is an individual consumer and the User’s local regulations, if applicable to ThePowerMBA, states otherwise.
Last update about this legal document: 2021 April 23