Terms of Service
MY ONLINE BUSINESS EDUCATION, LTD. (“MOBE”)
ACCEPTANCE OF TERMS THROUGH USE
By using this site, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site. Please check this page periodically for changes as the owner of this site (“MOBE”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes. The MOBE reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement.
YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email MOBE at firstname.lastname@example.org with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.
LICENSE TO USE THIS SITE
LICENSE RESTRICTIONS USE
Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from the MOBE is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You agree that if you are issued a Username and Password by MOBE, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying (email@example.com) MOBE immediately if you discover loss or access to such information by an unauthorized party and by using a secure Username and Password not easily guessed by a third party.
You agree that you shall not try to reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that MOBE shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation or local or foreign export laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompany documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisitions by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisitions by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995. Unpublished rights reserved under the copyright laws of the United States.
ERRORS AND CORRECTIONS
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
LINKS TO OTHER WEBSITES
USER’S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to MOBE through this site (collectively “Submissions”) shall forever be the property of MOBE. MOBE shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future MOBE services or products. Without copy, MOBE shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content – including text, communications, video, software, images, sounds, data, or other information – that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
- infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
INTELLECTUAL PROPERTY RIGHTS
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, mechanical, photocopying, recording, or otherwise, without MOBE’s prior written permission.
MOBE name, logo, and all product names, MOBE names, and other logos, unless otherwise noted, are trademarks and/or trade dress of MOBE. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read their Terms and Conditions and/or Privacy Policies before using such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of MOBE and are not monitored or reviewed by MOBE. The inclusion of such a link or frame does not imply endorsement of this site by the MOBE, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that MOBE and its licensors have no liability whatsoever from such third party sites and your usage of them. You acknowledge and appreciate the risk associated with purchasing from third parties.
MOBE offers a thirty-day, money back guarantee on certain products unless otherwise stated in the various product or service agreements. All subsequent subscription fees are nonrefundable as the benefits of the service are realized immediately upon payment.
DISCLAIMER OF WARRANTIES
MOBE, its advertisers and licensors make no representation or warranties about this site, the suitability of the information contained on or received through use of this site, or any service or products received through this site. All information and use of this site are provided “AS-IS” without warranty of any kind. MOBE, advertisers and/or its licensors hereby disclaim all warranties without regards to this site, the information contained or received through use of this site, and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. MOBE, advertisers and/or its licensors do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents of any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances shall MOBE, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use or inability to use, this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strictly liability, or any other basis, even if MOBE, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the MOBE, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.
You agree to defend, indemnify, and hold harmless MOBE, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claim, and expenses, including attorney’s fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement. MOBE reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with MOBE in asserting any available defenses
MOBE may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault other, that may violate hacking or other criminal regulations of its agent, officers, directors, contractors or employees. In such event, MOBE may disclose the User’s identity and a subpoena or other legal action, and MOBE shall not be liable for damages or results thereof and User agrees not to bring any action or claim against MOBE for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the MOBE from its offices within Panama. It can be accessed from all countries around the world to the extent permitted by site. As each of these places has laws that may differ from Panama, by assessing this site, both you and the MOBE agree that the statutes and laws of Panama shall apply to any actions or claims arising out of or on relation to this Agreement or your use of this site, without regards to conflicts of laws principles thereof. You and the MOBE also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Panama and any legal proceedings shall be conducted in English. The MOBE makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and posts such Rules. This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the MOBE. If any provision of this Agreement is prohibited by law are held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law.
Last updated March 12, 2015
INDIVIDUAL INFORMATION AND OTHER DATA WE COLLECT
- Individual Information- As used herein, "Individual Information" means Survey Information, Third-Party Survey Information, Other Information, Technology Information, Outside Information, and any other information MOBE gathers or receives about individuals.
- Survey Information- MOBE collects information from individuals when they voluntarily complete an MOBE survey, order form, or registration page either online, in person, by mail, by telephone or other similar means (collectively, a "Survey"). In Surveys, MOBE or third-party may ask an individual to provide various information to MOBE, which may include his or her name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, employment information, personal and online interests, and such other information as may requested from time to time (together, "Survey Information"). An individual may receive incentives from MOBE or a third-party in exchange for providing Survey Information to MOBE. If a login or password is generated, you are responsible for maintaining the confidentiality of your information and password.
- Third-Party Survey Information- MOBE may collect information from individuals when they provide information to a third-party, and MOBE subsequently purchases, licenses, or otherwise acquires the information from the third-party ("Third-Party Seller"). Such purchased information may include, but is not limited to, Survey information ("Third-Party Survey Information"). When acquiring Third-Party Survey Information, MOBE seeks assurances from the Third-Party Seller that the Third-Party Seller has a right to transfer the Third Party Survey Information to MOBE and that the Third-Party Seller has a right to provide offers from advertisers to the individuals included on the Third-Party Seller's list.
- Other Information- MOBE may obtain other information in situations including, but not limited to (1) when an individual is making a claim for a prize or seeking to redeem an incentive offered by MOBE or by a third-party, (2) when an individual requests assistance through MOBE's or affiliate customer service department, or (3) when an individual voluntarily subscribes to a MOBE service or newsletter (together, "Other Information"). MOBE may also receive information about individuals from third-parties or from other sources outside of MOBE including information located in public databases ("Outside Information").
- Technology Information- Individuals who use our Websites need to accept cookies in order to use all of the features and functionality of the Websites. MOBE currently uses cookie and web beacon technology to associate certain Internet-related information about an individual with information about the individual in our database. (A cookie is a small amount of data stored on the hard drive of the individual's computer that allows MOBE to identify the individual with his or her corresponding data that resides in MOBE's database. You may read more about cookies at www.cookiecentral.com. A web bug, web beacon, or action tag is programming code that can be used to display an image on a web page (by using an programming function -- see www.w3.org for more information), but can also be used to transfer an individual's unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. For information about web bugs, visit http://www.webopedia.com/TERM/W/Web_beacon.html). Collected information includes but is not limited to your IP address, the date and time you access the site, the URL that you just came from, which URL you go to next, which browser your are using and which operating system you are using. Additionally, MOBE may use other new and evolving sources of information in the future (together, "Technology Information"). As a result, MOBE strongly encourages individuals to revisit this policy for any updates regarding its use of technology. If you do not want to help MOBE learn how to improve its site, product, offers and marketing strategy, you can "opt-out" of the website analysis tool by emailing privacy@MOBE.com. MOBE may also use web bugs in email messages or newsletters.
- Changes to Individual Information. Currently there are no processes or procedures which you can use to review and/or request changes to personally identifiable information.
- No Information Collected from Children. MOBE's products and services do not solicit information or target information of any kind to children under the age of 13. MOBE will not knowingly collect any personal information about children under the age of 13. It is possible by fraud or deception we may receive information pertaining to children under the age of 13. If MOBE obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not collect such information, MOBE has no such information to use or to disclose to third parties. MOBE has designed this policy in order to comply with the Children's Online Privacy Protection Act ("COPPA").
- Credit Card Information. MOBE may in certain cases collect credit card numbers and related information, such as the expiration date of the card ("Credit Card Information") when an individual places an order from MOBE. When the Credit Card Information is submitted to MOBE, such information is encrypted and is protected with SSL encryption software. MOBE will use the Credit Card Information for the purpose of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction. Credit Card Information is not included in the definition of "Individual Information" and is not shared with Third Parties. Specific opt-in requirements for sharing of financial information under various state laws such as Vermont and New Mexico do not apply.
- Discretion to Use Information. MOBE MAY USE INDIVIDUAL INFORMATION FOR ANY LEGALLY PERMISSIBLE PURPOSE IN MOBE'S SOLE DISCRETION. MOBE may use Individual Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, among other possible uses.
- Email. MOBE uses Individual Information to provide promotional offers by email to individuals. If email recipients wish to end their email subscription, they may do so as described in paragraph 5 below. In certain commercial email messages sent by MOBE, an advertiser's name will appear in the "From:" line, but hitting the "Reply" button will cause a reply email to be sent to MOBE. The "Subject:" line of MOBE email messages will usually contain a line provided from the advertiser to MOBE. The subject line will not usually contain phrases such as "ADV:" or "ADVERTISEMENT". MOBE only sends email to individuals who have agreed on its websites to receive email from MOBE or to individuals who have agreed on third-party websites to receive email from third-parties such as MOBE. MOBE does not send unsolicited email messages. As a result, statutes requiring certain formatting for unsolicited email are not applicable to MOBE's email messages.
- Targeted Advertising. MOBE uses Individual Information to target advertising to an individuals. MOBE uses Individual Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. Monitoring and Recording. You hereby give permission and consent to MOBE or its affiliates to contact you via phone or email and agree to allow MOBE or its affiliates to monitor or record your phone conversations. Verbal notice may not be provided of monitoring or recording.
- Storage of Individual Information. MOBE stores the Individual Information in a database on MOBE computers. Our computers have security measures (such as a firewall and monitoring) in place to protect against the loss, misuse, and alteration of the information under MOBE's control. Notwithstanding such measures, even the most robust security systems are not foolproof and MOBE cannot guarantee that its security measures will prevent MOBE computers from being illegally accessed, and the Individual Information on them stolen or altered.
DISTRIBUTION OF INFORMATION
- Sale or Transfer to Affiliates or Third-Parties. MOBE MAY SELL OR TRANSFER INDIVIDUAL INFORMATION TO AFFILIATES OR THIRD-PARTIES FOR ANY PURPOSE IN MOBE'S SOLE DISCRETION. MOBE will transfer Individual Information to third-parties when necessary to provide a product or service that a person orders from such third-party while using MOBE websites or when responding to offers provided by MOBE. MOBE may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
- Other. MOBE may disclose Individual Information to respond to subpoenas, court orders, regulatory requests and other legal process. MOBE may also disclose or exchange Individual Information with other companies for fraud protection and credit risk reduction. MOBE may disclose Individual Information to protect or defend the rights or property of MOBE or its websites, its products, or services, the personal safety of its employees or in urgent circumstances, the safety of members of the public. MOBE's websites are located in the United States. If you are located in the European Union or anywhere outside the United States, any information you provide will be transferred to the United States. Your use of our websites means that you consent to such transfers.
- You may receive commercial messages from third-party marketing partners.
PRIVACY PRACTICES OF THIRD-PARTIES
- Links to Third-Party Advertisers. The Websites and email messages sometimes contain hypertext links to the web sites of third parties. MOBE is not responsible or liable for the privacy practices or the content of such other websites.
- Advertiser cookies and web bugs. Advertising agencies, advertising networks, and other companies (together, "Advertisers") who place advertisements on their websites and on the Internet generally may use their own cookies, web bugs, and other technology to collect information about individuals. MOBE does not control Advertisers' use of such technology, and MOBE has no responsibility for the use of such technology to gather information about individuals.
- Rights of California Residents. Under California law, California residents who have an established business relationship with MOBE may choose to opt-out of MOBE's disclosure of Individual Information to third-parties for marketing purposes. MOBE discloses Individual information to companies for product fulfillment, to other companies in its sole discretion, and to Governmental and/or regulatory authorities. If, having provided your consent, you would like to revoke your consent to future disclosures of your Individual Information to third-parties, you may do so. This opt-out will not prevent the use of Individual Information that has already been disclosed to third parties with your consent and you should contact such third parties directly to opt-out from such communications. If you choose to opt-out, send a request by email or by sending a letter by postal mail to the street address provided in paragraph 5(c) above. For requests sent by email, you must put the statement "Privacy Department - Your California Privacy Rights" in the subject field of your email. For requests sent by postal mail, you must address the letter to the attention of "Privacy Department - Your California Privacy Rights". For all requests, include your name, street address, city, the state of California, and zip code. MOBE will not accept requests via the telephone or by facsimile. MOBE is not responsible for notices that are mislabeled, misdirected or have incomplete information. Because MOBE provides its California users with the ability to exercise his or her "opt-out" right, pursuant to Section 1798.83 (c)(2) of the California Civil Code, MOBE is not obligated to provide California users with the names and addresses of all the third parties that received Individual Information for the third parties' direct marketing purposes during the preceding calendar year.
Option 1: Unsubscribe from one email list. To unsubscribe from a particular list follow the instructions in each promotional email message sent by MOBE.
Option 2: Unsubscribe from all MOBE email lists. We reserve the right to add Individual Information to multiple lists maintained by MOBE. To globally unsubscribe from all of MOBE's lists go to http://www.mobe.com/remove and complete the web form.
Option 3: Unsubscribe by sending a letter to: MOBE Ltd. B1-28-8, Soho Suites at KLCC, No. 20 Jalan Perak, 50450, Kuala Lumpur
If you choose to promote MOBE products and live events as an affiliate partner, you understand your results will depend on many variables. Although MOBE can show the results of past and current affiliate partners, there is no way to predict what your individual results will be. MOBE has affiliate partners that have earned many hundreds of thousand of dollars promoting our products and events, and MOBE also have students that made no money, and students that have landed somewhere in-between these two extreme scenarios. Purchasing this product does not guarantee that you will have a certain result. Promoting MOBE products and events as an affiliate partner is like any real business with potential results that range widely, depending on many factors including you. We share this with you so we can insure that you made this decision to purchase our product with the correct expectations.
This site reserves the right to revise these provisions at its discretion, so check back from time to time to be sure you are complying with the current version.