TERMS & CONDITIONS
Published on March 24th, 2023.
- Definitions: For the purposes of these terms and conditions, "user" shall mean any individual or entity accessing or using the ranking or any related services, "institution" shall mean any educational or corporate entity participating in the ranking process or using the ranking for their internal purposes, "our business" shall mean Emplios, Inc.
- Ownership and Copyright: All content and materials provided by our business, including but not limited to ranking methodology, data, and reports, are the exclusive property of our business and are protected by copyright and other applicable intellectual property laws. Users and institutions are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the ranking solely for their personal or internal business purposes, in compliance with these terms and conditions. Users and institutions are prohibited from reproducing, distributing, modifying, or using any of our content without obtaining express written permission from our business.
- Privacy: Our business is committed to safeguarding the privacy of our clients. We will not share personal information with third parties without consent, except when required by law. Users or Institutions may be asked to provide personal information to access certain features or services, and such information will only be used for the purpose specified.
- Data Collection and Use: Our business collects and uses data to enhance the accuracy and relevance of the ranking. We will not share this data with third-party partners for research or other purposes. Users or Institutions may be asked to provide personal information to access certain features or services, and such information will only be used for the purpose specified.
- Paid Subscription: Institutions subscribing to our ranking process are subscribing for the following ranking year (meaning that for example, if an institution subscribes in 2023, it will be ranked in our 2024 ranking). The subscription fee is non-refundable, must be fully-paid, and will be billed on January 1st of each renewed year for the following ranking year (meaning that for example, the 2025 ranking will be billed on January, 1st 2024). By subscribing to our ranking process, institutions agree to comply with these terms and conditions, including the payment of the selected option's fees.
- Payment Schedule and Method: Institutions may choose to pay the paid subscription fee in full upon subscription or in monthly installments. If choosing monthly installments, the fee must be paid on the first day of each month, and the total amount must be paid in full by December 1st of the subscription year. Payment may be made by wire transfer to the bank account provided by our business without any related fees (if applicable, wires or exchanges fees should be paid by the Institution) or by direct debit (with a monthly $2 surcharge to cover the direct debit fees).
- Paid Subscription Renewal & Paid Subscription Terminal: The subscription will automatically renew until the Institution cancels it three months before the end of the current year.
- Termination for Ineligibility: Our business reserves the right to terminate an institution's subscription to the Masters in Business ranking if the institution no longer meets the eligibility criteria set forth by our business. In such cases, our business will provide written notice of termination to the institution.
- Data Accuracy and Truthfulness: Institutions are responsible for providing accurate and truthful data to our business for use in the ranking. If our business discovers that an institution has provided inaccurate or misleading data, we may require the institution to provide corrected data or may seek other remedies, including but not limited to requiring the institution to pay compensatory damages for any harm caused by the inaccurate data.
- Use and Disclosure of Ranking Results: Institutions may use the ranking results for their internal purposes and in their marketing and promotional activities, provided that they do so in accordance with applicable laws and regulations. Institutions shall not use the ranking results in any way that may misrepresent or mislead the public or violate any intellectual property rights or other proprietary rights of our business. Institutions shall also acknowledge the source of the ranking results and provide appropriate attribution to our business. Our business reserves the right to review and approve all uses of the ranking results by institutions and to take appropriate measures, including legal action, to prevent any unauthorized or inappropriate use of the ranking results.
- Confidentiality & Non Disclosure Clause: Both parties agree to maintain the confidentiality of any sensitive or proprietary information shared or obtained during the course of their relationship and to take reasonable precautions to prevent unauthorized disclosure of such information to third parties. This clause shall remain in effect for a period of five (5) years following the termination of the paid subscription.
- Limitation of Liability: Our business, its leadership, employees, and consultants shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of business, costs incurred, loss of revenue, loss of opportunity, loss of contracts, loss of expectation, or loss of use, resulting from or related to the ranking process or these terms and conditions. The maximum aggregate liability of our business for all claims arising from or related to these terms and conditions or the ranking process shall not exceed the total fees paid by the user or institution to our business in the twelve (12) months preceding the claim.
- Disclaimer of Liability: Our business provides the ranking as-is and makes no representations or warranties regarding the accuracy or completeness of the ranking. Our business shall not be liable for any errors, omissions, or damages arising from the use of the ranking. By using the ranking, users and institutions assume full responsibility and agree to indemnify and hold our business harmless from any claims, damages, or liabilities resulting from such use.
- Indemnification: Users and institutions agree to indemnify, defend, and hold harmless our business, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with their breach of these terms and conditions or any applicable laws.
- Force Majeure: Neither party shall be liable for any failure or delay in the performance of its obligations under these terms and conditions due to events or circumstances beyond its reasonable control, including but not limited to natural disasters, war, government actions, or labor disputes.
- No Waiver: No failure or delay by either party in exercising any right, power, or remedy under these terms and conditions shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
- Notices: All notices or other communications required or permitted under these terms and conditions shall be in writing and shall be deemed given when delivered personally, sent by registered or certified mail, return receipt requested, or sent by email to the addresses designated by the parties in writing or to such other addresses as either party may designate by notice to the other party.
- Severability: If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed replaced by a valid, enforceable provision that most closely reflects the intent of the original provision.
- Entire Agreement: These terms and conditions, together with any other documents, policies, or guidelines referenced herein or expressly incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof. This agreement supersedes all prior and contemporaneous agreements, understandings, negotiations, and communications, whether written or oral, between the parties relating to the same subject matter. No amendment, modification, or waiver of any provision of these terms and conditions shall be effective unless in writing and signed by both parties.
- Modification and Termination: Our business reserves the right to modify, suspend, or terminate the ranking, or any portion thereof, at any time and without notice. We also reserve the right to modify these terms and conditions at any time and without notice.
- Governing Law and Dispute Resolution: These terms and conditions shall be governed by and construed in accordance with the laws of New York State, USA, without regard to any principles of conflicts of law. Any disputes arising from these terms and conditions shall be resolved through binding arbitration in New York City under the rules of the American Arbitration Association, with each party bearing its own costs and expenses.