The following describes the terms applicable to the use of the Management Innovation Exchange (“MIX”) website (“the Site”). Your use of the MIX forms a legally binding contract with the Management Lab, Inc. ("MLab” or "us") based on these Terms of Use. PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use the Site. The MLab may revise these Terms of Use at any time by posting an updated version to this Web page.
1. Mission. The stated intent of the MIX is to accelerate the pace of management innovation, and in keeping with this mission, the MIX provides a service ("Service(s)") whereby individuals can exchange information related to management innovation, including – but not limited to – original ideas, anecdotes, enhancements, ratings, questions, comments, feedback, reference material, and links to relevant Web-based material. By using this Site, you acknowledge that the MLab does not in any way control the nature, quality or confidentiality of the content or links posted.
2. Eligibility. The MIX is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the MIX. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this MIX.
3. Registration. To post content to the MIX, you must register as a member (“MIXer”). You may cancel your registration at any time by contactingcancel@managementexchange.com. As part of the registration process, you will be asked to select a password and a login name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a login name of another Mixer, and you may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify the MLab at accounts@managementexchange.com of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. Members are ultimately responsible for maintaining the confidentiality of their password(s).
4. Your Information. As a MIX member, you will have the opportunity to communicate and share information with other users of the MIX. Any information you provide to the MIX or other users of the MIX during your registration or use of the Services, in any posting, through any mail feature, or otherwise generated out of your use of the Services, is subject to the following terms:
a. Your Responsibility. You are solely responsible for the content of any information you contribute to the MIX. You agree that any information your provide to the MIX will be accurate and will not, to the best of your knowledge: (a) infringe any third party's copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing.
b. MLab’s Responsibility. The MLab acts merely as a conduit for the distribution and/or publication of that information, and the MLab reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if the MLab believes such information is inappropriate for the Site or the Services, may create liability for the MLab, or may cause the MLab to lose (in whole or in part) the services of its Internet service provider, advertisers or other suppliers.
c. Privacy. The MLab will only use your information in accordance with its Privacy Policy as posted on the Site: http://www.managementexchange.com/privacy-policy
5. Others' Information. The MLab does not guarantee the accuracy of any information contained on the MIX, whether submitted by users or site administrators. While the MLab believes such information to be posted in good faith, the MLab does not control the information provided by others that is made available through the MIX. Information contributed by others may be inaccurate, and you agree to utilize such information at your own risk, and hold the MLab harmless for any damages that may result from the use of such information. If you should have a dispute with another user of the Services, you hereby release the MLab from all claims of any kind arising out of such dispute. If you are a California resident, you waive California Civil Code, Section 1542, which says: "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."
6. Ownership and Limited License. By submitting information (the “submission”) to the MIX, you automatically grant, and you represent and warrant that you have the right to grant, to the MLab, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such submission for any purpose on or in connection with the MIX or the promotion thereof, to prepare derivative works of, or incorporate into other works, such submission, and to grant and authorize sublicenses of the foregoing. Notwithstanding the foregoing, you retain ownership of the submission and may license the submission to other entities so long as such license is non-exclusive and does not otherwise interfere with the MLab’s rights to the submission. The MLab retains all ownership in all content generated by it that is displayed on the Site. All content on the site, including content you submit, is provided subject to a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License, unless otherwise indicated. The MLab grants you a nonexclusive, revocable right to use the MIX provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the MIX in any manner or form except that you have the right to modify your self-generated content on the MIX. You agree that the MLab shall not be liable to you for any modification or discontinuance of the MIX and that the MLab may cease or suspend operation of the MIX and its Services without any notice to you.
7. Compliance with Rules. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the Services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law; uploading of files or content that contain material that violates the intellectual property rights of any third party. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and the MLab expressly disclaims any liability or responsibility thereto.
8. No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". THE MLAB MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.
9. Limitation of Liability and Disclaimer. The MLAB has no control over, and is not responsible for, the acts or omissions of other MIX users, or the quality or legality of information posted to the MIX.
THE MLAB SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL THE MLAB BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE.
You agree that you will be responsible for, and at the MLab’s request, defend the MLab from third party claims arising out of information you provide to the MLab for publication or due to any breach by you of this agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
10. Confidentiality and Indemnification. You agree that you will not disclose to the MLab or its affiliates, or to any MIX user, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to share, sell or license. Should your participation in the MIX be found to breach legal obligations you may have with other third parties or in the event of a breach of the confidentiality obligations in this Section 10, you agree to defend, indemnify and hold harmless the MLab and the users of MIX, and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with such unauthorized and prohibited disclosure.
You agree that you will not discuss any confidential information of other parties that is posted by a MIX user working within a Private Laboratory, unless you are specifically working within the confines of a Private Laboratory on the MIX. All information in Private Laboratories shall be deemed "confidential information" for purposes of this Section 10.
11. Third-Party Web Site Links. The MIX may contain links to Web sites operated by parties other than the MLab. Such links are provided for reference only and the MLab does not control such Web sites and is not responsible for their contents. The MLab’s inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
12. No Third Party Reliance. You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of the MLab. This agreement shall have no third party beneficiaries.
13. Miscellaneous. This Agreement shall be interpreted in accordance with the laws of the State of California, United States of America (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will occur in Santa Clara County, California. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between the MLab and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by the MLab with respect to the subject matter except as set forth herein. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law. The governing language of these Terms of Use and the Privacy Policy is English.