Last Updated: Nov 1, 2011
Welcome to SmartGlobal FZ LLC, Inc., a corporation (together with its officers, directors, agents, employees, partners and their respective affiliates, collectively, "SmartGlobal") whose mission is to develop and distribute Executive Education programs with partner institutions and render consultancy services.
PLEASE READ THESE TERMS AND CONDITIONS FOR SERVICES CAREFULLY. BY PARTICIPATING IN THESE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PARTICIPATE IN THESE SERVICES.
These terms and conditions for Services ("Terms") apply solely to your access to, and use of, the Web site of SmartGlobal, located at www.smartglobalme.com and www.exedco.com (the "Website") to participate in the services that SmartGlobal provides to institutions and participants which include, but are not limited to, developing Executive Education programs with reputed Partner Institutions, providing a platform to Partner Institutions to present their educational and developmental programs to professionals (the "Services").
If you are an institution seeking to partner with SmartGlobal to present or presenting Executive Education programs (as defined below), you are the legal representative of the institution (the "Institution"). If you are a person who wants to participate in the Executive Education programs organized by SmartGlobal you are a "Participant". Using the Services of SmartGlobal as an Institution to deliver programs or a Participant to attend Executive Education programs, SmartGlobal will engage in activities to market programs and, depending on the registration of participants, organize programs. Participants will pay to attend Executive Education programs and if SmartGlobal receives adequate participants within the time allotted for marketing, Institutions will deliver the programs. SmartGlobal is the organizer and facilitator of the Executive Education programs of the partner institutions. SmartGlobal markets the Executive Education programs of the partner institutions. SmartGlobal represents the quality and content of the Executive Education programs of the partner institutions to potential participants. Programs delivered by SmartGlobal are certified by the partner institutions. SmartGlobal makes no guarantee, express or implied, of the quality, efficacy, and outcomes of the programs for the partner institutions and participants. The relationship of the Partner Institutions and participants is direct and SmartGlobal is not responsible for its efficacy, quality, and outcomes.
The following General Terms are for both Institution and Participant and SmartGlobal and are agreed to by Institution, Participant and SmartGlobal.
General Use of the Services
Institution and Participant, as the case may be, is granted a limited, non-sub licensable license to access and participate in the Services. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Content; (b) the distribution, public performance or public display of any Content; (c) modifying or otherwise making any derivative uses of the Services or Content, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, Website, Contents or any information contained therein, except as expressly permitted by the Services or on the Website; or (g) any use of the Services, Website or Content other than for its intended purpose. Any use of the Services, Website or Content other than as specifically authorized herein, without the prior written permission of SmartGlobal, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the Dubai International Financial Center (DIFC) in Emirate of Dubai, United Arab Emirates, without regard to its or any other jurisdiction´s choice of law or conflict of law provisions. If any dispute arises between Institution and Participant, as the case may be and SmartGlobal, including, without limitation, any dispute arising from or relating to the Services, Institution and Participant, as the case may be, agrees that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the Arbitration governed by Dubai International Financial Center (DIFC) in Emirate of Dubai, United Arab Emirates. The arbitration shall be heard and adjudicated by one arbitrator to be selected by agreement between Institution and Participant, as the case may be, and SmartGlobal. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Dubai International Financial Center (DIFC) in Emirate of Dubai, United Arab Emirates, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof.
Institution and Participant, as the case may be, agrees to indemnify and hold SmartGlobal harmless from any loss, liability, claim, or demand, including reasonable attorney´s fees, made or incurred by any third party due to or arising (directly or indirectly) out of Institution and Participant´s, as the case may be, participation in the Services or arising from Institution and Participant´s, as the case may be, breach of these Terms.
These Terms will remain in full force and effect while Institution and Participant, as the case may be, participates in the Services and, notwithstanding anything herein to the contrary, these Terms will remain in effect after Institution and Participant, as the case may be, participation in the Services and status as an Institution and Participant is terminated. Whether or not Institution and Participant, as the case may be, is and remains eligible to participate in the Services or any other services or offerings from SmartGlobal, may be determined by SmartGlobal in its sole and absolute discretion. Institution and Participant, as the case may be, may terminate its participation and status as a Institution and Participant at any time and for any reason by sending a written notice of termination to SmartGlobal. For the avoidance of doubt, such termination of participation or status as an Institution and Participant, whether by decision of SmartGlobal or of Institution and Participant, relates only to termination of eligibility to continue participating in the Services. Similarly, termination of status as an Institution and Participant will NOT discharge any current obligations that the Institution and Participant has incurred by using the Services. After termination of status as an Institution and Participant, Institution and Participant will remain bound to these Terms and associated payment obligations in force at the time of termination and will be responsible for making any payments under any Agreements without the benefit of any of the Services.
Entire Agreement; Severability
The Terms, which include these General Terms for both Institution and Participant, and SmartGlobal regarding the participation in the Services. These Terms may not be orally amended. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect.
Please contact us at email@example.com with any questions regarding these Terms.
Welcome to SmartGlobal, a company (together with its officers, directors, agents, employees, partners and their respective affiliates, collectively, "SmartGlobal") whose mission is to organize Executive Education programs and provide consultancy services.
This Agreement supersedes any previous Agreement to which you and SmartGlobal may have been bound regarding the use of the Website. This Agreement may be modified by SmartGlobal in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by SmartGlobal on the Website. Your use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with the modifications, you must stop using or accessing the Website.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Participation in the Services
SmartGlobal manages the Website, which advertises Executive Education programs presented by Partner Institutions that individuals attend. The programs are delivered by faculty of Partner institutions and certified by Partner institutions. All participation in the Services is governed by the Terms and Conditions for Services. Please refer to our Terms and Conditions for Services for the terms, conditions and policies applicable to your participation in the Services. By participating in the Services through the Website, you agree to be bound by and accept the Terms and Conditions for Services. The Terms and Conditions for Services are subject to change without prior notice at any time, in SmartGlobal´s sole discretion so you should review the Terms and Conditions for Services each time you participate in the services.
"SmartGlobal" and the "SmartGlobal" logo are trademarks and service marks of SmartGlobal. SmartGlobal or its licensors own and retain all proprietary rights in the Services, the Website and all material and information posted thereon ("Content"). The Website contains the copyrighted material, trademarks and other proprietary information of SmartGlobal and its licensors. You may display and print limited copies of the Content for your personal, non-commercial use in connection with your participation in the Services (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written permission of SmartGlobal. In addition, to the extent you receive information from SmartGlobal, Issuers or other Investors with respect to any Investment activity on the Website, you may not further disclose or otherwise provide such information to another party in any way that allows a personal identification of such Issuer or Investor.
If you post any messages or other information on the Website, you agree that such messages and information shall be considered Content, and you agree to grant, and shall be deemed to have automatically granted to SmartGlobal an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute such information and content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, such information and Content; and (c) grant and authorize sublicenses of the foregoing. You represent and warrant that you have the right, power and authority to grant the foregoing license.
To the extent you upload or post any photographs of yourself on the Website, you agree that such materials shall be considered Content for the purposes of the foregoing license grant, and you agree to release, discharge and hold harmless SmartGlobal from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of such Content, including any claims of infringement of any rights of publicity or rights of privacy.
You acknowledge, consent and agree that SmartGlobal may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and submitted Content in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of SmartGlobal, its users, or the public.
The Website is for use in connection with the Services and may not be used by you in connection with any other endeavors except as previously approved in writing by SmartGlobal. Your use of the Website shall be in strict compliance with this Agreement and all other procedures and guidelines set forth on the Website and applicable law. You may not transmit any chain letters or junk email to any User or any other Person. Illegal and/or unauthorized uses of the Website, including collecting the name, email address or any other personal or confidential information of any User by electronic or other means for any reason, including, without limitation, the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, will be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal and injunctive redress.
Although SmartGlobal assumes no obligation to monitor the conduct of any User on or off the Website, it is a violation of this Agreement to use the Website or any information obtained from the Website in order to harass, abuse, or harm another person. In order to protect its Users from this or other misuse, SmartGlobal reserves the right to remove Content from the Website that violates acceptable use in SmartGlobal´s sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that SmartGlobal deems appropriate, in SmartGlobal´s sole and absolute discretion.
The Website includes features and functionality whereby a User may post and transmit information, images and other materials. All such information, images and materials, whether publicly posted or publicly or privately transmitted, are the sole responsibility of the User who originates such content. SmartGlobal assumes no obligation to monitor or control such posted or transmitted Content and cannot take responsibility for such Content posted or transmitted by a User. However, SmartGlobal reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Content, and to restrict, suspend or terminate the participation of any User or any lending team from the Website and from all SmartGlobal services and Services at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to upload, post or submit any content, including, but not limited to, written materials or images, that in SmartGlobal´s opinion is obscene, profane, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person´s privacy, property or proprietary rights. SmartGlobal takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is SmartGlobal liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of features and functionality where Users post or transmit Content is at your own risk.
Third Party Content
SmartGlobal may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. SmartGlobal does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that SmartGlobal is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.
Advertisements and Promotions; Third-Party Products and Services
Issuer may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. SmartGlobal is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-SmartGlobal advertisers or third party information on the Site.
SmartGlobal neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Website.
THE WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICES, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND WEBSITE-RELATED SERVICES.
SmartGlobal makes no representation or warranty, express or implied, with respect to any third party data provided to SmartGlobal or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. SmartGlobal will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by SmartGlobal or "force majeure" or any other cause beyond the control of SmartGlobal.
Limitation of Liability
IN NO EVENT SHALL SmartGlobal, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM SmartGlobal OR ANOTHER USER, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SmartGlobal´S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SmartGlobal, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SmartGlobal FOR ACCESS TO OR USE OF THE WEBSITE.
You understand that any and all decisions made by you after your use of the Website are yours alone. SmartGlobal cannot and does not verify the accuracy of information from Users. SmartGlobal shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from using the Website; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of using the Website or as a result (directly or indirectly) of utilizing information received in connection with the Website, including but not limited to, User reliance on fraudulent, misleading, false, incorrect or inaccurate representations by Issuers or other Users. In addition, in no event will SmartGlobal be liable to you or any third person for any direct or indirect damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website, even if SmartGlobal has been advised of the possibility of such damages, costs, losses or expenses.
SmartGlobal is not responsible, and shall have no liability, for any false, misleading, fraudulent, incorrect or inaccurate Content posted on the Website or for any liability, cost or expense you may incur in connection with the Services, whether caused by any User or other person. You also acknowledge and agree that Users are not liable for Content created and posted by SmartGlobal on the Website. SmartGlobal is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website, SmartGlobal assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications. By using the Services, you release SmartGlobal from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the your activities as an Issuer or Investors and for any use of the Website or the Services, or any Content posted on the Website or transmitted to, or any interactions between, any Users of the Website, whether online or offline, including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
Disputes Among Users
You are solely responsible for your interactions with any Issuers, Investors, or any other User (even to the extent prohibited hereby) and any disputes that may result from such interactions.
SmartGlobal reserves the right, but has no obligation, to monitor disputes between you and such persons.
Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the Dubai International Financial Center (DIFC) in Emirate of Dubai, United Arab Emirates, without regard to its or any other jurisdiction´s choice of law or conflict of law provisions. If any dispute arises between you and SmartGlobal, including, without limitation, any dispute arising from or relating to the Website or the Services, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the arbitration in Dubai International Financial Center (DIFC) in Emirate of Dubai, United Arab Emirates. The arbitration shall be heard and adjudicated by one arbitrator to be selected by agreement between you and SmartGlobal. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Dubai International Financial Center (DIFC) statutes, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or SmartGlobal may seek any injunctive relief in a Dubai International Financial Center (DIFC) in Emirate of Dubai, United Arab Emirates courts, UAE, as may be necessary to preserve rights pending the completion of arbitration and SmartGlobal may seek any injunctive relief in a Dubai International Financial Center (DIFC) in Emirate of Dubai, United Arab Emirates court in UAE, or another court of competent jurisdiction, at any time against any violations of Section 4 (Proprietary Rights) or Section 5 (Acceptable Use) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND SmartGlobal HEREBY WAIVE YOUR RIGHT TO A COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold SmartGlobal harmless from any loss, liability, claim, or demand, including reasonable attorney´s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or arising from your breach of this Agreement.
Registration Data; Account Security
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (´Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the registration Data, and any other information that you provide to SmartGlobal, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to SmartGlobal.
This Agreement will remain in full force and effect while you use the Website, any SmartGlobal Services, or participate in the Services as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Services and status as a User is terminated. Whether or not you are and remain eligible to participate in the Services, use the Website or any other services or offerings from SmartGlobal, may be determined by SmartGlobal in its sole and absolute discretion. You may terminate your participation and status as a User at any time and for any reason by sending a written notice of termination to SmartGlobal.
Entire Agreement; Severability
This Agreement, accepted upon use of the Website and further affirmed by becoming a User, contains the entire agreement between you and SmartGlobal regarding the use of the Website. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.