Overview
These Terms of Use (“Terms”) govern all websites that we, the Graduate Management Admission Council (“GMAC” or “we”), own and operate, including, but not limited to, gmac.com, mba.com, and advancery.gmac.com (each, a “Website”). All Websites are controlled and operated by GMAC and certain service providers and/or agents from their offices within the United States, unless otherwise noted. Contact GMAC Customer Care with any questions regarding these Terms or any other GMAC policy.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS FURTHER SET FORTH BELOW, REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU ARE GIVING UP THE RIGHT TO SUE US IN COURT OR IN CLASS ACTIONS OF ANY KIND.
Certain Definitions
- Content: All of the products, services, and information provided on a Website, including, but not limited to, all of the page headers, images, graphics, text, logos, button icons, design, layout, software (including source code), sounds, music, video files, and data.
- User Submitted Content: Any user communications made to or through a Website or content provided by a user to or through a Website. This does not include customer service requests submitted on the “Contact Us” page of a Website. To add content to a Website, you must first register on the Website.
Agreements, Notices, and Disclosures
If you do not agree with these Terms, you may not access a Website, use Content, or provide User Submitted Content. By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence.
We will provide you access to these Terms and any subsequent updates.
You agree that by using a Website, you signify your agreement to these Terms and any updates made to these Terms. It is your responsibility to read these Terms and check for updates on a regular basis. These Terms, together with the other terms and policies referenced herein, constitute the entire agreement between you and GMAC with respect to the Websites and any and all Content and User Submitted Content, as well as all services provided by GMAC in connection therewith.
Your agreement to these Terms does not confer any rights, remedies, or benefits upon any person other than you and GMAC, and you may not assign any rights under these Terms without the prior written consent of GMAC.
All agreements, notices, disclosures, and other communications provided by GMAC to you electronically satisfy any legal requirement that such communications be in writing.
We reserve the right to modify these Terms and any other policies governing a Website at any time, without notice. Modifications may be posted here, and you are deemed to be aware of and bound by any changes.
For further information regarding your privacy rights and responsibilities, please review our Privacy Statement, which is expressly incorporated by reference herein.
If GMAC is acquired or otherwise restructured, these Terms shall remain in force and the responsibility for, and benefits of, these Terms shall be passed to the new organization responsible for the Website(s).
Should any provision of the Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.
Access to Website(s), Content, and User Submitted Content
You may view, access, and contribute to Content on a Website, but only for your personal, non-commercial use.
If you are notified that your access has been terminated, you must no longer attempt to access the Website, use the products, services, and Content provided through the Website, or submit content on the Website.
You will only use a Website or Content, or provide User Submitted Content, in accordance with:
- These Terms;
- Applicable laws, orders, and regulations;
- The rights of other individuals, including privacy, publicity, or other personal rights; and
- Other applicable terms, such as the GradSelect search service terms.
You will only provide User Submitted Content that does not contain personally identifiable information about other persons, such as their phone number, contact information, or email address, or information about them that could result in an invasion of their privacy or their harassment.
You will not provide User Submitted Content that is illegal, indecent, profane, threatening, obscene, abusive, hateful, or defamatory and that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You will not provide any User Submitted Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
You shall not breach, or attempt to breach, the security of a Website, Content, or User Submitted Content. You shall not interfere with, attempt to interfere with, or otherwise disrupt the proper working of a Website.
We reserve the right to modify, including delete, Content and User Submitted Content at any time without notice. Modifications may be posted on the Website, and users are deemed to be apprised of and bound by any changes.
We reserve the right to terminate your access (including terminating your login and password) and block your access to a Website if you are a repeat infringer of these Terms, or any GMAC policy, at any time, in our sole discretion, with or without notice, and without any liability.
You grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute, and display your User Submitted Content throughout the world for any purpose and in any media (including, but not limited to, for advertising or other commercial use).
If we publish your User Submitted Content or authorize or license others to do so, your User Submitted Content may be edited for length or clarity or for any other reason either before or after it is published.
We reserve the right to perform internal investigations, pursue a civil lawsuit, criminal prosecution, and/or involve, report to, and/or cooperate with law enforcement, governmental, and/or other authorities regarding any alleged or actual illegal, fraudulent, or other unauthorized activities involving a Website, Content, or User Submitted Content with or without notice to you.
You grant us the non-exclusive right to seek to enjoin and/or obtain damages from any third party for the unauthorized use or reproduction of your User Submitted Content.
Registration and Account
You will be required to create an account or register to obtain access to certain portions of certain Websites. As part of such registration and account creation process, you will provide your email address and create a password. You will provide GMAC with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) use an email address already used by another person; (ii) create an account for anyone other than yourself without permission; (iii) use an email address in which another person has rights without such person’s authorization; or (iv) use an email address or password that GMAC, in its sole discretion, deems offensive or inappropriate. GMAC reserves the right to deny creation of your account based on GMAC’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify GMAC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security impacting your account, including, but not limited to, loss, theft, or unauthorized disclosure of your password or credit card information. You agree you will not sell, transfer, or assign your account or any account rights. Notwithstanding the foregoing, you are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your email address and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed any services provided on our Websites is sold or transferred to another party, you represent and warrant that you will delete all cookies and software files obtained by or through use of such services.
GMAC reserves the right to terminate your account, in its sole discretion, at any time without notice. If we disable your account, you agree that you will not create another one without our permission. You may terminate your account at any time by providing us with written notice or as otherwise made available through the Website from time to time. Your account will be terminated within a commercially reasonable time period after you provide written notice. You are responsible for all charges incurred through your account up to the time the account is terminated. Notwithstanding anything else herein, GMAC reserves the right to pursue any and all claims against any user of your account.
Intellectual Property
All of the Content and each Website is the exclusive property of GMAC and its licensors. Except as expressly provided in these Terms, we and our licensors exclusively own all right, title, and interest in and to the Content and each Website. Except for the access rights expressly granted herein, all rights in and to all of the foregoing are reserved by GMAC. These Terms do not convey to you any rights of ownership or other intellectual property right in, to, or under any part of any Website or any Content.
Laws and Regulations
Access to our Website and its Content from other countries where such Content is illegal is prohibited. If you choose to access this Website, and its Content, you do so on your own initiative and are responsible for compliance with applicable local laws and regulations.
Recognizing the global nature of the Internet, you agree to comply with all applicable local laws and regulations regarding online conduct and acceptable content.
You agree to comply with all applicable laws regarding the transmission of data or information exported from the United States or the country in which you reside. You further agree not to upload to our Website any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. You are also responsible for complying with any local laws in your country that may impact your right to import, export, or use any services provided on our Website.
These assurances and commitments shall survive any termination of the Terms and your use of this Website.
Site Link Terms: If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the homepage of this Website, and subject to the following conditions:
- You do not create a frame or any other browser or border environment around this Website;
- You do not in any way imply that GMAC is endorsing any products or services other than its own;
- You do not misrepresent your relationship with GMAC nor present any other false information about GMAC or its products and services;
- You use GMAC trademarks only in accordance with this Website’s Copyrights, Trademarks and Logos pages; and
- The website, blog, or other location where you provide the link does not contain content that is distasteful, offensive, or controversial, does not infringe any intellectual property rights or other rights of any other person, and complies with all applicable laws and regulations.
All Websites and Content are protected by U.S. and international copyright laws.
GMAC makes no representation that the Content is appropriate for use in all locations, or that the Content provided is available or appropriate for sale or use in all jurisdictions.
All Content is subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by GMAC. The entire Content of our Website is protected by U.S. and other copyright laws as a collective work, and GMAC owns a copyright in the selection, coordination, arrangement, and enhancement of the Content.
GMAC expressly reserves the right to revoke licenses granted for site links for breach of the Site Link Terms and to take any action it deems appropriate. You agree to fully indemnify GMAC for any loss or damage suffered by GMAC for breach of these terms.
For further information regarding Copyrights, Trademarks and Logos, please visit our Copyrights, Trademarks and Logos pages.
The Websites may from time to time include, feature, or link to information, data, and other content or websites from third parties (collectively, the “Third-Party Content”). For the avoidance of doubt, GMAC does not approve or endorse, is not responsible or liable for, and makes no representations as to any Third-Party Content. GMAC shall have no liability whatsoever in connection with any Third-Party Content. Use of any Third-Party Content shall be governed by terms of use or other applicable legal conditions of the third party providing such Third-Party Content.
Claims, Guarantees, and Liabilities
You specifically waive any claims you may have arising out of your use of a Website, including, but not limited to, any claims that are unknown or unsuspected as of the date of your acceptance of these Terms.
You expressly agree that use of a Website or Content is at your own risk. Any Content downloaded or otherwise acquired through a Website is obtained at your own initiative, and you are solely responsible for any damage to your computer system or loss of data resulting from such Content.
YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM OR PROVIDE TO A WEBSITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, BOTS, AND OTHER COMPUTER PROGRAMMING ROUTINES OR ENGINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR INFORMATION.
YOU ACKNOWLEDGE THAT NEITHER GMAC NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY CONTENT ON A WEBSITE MAKES ANY GUARANTEES OR WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, WITH RESPECT TO A WEBSITE OR CONTENT OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION: WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE CONTENT WILL BE FREE OF ERRORS, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
GMAC WEBSITES AND THEIR CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
GMAC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF A WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT WILL GMAC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GMAC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY: (1) YOUR USE OF, INABILITY TO USE, OR RELIANCE ON ANY PART OF A WEBSITE OR CONTENT; (2) ANY ERRORS OR OMISSIONS IN ANY PART OF A WEBSITE OR IN ANY CONTENT ON THE WEBSITE; OR (3) GMAC’S OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE TERMS.
Without limiting the foregoing, if GMAC or any of its directors, officers, employees, representatives, affiliates, or agents is found liable to you for any claims or matters arising under or in connection with these Terms, our aggregate and maximum liability for all such matters and claims shall not exceed the total amount paid by you to GMAC, if any, for the specific service or product giving rise to such liability.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, in which case the liability of GMAC and its directors, officers, employees, representatives, affiliates, and agents shall be limited in accordance with these Terms to the fullest extent permitted by law.
Governing Law, Mandatory Arbitration, and CLASS ACTION WAIVER
These Terms are to be construed and governed in accordance with the internal laws of the Commonwealth of Virginia without reference to conflict of law principles.
You and GMAC agree that, except as set forth in this paragraph, any dispute, claim, or controversy that relates to or arises from these Terms or a Website (any of which, a “Claim”), including, without limitation, related to any data collected or used by us or otherwise related to or arising from our Privacy Statement, will be determined by mandatory binding individual (not class) arbitration. Notwithstanding the above, you and GMAC both agree that a court, and not an arbitrator, shall have the right to rule on issues related to the scope, enforceability, interpretation, or formation of this arbitration agreement, and neither of us waive or limit our rights to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. EXCEPT AS EXPRESSLY STATED ABOVE, ALL DISPUTES, CLAIMS, AND CONTROVERSIES THAT RELATE TO THESE TERMS OR A WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT GMAC AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY.
In arbitration, a neutral arbitrator—not a judge or a jury—decides whether to award relief. Procedures are also typically simpler in arbitration than in court. For example, discovery is typically more limited. Review of the arbitrator’s decision by appeal is also limited (as described below in this arbitration provision).
YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU HEREBY AGREE THAT YOU MAY NOT AND WILL NOT PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION, AS A PLAINTIFF OR CLASS MEMBER IN ANY SUCH ACTION. Unless both you and GMAC agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
TO BE CLEAR, ARBITRATION WITH RESPECT TO A CLAIM IS BINDING, AND NEITHER YOU NOR GMAC WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT. IN ARBITRATION, YOU AND GMAC WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS, SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.
Either you or GMAC may start arbitration proceedings. Any arbitration between you and GMAC will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by these Terms. You and GMAC agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). Any arbitration hearings will take place either in person at a reasonably mutual location near GMAC’s address or via video teleconference.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that GMAC does not have a physical address on file for you, by email (“Notice”). The Notice must (1) describe the nature and basis of the Claim; and (2) set forth the specific relief sought (“Demand”). GMAC agrees to use good faith efforts to resolve the Claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice is received, then you or GMAC may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
A party can appeal an arbitrator’s award pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”) within thirty (30) days of the date of the issuance of the arbitrator’s award issuance. As specified in the Appellate Rules, a party may appeal on the grounds that the arbitrator’s award is based on an error of law that is material and prejudicial; or that the award is based on determinations of fact that are clearly erroneous. As further specified in the Appellate Rules, the decision by the appellate tribunal shall become the final award for purposes of judicial enforcement proceedings. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. GMAC will pay, or reimburse you for, all fees or costs to the extent required by applicable law or the AAA Rules. Under no circumstances will GMAC seek from you payment or reimbursement of any fees that GMAC incurs in connection with arbitration. If you are required to advance any fees or costs to AAA, but you ask GMAC to do so in your stead, we will consider and respond to your request
This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the assignment or termination of these Terms and your account. Nothing in this arbitration agreement shall be construed to prevent either party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure, or any other prejudgment or provisional remedy relating to any collateral, security, or property interests for contractual debts now or hereafter owed by either party to the other party under these Terms.
For any Claim for which arbitration is not available, either as set forth above or as a result of this arbitration provision being held unenforceable under applicable law as to a particular Claim brought by one party against the other party, then legal proceedings involving only that Claim may be instituted solely in the state courts of the Commonwealth of Virginia or in the United States District Court for the Eastern District of Virginia. For all purposes of these Terms, each party hereby irrevocably consents to the jurisdiction of such courts over their person and waives any defense based on improper or inconvenient venue or lack of personal jurisdiction.