Overview
This Terms of Use document (“Terms”) governs all websites that we, the Graduate Management Admission Council (GMAC), own and operate, including, but not limited to, gmac.com and mba.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 Support 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.
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.
- Infringement: Use of copyrighted Content without authorization from the Content owner.
- User Submitted Content: Any user communications made 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, Disclosures, etc.
Your Rights and Responsibilities
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.
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.
Our Rights and Responsibilities
We will provide you access to these Terms and any subsequent updates.
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.
Additional Terms
For further information regarding your privacy rights and responsibilities, please review our Privacy Statement.
If GMAC is acquired or otherwise restructured, the Terms of this agreement 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.
The Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without effect to any principles of conflicts of law, and the Federal law of the United States.
Access to Website(s), Content, and User Submitted Content
Your Rights and Responsibilities
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, or regulations
- The rights of other individuals, including privacy, publicity, or other personal rights
- Other applicable Terms, such as the GradSelect search service or the GMAT™ Interactive Profile
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 only provide User Submitted Content that is not illegal, indecent, profane, threatening, obscene, abusive, hateful, or defamatory; and does not consist of or contain 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 or attempt to interfere with, or otherwise disrupt, the proper working of a Website.
Our Rights and Responsibilities
We reserve the right to modify, including delete, 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 for advertising or other commercial use).
If we publish your content or authorize or license others to do so, your 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, including loss, theft, or unauthorized disclosure of your password or credit card information. 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. You agree you will not sell, transfer or assign your membership or any membership rights. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service.
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 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
Your Rights and Responsibilities
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 local rules regarding online conduct and acceptable content. Specifically, 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:
1. You do not create a frame or any other browser or border environment around this Website;
2. You do not in any way imply that GMAC is endorsing any products or services other than its own;
3. You do not misrepresent your relationship with GMAC nor present any other false information about GMAC or its products;
4. You use GMAC trademarks only in accordance with this Website’s Copyrights, Trademarks and Logos pages;
5. 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.
Our Rights and Responsibilities
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.
Additional Terms
For further information regarding Copyrights, Trademarks and Logos, please visit our Copyrights, Trademarks and Logos pages.
Claims, Guarantees, and Liabilities
Your Rights and Responsibilities
You specifically waive any claims you may have arising out of your use of a Website, including 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.
Our Rights and Responsibilities
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, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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.
Additional 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.
Arbitration and CLASS ACTION WAIVER
You and GMAC agree that any dispute, claim, or controversy that relates to or arises from these Terms or a Website will be determined by mandatory binding individual (not class) arbitration. You and GMAC further agree that the arbitrator shall have the exclusive power to rule on its own jurisdiction, including any objections with respect to the existence, scope or validity of any provision of these Terms or to the arbitrability of any claim or counterclaim. Notwithstanding the above, you and GMAC both agree that 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 FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, 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.
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.
Either you or we 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 in the county (or parish) of your billing address.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by email (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, 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.
