Terms of Use

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. 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.

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.

Your Rights and Responsibilities

Our Rights and Responsibilities

Agreements, Notices, Disclosures, etc.

If you do not agree with these Terms, you may not access a website, use Content, or provide User Submitted Content.
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 All agreements, notices, disclosures, and other communications provided by GMAC to you electronically satisfy any legal requirement that such communications be in writing.
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. 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 visit our Privacy Center.
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

You may view, access, and contribute to Content on a website, but only for your personal, non-commercial use. 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.
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. We reserve the right to terminate your access (including terminating your login and password) and block your access to a Web Site 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 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 Graduate Management Admission Search Service® (GMASS®) or  the GMAT® Interactive Profile
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).
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 that could result in an invasion of their privacy or their harassment.
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.
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."
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 or Content, with or without notice to you.
You shall not breach, or attempt to breach, the security of a website, Content, or User Submitted Content You grant us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your User Submitted 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 or regulations. All websites and Content are protected by U.S. and international copyright laws
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. GMAC makes no representation that the Content provided on gmac.com is appropriate for use in all locations, or that the Content provided is available or appropriate for sale or use in all jurisdictions.
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 Web Site. These assurances and commitments shall survive any termination of the Terms and your use of this website. GMAC has exclusive rights to or has been licensed by third parties to use all of the Content. 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.

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 Trademark and Copyrights pages;
  5. The website, blog, or other location where you provide the link does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
 

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 Trademarks and Copyrights, please visit our Trademarks and Copyrights Center

Claims, Guarantees, and Liabilities

You specifically waive any claims you may have arising out of your use of a website. GMAC WEBSITES AND THEIR CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.
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. GMAC MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF A WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
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. 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.
YOU ACKNOWLEDGE THAT NEITHER GMAC NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY CONTENT ON A WEBSITE MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, WITH RESPECT TO A WEBSITE AND 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 INFRINGEMENT OF THIRD-PARTY RIGHTS. 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 OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE TERMS AND CONDITIONS.
Without limiting the foregoing, if GMAC or any of its directors, officers, employees, representatives, affiliates, and 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.

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