In order to participate in the Validity Study Service (“VSS”) conducted by the Graduate Management Admission Council® (“GMAC®”), you, on behalf of your institution, must agree and adhere to the following terms and conditions contained in this Terms of Use Agreement (hereinafter the “Terms of Use”). If you do not agree to these Terms of Use, your institution may not participate in the VSS. If you have questions concerning this TOU or VSS, please contact the GMAC® research and development department by phone at 1(703) 668-9788 or by email at vss@gmac.com.
VSS Terms of Use Agreement
I have been authorized by the GMAT® score-receiving graduate management institution named on the VSS online submission form (the “Institution”) to contractually bind such Institution to this Terms of Use Agreement. On behalf of such Institution, I agree that any use of the VSS is subject to the following terms and conditions, and agree to fully comply with such terms and conditions:
1. The Institution agrees that only I and any alternate designated by me shall be authorized delegates of the Institution (“authorized delegate(s)”) allowed to submit student data that does not contain any personally identifiable information to GMAC® for purposes of conducting the VSS. The Institution also agrees that any VSS reports, data, and any other information concerning the VSS sent from GMAC® to my Institution (“VSS Report(s)”) will be accessible only by such authorized delegates, except that VSS Reports may be accessed by certain Institution employees as stated below. If the delegates change, it is the responsibility of the Institution to notify GMAC® in writing of such change.
2. The Institution agrees that any student data or any other data, information, reports, email, written communications or any other information sent by an authorized delegate (collectively the “Student Data”) will NOT include any personally identifiable information or any “individually identifiable private information” as such term is defined in 45 Code of Federal Regulations, Part 46, Protection of Human Subjects, Subpart, A - Federal Policy for the Protection of Human Subjects (Basic DHHS), 46.101(f). The Institution also agrees that any Student Data will not constitute research involving human subjects, and will not be subject to any review by an Institutional Review Board (“IRB”) or other review process concerning research involving human subjects. The Institution further agrees that its use of any Student Data and/or VSS Reports does not and will not violate any applicable laws or regulations concerning privacy, research, data security or other applicable laws or regulations. The Institution shall submit the Student Data to GMAC® via an online form. This shall be the only means of submission, unless otherwise notified by GMAC®.
3. GMAC® grants the Institution a non-exclusive, limited license to the VSS Reports only by the authorized delegates and the Institutions’ admissions, executive, administrative, and research employees for purposes of studying how the Graduate Management Admission Test® (“GMAT®”) and other factors, such as undergraduate school grades and other non-identifying data predict the Institution’s enrolled student success in its curriculum. The Institution shall not copy (other than copies for authorized delegates and those Institution employees identified herein), modify, publish, release, lend, sell, rent or otherwise disclose the VSS Reports to any third party or give third party access to the VSS Reports without the express prior written consent of GMAC®. The Institution shall notify GMAC® immediately of any unauthorized use or disclosure of the VSS Reports. The Institution grants GMAC® a non-exclusive, limited license to use the Student Data for purposes of compiling the VSS Reports and for aggregated, anonymous GMAC® research.
4. GMAC® is the sole owner of, and shall retain the entire rights to, any copyrights, trademark, trade secret and any other proprietary rights in the VSS Reports. The Institution is the owner of, and shall retain the entire rights to, any copyright, trademark, trade secret and other proprietary rights in the Student Data. GMAC® reserves the right to monitor the access and use of the VSS Reports by participating Institutions. The Institution shall not transmit any Student Data that contains viruses, worms, Trojan horses or other disabling devices or use spamming, flooding, or other means to interfere with the VSS or any GMAC® user, host or network.
5. GMAC and the Institution acknowledge and agree that the Student Data is confidential information and that only those with a need to know shall have access to such information. GMAC® agrees to maintain the confidentiality of the Student Data and may use the Student Data for purposes of compiling the VSS Reports and/or for conducting other research concerning graduate management education. GMAC® agrees to promptly notify the authorized delegate in writing of any unauthorized disclosure of the Student Data. The Student Data may be disclosed by GMAC® pursuant to an order of any court or like entity or other valid official government legal process. The Student Data also may be disclosed by GMAC® to an agent of GMAC® that may be assisting with additional research projects and/or to any GMAC® vendor providing technical or other services to GMAC®, provided however that such agent or vendor shall be subject to a non-disclosure agreement.
6. The Institution agrees that any use not authorized herein or any otherwise inappropriate use of the VSS Reports is prohibited, and that any violation of this Terms of Use, at the discretion of GMAC®, may result in termination of the Institution’s license to the VSS Report, cancellation of access to any VSS Reports and may prevent the Institution from further participation in the VSS. The Institution assumes liability for all costs, expenses and damages arising out of its use of the VSS Reports and/or any material breach of this Terms of Use, including, without limitation, any unauthorized use or disclosure of the Student Data and/or the VSS Reports. GMAC® will provide the VSS Reports to the Institution only as a tool to assist the Institution in determining the reliability of the GMAT® test and other factors as a predictor of graduate management school success. Except as set forth herein, GMAC® disclaims all other warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. GMAC® shall not be liable to the Institution for special, incidental, consequential or punitive damages of any nature for any reason, whether such liability is asserted on the basis of contract, tort or otherwise, even if GMAC® has been warned of the possibility of such damages. The Institution shall indemnify GMAC® against any and all third party claims, suits, actions, judgments, liabilities, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorney's and other professional’s fees) arising out of, resulting from or based upon the use by GMAC® of any Student Data and/or any use by the Institution of the VSS Reports.
7. GMAC® reserves the right to revise the Terms of Use at any time without advance notice, including any license terms. The Institution shall be notified of any revisions by a notice posted on this page. This Terms of Use agreement takes precedence over any previous or conflicting Terms of Use for the VSS.
On behalf of the Institution, I agree and accept this VSS Terms of Use Agreement.
