MBA Pathfinder® Terms of Use

GRADUATE MANAGEMENT ADMISSION COUNCIL®

MBA PATHFINDER® TERMS OF USE AGREEMENT

OCTOBER, 2006 - Test

In order to enter data concerning your business school in the MBA Pathfinder® data warehouse (“MBA Pathfinder® service”) owned and administered by the Graduate Management Admission Council® (“GMAC®”) and have your business school program data accessible by prospective students and others on the mba.com student search service, 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” or “TOU”). If you have questions concerning this TOU or the MBA Pathfinder® service please contact the GMAC® MBA Pathfinder® department by phone at +1-703-245-4222 or by e-mail at pathfinder@gmac.com.

MBA Pathfinder® Terms of Use Agreement

I am a representative of the graduate management institution named in my Profile on www.gmac.com (“Institution”) and I am either the “Primary Contact” for my Institution (authorized by my Dean or a GMAC® governing member school Primary Representative), or I am an “Authorized User” (authorized by my Institution’s Primary Contact to access, enter, and edit data in the MBA Pathfinder® service). If I am the Primary Contact, I have the authority to contractually bind the Institution to this Terms of Use Agreement; on behalf of the Institution I represent, I agree that the Institution and its users’ access to and use of the MBA Pathfinder® service is subject to the following terms and conditions, and I agree to fully comply with such terms and conditions. If I am an Authorized User, I agree that any use of the MBA Pathfinder® service is subject to the following terms and conditions, and I agree to fully comply with such terms and conditions:

 1.            The Primary Contact and any Authorized Users shall be authorized by the Institution to access, enter, edit, and submit data into the MBA Pathfinder® service, including data related to the Institution’s school, program offerings, admissions, class profile, and career data (collectively, “Program Data”). This Program Data will only be submitted to GMAC® in an anonymous aggregated form that does not identify any particular individual.

2.             The Institution agrees that its entry, transmission, and/or use by GMAC® of any Program Data entered into the MBA Pathfinder® service and/or the Institution’s use of any “mba.com school search service statistics” available from the administration pages of the MBA Pathfinder® service does not and will not violate any applicable laws or regulations concerning privacy, research, data security, other applicable laws or regulations or any applicable GMAC® MBA Reporting Criteria or MBA Career Services Council Standards for Reporting MBA Employment Statistics (“MBA CSC Standards”). The Institution shall submit the Program Data to GMAC® via online data entry forms located at [INCLUDE LINK]. This shall be the only means of submission, unless otherwise notified by GMAC®.

3.             GMAC® is granting the Institution a nonexclusive, limited license to the MBA Pathfinder® service and to the mba.com school search service statistics only by the Primary Contact and Authorized Users and the Institutions’ admissions, administrative, and career services employees for purposes of tracking and reporting internally and to third-party sources its own aggregated Program Data. The Institution grants GMAC® a nonexclusive, fully paid-up, royalty-free, limited license to use the Program Data in the MBA Pathfinder® service and as displayed in the mba.com school search service for the purposes of maintaining the mba.com school search service, compiling the mba.com school search service statistics, and for aggregated, anonymous GMAC® research. GMAC® governing member schools further agree that their use of MBA Pathfinder® service and submission of Program Data may be used for the purpose of evaluating compliance with GMAC® governing standards and policies.

4.             The Institution shall retain all copyright, trademark, service mark, and other proprietary notices contained in the data and information it submits in the MBA Pathfinder® service. The Institution is the owner of, and shall retain the entire rights to, any copyright, trademark, trade secret, and other proprietary rights in the Program Data. The Institution shall not transmit any Program Data that contains viruses, worms, Trojan horses, or other disabling devices, or use spamming, flooding, or other means to interfere with the MBA Pathfinder® service or any GMAC® user, host, or network. 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 MBA Pathfinder® service.

5.             As stated on the MBA Pathfinder® data entry pages, certain Program Data submitted will be publicly displayed in the mba.com school search service automatically, almost immediately upon submission; certain other Program Data, such as that data submitted solely for governing member school compliance on the “Membership Compliance” pages, shall not be displayed on mba.com and shall be retained by GMAC® as confidential information (“Confidential Program Data”). For the Confidential Program Data, GMAC® agrees that only those GMAC® staff, service providers, and consultants with a need to know will have access to such information, although such data may be disclosed by GMAC® pursuant to an order of any court or like entity or other valid official government legal process. GMAC® agrees to promptly notify the Primary Contact in writing of any unauthorized disclosure of any Confidential Program Data.

6.             The Institution agrees that any use not authorized herein or any otherwise inappropriate use of the MBA Pathfinder® service is prohibited, and that any violation of this Terms of Use, at the discretion of GMAC®, may prevent the Institution from further participation in the MBA Pathfinder® service and mba.com school search service.  The Institution assumes liability for all costs, expenses, and damages arising out of its data submission and use of the MBA Pathfinder® service and/or any material breach of this Terms of Use. GMAC® makes no representations or warranties that use or operation of the MBA Pathfinder® service or the mba.com school search service will be uninterrupted or error-free. GMAC® disclaims all 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.

7.             I understand that GMAC® will protect the personal data that I provide as the Primary Contact or Authorized User and will only use that data for the purposes of administering the MBA Pathfinder® service and for the purposes expressly described in the privacy policy posted on www.gmac.com. By participating in the MBA Pathfinder® service, I am agreeing to that privacy policy. If I am located outside the United States, I am also consenting to the transmission into the United States of my personal data, which is the primary processing location of GMAC® and its service providers.

8.             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 takes precedence over any previous or conflicting Terms of Use for the MBA Pathfinder® Service. If my role as the Primary Contact or an Authorized User changes, I will promptly notify GMAC® of such change by sending an e-mail to pathfinder@gmac.com.

On behalf of the Institution, I agree to and accept this MBA Pathfinder® Terms of Use Agreement and I consent to the Privacy Policy and Terms and Conditions on www.gmac.com.