Terms & Conditions of Use
Our lawyers made us do it:
This Agreement (the “User Agreement”) states the terms and conditions under which you may use this web site, home-study course test preparation services, and support services which together we call “(The) GMAT Coach Service.” Any use by you of the GMAT Coach Service constitutes your acceptance of all such terms and conditions, including any terms and conditions incorporated herein. BY USING THE GMAT COACH SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND THE GMAT COACH. If you do not accept the terms and conditions contained in this User Agreement, do not use the GMAT Coach Service. Upon notice published through the GMAT Coach Service, we may modify this User Agreement at any time.
1. Use of The GMAT Coach Service. The GMAT Coach grants you a terminable non-exclusive, non-transferable license to use The GMAT Coach Service solely for your personal, noncommercial, noncompetitive use in accordance with the following terms and conditions. Certain materials provided to you through The GMAT Coach Service are subject to terms and conditions listed as “Legal Notices” on our web site. Any such terms and conditions shall be deemed to be a part of this User Agreement and are hereby incorporated into this User Agreement by reference.
2. Privacy Policy. By registering for or using The GMAT Coach Service you acknowledge that you have read and accept the GMAT Coach Privacy Policy. Before registering for or using the GMAT Coach Service, please carefully read the GMAT Coach Privacy Policy. You may access the Privacy Policy by clicking here. You hereby acknowledge that by using the GMAT Coach Service and purchasing our products provided through the GMAT Coach Service, The GMAT Coach may disseminate your name, likeness and/or voice through its web site or another medium. In agreeing to use the GMAT Coach Service, you hereby irrevocably consent to The GMAT Coach's use of your name, likeness and/or voice without compensation in the GMAT Coach Service.
3. Content. The DVD material, artwork and other components included in the GMAT Coach Service are the copyrighted property of The GMAT Coach and its licensors. The GMAT Coach Service is licensed (not sold) to you, and The GMAT Coach owns all copyright, trade secret, patent and other proprietary rights in the GMAT Coach Service. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of the GMAT Coach Service; (b) modify, translate, distribute or prepare derivative works of the GMAT Coach Service or the accompanying documentation; (c) reverse engineer, decompile or disassemble the GMAT Coach Service or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on the GMAT Coach Service and accompanying documentation. You may not transfer the GMAT Coach Service. Your license is automatically terminated if you transfer the GMAT Coach Service. THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE GMAT Coach Service AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH THE GMAT COACH OR ITS LICENSORS, AS THE CASE MAY BE.
4. Registration Information. You agree, as a condition of your use of the GMAT Coach Service, to provide The GMAT Coach with accurate and complete information when registering for the GMAT Coach Service. The GMAT Coach has the right to suspend, restrict or terminate your use of the GMAT Coach Service and to refuse any future use of the GMAT Coach Service (or any portion of the GMAT Coach Service) if The GMAT Coach has reason to believe that you have failed to comply with these requirements.
5. Guarantee. Under certain conditions and for certain of our product offerings, The GMAT Coach offers the following money-back guarantees:
(a) (Any) GMAT Home-Study Course Product: If you have purchased a Home-Study Course DVD product, The GMAT Coach provides a thirty (30) day money-back guarantee for satisfaction. If you are not satisfied with the Home-Study Course Product you purchased, then you shall be entitled to receive a full refund (less shipping and handling) of the purchase price paid by you for the Home-Study Course Product. The thirty (30) day window will start exactly two (2) days after your order is placed and we must receive the product and all contents included in the original package at our office address on or before the thirtieth (30th) day in order to issue a refund. If we do not receive the package on or before the thirtieth (30th) day, we hold no responsibility for issuing a refund. We are not responsible for lost, late, or damaged packages. The refund will be made in the original form of payment in US dollars.
(b) The GMAT Coach makes no guarantees or warranties whatsoever as to your achievement of any score based on your use of any of our products.
(c) From time to time, The GMAT Coach may offer a free trial and/or a reduced version (a “Lite Version”) at a discounted price for any or all of its full product offerings. The GMAT Coach offers no guarantees on such free trials and/or Lite Version.
6. Support Services. The GMAT Coach offers support services for people who purchase the Home-Study Course Products. We offer these services as a benefit to our customers, but have the right to discontinue support at any time, for any reason. The GMAT Coach makes to guarantees as to availability of support services and cannot control failures in telephone, electric service, or other matters beyond its control and shall not responsible to users for interruptions of service for any reason.
(a) To access, and sometimes to continue using the support services, you may be asked to provide basic identification information such as name, gender, address, phone number, e-mail address, provider number, date of birth, social security number and/or other information to verify your identity and to determine if you have access to our support services.
(b) You warrant to the GMAT Coach that you will not use the GMAT Coach’s support services for any illegal, illegitimate or fraudulent purposes. If the GMAT Coach believes I am using their service for such a purpose, SAS has the right to terminate service without giving any prior notice to you.
7. Your Conduct. As a condition of your use of the GMAT Coach Service, you warrant to The GMAT Coach that you will not use the GMAT Coach Service for any purpose that is unlawful or prohibited by this User Agreement. You may not use the GMAT Coach Service in any manner that could damage, impair, disable or overburden the GMAT Coach Service or in any way interfere with The GMAT Coach's rights or any other user's use and enjoyment of the GMAT Coach Service, or otherwise infringe on any person's rights. You agree to comply with the terms and conditions applicable to any services, products, advertisements or Content accessed by you through the GMAT Coach Service. THE GMAT COACH SERVICE contains confidential trade secret information belonging to THE GMAT COACH, and you may use THE GMAT COACH SERVICE only pursuant to the license set forth herein. In addition, you may not disclose THE GMAT COACH SERVICE to any third party. BY ACCEPTING THE TERMS OF THIS USER AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING THE GMAT COACH SERVICE SOLELY FOR YOUR INDIVIDUAL, TEST PREPARATION, PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO THE GMAT COACH OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING TEST PREPARATION SERVICES. IN THE EVENT THAT YOUR CONDUCT BREACHES THE PROVISIONS OF THIS USER AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE GMAT COACH SHALL SEEK BOTH CIVIL AND CRIMINAL PENALTIES AGAINST YOU IN YOUR INDIVIDUAL CAPACITY. WILLFUL INFRINGEMENT OF COPYRIGHTED WORKS MAY RESULT IN FEDERAL IMPRISONMENT OF UP TO FIVE YEARS AND $250,000 IN FINES.
8. Restriction and Modification of Service. You agree that The GMAT Coach may limit your use of the GMAT Coach Service, including without limitation the frequency and duration for which you may access the GMAT Coach Service, and that The GMAT Coach has no responsibility or liability for any unavailability or limitation on use of the GMAT Coach Service. In addition, The GMAT Coach reserves the right at any time to modify, limit access to, change the characteristics of or discontinue the GMAT Coach Service (or any part thereof) with or without notice. You agree that The GMAT Coach shall not be liable to you or to any third party for any modification, suspension or discontinuance of the GMAT Coach Service.
9. Proprietary Rights. You acknowledge and agree that the GMAT Coach Service and any necessary software used in connection with the GMAT Coach Service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the GMAT Coach Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
10. Liability Disclaimer. YOU AGREE THAT:
(a) If YOU USE THE GMAT COACH SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE GMAT COACH SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE GMAT COACH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) THE GMAT COACH DOES NOT WARRANT THAT (i) THE GMAT COACH SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE GMAT COACH SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GMAT COACH SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GMAT COACH SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR THE GMAT COACH COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
(c) IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE GMAT COACH SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
(d) NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM THE GMAT COACH OR THROUGH OR FROM THE GMAT COACH SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
11. Limitation of Liability. YOU EXPRESSLY AGREE THAT THE GMAT COACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE GMAT COACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR INABILITY TO USE THE GMAT COACH SERVICE; (b) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GMAT COACH SERVICE; (c) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE GMAT COACH SERVICE; OR (d) ANY OTHER MATTER RELATING TO THE GMAT COACH SERVICE.
12. Indemnification. You agree to indemnify, defend and hold harmless The GMAT Coach, its officers, directors, employees, agents, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone in connection with your use of the GMAT Coach Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the GMAT Coach Service for competitive purposes.
13. Notice. You agree that The GMAT Coach may communicate any notices to you, including notices of changes to the User Agreement, through e-mail, regular mail or by posting of those notices on the GMAT Coach web site or through the GMAT Coach Service.
14. Trademark Information. The GMAT Coach™, the GMAT Coach logo and other GMAT Coach logos, product and service names may be trademarks, service marks or other intellectual property of The GMAT Coach, Inc. (the “The GMAT Coach Marks”). You agree not to display or use the GMAT Coach Marks in any manner without the prior permission of The GMAT Coach.
15. Entire Agreement. The User Agreement governs your use of the GMAT Coach Service and constitutes the entire agreement between you and The GMAT Coach. It supersedes any prior agreements between you and The GMAT Coach. Additional terms and conditions may apply when you use the services of service providers and others. These additional terms will not reduce, diminish, or eliminate any rights The GMAT Coach possesses with respect to this User Agreement.
16. Governing Law and Venue. The User Agreement and the relationship between you and The GMAT Coach shall be governed by the laws of the State of Georgia without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the GMAT Coach Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of the State of Georgia are the exclusive forum for litigation of any claim or cause of action arising out of or relating to use of the GMAT Coach Service or the User Agreement.
17. Miscellaneous. Any failure by The GMAT Coach to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any provision of this User Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of this User Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.
18. GMAT™ is a registered trademark of the Graduate Management Admission Council™. The Graduate Management Admission Council™ does not endorse, nor is it affiliated in any way with the owner or any content of this web site.