Terms and Conditions
Effective Date: December 13,2008
Acceptance of Terms and Conditions
This portion of the website “mba.com/Terms and Conditions” governs your use of our website, mba.com (“our site” or “this site”) and/or any portion thereof. Please read these Terms and Conditions carefully before using our site. By using our site, you are indicating that you agree to all of the Terms and Conditions set forth herein. Also, you are indicating that you understand the Graduate Management Admission Council® (hereafter referred to as “GMAC®”) may revise the Terms and Conditions from time to time without providing any notice to you. You should visit this page periodically to review the Terms and Conditions, because your continued use of this website after we have revised the Terms and Conditions will indicate that you accept them as revised. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THIS WEBSITE OR USE ANY OF THE PRODUCTS, SERVICES, OR CONTENT PROVIDED ON OR THROUGH THIS WEBSITE. In these Terms and Conditions, "you" and “your” refer to any and all individuals and/or entities accessing this website for any reason.
Use of this Website
This website is owned and maintained by GMAC. GMAC authorizes you to view and access a single copy of the Content (defined below) available from this site solely for your personal, noncommercial use. You agree not to copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes any portion of the “Content,” which is defined throughout these Terms and Conditions as all of the products, services, and information, 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 (collectively, the “Content”) provided on mba.com. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original content in any authorized copy that you make of this website. This website may be used only for lawful purposes by individuals interested in obtaining information about an MBA or other graduate business program and related products and services. You are not authorized to use this website or Content, except as indicated above, in any manner, including, without limitation: (1) in violation of any applicable law, order, or regulation; (2) in a way that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (3) that is defamatory, obscene, threatening, abusive, or hateful. In addition, you shall not breach the security of this website, including, without limitation: (a) accessing data not intended for you or logging into a server account that you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach a security or authentication measure of this website and/or Content without proper authorization, and/or (c) using viruses, spamming, flooding, etc. to interfere with service to any user, host, or network.
- Your submitted content is not illegal, indecent, profane, threatening, or defamatory; and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam."
- Your submitted content does not infringe on the copyright, trademark or other intellectual property rights of any person or entity, or contain any confidential or proprietary information of any person or entity, or otherwise violate the legal rights of any person or entity.
- Your submitted content 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.
- 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 content throughout the world for any purpose and in any media (including for advertising or other commercial use).
- 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 content. 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 (but not the obligation) to remove any content for any reason from gmac.com.
- You agree that you will not use or reproduce any content in any manner or in any media, including posting or republishing any such content on any other website.
You agree that all agreements, notices, disclosures, and other communications provided to you electronically by GMAC satisfy any legal requirement that such communications be in writing.
Proprietary Rights Digital Millennium Copyright Act Compliance
A. Proprietary Rights. This website is protected by U.S. and international copyright laws. GMAC has exclusive rights to or has been licensed by third parties to use all of the Content (as defined above). 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. copyright laws as a collective work, and GMAC owns a copyright in the selection, coordination, arrangement, and enhancement of the Content.
As previously stated above, you may not copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, transmit, transfer, or exploit for any public or commercial purposes the Content without first obtaining written permission from GMAC via email at firstname.lastname@example.org. Any of these uses of the Content, or any portion thereof, or use of the Content for any purpose other than as explicitly authorized herein constitutes an infringement of GMAC copyrights and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited without prior written permission from GMAC. For related information, see the “Trademarks” section below.
B. Digital Millennium Copyright Act (“DMCA”). Please contact us if you believe that your rights under copyright law are being infringed by your copyrighted work being uploaded, posted, copied, or otherwise provided to this website. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512). Please provide us with a written, signed notice of alleged infringement of your copyright(s) by contacting our Designated Agent at the following address:
Jan K. Simpson, Esq.
Fulbright and Jaworski, LLP
1301 McKinney, Suite 5100
Houston, TX 77010-3095
Telephone: +1 (713) 651-5151
Fax: +1 (713) 651-5246
To be effective, the notice must include all of the following:
- A physical or electronic signature of either the copyright owner or a person authorized to act on the owner’s behalf for an exclusive right that is allegedly being infringed upon.
- A description of the copyrighted work or works you claim have been duplicated, and a description of the activity that you claim is infringing.
- Identification of the URL or other specific location on this website where the material or activity you claim to be infringing is located or is occurring. You must include enough information to allow us to locate the material or the activity.
- Your name, address, telephone number, and, if you have one, email address.
- A statement by you that you have a good faith belief that use on the site of the copyrighted work in the manner you are alleging is not authorized by the copyright owner, any agent of the copyright owner, or the law.
- A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
C. Termination of Access of Repeat Infringers. As a condition to your use of this website, you agree not to use the website to infringe the intellectual property rights of others in any way. We will terminate the access of any users (including terminating their login and password) and block access to this website and any other GMAC websites of any users who are repeat infringers of the copyrights or other intellectual property rights of others. GMAC reserves the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the user whose access is terminated or blocked.
The trademarks and logos used on our website identify our products and services and are owned by the GMAC or are licensed by GMAC. No use of any GMAC or a third-party trademark is permitted without proper attribution to GMAC or the proper party. Trademark use must comply with applicable trademark law. A full list of trademarks can be found on the Trademarks page of this website. GMAC has formed strategic partnerships with other companies to provide services to further create access to graduate business education. For a partial list of the trademarks owned by some of our strategic partners, please visit the About Us area of www.gmac.com.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. 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 MBA.COM MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, WITH RESPECT TO THE 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 MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS 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 THE 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.
Limitation of Liability
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: (I) YOUR USE OF, INABILITY TO USE, OR RELIANCE ON, ANY PART OF THIS SITE OR CONTENT, (II) ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE OR IN THE CONTENT THEREIN, OR (III) GMAC OR ANY OTHER PERSON'S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE TERMS AND CONDITIONS. IN NO EVENT WILL GMAC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND 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.
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 and Conditions to the fullest extent permitted by law. You specifically waive any claims you may have arising out of your use of mba.com. 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 and conditions, 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. You expressly agree that use of this website and Content on mba.com is at your own risk. Any Content downloaded or otherwise obtained through this website is done so at your own initiative and you are solely responsible for any damage to your computer system or loss of data resulting from such Content.
On this website there are some links provided to websites maintained by third parties over which GMAC has no control. We take no responsibility for the accuracy, content, or any aspect of such third-party content, and disclaim any liability to you for such content or for any consequence of your decision to use the links provided or your use of such content. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through a third-party website is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other websites. You agree that you shall not bring a suit or claim against GMAC or any of our affiliates arising from or based on your purchase or use of products, services, or content through such third-party websites.
Links do not imply that GMAC sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trademark, trade name, logo, or copyright symbol of GMAC.
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:
- You do not create a frame or any other browser or border environment around this website;
- You do not in any way imply that GMAC is endorsing any products or services other than its own;
- You do not misrepresent your relationship with GMAC nor present any other false information about GMAC or its products;
- You use GMAC trademarks only in accordance with this website's Trademark and Copyrights pages;
- The website, blog, or other location where you create 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 the license granted above for breach of these conditions 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 conditions.
Email and Other Communications and Solicitations
Special Conditions for International Use and Exports
This website is controlled and operated by GMAC and its agents from their offices within the United States. GMAC makes no representations or guaranties that the Content provided on mba.com is appropriate for use in all locations, or that the Content provided is available or appropriate for sale or use in all jurisdictions. 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. 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, which 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 Conditions and your use of this website.
GMAC reserves the right to modify this website and the Terms and Conditions and any other policies governing the website at any time. Modifications may be posted on the website, and users are deemed to be apprised of and bound by any changes to the website.
Termination and Investigations
Your agreement to the Terms and Conditions does not confer any rights, remedies, or benefits upon any person other than you and GMAC. You may not assign any rights under these Terms and Conditions without the prior written consent of GMAC. The Terms and Conditions shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of the Terms and Conditions 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 and Conditions 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.