GMAT Club https://gmatclub.com
Terms of Use | Privacy Policy
1. PURPOSE
These Terms of Use define the conditions under which GMAT Club (also referred to as “We”, “we”, “Us”, “us”, “Our” and “our”) makes its website available to users and the conditions under which users may have access to and use this website and the web-based services available on this website. This website and the services available through the website (together the “Website”) are subject to compliance with these Terms of Use and all applicable laws and regulations.
These Terms of Use constitute a legally binding agreement made by and between GMAT Club and You, personally and, if applicable, on behalf of the entity for whom you are using this Website (collectively, “you” “You”, “your”, “Your” or “User”). These Terms of Use govern your use of this Website so please read them carefully.
BY ACCEPTING THESE TERMS OF USE OR ACCESSING OR USING ANY PART OF THIS WEBSITE (INCLUDING LINKING TO THE WEBSITE), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF THERE ARE ADDITIONAL POSTED GUIDELINES OR POLICIES APPLICABLE TO THE WEBSITE, YOU ARE REQUIRED TO FOLLOW THOSE AS WELL AND ANY GUIDELINES AND POLICIES ARE INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.
INTERNET TECHNOLOGY AND APPLICABLE LAWS, RULES AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AND/OR OUR PRIVACY POLICY AT ANY TIME. WE ENCOURAGE YOU TO REVIEW THESE TERMS OF USE AND OUR PRIVACY POLICY FROM TIME TO TIME FOR POSSIBLE CHANGES. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS OF USE AND PRIVACY POLICY THAT MAY BE POSTED. WE WILL POST THE AMENDED TERMS OF USE ON THE WEBSITE AND INDICATE AT THE TOP OF THE PAGE THE DATE LAST REVISED AND WILL POST ANY REVISED PRIVACY POLICY.
GMAT Club does not make any endorsement of any of the third-party providers who You may be put in contact with through the Website, nor does GMAT Club make any guarantee, representation, or warranty about the quality of such providers’ services or goods. Your dealings with any provider with whom You are connected through the Website, and any contracts or other terms, conditions, representations, or warranties associated with such dealings, are solely between You and such provider exclusively and do not involve GMAT Club in any way. It is up to You to make whatever investigations, research or inquiries about such provider that You deem necessary or appropriate before engaging such Provider or buying any Package or other services or goods from them. Accordingly, You hereby release GMAT Club from any and all claims or liability: (i) related to any services or goods of a provider with whom You are connected with through the Website, regardless of whether such services or goods are advertised or otherwise available through the Website; (ii) any action or inaction by a provider, including but not limited to, any resulting harm to You caused by the action or inaction by a provider, a provider’s violation or failure to comply with any applicable laws, or a provider’s failure to abide by the terms of any services or goods You purchased from the Provider; and (iii)any conduct (including the failure to act), speech or content of any other third-party.
2. ACCESS TO THIS WEBSITE
You must comply with all of the terms and conditions of these Terms of Use, the policies referred to herein, the GMAT Club Rules available at https://gmatclub.com/forum/gmat-club-rules-209864.html and all applicable laws, regulations and rules when you use this Website. GMAT Club reserves the right to revoke members' accounts. Decisions as to whether content violates our rules will be made by moderators and administrators.
This Website is intended to be used only by individuals and entities that can form legally binding contracts under applicable law. Persons using the Website to purchase products or services or utilizing resources on behalf of an employer must do so only with the authorization of their employer. Your access to the Website, sending us feedback, submitting comments or other posts, or other use of the Website will be deemed to be a representation that you are 18 years of age or older or otherwise are an entity that can form legally binding contracts under applicable law. Although persons who are too young to enter legally binding contracts (“Minors”) and are at least 13 years old may visit and use the Website with the permission of their parents or guardians, any payment or contract made through the Website must be made by an adult. Parents should assist their Minor children who are at least 13 years old and wish to register for an account through the Website. Any Minors who use the Website are deemed to have done so with their parents’ permission, and any payments made as a result shall be deemed to be made by an Adult. The Website is not intended for children under the age of 13. GMAT Club does not target its Website to children under 13 or knowingly collect personally identifiable information from children under the age of 13. If we become aware that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.
We use the means that we believe are reasonable to provide access to this Website, except in the case of natural disasters or events beyond the control of GMAT Club and subject to any breakdowns or any maintenance operations required to ensure the smooth operation of the Website service and equipment. GMAT Club will not be liable for any failure or deficiency in the performance of this Website by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, equipment outage, software failure, failure by a service provider to GMAT Club, fire, terrorism, natural disaster or war.
GMAT Club grants users who accept these Terms of Use the right to connect to its Website by means of the user's computer, mobile or other electronic device. The communication protocols used are those currently used by the Internet network. The rights of access to and use of this Website are non-exclusive and non-transferable.
Unless otherwise stated, the services featured on this Website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. GMAT Club makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own risk and are entirely responsible for compliance with local law, including, but not limited to, export and import regulations.
3. PASSWORD AND ACCOUNT SECURITY
3.1 Registration
You may create your own account on the Website by completing the online registration process on the Website, and you must do so if you would like to receive certain content and materials provided by us. In doing so, you must provide us with accurate and complete registration information, and update it if this information changes. It is particularly important to keep the e-mail address associated with your account current because although you may be able to log into your Website account using an old e-mail address, you will not be able to receive messages from us. If you provide any information that is untrue, inaccurate, incomplete or not current, or GMAT Club has grounds to suspect that such information is untrue, inaccurate, incomplete or not current, GMAT Club has the right to suspend or terminate any issued password and refuse any and all current or future use of the Website. GMAT Club reserves the right to limit access to specific forums to members who meet experience requirements or other criteria and to change those requirements at any time.
3.2 Accounts and Passwords
Access to and use of password-protected and secure areas is restricted to users who have created an account. Any attempt to access restricted areas without authorization is prohibited. Following registration, we will create an account for you and assign you, or allow you to select, a password. You must keep your password confidential and not disclose your password to any person other than your direct employees, as applicable, required to have such access to your password in the normal course of your business. You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Website.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Ownership and Modification
Except as provided herein, this Website and the contents of this Website (including, but not limited to data, information, design, text, graphics, illustrations, audio clips, video clips, other files, and the selection, arrangement and organization thereof) (the “Website Information”) are owned by GMAT Club, its licensors or other entities and are protected by copyright and other intellectual property rights. All right, title and interest in and to all copyrights, patents, trade secret rights, trademarks and other intellectual property rights in and to the Website Information (including, without limitation, any images, photographs, animations, video, audio, music, text, and “applets” incorporated into the this Website) and the structure, organization and code relating to the information or data accessed by you through your use of the Website or otherwise made available through your use of the Website and all other information or data supplied by GMAT Club and/or its suppliers, products, free listings or website users and/or customers, including, without limitation, any and all information and data in machine readable form (collectively, “Data Information” and together with the Website Information, the “Proprietary Information”), are proprietary, confidential, and valuable trade secret information of GMAT Club and/or its suppliers. Unauthorized use of the Proprietary Information is strictly prohibited.
You acknowledge, and agree not to challenge in any manner, that the Proprietary Information: (i) is comprised of original collections and assemblies of preexisting data, the selection, organization and arrangement of which results in original works, (ii) incorporates and/or integrates data that is not preexisting but instead is the original expression of GMAT Club or its suppliers, as the case may be, and (iii) derives value from the fact that such data was promptly selected, organized, arranged and published by GMAT Club or its suppliers.
The elements presented on this Website, including, without limitation, the Proprietary Information, are subject to modification without notice and are made available without any kind of guarantee, whether express or tacit, and cannot give rise to any rights to compensation. The information and images contained on this Website, including, without limitation, the Proprietary Information, are protected by copyright.
4.2 License and Use Restrictions
Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-exclusive right to use the Proprietary Information on this Website in the normal course of your using our services, provided that you shall in no event use any Proprietary Information in transmission of “spam,” mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise. GMAT Club will retain ownership of its intellectual property rights, including rights in and to the Proprietary Information, and you do not obtain any rights therein by virtue of these Terms of Use or otherwise, except as expressly set forth in these Terms of Use.
Without the express written consent of GMAT Club, none of the contents of this Website, including, without limitation, the Proprietary Information, may be copied, reproduced, published, downloaded, posted, transmitted or distributed in any manner, except in the case of a simple recording of documents on your personal computer for your own use, in which case you shall ensure that the indications of ownership are kept intact. Modification of the contents or their use with another purpose constitutes an infringement of our property rights. It is forbidden to use these contents on another Website or in a computer network environment.
4.3 Certain Disclosures
Trademarks, service marks, trade names, product names, logos, designs, titles, and words or phrases used on this Website are owned by or licensed by GMAT Club, or to GMAT Club by its licensors or other entities. All page headers, custom graphics, button icons and scripts are trademarks, trade dress or copyrights of GMAT Club. All other trademarks, trade names, copyrights and the like that appear on this Website are the property of their respective owners. You may not use any of these trademarks, trade dress, copyrights or trade names without express permission from the appropriate party.
By making a submission to this website, you are promising that you either wrote the content yourself, obtained explicit permission of the copyright holder, or copied it from a public domain or similar free resource. If you are not sure about the source of the content in question, do not submit it. Please note that due to a large number of submissions, GMAT Club cannot review all of them. However, reported content that violates copyrights or is illegal (for example, violates non-disclosure agreements) will be removed. Reports can be sent to: support@gmatclub.com
GMAT® is a registered trademark of the Graduate Management Admission Council® (GMAC®). GMAT Club's website has not been reviewed or endorsed by GMAC.
5. PROHIBITED CONDUCT; NONDISCLOSURE
5.1 In using this Website, you agree that you will not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass or stalk any individual, or disrupt or interfere with the security or use of this Website or any websites linked to it; (iii) interfere with or damage this Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) GMAT Club, or create or use a false identity; (v) attempt to obtain unauthorized access to this Website or portions thereof that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” mass e-mailings, chain letters, junk mail or any other type of unsolicited solicitation, whether electronic or otherwise; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to this Website; (viii) use any meta tags or any other “hidden text” utilizing the GMAT Club name, trademarks, or product names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by GMAT Club; (x) engage in any activity that interferes with any third party’s ability to use or enjoy this Website; or (xi) assist any third party in engaging in any activity prohibited by these Terms of Use.
5.2 You agree not to disclose or otherwise make the Proprietary Information available to any person other than your employees, if applicable, required to have such knowledge in the normal course of your business and who are authorized to access the Website and Proprietary Information hereunder. You expressly agree not to, directly or indirectly: (i) disclose, publish, transfer, distribute or disseminate, or cause or permit to be disclosed, published, transferred, distributed or disseminated, the Proprietary Information to any third party; (ii) use the Proprietary Information in any manner, as a basis for providing any product or service (a “Competitive Product or Service”) or otherwise, which competes with any products or services of GMAT Club or its affiliates, or otherwise use the Proprietary Information to compete with GMAT Club or its affiliates; or (iii) use the Proprietary Information to provide data or competitive information to any provider of any Competitive Product or Service or affiliate thereof.
6. SITE POSTINGS
6.1 General; Acknowledgments
This Website may offer opportunities for you to post content that may be made available to the public. When you make a posting to the Website or use any other Website services (“Site Features”), you will be subject to any additional guidelines or rules applicable to such Site Features. Any such additional guidelines or rules are hereby incorporated in these Terms of Use by reference. GMAT Club reserves the right to change, suspend or discontinue any Site Features at any time, or to limit or restrict your access to certain Site Features at any time, without notice to you and in its sole discretion.
If you submit any postings, you are acknowledging that any such Posting (i) is not confidential or proprietary to you or any other person or entity, and does not create any confidential, fiduciary, contractually implied or other relationship between you and GMAT Club or its agents and representatives other than as expressly set forth in these Terms of Use and (ii) may be used by GMAT Club for any purpose, including for promotional or advertising purposes, in accordance with our Privacy Policy. GMAT Club reserves the right to remove any content posted on our Website at any time for any reason and to organize topical forums in order to best serve the majority of our visitors and members. Forum posts may be modified/edited/moved/merged/repurposed or compiled into a collection to provide value to the community.
You are prohibited from submitting any posting that: (i) restricts or inhibits any other user from using and enjoying this Website or any of GMAT Club’s other websites (the “Sites”); (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful component; or (vi) constitutes or contains false or misleading statements of fact.
You understand that when using the Website, you will be exposed to postings from a variety of sources, and that GMAT Club is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Postings. You further understand and acknowledge that you may be exposed to postings that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GMAT Club with respect thereto. GMAT Club is not responsible for any posting to our Website. Although GMAT Club may monitor and/or review any Posting, GMAT Club is not obligated to do so and GMAT Club assumes no liability or obligation with respect to any Posting.
While members own the content and interest in their posts, posting on the Website grants GMAT Club and its subsidiaries the right to reproduce the content in any medium without notification or compensation. Members' posts cannot be printed or duplicated in any way by a third party without the consent of the authors. Once you submit a post, GMAT Club has no obligation to remove or edit that post's content.
You acknowledge that any posting may be accessed by any third party, and GMAT Club assumes no liability for such access. Without limiting the generality of the foregoing, in the event that you use the Site Features to exchange information with third parties, you acknowledge that GMAT Club does not control or guarantee the legality, authenticity, accuracy or quality of any information posted by a third party on our Website or the use by such third party of any such information. You are solely responsible for your interactions with other users of the Website and any content that you post. GMAT Club will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. GMAT Club is not responsible for monitoring any exchange of information between you and any third party and you release us from claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with any exchange of information between you and any third party or any dispute you may have with any third party. GMAT Club recommends that you do not include any personally identifiable information as part of any Posting.
6.2 License; Postings
By submitting a posting, you are granting GMAT Club a perpetual, worldwide, royalty-free, non-exclusive, sublicensable and irrevocable right and license to use, copy, reproduce, prepare derivative works based upon, distribute, perform and display such information in whole or in part, in any form, media or technology known or hereafter developed as long as such use is consistent with our Privacy Policy. You hereby irrevocably waive any claims based on moral rights or similar theories, if any.
You acknowledge and agree that GMAT Club may preserve any communication by You with GMAT Club through the Website or any service offered on or through the Website, and may disclose such communications when required by law or if GMAT Club deems that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to a claim that the communication, or contents therein, violates the rights of others; or (4) protect the rights, property or personal safety of GMAT Club and its employees, users of or visitors to the Website, and/or the public.
You acknowledge that GMAT Club does not pre-screen postings, but that GMAT Club and its designees have the right (but not the obligation) in their sole discretion to block or restrict access to or the availability of, or to edit or disable, any posting that is available via the Website. By way of example and without limiting the foregoing, GMAT Club and its designees may edit or disable, or restrict access to or the availability of, any posting that (i) violates the terms of these Terms of Use; (ii) constitutes illegal, obscene, lewd, lascivious, filthy, excessively violent, harassing, offensive, objectionable or otherwise inappropriate material; or (iii) is required to be reviewed, monitored, edited or deleted by any court order, or in any governmental, administrative or judicial proceeding. You must evaluate and bear all risks associated with the use of any postings, including any reliance on the accuracy, completeness, or usefulness of such postings and any costs associated with your posting, such as data and messages rates of your provider that may apply. GMAT Club assumes no liability for use of any posting by any third party.
GMAT Club does not allow posting of real GMAT questions - all such posts will be removed by moderators and disciplinary actions will be taken against offenders
6.3 Use of Posted Content
Subject to the terms of these Terms of Use, you may access postings solely (i) for your information and personal use and (ii) as intended through the normal functionality of the Website.
Postings are made available to you for your information and personal use solely as intended through the normal functionality of the Website. Postings are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under these Terms of Use.
6.4 Digital Millennium Copyright Notice and Other Reports of Infringement:
GMAT Club respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, We will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not we, can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
• Your electronic or physical signature.
GMAT Club may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). GMAT Club designated Copyright Agent is:
Jonathan Bailey
CopyByte
3157 Gentilly Blvd Suite # 2254
New Orleans, LA 70122
Phone: 1-504-356-4555
Email: gmatclub-dmca@copybyte.com
7. SERVICES AND FEES
7.1 General
When you use certain Site Features accessed from the Website, additional terms and conditions provided with such Site Features or Software may apply, and you are required to follow those terms and conditions, which are incorporated by reference into these Terms of Use. In addition, you may be required to register and meet certain eligibility requirements, including but not limited to providing certain information, including your name, email address and other required information, including bank or credit card information and authorizations, or other necessary items, subject to the approval of GMAT Club. GMAT Club, in its sole discretion, may charge fees for access to our Website. When you post content on our Website, use other Site Features that have a fee you will have an opportunity to review and accept the fees that you will be charged based your access to the Website services and Site Features, which fees and terms and conditions may change from time to time in GMAT Club’s sole discretion unless otherwise agreed by you and GMAT Club in writing.
We may choose to temporarily change the fees for our services for promotional events or new Site Features, and such changes are effective when we post the temporary promotional event or new Site Features on the Website or as we otherwise agree with you in writing. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the services in a timely manner with a valid payment method (“Payment Method”). If your Payment Method fails or is past due, we collect fees owed using other collection methods, including retaining collection agencies and legal counsel, and you agree to reimburse us for any expense associated with such collection methods.
7.2 Cancellation Policy
Requests for refunds and cancellations will be honored within 30 days of purchase in GMAT Club’s discretion. Please allow one week for processing of the refund. Notifications will be accepted via email available on the Contact Us page. We reserve the right to levy a $9.95 charge to cover any subsequent administrative expenses.
7.3 GMAT Club Tests
GMAT Club tests are intended for personal use and access may not be shared, sold, or bartered. If you would like to use GMAT Club tests for tutoring or instruction, please contact us for bulk pricing. We reserve the right to terminate access and suspend subscription for users we suspect are in violation this policy.
7.4 Premium Membership Terms and Conditions
Both You and GMAT Club have the right to terminate any premium membership for any reason, including the ending of services that are already underway. No refunds shall be offered, where a service is deemed to have begun and is, for all intents and purposes, underway.
8. HYPERLINKS
8.1 Hyperlinks to this Website
In order to respect the integrity of the contents of this Website and avoid creating confusion amongst Internet users regarding the origin of the aforementioned contents, framing links, which enable a page from this Website to appear in a frame within the page of the Website visited by the user, are forbidden.
In any event, links from websites containing immoral, violent, pornographic or pedophilic material, or websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit, are strictly forbidden.
Under no circumstances shall a hyperlink to this Website from the website of a third party imply co-operation between GMAT Club and such third-party website. GMAT Club has no control over third-party websites and therefore assumes no responsibility with respect to contents, products, services, information, hardware or software of websites containing a hyperlink to this Website.
8.2 Hyperlinks to Third-Party Websites
This Website may contain links to the websites of GMAT Club partners or to the websites of third party companies. GMAT Club does not own and has no control over these websites and therefore assumes no responsibility with respect to the availability of these websites, their content, advertising material, and the products or services available at or through these websites. GMAT Club does not endorse any of these hyperlinked websites but provides hyperlinks to such websites only as a convenience. GMAT Club accepts no liability for any direct or indirect damage that may result from a user's visit to the partner or third-party websites, or from the use of the contents and services of these websites by the user.
You acknowledge that GMAT Club shall not be responsible or liable for the content or conduct of, associated with, or related to any hyperlinked website or advertiser site, and, accordingly, your access and use of any hyperlinked website or advertiser site shall be solely at your own risk. If you have any questions or concerns regarding any hyperlinked website or advertiser site, you should review any terms and conditions and privacy policy maintained by that hyperlinked website or advertiser site, or contact that hyperlinked website’s or advertiser site’s website administrator. GMAT Club will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
9. REPRESENTATIONS AND WARRANTIES AND INDEMNIFICATION
You represent, warrant and covenant to GMAT Club that: (i) you have the full power and authority to enter into and perform your obligations under these Terms of Use; (ii) your assent to and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound, or any applicable laws, regulations or rules; (iii) you are age 18 or over, able to form a legally binding contract, and these Terms of Use constitute legal, valid and binding obligations on you, enforceable in accordance with their terms and conditions; (iv) you will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of GMAT Club or any third party in your use of the Website; and (v) you will comply with all applicable laws, rules and regulations in your use of the Website, including these Terms of Use.
You further represent, warrant and covenant to GMAT Club that: (a)you are not, and shall not be during the period of your use of the Website, a supplier of any Competitive Product or Service, nor are you accessing the website, Software, and/or Proprietary Information, directly or indirectly, for the purpose of providing data or competitive information to a supplier of any Competitive Product or Service or any affiliate thereof or otherwise competing with GMAT Club or its affiliates; and (b) you have provided true and accurate information as to your actual identity.
You agree to indemnify and hold GMAT Club and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any and all damages, losses, costs liabilities or expenses (including without limitation, attorneys’ fees and costs), whether incurred in connection with a third party claim against any of the Indemnified Parties or directly by the Indemnified Parties, arising out of or related to (i) facts or circumstances that would constitute a breach by you of any provision of these Terms of Use or (ii) your use of this Website and/or the Proprietary Information. If you are obligated to provide indemnification pursuant to this provision, GMAT Club may, in its sole and absolute discretion, control the disposition of any third party claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third party claim without the consent of GMAT Club.
10. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
10.1 Disclaimer of Warranties
THE WEBSITE AND ANY PROPRIETARY INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RESPONSIBILITY FOR SELECTING THE WEBSITE, AND/OR PROPRIETARY INFORMATION TO ACHIEVE YOUR INTENDED RESULTS AND SOLE RESPONSIBILITY FOR THE USE OF, AND RESULTS OBTAINED FROM THE WEBSITE AND/OR THE PROPRIETARY INFORMATION. ANY CONTENT DOWNLOADED FROM OR ACCESSED THROUGH THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. WITHOUT LIMITING THE FOREGOING PROVISIONS, GMAT CLUB MAKES NO WARRANTY THAT THE WEBSITE AND/OR THE PROPRIETARY INFORMATION OR ITS USE WILL BE ERROR-FREE, SECURE, VIRUS FREE, OR FREE FROM INTERRUPTIONS, DEFECTS OR OTHER FAILURES OR HARMFUL COMPONENTS OR THAT THE WEBSITE AND/OR THE PROPRIETARY INFORMATION WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR BE COMPATIBLE WITH YOUR EQUIPMENT OR OTHER HARDWARE, SOFTWARE OR BROWSER CONFIGURATION OR THAT INACCURACIES OR ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GMAT CLUB DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, AND WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE, ALL WITH REGARD TO THE WEBSITE, AND/OR THE PROPRIETARY INFORMATION. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE WEBSITE AND/OR THE PROPRIETARY INFORMATION. THE ENTIRE RISK OF THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE WEBSITE AND/OR THE PROPRIETARY INFORMATION, IF ANY, REMAINS SOLELY WITH YOU. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
GMAT CLUB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY ADVERTISING AND GMATCLUB WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
GMAT Club reserves the right to modify or correct the contents of its Website at any time, without notice. GMAT Club shall not be liable in the event of contamination of your computer equipment as a result of virus propagation or other computer “infections.” You are responsible for taking all appropriate measures to protect your own data and software, including measures to protect your data and software from contamination by any viruses circulating via the Internet.
10.2 Exclusion of Damages
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL GMAT CLUB, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL INFORMATION, LOSS OF DATA, USER INFORMATION OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY, INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE, THE PROPRIETARY INFORMATION, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY GMAT CLUB, ITS EMPLOYEES, SUPPLIERS OR THE THIRD PARTIES MENTIONED ON ITS WEBSITE, AND EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11. TERMINATION AND OTHER RIGHTS OF GMATCLUB
GMAT Club may, in its sole discretion and without any liability, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without prior notice.
12. JURISDICTION; APPLICABLE LAW; DISPUTE RESOLUTION
These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of Washington, without regard to any provision governing conflicts of law. Any disputes arising out of, relating to, or connected with these Terms of Use or your use of this Website shall be brought exclusively before the federal or state courts serving King County, Washington. The use of this Website implies your express consent to the personal jurisdiction and venue of such courts.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
If GMAT Club takes legal action against You as a result of Your violation of these Terms of Use, GMAT Club will be entitled to recover from You, and You agree to pay, all reasonable attorneys; fees and costs of such action, in addition to any other relief granted to GMAT Club.
13. WAIVER OF CLASS ACTION RIGHTS; LIMITATION OF ACTIONS
By entering into these Terms of Use, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms of Use or your use of the Website must be asserted individually.
14. CORRESPONDENCE WITH GMAT CLUB AND USERS
By using this Website, You consent to receive electronic communications from GMAT Club, including by email or by a Website posting, and further agree that all such communications satisfy any legal or other requirement that such communication be in writing. You further consent to GMAT Club providing You with any notice required by these Terms of Use or regarding the Website by such electronic communications. Electronic notice shall be deemed given if GMAT Club sends it to the email address You provide with Your user account, regardless if You keep such email address updated.
To correspond with GMAT Club by e-mail, Internet users must use the email address provided herein. Our replies to e-mails may not be equated to or considered proof of advertising, promotional or commercial activity in the destination country of these replies.
E-mail messages sent to the GMAT Club Forum user email accounts provide the recipients with the option to opt-out from receiving further messages. All messages sent to the GMAT Club Forum users include an opt-out notice and unsubscribe link in the footer (or in rare cases header) of the message. The opt-out notice instructs users how to opt-out from receiving further messages.
By providing us with your personal information, you consent to our collection, use and disclosure of that information as described in the Privacy Policy. GMAT Club is the owner of the personal information collected on our website. If you do not want your personal information to be collected, used or disclosed in this manner, please do not submit your personal information to us.
If you would prefer to delete your account at GMAT Club Forum completely, you can send an email request to support@gmatclub.com and we will act accordingly.
15. ENTIRE AGREEMENT; SEVERABILITY
These Terms of Use, our Privacy Policy and, to the extent applicable, any member or subscriber agreements, and additional terms and conditions related to Site Features constitute the entire agreement between the parties with respect to the use of the GMAT Club Website, superseding all prior or contemporaneous oral or written agreements or understanding with respect to such subject matter. If any provision of these Terms of Use is held to be unenforceable or invalid in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions shall be given full force and effect.
16. OTHER PROVISIONS
GMAT Club’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. GMAT Club may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
17. FOR USER USE ONLY
Except as otherwise specifically set forth herein, the information, including without limitation, Proprietary Information, made available through your use and access of the Website is intended only for you and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than you is prohibited.
We, GMAT Club (gmatclub.com), collect information that you choose to disclose, such as your GMAT scores and your email address. We also collect information about you and your use of this Website every time you visit, which may include site traffic statistics, page views, operating system and browser type, and IP addresses. If you are a user of the GMAT Club tests system, we also record your performance, answer choices and time taken on every test question.
The collected information is used to:
Except as provided herein and in the Terms of Use, GMAT Club will never share, sell, rent or disclose to third parties your personal information without obtaining your permission first (unless ordered by a Court of Law).
GMAT Club may send you service related emails related to your account. If you no longer wish to receive these emails, you may opt out of them by closing your account by going to My Profile, Settings, Close Account.
If you choose to purchase a product from us, we or our third-party payment processors will collect your payment information.
We also use or may use Google Analytics, Google Tag Manager, Google AdWords (Conversion Tracking), Facebook pixel, Facebook, Google Plus, and other social plugins . Some or all of these tools may be used to track information about your behavior on our website depending on your region. For more information or to opt-out, please visit the respective website(s) of these vendors or contact us at support@gmatclub.com.
Occasionally we may employ member information for new unanticipated uses. In such cases we will post the policy changes here and notify you, providing an ability to withdraw your private information.
Information from Integrated Services like Google, Facebook, LinkedIn:
If you decide to register trough or otherwise grant access to a third-party social networking or integrated service (what we call an "Integrated Service") such as YouTube, Google, Facebook or LinkedIn, GMAT Club may also collect Personal Information that is already associated with your Integrated Service account. You may also have the option of sharing additional information with GMAT Club trough an Integrated Service. If you choose to provide such information, during registration or otherwise, you are giving GMAT Club the permission to use, share and store it in a manner consistent with this Privacy Policy.
For members that use our "Login with Facebook" OAuth application we use the member's Facebook ID to uniquely identify the member, and we also use the member's Facebook email address so that we can make the forum account for the member. We do not store or use any other information from "Login with Facebook". If you want your data to be deleted please contact us at support@gmatclub.com.
For users that use our "GMAT Club Customer Verification" OAuth application (that uses YouTube API Services) we use the user's YouTube ID or Google email address to uniquely identify the user, so that we can provide access to the GMAT Club Forum Quiz Mode for GMAT Club's YouTube channel subscribers. We do not store or use any other information from "GMAT Club Customer Verification". YouTube Terms Of Services https://www.youtube.com/t/terms apply to users that use "GMAT Club Customer Verification" application.
California Consumer Privacy Act (“CCPA”)
Under CCPA, Californian residents have the right to declare their preferences on the sale of data for advertising and marketing purposes. If you wish to change your preferences, click this link to launch our preference portal:
We use a third-party to provide monetisation technologies for our site. You can review their privacy and cookie policy here.
Legal basis for processing information: EEA users only
(a) We use the information that we collect to operate and maintain GMAT Club Service.
The legal basis is 6(1)(f) of the EU General Data Protection Regulation (GDPR).
Processing is necessary for the purposes of the legitimate interests. http://www.privacy-regulation.eu/en/article-6-lawfulness-of-processing-GDPR.htm
(b) If you have given your consent, we use the information that we collect to send you marketing communications in our newsletter or promotional emails.
The legal basis is 6(1)(a) of GDPR.
The data subject has given consent to the processing of his or her personal data for one or more specific purposes. http://www.privacy-regulation.eu/en/article-6-lawfulness-of-processing-GDPR.htm
How We Share Your Information.
(a) Personally Identifiable Information: GMAT Club will not rent or sell your personally identifiable information to others. Any personally identifiable information you elect to make publicly available on our GMAT Club, such as posting on our forum, creating reviews, comments on our blog page or reviews, will be available to others. If you remove information that you have made public on GMAT Club, copies may remain viewable in cached and archived pages of GMAT Club, or if other users have copied or saved that information.
(b) Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain GMAT Club Services and those of our partners. Non-personally identifiable information may be stored indefinitely.
(c) Instances Where We Are Required To Share Your Information: GMAT Club will disclose your
information where required to do so by law, if subject to subpoena or other legal proceeding
or if we reasonably believe that such action is necessary to (a) comply with the law and the
reasonable requests of law enforcement; (b) to enforce our Terms of Service or to protect the
security or integrity of our Service; and/or (c) to exercise or protect the rights, property,
or personal safety of GMAT Club, our users or others.
(d) What Happens In The Event Of A Change Of Control: We may buy or sell/divest/transfer the
company (including any shares in the company), or any combination of its products, services,
assets and/or businesses. Your information such as customer names and email addresses, and other
User information related to the GMAT Club Service may be among the items sold or otherwise transferred
in these types of transactions. We may also sell, assign or otherwise transfer such information in
the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations,
liquidations, similar transactions or proceedings involving all or a portion of the company.
You will be notified via email and/or a prominent notice on our Site of any change in ownership or
uses of your personal information, as well as any choices you may have regarding your personal information.
Your Choices About Your Information.
Data protection law gives you a range of rights in connection with our processing of your personal data.
In this regard, you have the right to request that we rectify or delete the personal data or restrict the processing of
your personal data, if you think they are inaccurate.
Furthermore, you have the right to object against the processing based on our legitimate interests as a legal basis.
We are required to assess and act on your request. Additionally, you also have the right to data portability if it should become relevant.
You have a right to lodge a complaint with your local supervisory authority.
If you would like to exercise any of these rights, please contact us at support@gmatclub.com.
Marketing newsletter e-mail opt out
You may opt-out of receiving promotional emails from us, by clicking on the “unsubscribe” link in the emails you receive from us.
Our Retention Of Your personal Information.
We do not store personal information longer than we need it.
(a) If you have an account with GMAT Club, we will retain your personal information for as long as your account is active or as needed to provide you services.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
(b) If you are a visitor to the GMAT Club we will retain your information for as long as necessary but no longer than one (1) year after your last visit to our Sites.
How We Protect Your Information.
GMAT Club is concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to
GMAT Club or guarantee that your information on the GMAT Club Service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical,
technical or managerial safeguards. When you enter sensitive information (such as log in credentials) on our registration or order forms, we encrypt that information using
secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage, is 100% secure, however.
Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at support@gmatclub.com
We use an outside credit card processing company to bill you if you purchase services.
These companies do not retain, share, store or use personally identifiable information for any other purposes.
Compromise of Personal Information.
In the event that personal information is compromised as a breach of security, GMAT Club will promptly notify our customers in compliance with applicable law.
Children’s Privacy.
Protecting the privacy of young children is especially important. For that reason, GMAT Club does not knowingly collect or solicit personal information from anyone under the age of 13. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@gmatclub.com
Wiki Privacy Policy
Be advised that all material posted on this Wiki is publicly viewable and can be indexed by robots. If you choose to disclose any private information on a Wiki page, GMAT Club is not responsible for its uses by third parties.
Forum Privacy Policy
In the like manner, the posts made on the forum are publicly viewable and can be indexed, with the exception of several protected forums that have access restrictions. In contrast, the contents of Private Messages are not disclosed to third parties nor accessed by GMAT Club, being sent only to the listed recipients of the Private Message.
If you choose to allow this in your forum profile, other members will be able to contact you by email through a web interface, without disclosing your email address to the senders. Also, if you choose to, you will be notified by email about incoming private messages and replies to your posts.
If you choose any partner offers during the registration process, your registration information including your email address will be shared with the partners you have chosen. They may contact you about your account/offer and you will be subject to their privacy policy.
Tests Privacy Policy
Your scores and performance in GMAT Club Tests are recorded. This information is used to allow you to review you mistakes and compare your performance to other members; it also may be used to calibrate the test questions and perform statistical analysis of the response data. In all the use cases, your private performance information is made anonymous prior to any analysis.
Email Privacy Policy
Automatically generated emails coming from GMAT Club are signed by:
mail@gmatclub.com
If you have received unsolicited email that was (or appeared to be) sent from gmatclub.com address, or through our mail servers, please forward a copy of that email with your comments to:
abuse@gmatclub.com
If you do not want to receive any e-mails from us, please let us know by sending an email to the technical contact address:
support@gmatclub.com
Changes to this Privacy Policy
From time-to-time, GMAT Club may modify this Privacy Policy to reflect industry initiatives, regulatory reasons, changes in the law, our information collection and use practices, or changes in the features of the Service or technology. Therefore, it is important that you review this Privacy Policy regularly to ensure you are updated as to any changes.
Log Files
We use IP addresses to analyze trends, administer the Website, track users’ movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within GMAT Club on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Cookies
A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, language, font size and other display preferences) over a period of time, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another
Like most interactive websites our Website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our Website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
The browsers of most computers, smartphones and other web-enabled devices are typically set up to accept cookies. If you wish to amend your cookie preferences for this site, any local sites or any other websites, you can do this through your browser settings. Your browser's 'help' function will tell you how to do this.
However, please remember that cookies are often used to enable and improve certain functions on our site. If you choose to switch certain cookies off, it is likely to affect how our site works.
Although we reserve the right to make changes to this policy without any further or additional notice to you or to others, we will post any such changes on this page. Our Website may contain links to other websites. We are not responsible for the privacy policies of those other sites. You should read those policies.