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GMAC Official Business Writing Assessment Practice – Terms of Use (this “Agreement”)

This Agreement is a legal contract between you (“End User” or “you”) and the Graduate Management Admission Council (“GMAC” or “we”), and it governs your access to and use of any content, materials, or services accessible from or purchased within the following (including any upgrades or updates thereto provided by GMAC that replace and/or supplement the original service, unless such upgrade is accompanied by a separate agreement, in which case the terms of that agreement will govern):

GMAC™ Official Business Writing Assessment Practice

(the “Service,” as further defined in Section 1 below).

PLEASE READ THIS AGREEMENT BEFORE USING THE SERVICE. BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. THESE PROVISIONS ARE AN ESSENTIAL PART OF OUR BARGAIN. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE. YOU CONSENT TO HAVE THIS AGREEMENT PROVIDED TO YOU IN ELECTRONIC FORM. YOU HAVE THE RIGHT TO RECEIVE, AND MAY REQUEST, A NON-ELECTRONIC COPY BY CONTACTING GMAC CUSTOMER CARE.

1. SERVICE:  The Service is intended for your own internal purposes to help you prepare for the GMAC Business Writing Assessment (the “Assessment”). You shall not use the Service for any other purpose, and you shall comply with all of the restrictions contained herein relating to your use of the Service. The Service is to be used as a tool to help you understand the content and format of the Assessment. The Service includes all documentation and content, including instructions, practice essay prompts, results, and all other aspects of the online service found on the Assessment Prep webpage at https://www.mba.com/exams/business-writing-assessment/prepare.
2. PAID SERVICE:
   1. Purchase of Service: To access and use the Service, you must purchase it.
   2. Access Code: When you purchase the Service, you will receive an email confirmation with an access code to access and use such Service and information on how to create and access your account.
   3. Except with respect to the purchasers of a bulk order as provided in Section 14, your access to the Service shall commence upon the date that you first purchase the Service (the “Effective Date”) and shall continue for a period of two hundred seventy (270) days from such Effective Date, unless earlier terminated by GMAC as provided herein. Each purchase provides you with four (4) unique prompts and two (2) attempts to complete each prompt for a total of eight (8) attempts. Any additional attempts require the repurchase of the Service. You acknowledge that as of the Effective Date, the Service will be made available promptly for your use, and you do not have the right to cancel the Service or this Agreement or receive any refund, unless otherwise specifically agreed by GMAC in writing or expressly required by operation of applicable law.
3. TERMINATION: GMAC may terminate this Agreement upon providing at least thirty (30) days’ notice posted on www.mba.com. Additionally, your rights under this Agreement shall immediately terminate if you fail to comply with any term(s) of this Agreement or if GMAC discontinues the provision of the Service to its customers due to unforeseen circumstances beyond GMAC’s control or to comply with a legal requirement. GMAC may deploy fraud detection software or other means to monitor compliance with these terms. Upon the termination of this Agreement, you shall cease all use of the Service and destroy all material relating to the Service and the content contained therein. Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14 of this Agreement shall survive any termination or expiration.
4. OWNERSHIP: As between GMAC and you, GMAC retains all right, title, and interest in and to the Service, including all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, software, code, interfaces, text, graphics, applets, video, and audio incorporated therein and any user guides, documentation, and URLs related to GMAC’s products and services, including the Service. All rights not expressly granted to you herein are reserved by GMAC.
5. ELIGIBILITY/RESTRICTIONS ON USE:
   1. You shall not use the Service if you are under sixteen (16) years of age or if your prior use of the Service has been suspended or terminated.
   2. You must have an account in order to use the Service.
   3. Except with respect to the purchasers of a bulk order as provided in Section 14:
      1. You shall not distribute or make all or any part of the Service available for use by another person.
      2. You shall not, and agree not to permit others to, directly or indirectly sell, rent, lease, loan, timeshare, or sublicense the Service.
   4. Allowing any person other than yourself to use the Service, including, but not limited to, by transmission of your account username or password, is expressly forbidden, and failure to comply with this prohibition may result in the suspension or termination of the right to continue to use the Service.
   5. You shall use reasonable efforts to maintain the secrecy of your account username and password and shall not save such information on a workstation that may be used by multiple users.
   6. You shall not, and shall not enable others to: (i) copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Service; (ii) modify, translate, alter, or collect information or content from the Service that can be used to create derivative works of all or any part of the Service; (iii) access or use all or any part of the Service for any purpose other than for your individual Assessment preparation; (iv) alter, obscure, or remove any copyright, trademark, or other proprietary legend from the Service; or (v) interfere or tamper with or disable any access control or security features of the Service. Any attempt to do any of the foregoing is a violation of the rights of GMAC and constitutes a material breach of this Agreement.
6. DATA/PRIVACY: GMAC, directly or through its service provider, reserves the right to monitor your use of the Service and to collect and analyze data relating to your use of the Service. This information includes, but is not limited to, information about your access of the Service (e.g., access time, accommodation used, platform, version number), how you use the Service (e.g., session ID, event log, session flow and navigation, error log), and performance on the practice essays (e.g., result ID, questions, answers, time to answer, test results, ratings). When you use the Service, your personal information is shared with GMAC and its service provider. GMAC and its service provider may use this data for certain legitimate business purposes, which include the following: to improve the Service to assist with study efforts and better predict performance on the Assessment, for marketing research, to assess your compliance with the terms and conditions of this Agreement, and to notify you of any upgrades or add-ons to the Service. GMAC’s Privacy Statement provides additional detail about how personal information is used and about your privacy rights. GMAC may also contact you regarding promotional offers to the extent you have opted in to receiving such communications. You may opt out of receiving GMAC communications at any time by unsubscribing through your profile on mba.com or by contacting GMAC Customer Care.
7. UPDATES AND UPGRADES; USER FEEDBACK:
   1. GMAC reserves the right, but is not obligated, to update, improve, replace, modify, or alter the specifications for and functionality of all or any part of the Service from time to time (collectively, “Updates”). By installing or using the Service, you agree to automatically receive Updates.
   2. If you suggest any new feature, functionality, or other Update that GMAC, in its sole discretion, adopts for the Service, such new features, functionality, or Updates will be the sole and exclusive property of GMAC, and you hereby waive and release any and all other claims to ownership therein.
8. DISCLAIMER OF WARRANTIES:
   1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GMAC NOR ITS THIRD-PARTY LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, ITS “LICENSORS”) MAKE ANY WARRANTIES OR PROMISES, WHETHER EXPRESS OR IMPLIED, OR BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE, ABOUT THE SERVICE OR YOUR USE THEREOF. THE SERVICE IS PROVIDED “AS-IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF SUCH SERVICE SHALL BE WITH END USER. GMAC AND ITS LICENSORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, THIRD-PARTY SOFTWARE, AND ANY SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (INCLUDING ALL GUARANTEES OF ACHIEVING A HIGHER SCORE ON THE ASSESSMENT), SATISFACTORY QUALITY, NON-INFRINGEMENT, COMPATABILITY WITH THIRD-PARTY SOFTWARE OR HARDWARE, OR THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE.
   2. Continuous internet access is required to access the Service, and such access is the sole responsibility of each End User.
9. LIMITATION OF LIABILITY: IN NO EVENT WILL GMAC, ITS LICENSORS, OR THEIR RESPECTIVE AFFILIATES BE LIABLE TO YOU FOR (A) ANY CLAIM MADE BY ANY THIRD PARTY AGAINST YOU RELATING TO THIS AGREEMENT, OR (B) ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, EVEN IF GMAC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATIONS, IN WHICH CASE SUCH LIMITATIONS MAY NOT APPLY. IN NO EVENT SHALL GMAC’S AND ITS LICENSORS’ TOTAL LIABILITY FOR ALL DAMAGES (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE PURCHASE PRICE YOU PAID FOR THE SERVICE.
10. GOVERNING LAW AND LEGAL PROCEEDINGS: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflict of laws principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision or any portion thereof of this Agreement to be unenforceable, the remainder of this Agreement shall remain in full force and effect. In the event of a dispute arising out of or relating to this Agreement or the Service, such dispute shall be brought exclusively in a court of competent jurisdiction located in the Commonwealth of Virginia. The parties (GMAC and you) hereby agree to waive any right to a jury trial in such dispute. You shall resolve disputes with us only on an individual basis and shall not bring a claim as a plaintiff or class member in a class, consolidated, or representative action.
11. EXPORT CONTROL: You shall not export or re-export the Service except as authorized by United States law and the laws of the jurisdiction in which the Service was accessed.
12. GENERAL: This Agreement constitutes the entire agreement between you and GMAC relating to the Service and supersedes all prior or contemporaneous understandings regarding the Service. No amendment to or modification of this Agreement will be binding unless it is in writing and signed by GMAC. GMAC reserves the right to modify this Agreement at any time by replacing this Agreement with an updated Agreement on mba.com. You should check this Agreement periodically for modifications. If any modification is unacceptable to you, your only recourse is to cease use of the Service. Your continued use of the Service shall constitute your binding acceptance of the modified Agreement. In the event of a dispute between the English version and any non-English versions of this Agreement, the English version of this Agreement shall govern, to the extent not prohibited by local law in your jurisdiction.
13. CUSTOMER SERVICE: For technical support assistance for the Service, you may contact us by visiting this page.
14. BULK ORDERS: If you are purchasing the Service in bulk (i.e., more than one access code for more than one End User), the following additional terms shall apply:
    1. Bulk orders for the Service shall not be construed as creating a partnership or any relationship between you and GMAC. You are prohibited from implying that any such relationship exists and shall not imply that GMAC endorses your products or services. GMAC retains all rights in its products and services, subject to the licenses granted to End Users herein. You must comply with GMAC’s policies on copyrights, trademarks, and logos usage at www.gmac.com/about-us/trademarks-and-copyrights. If you are a test prep organization, you may incorporate the use of the Service into your courses, provided that a copy of the Service has been purchased for each attendee. You are expressly prohibited from reselling the Service.
    2. All end users for whom you purchase the Service (“Your End Users”) shall comply with the terms in this Agreement, including, but not limited to, those restrictions set forth in Section 5. You hereby agree that: (i) you shall inform each of Your End Users of the obligations and restrictions herein, and (ii) you shall be responsible for compliance with this Agreement by each of Your End Users.
    3. You acknowledge that once purchased, the Service will promptly be made available for use, and you do not have the right to cancel the Service or this Agreement or receive any refund, unless otherwise specifically agreed by GMAC in writing or expressly required by operation of applicable law.
    4. You must provide access codes to the Service to Your End Users within twelve (12) months of the date you purchased the Service. The access codes will no longer be valid after that 12-month period. You must inform Your End Users that their access to the Service shall commence upon the date they receive their access code from you and shall continue for a period of two hundred seventy (270) days thereafter, unless earlier terminated by GMAC as provided herein.

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