GMAC Advancery – Terms of Use

These Terms of Use (hereinafter referred to as the “Agreement”) are 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 the GMAC™ Advancery service, including any upgrades or updates thereto provided by GMAC that replace and/or supplement the original service (collectively, 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.

SERVICE: The Service is intended for your own personal, non-commercial purposes to assist you with finding graduate management education and certification programs that align with your personal and career needs and goals. 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 includes the content and other aspects of the Service available on https://advancery.gmac.com/. In order to access the Service, you must register by creating a GMAC Advancery account.
FREE TRIAL, PAYMENT, AUTO-RENEWAL, AND CANCELLATION:
1. You may initially access the Service at no cost during a one-time seven (7) day free trial period (“Trial Period”). The Trial Period begins when you create your account, and your access to the Service will begin at this time. During or after the Trial Period, you may purchase a paid subscription (also referred to as a “membership”) to the Service at the listed price. If your Trial Period expires, and you have not purchased the Service, then you will lose access to the Service; however, such access will be restored once you have purchased the Service. Your payment for the Service will be processed by GMAC’s payment processor service provider, and you understand and agree that in addition to agreeing to this Agreement, you will be required to agree to GMAC’s service provider’s terms and conditions in order to complete your purchase.
2. Following the Trial Period, your subscription to the Service shall commence upon the date that you first purchase the Service (the “Subscription Effective Date”) and shall continue for an initial term of six (6) months from such Subscription Effective Date (the “Initial Term”). You acknowledge that the Service is digital content, as of the Subscription Effective Date, the Service will be made available promptly for your use, and while you may cancel the Service during the Initial Term as provided herein, once you access the Service, you will not be eligible to receive a refund of any portion of the fees paid for the Initial Term, unless otherwise specifically agreed by GMAC in writing in accordance with the GMAC Advancery Refund Policy, expressly required by applicable law, or expressly provided herein. After the Initial Term, your subscription to the Service will automatically renew for subsequent 6-month renewal terms at the listed renewal price, if you expressly agreed to automatic renewal (each, a “Renewal Term”), and your payment method on file will be charged on the next billing date listed in the “Membership and Billing” section of your account. The Initial Term and the Renewal Term are collectively referred to herein as the “Term.”
3. CANCELLATION: You may cancel the Service prior to the expiration of the Initial Term or any Renewal Term by following the GMAC Advancery Membership Cancellation Instructions. If you cancel, you may access and use the Service until the end of the then-current Term, your subscription to the Service will not be renewed after the then-current Term expires, and your access to the Service will end upon such expiration. However, you will not be eligible to receive a refund of any portion of the fees paid for the then-current Term, and you will remain responsible for any outstanding fees due for the remainder of the then-current Term, unless otherwise specifically agreed by GMAC in writing in accordance with the GMAC Advancery Refund Policy, expressly required by applicable law, or expressly provided herein.
TERMINATION: GMAC may terminate this Agreement at any time upon providing at least thirty (30) days’ notice posted on https://advancery.gmac.com/. Additionally, GMAC may immediately terminate this Agreement if you fail to comply with any term(s) of this Agreement, you engage in conduct that violates any applicable law, 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 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 2(c), 3, 4, 5, 6, 7, 8, 9, 10, and 12 of this Agreement shall survive any termination or expiration.
LICENSE AND OWNERSHIP: Subject to your compliance with this Agreement and only for so long as you are permitted by GMAC to access and use the Service, GMAC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for the purposes set forth in Section 1 of this Agreement. 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.
ELIGIBILITY/RESTRICTIONS ON USE:
1. You shall not use the Service if you are under eighteen (18) years of age or if your prior use of the Service has been suspended or terminated.
2. You shall not distribute or make all or any part of the Service available for use by another person.
3. 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 GMAC Advancery 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 GMAC Advancery 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 those purposes set forth in Section 1 of this Agreement; (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.
DATA/PRIVACY: GMAC 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 to the Service (e.g., access time, platform, version number), how you use the Service (e.g., session ID, event log, session flow and navigation, error log), and your results from use of the Services (e.g., program recommendations). When you use the Service, your personal information is shared with GMAC and its service providers. GMAC may use this data for certain legitimate business purposes, which include the following: to improve the Service, 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 details 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.
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 accessing 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.
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, 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.
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.
GOVERNING LAW AND LEGAL PROCEEDINGS: This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, 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, USA. 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.
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.
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. GMAC reserves the right to modify this Agreement at any time by replacing this Agreement with an updated Agreement on https://advancery.gmac.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. No other amendment to or modification of this Agreement will be binding unless it is in writing and signed by GMAC. 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.
CUSTOMER SERVICE: For questions and technical support assistance for the Service, you may contact us at advanceryhelp@gmac.com.

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