2018 NMAT by GMAC™ Official Prep Service – End User License Agreement
(Available through 30 April 2019 or the date upon which the 2019 edition of the NMATPrep online service is published, whichever is first.)
1 April 2017
Because this End User License Agreement contains legal obligations, please read it carefully.
The NMAT by GMACTM Official Prep service is intended to assist you with preparing for the NMAT by GMAC™ exam by providing practice exam questions. The service should be used to help you prepare for the exam, and is no guaranty or assurance of achieving a certain score on the exam.
1. Acceptance of End User License Agreement
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.
By accessing the Service (defined below), you are indicating that you have read and understood and you agree to be bound by the terms and conditions of this End User License Agreement (the “Agreement”). Also, you are indicating that you understand and agree that the Graduate Management Global Connection (India) Pvt. Ltd., a subsidiary of Graduate Management Admission Council, ("GMAC", "we", us" or "our") may revise this Agreement from time to time without providing any notice to you. You should visit this page periodically to review Agreement updates. GMAC will post notices of modifications to this Agreement on this page. Changes will not apply retroactively and will become effective no sooner than fifteen (15) days after they are posted. Your continued use of the Service, after we have revised the Agreement and after expiry of fifteen (15) days from the date of such revision, will indicate that you accept the terms as revised. However, changes made for any legal reasons will be effective immediately. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT OR ANY FUTURE AGREEMENT, DO NOT LAUNCH OR USE THE SERVICE. Also, if you do not agree to the modified/ revised terms for Service, you should discontinue your use of the Service.
This Agreement governs your use of the NMAT by GMACTM Official Prep service, including the free NMAT by GMAC Official Practice Exam 1, any paid exam pack, the All India 2018 Mock Exam), the NMAT by GMAC Official Practice Exam 4 (Official Guide Access Code) exclusively available on a complimentary basis as a component of the initial purchase of GMAC’s NMAT by GMAC Official Guide book, and any current or future add-ins, updates, upgrades, documentation, and content, including practice test questions (the “Service”)
The term of the Agreement commences on the date you purchase the Service and ends on the earlier of 1st April 2019 or the date upon which the 2019 NMAT online prep service is published, or earlier if GMAC terminates your access to the Service in accordance with this Agreement (“Service Term”).
3. Data You Provide
In addition to personal information that is collected from you, GMAC collects information, such as how you use the Service (e.g. session ID, event log, session flow and navigation, error log) and performance on the practice exam questions (e.g., questions, answers, time to answer, score), to make improvements or changes to the Service and to develop new products and services related to the NMAT by GMAC exam. We may also compare your performance on the Services with your NMAT by GMAC exam performance; by comparing the two, GMAC is able to improve the Service. GMAC may also contact you regarding updates to the Service and other product and services related to NMAT by GMAC exam.
4. Use of Service
The Service is owned and maintained by GMAC and its suppliers and licensors. The Service is licensed, not sold. Upon your acceptance of this Agreement and your successful completion of the registration for the Service, GMAC grants you a limited, non-transferable, non-exclusive license, to use the Service for your individual use only, during the Service Term. We reserve all rights not expressly granted to you. Technical requirements can be found at System Requirement. System Requirement.
5. Restrictions on Use
The licensed rights are limited to your personal, non-commercial use. You agree (a) not to make the Service available to any other person or entity or make it available over a network where it could be used by multiple devices at one time; (b) not to rent, lease, lend, sell, redistribute or sublicense the Service; (c) modify or create derivative works of the Service; (d) not to reverse engineer or attempt to derive the source code of all or any part of the Service (except to the extent any foregoing restriction is prohibited by applicable law). You shall not transfer the Service to anyone else without the prior written permission of GMAC. Any approved transferee shall be bound by the terms of this Agreement. Any use of the Service not expressly permitted by this Agreement is a breach of this Agreement and may also violate copyright, trademark and other laws. You agree not to modify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations.
You are responsible for complying with all applicable laws and regulations in connection with your access to and use of the Service.
6. Service Modifications
GMAC reserves the right, in its sole discretion and without incurring any liability to you, to update, remove, or replace all or any part of the Service at any time. If you suggest new content, features or functionality that GMAC, in its sole discretion, incorporates in the Service, such new content, features or functionality will be the sole and exclusive property of GMAC and you hereby waive and release all rights and claims to the same.
You are responsible for maintaining the confidentiality of the password you provide during the registration process, and you are fully responsible for all activities that occur under your password or account. YOU AGREE NOT TO SHARE YOUR PASSWORD WITH ANY OTHER PERSON or to allow any other person to access the Service using your password. You agree to immediately notify GMAC at firstname.lastname@example.org of any unauthorized use of your account or any other breach of security relating to the Service. GMAC reserves the right to require you to change your password for network security reasons.
You shall not breach the security of the Service, including, without limitation: (a) accessing data not intended for you or logging into an 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 the Service without proper authorization, and (c) using viruses, spamming, flooding, etc. to interfere with service to any user, host, or network.
Due to the nature of the internet, we cannot be responsible for viruses, worms, Trojan horses or other items of a destructive nature and shall not be liable for any loss or damage, including loss of data that such items may cause. Therefore, it is your responsibility to take precautions against such items.
8. No Warranties
THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GMAC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OR NON-INFRINGEMENT.
GMAC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE SERVICE WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE OR HARDWARE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GMAC OR A GMAC AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Some jurisdictions may not allow the disclaimer of implied warranties or limitations on applicable statutory rights of a consumer. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
GMAC DOES NOT GUARANTEE THAT THE USE OF THE SERVICE WILL IMPROVE YOUR RESULTS ON THE NMAT BY GMAC EXAM. Any decisions or action taken by you on the basis of your use of the Service is at your sole discretion.
9. Limitation of Liability
GMAC AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS OR LOSS OF DATA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY: (a) YOUR USE OF, INABILITY TO USE, OR RELIANCE ON, ALL OR ANY PART OF THE SERVICE, (b) ANY ERRORS OR OMISSIONS IN ALL OR ANY PART OF THE SERVICE, OR (c) THE PERFORMANCE OR NON-PERFORMANCE BY GMAC OR ANY OF ITS LICENSORS OR SUPPLIERS.
THE MAXIMUM LIABILITY OF GMAC AND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, AND SUPPLIERS, COMBINED, SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY THE PURCHASER TO GMAC, IF ANY, FOR THE USE OF THE SERVICE. THE LIMITATIONS OF LIABILITY IN THIS AGREEMENT APPLY EVEN IF GMAC HAS BEEN 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, agents, licensors and suppliers shall be limited in accordance with this Agreement to the fullest extent permitted by law.
10. Linked Sites
On this site there may be 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 site is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. 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 sites. Such links provided on this site, 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 site is authorized to use any trademark, trade name, logo, or copyright symbol of GMAC.
NMAT™ is a trademark of GMAC. The NMAT by GMAC logo, NMAT by GMAC™, and NMATPrep™ are trademarks of the Graduate Management Admission Council and GMAC® and Graduate Management Admission Council® are registered trademarks of the Graduate Management Admission Council in the United States, India, and other countries. The trademarks and logos used in the Service identify our services and are owned by GMAC or are licensed to GMAC. You agree not to use of any of the marks appearing in the Service without the express written consent of GMAC or the owner of the mark. Any unauthorized use is strictly prohibited.
12. Termination, No Refunds, and Investigations
GMAC reserves the right to suspend, limit, or terminate your access to the Service at any time, with or without notice, if it determines, in its sole discretion, that you have violated any applicable law or have failed to comply with any provision of this Agreement, or any other agreement pertaining to the use of GMAC products or services, or for any other reason in GMAC’s reasonable discretion. Your violation of this Agreement or any other agreement pertaining to the use of GMAC products or services shall be adequate grounds for termination of the Services, and no liability shall befall GMAC to refund the fees already paid. Once the payment has been made, no refund will be made on any ground, including non-usage of the Service. If we believe your conduct fails to conform to this Agreement, we reserve the right to investigate, involve, report to, and cooperate with law enforcement, governmental, or other authorities concerning such conduct, and to pursue a civil lawsuit, criminal prosecution, or other action for any alleged or actual illegal, fraudulent, or other unauthorized activities involving the Service, with or without notice. However, subject to our discretion or where compelled to do so, we may notify you of termination of your access to the Service via e-mail or other written notice to the address you provide to us in the registration process. Upon termination, the Service Term will end and you will not be authorized to access or use the Service, and you shall immediately discontinue your use of the Service. Section 3 and Sections 5-15 of this Agreement shall survive termination of this Agreement.
13. Governing Law and Arbitration
This Agreement shall be governed by and construed in accordance with the laws of India, without effect to any principles of conflicts of law. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
All controversies and claims between you and GMAC related to this Agreement or the Service shall be exclusively submitted to arbitration under the Arbitration & Conciliation Act, 1996, as amended, by a sole arbitrator appointed by GMAC. Arbitrator’s decisions shall be final and binding on the parties. The seat of arbitration shall be Gurgaon. You must submit any legal notices to the attention of the General Counsel, Graduate Management Global Connection (India) Pvt. Ltd., Suite 303 Suncity Business Tower, Sector 54, DLF Golf Course Road, Gurgaon – 122 002, India.
14. Access to this Agreement
When you launch this Service, you also consent to have the Agreement provided to you in electronic form and agree to receive information about your account electronically. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically agree to it by launching the Service. To receive a non-electronic copy of the Agreement, please send an email to email@example.com
Your agreement to this Agreement does not confer any rights, remedies, or benefits upon any person other than you and GMAC. GMAC may assign this Agreement, in whole or in part, with or without notice to you. You may not assign any rights under this Agreement without the prior written consent of GMAC. This Agreement shall be binding on and inure to the benefit of the permitted successors and assigns. If any provision of this Agreement is held to be void, invalid, unenforceable, or illegal by a proper legal authority, that provision shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. An omission or delay by GMAC in enforcing any right or remedy under this Agreement shall not be interpreted as a waiver of any such right or remedy. No express or implied waiver by GMAC of any breach shall in any way be construed as a waiver of any future or subsequent breach. GMAC will not be liable for breach of this Agreement if such non-performance is caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond GMAC’s reasonable control. Except as otherwise specified in this Agreement, this Agreement constitutes the entire agreement between you and GMAC with respect to your use of the Service and supersedes all prior or contemporaneous understandings regarding such subject matter.
- One free online practice exam of 120 NEW past NMAT™ exam questions.
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