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CyberGMAT Online Course Terms of Service

Welcome to CyberGMAT.com, a free GMAT study and preparation website and service (henceforth, "CyberGMAT", "the Site", "the Website", or "the Service"), operated by CyberGMAT ("the Company", "us", or "we"). By accessing our website (www.CyberGMAT.com) or otherwise using the Service, you (the "User") indicate that you have read, understand and agree to be bound by these terms and conditions ("Terms of Service"), whether or not you are a registered user of CyberGMAT. The company reserves the right to change, modify, add, or delete parts of these Terms of Service at any time, at our sole discretion and without further notice. If we do so, the changes will be posted on this Terms of Service page, including the date of revision at the top of the page. Your use of CyberGMAT following any such changes signifies your understanding and acceptance of the new Terms of Service. It is your responsibility to check CyberGMAT regularly and review any and all changes to the Terms of Service. If you do not agree to be bound by these or future Terms of Service, do not access or use CyberGMAT.

PLEASE READ THESE TERMS OF SERVICE WITH CARE, AS THEY CONTAIN CRUCIAL INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES, INCLUDING LIMITATIONS, EXCLUSIONS, AND RULES OF DISPUTE RESOLUTION.

1. Eligibility

Membership in CyberGMAT is void where prohibited. CyberGMAT is intended strictly for Users eighteen (18) years of age or older. By using CyberGMAT, you represent and warrant that you are 18 years of age or older. Registration to, access to, or use of CyberGMAT by any person under 18 is unauthorized and is considered a violation of these Terms of Service.

3. Proprietary Rights in Site Content

All content on and available through CyberGMAT, including all text, information, graphics, pictures, designs, layouts, software and applications, and video, audio and other media files, including their selection and arrangement (the "CyberGMAT Content" or "site content"), is the proprietary property of CyberGMAT, its Users, or its licensors with all rights reserved. CyberGMAT Content may not be copied, distributed, reproduced, framed, modified, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without CyberGMAT's prior written authorization. The foregoing limitation does not include your own lawfully posted User Content (as defined below).

4. Limited License

Provided that you are eligible to use CyberGMAT and that you maintain all copyright and other proprietary notices, you are granted a limited license, subject to these Terms of Service, to access and use CyberGMAT and CyberGMAT Content, and to download or print any CyberGMAT Content that you have properly accessed, strictly for your individual non-commercial use. Any other use of CyberGMAT Content is prohibited. You may not publish or upload CyberGMAT Content on any Internet, Intranet, or Extranet site or include the content in any database, collection, or compilation. The foregoing limitation does not include your own lawfully posted User Content. The limited license does not include use of any data mining, robots or similar data extraction methods. The limited license may be revoked at any time for any reason and without notice.

Any use of CyberGMAT or CyberGMAT Content other than as specified in these Terms of Service without the prior written authorization of CyberGMAT is prohibited, and will automatically revoke the limited license granted by these Terms of Service. In addition, unauthorized use may violate applicable laws including trademark and copyright laws, as well as applicable communications statutes and regulations. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as granting license to intellectual property rights, whether by estoppel, implication, or any other method.

 

5. User Conduct

You represent, warrant, and agree that no materials of any type submitted through your CyberGMAT User account or posted, transmitted, or shared by you in any way on the CyberGMAT website or service shall contain libelous, defamatory or otherwise unlawful material; or infringe upon or violate the rights of any third party, including trademark, copyright, privacy, or other proprietary or personal rights.
You understand that with the exception of advertising programs offered by CyberGMAT on CyberGMAT, CyberGMAT is for your personal, non-commercial use only.

You agree not to use CyberGMAT to:

  • Use CyberGMAT in any unlawful, malicious, or other manner that may disable, damage, overload, or disturb the functioning of the CyberGMAT website or service
  • Electronically or otherwise collect or harvest contact information or emails of other CyberGMAT Users for the purpose of sending unsolicited emails or other communications; or use automated scripts to harvest or collect information from CyberGMAT or otherwise interact with the website or the service
  • Post, upload, share, store, transmit, or by any means make available on CyberGMAT content that CyberGMAT deems to be unlawful, infringing, harmful, libelous, threatening, abusive, harassing, hateful, inciting, violating privacy or publicity rights, obscene, vulgar, fraudulent, or ethnically, racially, or otherwise objectionable
  • Harass or intimidate another User or person in any manner
  • Post, upload, share, store, transmit, or by any means make publicly available on CyberGMAT private information of any third party, including home, postal, or email addresses, and phone, social security, or credit card numbers
  • Post, upload, share, store, transmit, or by any means make available on CyberGMAT material containing computer viruses or any other computer code, viruses, malware, bots, files, applications, or programs designed to inhibit, interrupt, limit, or destroy the functionality of any computer or telecommunications hardware or software
  • Post, upload, share, store, transmit, or by any means make available on CyberGMAT unauthorized or unsolicited advertising, solicitations, marketing and promotional materials, spam, junk mail, money schemes, chain letters, or solicitations of any type or form
  • Falsely state or otherwise misrepresent yourself, your age, your affiliation with any person or entity, or any of your personal or professional details; or create a false identity on CyberGMAT
  • Register multiple User accounts, a User account on behalf of anyone other than yourself, or a User account on behalf of any group or entity, commercial or otherwise; or impersonate any person or entity
  • Use or attempt to use another's account, service, or system without permission from CyberGMAT
  • Solicit personal information from anyone under 18, or solicit passwords or personally identifying information for commercial or unlawful purposes
  • Post, upload, share, store, transmit, or by any means make available on CyberGMAT content that CyberGMAT deems to be objectionable, or which limits or inhibits another's use or enjoyment of CyberGMAT, or which may expose CyberGMAT, CyberGMAT, or CyberGMAT's Users to harm or liability of any type
  • Post, upload, share, store, transmit, or by any means make available on CyberGMAT content that constitutes, promotes, or provides instructions for a criminal offense, violates the rights of any party, or otherwise creates liability or violates any local, state, national, or international law

 

6. User Content on CyberGMAT

You are solely responsible for all text, software, media, information (including your personal data and description), and any other content that you publish or upload on or through CyberGMAT, or transmit to or share with other Users (collectively the "User Content"). You represent and warrant that you own or have all necessary rights, permissions, licenses, and consents to use this User Content. You may not post, transmit, or share user content on or through CyberGMAT that you did not create or that you do not have authorization to post, transmit, or share.

You represent and warrant that you authorize CyberGMAT to use all trademark, copyright, patent, trade secret, or other proprietary rights in and to any User Content to enable CyberGMAT to include and use the User Content in the manner determined by CyberGMAT and these Terms of Service. By posting User Content to any part of CyberGMAT, you automatically grant to CyberGMAT an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with CyberGMAT or the promotion thereof, to prepare derivative works of such User Content or incorporate such User Content into other works, and to grant and authorize sublicenses of the foregoing. When you post User Content to CyberGMAT, you also authorize and direct CyberGMAT to make such copies thereof as CyberGMAT deems necessary in order to facilitate the posting and storage of the User Content on CyberGMAT.

You may remove your User Content from CyberGMAT at any time. If you choose to remove your User Content, the license granted above will automatically expire within a commercially reasonable time. However, you acknowledge that CyberGMAT may keep archived copies of your User Content. CyberGMAT does not assert any ownership over your User Content; rather, subject to the rights granted to CyberGMAT in these Terms of Service, you retain full ownership of all of your User Content and any intellectual property or other proprietary rights associated with your User Content. You are solely responsible at your sole cost and expense for creating backup copies of and replacing any User Content that you post or store on CyberGMAT or provide to CyberGMAT.

You understand and agree that CyberGMAT has the right, but not the obligation, to review and remove or delete any CyberGMAT Content or User Content without notice and for any reason, including User Content deemed in the sole judgment of CyberGMAT to violate these Terms of Service, or that might be illegal or offensive, or that might harm or violate the rights or threaten the safety of CyberGMAT Users or others.

9. Third-Party Websites and Content

CyberGMAT may contain or send you links to other websites ("Third-Party Sites") as well as text, information, graphics, designs, media files (such as photos, sounds, and videos), software, applications, and other content or items from or belonging to third parties (collectively, "Third-Party Content").

Linking to, including, or permitting the use or installation of any Third-Party Site or Third-Party Content does not constitute or imply CyberGMAT's approval or endorsement of that Site or Content. CyberGMAT does not investigate, check, or monitor Third-Party Content for accuracy, reliability, appropriateness, or completeness, and CyberGMAT is not responsible for any Third-Party Sites accessed through CyberGMAT or for any Third-Party Content posted on or available or installed through CyberGMAT, including privacy practices or other policies of or inherent in Third-Party Content. You understand and agree that if you leave CyberGMAT and access a Third-Party Site or use or install any Third-Party Content, application, or software, you do so at your own risk and are no longer governed by these Terms of Service and by CyberGMAT's other policies. You are solely responsible for reviewing the terms and practices, including privacy and data gathering policies and practices, of any website that you reach through or from CyberGMAT, or of any software or application that you use or install through or from CyberGMAT.

10. User Disputes

You are solely responsible for your interactions with other CyberGMAT Users. CyberGMAT has the right, but not the obligation, to monitor disputes between Users.

11. Privacy

CyberGMAT understands and respects its Users' concerns regarding the use of their personal information. Click here to read our Privacy Policy. By using CyberGMAT, you signify your consent to have your personal data transferred to and processed in Israel.

12. Disclaimers

CyberGMAT is not liable or responsible in any manner for any Third-Party Content or User Content posted on or through CyberGMAT, whether posted by or due to CyberGMAT Users, CyberGMAT, third parties, or any of the hardware or software used for or by or associated with CyberGMAT or CyberGMAT. Although these Terms of Use contain rules for User conduct, CyberGMAT does not control and is not responsible for any CyberGMAT User's online or offline conduct, for what Users post, share, or transmit on or through CyberGMAT, or for any unlawful, offensive, obscene, or otherwise objectionable or inappropriate content you may encounter on CyberGMAT or in connection with any Third-Party Content or User Content.

The CyberGMAT website and service may occasionally be temporarily unavailable due to maintenance or other reasons. CyberGMAT is not responsible for any interruption, delay in transmission or operation of, error, omission, deletion, or defect in, theft, destruction, or alteration of, or unauthorized access to, User communications.

CyberGMAT is not responsible for technical malfunctions, failures, or other problems in communications lines, telephone networks or services, providers or servers, computer systems, computer or mobile phone hardware or software, or for email failure or technical problems or traffic congestion on the Internet or any website, including any damage to the User's or any other person's computer, mobile phone, or other hardware or software as a result of or in relation to using or downloading materials from or through CyberGMAT.

CyberGMAT will not be responsible under any circumstance for any loss, injury, or damage, including any loss, injury, or damage to User Content or personal injury or death, resulting from anyone's use of CyberGMAT, any Third-Party Content or User Content posted on or transmitted through CyberGMAT, or any online or offline interactions between CyberGMAT Users.

CyberGMAT and CyberGMAT Content are provided "as-is". CyberGMAT disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. CyberGMAT does not promise and cannot guarantee any specific results from the use of the CyberGMAT website and service. CyberGMAT does not represent or warrant that CyberGMAT software, contents, or services are accurate, complete, reliable, current or error-free or that CyberGMAT or its servers are free of viruses or other harmful components.

You should use recognized, industry-standard antivirus software. You understand and agree that you assume the sole responsibility and risk for your use of any content, data, software or other materials from or through CyberGMAT, and for any damage to your computer system, data loss, or harm of any kind that may result from such use.

You understand that GMAC, the GMAC website, and official GMAC materials are the only official authority regarding the GMAT exam. You understand that the study materials available on and through CyberGMAT may contain errors, and that all questions pertaining to GMAT are to be settled by GMAC and official GMAC and GMAC-authorized publications. You agree to relinquish any and all claims against the quality, accuracy, or any other aspect of CyberGMAT's study materials.

You understand that the score of your GMAT exam is your sole responsibility, and agree to relinquish any and all claims against CyberGMAT regarding your GMAT score or your admission or lack of admission into schools. You agree that any discussion or arbitration of any and all future claims or disputes against CyberGMAT, should any arise, shall be held only in Haifa, Israel.

CyberGMAT reserves the right to change any and all content, software, and other materials contained or used on or through CyberGMAT at any time and without notice. Reference to any product, service, process or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by, or any affiliation with, CyberGMAT.

13. Limitation on Liability

In no event will CyberGMAT or its owners, directors, employees, or agents be liable to you or to any third person or third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data resulting from your use of CyberGMAT or of any of the CyberGMAT content or other materials available on or accessed through CyberGMAT, even if CyberGMAT is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained in these Terms Of Service, CyberGMAT's liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount, if any, paid by you to CyberGMAT for the CyberGMAT service during the term of your CyberGMAT membership; but in no case will CyberGMAT's liability to you exceed $1,000. You understand and agree that if no fees are paid to CyberGMAT for the CyberGMAT service, you will be limited to injunctive relief only, unless otherwise permitted by law, and will not be entitled to damages of any kind from CyberGMAT, regardless of the cause of action.

14. Termination

CyberGMAT may terminate your CyberGMAT membership, delete your CyberGMAT profile and any content that you have uploaded to or posted on CyberGMAT, and/or prohibit you from using or accessing CyberGMAT at any time, for any reason, including if CyberGMAT believes that you are under 18 years of age, in its sole discretion, with or without notice.

15. Governing Law; Venue and Jurisdiction

By accessing or using CyberGMAT, you agree that the laws of Israel, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that may arise between you and CyberGMAT. You agree not to commence or prosecute any action in connection with any disputes or claims not subject to arbitration (as set forth below), other than in Haifa, Israel, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Haifa, Israel.

16. Indemnity

You agree to indemnify and hold CyberGMAT, and its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of CyberGMAT, with your conduct in connection with CyberGMAT or other CyberGMAT Users, with any User Content or Third-Party Content you post or share on or through CyberGMAT, or with any violation of these Terms of Service or of any law or the rights of any third party.

17. Submissions

You understand and agree that any questions, comments, ideas, suggestions, feedback, forum entries or other information about CyberGMAT (collectively, "Submissions") provided by you to CyberGMAT are non-confidential and shall become the sole property of CyberGMAT. CyberGMAT shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and propagation of these Submissions for any commercial or other purpose, without acknowledgment or compensation to you.

18. Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Service with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Service.

19. Miscellaneous

These Terms of Service constitute the entire agreement between you and CyberGMAT as concerns the use of CyberGMAT, and supersede any prior agreements between you and CyberGMAT relating to your use of CyberGMAT. Failure by CyberGMAT to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Service is held invalid, the remainder of these Terms of Service shall remain in full force and effect. If any provision of these Terms of Service shall for any reason be deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any and all remaining provisions.

20. Questions

If you have questions regarding these Terms of Service, please contact CyberGMAT by email support@cybergmat.com.

NOTE: Do not send credit card numbers or other sensitive information via email.

 

 
 
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