Terms of Service Agreement
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1. WELCOME
Thank you for joining the Beat The GMAT! Please read this Terms of Use Agreement (the “Agreement”) carefully before using www.beatthegmat.com (the “Website”) and then click on the link below indicating that you agree to these terms. By joining the Beat The GMAT Forum you are entering into an agreement with BTG Test Prep, LLC (d/b/a Beat The GMAT) (“Beat The GMAT”). At all times, you are bound by the then-current version of this Agreement and all applicable laws. We highly recommend that you review this Agreement from time to time to ensure that you are familiar with the most recent version.
2. ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy, constitute the entire agreement between you and Beat The GMAT. If any portion of this Agreement is unlawful, invalid, or unenforceable, then such portion of this Agreement shall be deemed severed here from and shall not affect the validity or enforceability of the remainder of this Agreement.
Beat The GMAT may, from time to time, offer you the opportunity to enter into contests to win scholarships (the “Contests”). By participating in any such Contest, you agree to any and all special terms set forth in connection with any such Contest, as well as the terms in this Agreement.
3. USE OF FORUMS
The Website offers you the ability to use forums to communicate with other users. You must not transmit any message (“Message”) in connection with any forum that: (a) restricts or inhibits any other user from using and enjoying the Website; (b) is unlawful, threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent; (c) constitutes, advocates, or encourages conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national, or international law; (d) 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; (e) contains a virus or other harmful component; (f) contains any information, software, or other material of a commercial nature; (g) contains advertising, promotions, or commercial solicitations of any kind; or (h) constitutes or contains false or misleading indications of origin or statements of fact.
Beat The GMAT shall have the right, but not the obligation, in its sole discretion to review, edit, or delete any Message transmitted in any forum that: (a) violates any term of this Agreement; or (b) is otherwise illegal, offensive, or inappropriate. Upon such violation, Beat The GMAT shall have the sole discretion to terminate your access to the Website. Beat The GMAT will fully cooperate with any law enforcement authorities or court orders requesting or directing Beat The GMAT to disclose Personal Information of anyone who submits a Message that violates the foregoing terms in accordance with the Privacy Policy of the Website.
Although Beat The GMAT may from time to time monitor or review Messages submitted in forums on the Website, Beat The GMAT is under no obligation to do so and assumes no responsibility or liability arising from the content of any Message nor for any violation of intellectual property, error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. If you believe that any posting to the Website is illegal, offensive, or inappropriate, please send an email to legal@beatthegmat.com.
Messages submitted in forums on the Website by you, including any data, questions, comments, suggestions, information, images, or the like, will be treated as non-confidential and nonproprietary. By submitting a Message to the Website, you acknowledge that any information disclosed by you therein (a) may be used by third parties, including Beat The GMAT; (b) is not confidential and may be read or intercepted by others; and (c) creates no confidential, fiduciary, contractually implied or other relationship between you and Beat The GMAT other than pursuant to this Agreement.
4. COPYRIGHTS AND TRADEMARKS
A. Ownership
Beat The GMAT owns or has rights to use all of the data, information, text, images, and other content contained on the Website, and the copyrights and other intellectual property rights therein, unless otherwise noted.
The following trademarks or service marks appear on the Website with the permission of their respective owners:
ACCEPTED.COM®;
CLEAR ADMIT™;
GROCKIT™;
KAPLAN®;
KNEWTON™;
MANHATTAN GMAT™;
MBAMISSION™;
POWERSCORE®;
THE PRINCETON REVIEW®;
STACY BLACKMAN CONSULTING™;
VERITAS PREP™;
Use of any of these marks as trademarks without permission constitutes trademark infringement.
B. USER CONTENT
“User Content” is any content, materials or information, not including Personal Information (as defined in Beat The GMAT’s Privacy Policy), that you upload or post to, or transmit, display, perform or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. YOU HEREBY GRANT BEAT THE GMAT A PERPETUAL, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, IRREVOCABLE, ASSIGNABLE LICENSE TO COPY, DISTRIBUTE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, EDIT, TRANSLATE, REFORMAT AND OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE, SERVICES OR ANY OTHER SIMILAR OR RELATED BUSINESS, IN ANY MEDIUM NOW EXISTING OR LATER DEVISED, INCLUDING WITHOUT LIMITATION IN ADVERTISING AND PUBLICITY. YOU FURTHER AGREE THAT BEAT THE GMAT MAY PUBLISH OR OTHERWISE DISCLOSE YOUR PERSONAL INFORMATION IN CONNECTION WITH THEIR EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY BEAT THE GMAT OF THE RIGHTS GRANTED UNDER THIS SECTION, INCLUDING WITHOUT LIMITATION ANY CLAIMS RELATING TO YOUR RIGHTS OF PERSONAL PRIVACY AND PUBLICITY. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that You own all rights, title and interest in and to User Content or are otherwise authorized to grant the rights provided Beat The GMAT under this section.
C. Notice and Procedure for Making Claims of Copyright Infringement
i. Notification of Alleged Copyright Infringement
It is Beat The GMAT’s policy to respect the intellectual property rights of others. In connection with this policy, Beat The GMAT will not knowingly post content of any kind that infringes the copyrights of others. The Website is an interactive website, and is dependent upon the participation of its members. While Beat The GMAT will attempt to remove or edit as quickly as possible any material that infringes the intellectual property rights of others, it is impossible to view every Message. As such, and pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)) (the “DMCA”), Beat The GMAT has designated an agent to receive notifications of alleged copyright infringement on the Website. If you believe that your work has been used in a way that constitutes copyright infringement, please send a written communication to Beat The GMAT’s Designated Agent (detailed below) that contains the following:
(a) a description of the work;
(b) a description of the location of the work on the Website, including the URL;
(c) your name, mailing address, email address, and telephone number;
(d) a statement by you that you have a good faith belief that the disputed use is unauthorized under current law;
(e) a statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner; and
(f) your physical or electronic signature.
When Beat The GMAT receives a Notification of Alleged Copyright Infringement, Beat The GMAT will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer. Beat The GMAT will advise the alleged infringer regarding the DMCA Counter Notification procedures discussed below.
ii. Counter Notification
If you believe the material you submitted was mistakenly removed from the Website, you may submit a Counter Notification to the Designated Agent listed below pursuant to 17 U.S.C. § 512(g)(2) and (3). The Counter Notification must include:
(a) identification of the material that was removed or disabled due to mistake or misidentification and the location where the material appeared before it was removed or disabled;
(b) a statement that you consent to the jurisdiction of the federal District Court in which your mailing address is located, or if your mailing address is located outside of the United States, you consent to the jurisdiction of the U.S. District Court for the Northern District of California;
(c) a statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent;
(d) your name, mailing address, email address, and telephone number;
(e) a statement that you have a good faith belief, under penalty of perjury, that the material in question was removed or disabled due to a mistake or misidentification; and
(f) your physical or electronic signature.
If you comply with the Counter Notification procedures identified above, Beat The GMAT will restore your removed or disabled material after 10 business days but no later than 14 business days from the date Beat The GMAT receives the Counter Notification, unless Beat The GMAT first receives notice from the entity that submitted the Notification of Alleged Copyright Infringement that such entity has filed an action seeking a court order to restrain your activity related to the removed or disabled material.
iii. Registered Agent
Please submit Notifications and Counter Notifications via facsimile, mail, or email to:
BTG Test Prep, LLC
204 E. 2nd Ave, Ste. 710
San Mateo, CA 94401
Facsimile: 650-585-4678
Email: legal@beatthegmat.com
iv. Termination of Membership Due to Repeat Infringements
In appropriate circumstances, Beat The GMAT will terminate the membership of repeat infringers pursuant to the DMCA. Although it is impossible for Beat The GMAT to identify all repeat infringers, it is Beat The GMAT’s policy to identify repeat infringers as effectively as possible. To this end, Beat The GMAT requires all potential members to provide valid email addresses. Beat The GMAT tests the accuracy of a potential member’s email address by sending a confirmation email to the potential member immediately after receiving a request for membership. The potential member must respond to the email to confirm accuracy of the potential member’s email address. Beat The GMAT also records the IP address that corresponds to all Messages. If Beat The GMAT determines that an IP address belongs to a repeat infringer, Beat The GMAT will, in appropriate circumstances, terminate the membership of the repeat infringer and block the corresponding IP address from accessing the Website.
5. LINKS FROM THE WEBSITE
Links provided from the Website to other websites or Internet locations are provided for the convenience of Beat The GMAT’s members. Beat The GMAT does not endorse, sponsor, or approve, of any content of such websites or locations. Beat The GMAT has no control over any of the websites or Internet locations that you may access through the Website, and is not responsible for the content or accuracy of the content of any such website or location. If you access any other website or Internet location through the Website, you do so at your own risk. If you believe that any link on the Website leads to an illegal, offensive, or inappropriate website, please send an email to legal@beatthegmat.com.
6. PROHIBITED USES
In addition to the requirements set forth in other sections of this Agreement, you agree not to access and/or use the Website for any purpose not expressly authorized by the Agreement and/or to transmit, post, or distribute to the Website content that:
(a) constitutes an advertisement or solicitation of business of any kind, including but not limited to spam, chain letters, and pyramid schemes;
(b) contains or constitutes software, computer programs, or routines of any kind, including but not limited to viruses, bots, worms, and spiders;
(c) involuntarily collects information about others, including but not limited to members’ e-mail addresses;
(d) imposes an unreasonable load on the Website’s infrastructure; and/or
(e) reverse engineers or decompiles the software comprising the Website.
7. DISCLAIMER OF WARRANTIES
ALL CONTENT OF THIS WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BEAT THE GMAT DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND QUIET ENJOYMENT. ALTHOUGH BEAT THE GMAT WISHES THE CONTENT OF THIS WEBSITE TO BE ACCURATE, COMPLETE, AND CURRENT, BEAT THE GMAT DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEBSITE OR ANY DATA ON THIS WEBSITE IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, BEAT THE GMAT DISCLAIMS ANY OBLIGATION TO MAINTAIN THIS WEBSITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL BEAT THE GMAT BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THIS WEBSITE OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF THIS OR OTHER WEBSITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS, DATA, OR INFORMATION, EVEN IF BEAT THE GMAT HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
9. TERMINATION OF SERVICE
Beat The GMAT reserves the right to change or discontinue at any time, without notice, any forums, Contests, content, or services described on the Website, or the availability thereof. Beat The GMAT also reserves the right, in its sole discretion, to terminate this Agreement and your access to all or part of the Website, with or without notice to you.
Your obligations under these Terms and Conditions shall continue for as long as you access or use this Website or use or maintain any of the content of the Website or copies thereof. You may terminate your obligations at any time by discontinuing your use of the Website and by destroying all content obtained from it, and all copies thereof.
10. JURISDICTION AND CHOICE OF LAW
This Website is hosted on servers located in the State of California, United States of America. All disputes arising out of or relating to this Agreement or Beat The GMAT ‘s operation of this Website shall be resolved in the state and federal courts seated in Palo Alto, California. All such disputes shall be governed by the laws of the State of California and applicable federal laws, without giving effect to conflicts of laws principles. You agree that the state and federal courts seated in Palo Alto, California have personal jurisdiction over you in connection with any dispute arising from your use of the Website.
Beat The GMAT controls and operates this Website from the State of California, United States of America and makes no representation or warranty that the content of this Website is appropriate, lawful, or available for use in other geographic locations. If you use the Website from other locations, you are responsible for compliance with all applicable local laws.
11. INDEMNIFICATION
You agree to indemnify and hold harmless Beat The GMAT and its parents, subsidiaries, affiliates, directors, officers, employees, agents, licensors, partners, co-branders, members, representatives, successors, and/or assigns, from and against all liabilities, claims, expenses, or demands, including reasonable attorneys’ fees and amounts paid to settle claims, made by any third-party due to or arising from the content you submit, post, or transmit to or through the Website, your use of the Website, your violation of this Agreement, or your violation of any rights of another.
12. NO WAIVER
The failure of Beat The GMAT to enforce any provision of this Agreement or to respond to a breach of this Agreement by you or other parties shall not in any way constitute a waiver of Beat The GMAT’s rights to subsequently enforce any provision of this Agreement against you or any other party.
13. NOTICES
Beat The GMAT may give notices to users of the Website, at Beat The GMAT’s option, by posting a message on the Website, by e-mail, or by regular mail.
14. PRIVACY POLICY
Information about you is subject to our Privacy Policy.
15. VIOLATIONS
Please report any violations of this Agreement to legal@beatthegmat.com
16. CHANGES TO AGREEMENT AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. ACCORDINGLY, BEAT THE GMAT RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AND ITS PRIVACY POLICY AT ANY TIME UPON NOTICE TO YOU, TO BE GIVEN BY THE POSTING OF A NEW VERSION OR A CHANGE NOTICE ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.
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