Terms & Conditions of Use
This Agreement (the “User Agreement”) states the terms and conditions under which you may use this web site and our hosted test preparation services, which together we call the “GMAT Pill Service.” Any use by you of the GMAT Pill Service constitutes your acceptance of all such terms and conditions, including any terms and conditions incorporated herein. BY USING THE GMAT Pill Service, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND GMAT Pill. If you do not accept the terms and conditions contained in this User Agreement, do not use the GMAT Pill Service. Upon notice published through the GMAT Pill Service, we may modify this User Agreement at any time.
1. Use of the GMAT Pill Service. GMAT Pill grants you a terminable non-exclusive, non-transferable license to use the GMAT Pill Service solely for your personal, noncommercial, noncompetitive use in accordance with the following terms and conditions. Certain materials provided to you through the GMAT Pill Service are subject to terms and conditions listed as “Legal Notices” on our web site. Any such terms and conditions shall be deemed to be a part of this User Agreement and are hereby incorporated into this User Agreement by reference.
3. Content. The computer software, artwork and other components included in the GMAT Pill Service are the copyrighted property of GMAT Pill and its licensors. The GMAT Pill Service is licensed (not sold) to you, and GMAT Pill owns all copyright, trade secret, patent and other proprietary rights in the GMAT Pill Service. You may not: (a) copy, distribute, rent, loan, lease or sublicense all or any portion of the GMAT Pill Service; (b) modify, translate, distribute or prepare derivative works of the GMAT Pill Service or the accompanying documentation; (c) reverse engineer, decompile or disassemble the GMAT Pill Service or the accompanying documentation; or (d) remove any proprietary notices, labels, or marks on the GMAT Pill Service and accompanying documentation. You may not transfer the GMAT Pill Service. Your license is automatically terminated if you transfer the GMAT Pill Service. THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE GMAT Pill Service AND ANY ACCOMPANYING DOCUMENTATION REMAIN WITH GMAT Pill OR ITS LICENSORS, AS THE CASE MAY BE.
You further acknowledge and agree that GMAT Pill has no obligation to preview, screen or monitor any Content that may be added GMAT Pill Service by other users, whether publicly posted or privately transmitted through the GMAT Pill Service. GMAT Pill does not guarantee the accuracy, integrity, quality or appropriateness of any such user posted Content. Under no circumstances will GMAT Pill be liable in any way for any user posted Content, including, but not limited to, for any errors or omissions in any user posted Content, or for any loss or damage of any kind incurred as a result of the use of any user posted Content accessed, posted or otherwise transmitted via the GMAT Pill Service. By using the GMAT Pill Service, you agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness or appropriateness of any user posted Content that you access, post, or otherwise transmit through the GMAT Pill Service, including user posted Content that may be offensive, indecent or objectionable. GMAT Pill has the right to suspend, restrict or terminate your use of the GMAT Pill Service and to refuse any future use of the GMAT Pill Service (or any portion of the GMAT Pill Service) if GMAT Pill has reason to believe that you are responsible for user posted Content that GMAT Pill deems inappropriate.
4. Registration Information. You agree, as a condition of your use of the GMAT Pill Service, to provide GMAT Pill with accurate and complete information when registering for the GMAT Pill Service. GMAT Pill has the right to suspend, restrict or terminate your use of the GMAT Pill Service and to refuse any future use of the GMAT Pill Service (or any portion of the GMAT Pill Service) if GMAT Pill has reason to believe that you have failed to comply with these requirements.
(a) GMAT: Your baseline score is defined as the greater of either an earlier official GMAT score or the average of your Math and Verbal scores on your SATs. For example, if your SAT verbal was 700 and your SAT math was 500, then your baseline score would be defined as 600. Alternatively, any standardized test with percentile rankings can be used to find the corresponding percentile rankings and baseline GMAT score based on GMAC data. For example, a 60th percentile score on an exam other than the SAT would correspond with a baseline GMAT score of 590. Note: There will be a 30 point adjustment to the downside to account for the fact that the GMAT applicant pool is much more competitive. GMAT Pill guarantees that your future GMAT score will be at least fifty (50) points higher than your baseline score, with the maximum baseline score a 680, which corresponds with a 50 point increase to 730. Note, if you are using your SAT is a parallel, the maximum baseline would be a 650, which corresponds with a 50 point increase to 700 and then adjusted 30 points down to 670. Also note that scores of 690 and above do not qualify for the score guarantee. If all of the aforementioned conditions are met and your score does not increase accordingly, then you shall be entitled to receive a full refund of your GMAT Pill membership fee subject to the following terms:
You must have taken an official GMAT exam to show your “after” score. Unofficial score reports are not accepted. Only official score reports are accepted. As detailed on your student homepage, you must watch all required GMAT Pill videos and our systems must show that you logged in to our site at least 22 days in the consecutive 30 day period immediately preceding the official GMAT exam date. During this period you must make an effort to let Zeke personally help you 3 times either via email or through commenting in the membership site. Our database records of each logged in session must indicate at least 1 hour of video watching per day. Our database records are the sole judge of login sessions. Your money-back request must be accompanied by an unopened GMAT official score report and must be received by GMAT Pill within sixty (60) days of your test administration. If your baseline is from an official GMAT and that score does not also appear on the recent score report, you must provide an official score report for that administration as well. If you have multiple test administrations after the start of the GMAT Pill course and before the end of your membership period, the highest official score will be used for money-back guarantee purposes. The refund will be made in the original form of payment in US dollars.
6. Refund Policy. The GMAT Pill membership fee is refundable only in the context of the score guarantee mentioned above. GMATPill reserve the right to modify this policy at any time without notice.
7. Your Conduct. As a condition of your use of the GMAT Pill Service, you warrant to GMAT Pill that you will not use the GMAT Pill Service for any purpose that is unlawful or prohibited by this User Agreement. You may not use the GMAT Pill Service in any manner that could damage, impair, disable or overburden the GMAT Pill Service or in any way interfere with GMAT Pill’s rights or any other user’s use and enjoyment of the GMAT Pill Service, or otherwise infringe on any person’s rights. You agree to comply with the terms and conditions applicable to any services, products, advertisements or Content accessed by you through the GMAT Pill Service. The GMAT Pill Service contains confidential trade secret information belonging to GMAT Pill, and you may use the GMAT Pill Service only pursuant to the license set forth herein. In addition, you may not disclose the GMAT Pill Service to any third party. BY ACCEPTING THE TERMS OF THIS USER AGREEMENT, YOU HEREBY AGREE THAT YOU ARE USING THE GMAT Pill Service SOLELY FOR YOUR INDIVIDUAL, TEST PREPARATION, PURPOSES AND HEREBY STATE THAT YOU ARE NOT CURRENTLY EMPLOYED BY OR OTHERWISE HAVE ANY RELATIONSHIP WITH ANY ENTITY THAT MAY BE COMPETITIVE TO GMAT Pill OR IS OTHERWISE ENGAGED IN THE BUSINESS OF PROVIDING TEST PREPARATION SERVICES. IN THE EVENT THAT YOUR CONDUCT BREACHES THE PROVISIONS OF THIS USER AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT GMAT Pill SHALL SEEK BOTH CIVIL AND CRIMINAL PENALTIES AGAINST YOU IN YOUR INDIVIDUAL CAPACITY. WILLFUL INFRINGEMENT OF COPYRIGHTED WORKS MAY RESULT IN FEDERAL IMPRISONMENT OF UP TO FIVE YEARS AND $250,000 IN FINES.
8. Account Security. When you are registered, you will receive an account identifier and a password. You are responsible for protecting the confidentiality of your password and account identifier, and are fully responsible for all activities that occur under your password or account identifier. You agree (a) to immediately notify GMAT Pill of any loss, compromise or unauthorized use of your password or account identifier or any other breach of security, and (b) to exit from your account when you conclude each session. You may notify GMAT Pill by sending an email to support@GMAT Pill.co m or by writing our Account Administrator at GMAT Pill, Inc., GMAT Pill, Inc., 19 Union Square West, New York, New York 10003. GMAT Pill will not be liable for any loss or damage of any kind should you fail to comply with these requirements.
9. Restriction and Modification of Service. You agree that GMAT Pill may limit your use of the GMAT Pill Service, including without limitation the frequency and duration for which you may access the GMAT Pill Service, and that GMAT Pill has no responsibility or liability for any unavailability or limitation on use of the GMAT Pill Service. In addition, GMAT Pill reserves the right at any time to modify, limit access to, change the characteristics of or discontinue the GMAT Pill Service (or any part thereof) with or without notice. You agree that GMAT Pill shall not be liable to you or to any third party for any modification, suspension or discontinuance of the GMAT Pill Service.
10. Proprietary Rights. You acknowledge and agree that the GMAT Pill Service and any necessary software used in connection with the GMAT Pill Service contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the GMAT Pill Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
11. Liability Disclaimer. YOU AGREE THAT:
(a)If YOU USE THE GMAT Pill Service, YOU DO SO AT YOUR OWN AND SOLE RISK. THE GMAT Pill Service IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GMAT Pill EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b)GMAT Pill DOES NOT WARRANT THAT (i) THE GMAT Pill Service WILL MEET YOUR REQUIREMENTS, (ii) THE GMAT Pill Service WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GMAT Pill Service WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GMAT Pill Service WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR GMAT Pill COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
(c)IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE GMAT Pill Service, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
(d)NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM GMAT Pill OR THROUGH OR FROM THE GMAT Pill Service SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
12. Limitation of Liability. YOU EXPRESSLY AGREE THAT GMAT Pill SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GMAT Pill HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR INABILITY TO USE THE GMAT Pill Service; (b) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE GMAT Pill Service; (c) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE GMAT Pill Service; OR (d) ANY OTHER MATTER RELATING TO THE GMAT Pill Service.
13. Indemnification. You agree to indemnify, defend and hold harmless GMAT Pill, its officers, directors, employees, agents, other service providers, vendors or customers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone in connection with your use of the GMAT Pill Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the GMAT Pill Service for competitive purposes.
14. Notice. You agree that GMAT Pill may communicate any notices to you, including notices of changes to the User Agreement, through e-mail, regular mail or by posting of those notices on the GMAT Pill web site or through the GMAT Pill Service.
15. Trademark Information. GMAT PillTM, the GMAT Pill logo and other GMAT Pill logos, product and service names may be trademarks, service marks or other intellectual property of GMAT Pill, Inc. (the “GMAT Pill Marks”). You agree not to display or use the GMAT Pill Marks in any manner without the prior permission of GMAT Pill.
(a)How to Enable (or Opt-in): By default, SMS capabilities are on. If you have turned them off, you may re-enable them: on your computer visit www.GMAT Pill.com and login. Click the My Account tab, click Edit and then check the box next to “Allow GMAT Pill to send you SMS when alerts occur. Disable to prevent SMS from GMAT Pill.” Click Update.
(b)How to Disable (or Opt-out): On your computer visit www.GMAT Pill.com and login. Click the My Account tab, click Edit and then uncheck the box next to “Allow GMAT Pill to send you SMS when alerts occur. Disable to prevent SMS from GMAT Pill.” Click Update. You will not receive any additional SMS messages until you re-enable SMS capabilities as detailed in How to Enable (or Opt-in),” above.
(c)Third Party Fees: You are responsible for fees associated with the operation of your mobile device and personal computer, such as messaging charges and airtime, and the costs of Internet access. You are responsible for ensuring that your wireless is compatible with SMS text messaging or mobile access. If you are unsure, we urge you to contact your wireless carrier regarding text capabilities of the service and the device. You may be subject to standard SMS text message charges from your wireless carrier. You should check with your carrier.
17. Entire Agreement. The User Agreement governs your use of the GMAT Pill Service and constitutes the entire agreement between you and GMAT Pill. It supersedes any prior agreements between you and GMAT Pill. Additional terms and conditions may apply when you use the services of service providers and others. These additional terms will not reduce, diminish, or eliminate any rights GMAT Pill possesses with respect to this User Agreement.
18. Governing Law and Venue. The User Agreement and the relationship between you and GMAT Pill shall be governed by the laws of the State of New York without regard to its conflicts of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the GMAT Pill Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of the State of New York are the exclusive forum for litigation of any claim or cause of action arising out of or relating to use of the GMAT Pill Service or the User Agreement.
19. Miscellaneous. Any failure by GMAT Pill to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any provision of this User Agreement or its application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of this User Agreement, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.