1. User's Acknowledgment and Acceptance of Terms
2. Description of Service
We make an online and video-based GMAT preparation course available on this Site. Permission is granted for a 12-month period to access the www.gmatprepnow.com for personal, non-commercial transitory viewing only. This is a non-exclusive, non-transferable, non-sublicenseable revocable, limited license to access the Service for the user’s personal and non-commercial use and is not a transfer of title. You are responsible for providing, at your own expense, all equipment necessary to use the service, including a computer, modem, and Internet access (including payment of all fees associated with such access).
3. User Eligibility
The Service is intended solely for users who are 13 years of age or older. You represent and warrant that you (a) are not under the age of 13; (b) have not previously been suspended or removed from www.GMATPrepNow.com (c) are not a direct competitor of www.GMATPrepNow.com (d) that you have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party. Use of the GMAT Prep Now Service is void where prohibited.
4. Registration Data and Privacy
In order to access some of the videos on this Site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
5. User Conduct
Your use of the Site is subject to all applicable laws and regulations. Without limitation, you agree to not do following while using the Site:
a. Use any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site.
b. Gain or attempt to gain unauthorized access to non-public areas of the Site and/or attempt to or override any security component included in or underlying GMAT Prep Now.
c. Attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mailbombing" or "crashing", sending unsolicited e-mail, including promotions and/or advertising of products or services.
d. Attempt to decipher, decompile, disassemble or reverse engineer any of the content comprising or in any way making up all or any part of the Site; modify any meta data, copy or duplicate in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site; access the Service via automated or manual means or processes if you are a direct or indirect competitor of www.GMATPrepNow.com and are using the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes in order to build a competitive product or service and/or build a product using similar ideas, features, functions or graphics of the Service.
e. Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right.
f. Distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way.
g. Use or attempt to use another's account without authorization from Isla Verde Education Inc
h. Share your ID and password to any third party at any time for any reason.
You agree that we may at any time, and at our sole discretion, terminate your account or other affiliation with our Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
When you visit this website and when you communicate with us electronically (e.g., send us an email or register an account), you consent to receive electronic communications from us. We will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Third Party Sites and Information
This Site may link to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either expressed or implied.
8. Intellectual Property Information
9. Submitted Materials
10. Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
WE WILL EXERCISE OUR BEST EFFORT TO ENSURE ACCURACY AND CURRENTNESS OF INFORMATION ON THIS SITE ALTHOUGH THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. ANY CHANGE IN THE SERVICE PRICE WILL APPLY SOLELY TO NEW USERS WHO HAVE YET TO PURCHASE THE SERVICE AND WILL NOT APPLY TO EXISTING USERS WHO HAVE PAID FOR THE SERVICE. If there is a decrease in pricing, there will be no refunds for the difference in price on sales prior to the day of change. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
13. Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
14. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
15. Governing Law
This Site (excluding any linked sites) is controlled by us from our offices within British Columbia, Canada. It can be accessed from all other countries around the world. As each of these places has laws that may differ from those of British Columbia, by accessing this Site both of us agree that the statutes and laws of the Province of British Columbia, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the Province of British Columbia with respect to such matters.
16. Entire Agreement
In the event that Isla Verde Education Inc or, substantially all of its assets, is acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation the information we collect on our Site may be one of the transferred assets.
18. Contact Us
#101-5170 Dunster Rd, suite 123, Nanaimo, BC, Canada, V9T 2Z2
Effective Date: February 1, 2011