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1. User's Acknowledgment and Acceptance of Terms

GMAT Prep Now ("Us" or "We") provides the www.GMATPrepNow.com Site and services (collectively, the "Site" or the “Service”) to you, the user, subject to your compliance with terms, conditions, and notices contained or referenced herein (the "Terms of Use.") In addition, when using particular services or materials on this Site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of February 1, 2011. We expressly reserve the right to change these Terms of Use from time to time without notice. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

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 GMAT Prep Now website 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).

We reserve the sole right to either modify or discontinue the Site, including any of the Site’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

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 GMAT Prep Now; (c) are not a direct competitor of GMAT Prep Now; (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.

The information we obtain through your use of this Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

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 GMAT Prep Now 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 GMAT Prep Now.

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.

6. 1-Week Money Back Guarantee and Refund Policy

If for some reason you are not 100% satisfied, you may cancel your account within 7 days of the purchase date, and we will issue you a full refund.  No cancellation fee or processing fee will be charged.

Refund Procedure

To request a refund, please contact us at (email address) and we’ll gladly refund you the full amount. We ask that you briefly explain the reasons for doing so, as well as provide any suggestions regarding how GMAT Prep Now can improve its services. Refunds will be made to the credit card or PayPal account that was used to make the purchase.

Refund Restrictions

This 1-Week Money Back Guarantee may be used only once per person and only once per GMAT Prep account.

Refund requests made later than 7 days after the initial purchase date are not eligible for a refund.

Users who violate these Terms of Use do not qualify for the 1-week Money Back Guarantee

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

For purposes of these Terms of Use, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site.

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of GMAT Prep Now and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider.  You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

9. Submitted Materials

Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

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.

12. Indemnification

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

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

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

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

17. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

In the event that GMAT Prep Now 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

If you have any questions or comments about our Terms of Use policy, please contact us at info@GMATPrepNow.com or at the following address:

#740-916 West Broadway, Vancouver, BC, Canada, V5Z 1K7

Effective Date: February 1, 2011