Usage of Service
You may use the Website and the GMAT Genius Service solely for your personal, non-commercial, non-competitive purposes. By using the GMAT Genius Service, you certify that you are neither an employee of nor an agent for any entity that is engaged in the business of providing test preparation services. In the event that your usage breaches the terms of this Agreement, you hereby acknowledge and agree that GMAT Genius will have the right to seek injunctive and equitable relief against you personally.
Any content or materials that you obtain through the Website or the GMAT Genius Service (collectively “GMAT Genius Materials”) are proprietary materials that are protected by U.S. copyright and other intellectual property laws. You agree to keep the GMAT Genius Materials confidential and agree not to copy, reproduce, modify, publish, distribute, transfer, share, transmit, post, translate, sell, loan, rent, auction, give away, or create derivative works from the GMAT Genius Materials, in whole or part, in physical or electronic formats.
Right to Terminate Service
GMAT Genius reserves the right to terminate, modify, suspend, or discontinue any aspect of the Website or the GMAT Genius Service at any time without notice or liability. Furthermore, GMAT Genius may restrict, suspend, or terminate your access to the Website and/or the GMAT Genius Service if we believe that you are in breach this Agreement or applicable law, or for any other reason without notice or liability.
Our ability to provide the GMAT Genius Service to you is limited by the availability of qualified staff. Furthermore, we expect that you will treat our staff with courtesy and respect. You agree that GMAT Genius has the right to stop providing you with the GMAT Genius Service at any time, for any reason, with a prorated refund.
If you use another person’s credit card to pay for GMAT Genius Service fees, you acknowledge that you have obtained that person’s permission. You agree to promptly pay GMAT Genius a $50.00 service fee for any disputed charge filed with and then deemed invalid by your credit card company. Furthermore, you agree to promptly pay GMAT Genius a $50.00 service fee for any check written by you to GMAT Genius that is not honored by your bank for any reason.
GMAT Genius makes no guarantee, express or implied, that you will achieve any specific GMAT score or improvement in score as a result of your use of the Website or the GMAT Genius Service.
YOUR USE OF THE WEBSITE AND THE GMAT GENIUS SERVICE IS AT YOUR OWN AND SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH USE. THE GMAT GENIUS SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GMAT GENIUS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE GMAT GENIUS SERVICE, including, but without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
GMAT GENIUS DOES NOT WARRANT THAT (a) THE GMAT GENIUS SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE GMAT GENIUS SERVICE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, (c) INFORMATION OBTAINED FROM THE WEBSITE OR THE GMAT GENIUS SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GMAT GENIUS SERVICE WILL MEET YOUR EXPECTATIONS, OR (e) ANY ERRORS IN ANY DATA OR MATERIALS WILL BE CORRECTED.
NO ADVICE, INFORMATION, OR DATA, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GMAT GENIUS OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
Our pricing reflects the allocation of risk and the limitation of liability specified as follows. IN ANY AND ALL CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GMAT GENIUS’ LIABILITY IS LIMITED TO, IN THE AGGREGATE, THE AMOUNT THAT YOU PAID TO GMAT GENIUS FOR SERVICES. YOU EXPRESSLY AGREE THAT GMAT GENIUS SHALL NOT BE LIABLE FOR YOUR LOST PROFITS, OR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF GMAT GENIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless GMAT Genius, its officers, directors, employees, agents, other service providers, vendors and customers from and against all claims, losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of this Agreement by you or any harm you may cause to anyone in connection with your use of the GMAT Genius Service, including, for the avoidance of doubt, your use, or the use by any of your affiliates, of the GMAT Genius Service for competitive purposes.
You agree that this Agreement shall be governed by California law, without regard to its conflict of laws provisions, and that any litigation arising out of this Agreement or your use of the Website or the GMAT Genius Service shall be commenced in Orange County, California. To adjudicate any such litigation, YOU CONSENT TO THE JURISDICTION OF THE CALIFORNIA COURTS EVEN IF YOUR RESIDENCE IS IN ANOTHER STATE OR COUNTRY AND YOU WOULD NOT OTHERWISE BE SUBJECT TO SUCH JURISDICTION.
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 Genius Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Furthermore, you agree that in any legal action arising out of this Agreement, the prevailing party shall be entitled to recover the reasonable attorney’s fees incurred by such party in the proceeding.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions of this Agreement shall remain in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.