Concourse Terms of Service
and SOPPA Compliance

CONCOURSE GLOBAL ENROLLMENT, INC. (HEREIN, “CONCOURSE”)

NOTICE TO USER: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING ALL OR ANY PORTION OF THE CONCOURSE PLATFORM, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE.

YOU AGREE THAT THESE TERMS OF SERVICE ARE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. ACCORDINGLY, THESE TERMS OF SERVICE ARE ENFORCEABLE AGAINST YOU AND ANY PERSON OR ENTITY THAT OBTAINS ACCESS THROUGH A LICENSE TO USE THE CONCOURSE PLATFORM (AND ANY WEBSITES ASSOCIATED THEREWITH) AND ON WHOSE BEHALF THE PLATFORM AND ITS WEBSITES ARE USED.  (FOR THESE TERMS OF SERVICE, ALL SUCH USERS ARE COLLECTIVELY REFERRED TO HEREIN AS “YOU” AND “YOUR”, AS THE CASE MAY BE). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, DO NOT USE ANY OF CONCOURSE’S PRODUCTS, SERVICES, OR WEBSITES, SINCE SUCH USE WILL CONSTITUTE YOUR EXPRESS INDICATION THAT YOU AGREE TO THESE TERMS OF SERVICE AS SET FORTH HEREIN. 

OVERVIEW

The Concourse Platform and any associated websites of the Concourse Platform (all collectively, the “Platform”) are operated by Concourse. Throughout these Terms of Service (the “Terms of Service” or “Terms”), the words “we”, “us” and “our” refer to Concourse.  For the avoidance of doubt, any references to “website” refer to a website of the Platform unless otherwise indicated expressly or through the context of such reference, and any reference to use of the Platform includes use of any Concourse website that forms a part of or is incorporated in the Platform.

Concourse owns all intellectual property in/on the Platform and its related Concourse software (hereafter “software”).

Concourse agrees to allow you and/or your authorized agents to login and access the Platform and its websites and use our software only in accordance with the terms and conditions of these Terms of Service. Any unauthorized access or use of Concourse products is cause for immediate termination of your access to its products by any and all means available to us.

Concourse offers the Platform, including all information, tools, websites and services available on the Platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated in these Terms of Service.

By accessing the Platform and/or by signing up for an account, you engage in our service (the “Service”) and agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the Platform, including without limitation, users who are students, counselors, or representatives of any high school or preparatory school (hereafter “School” if and where applicable).

Please read these Terms of Service carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Platform.

You can review the most current version of the Terms of Service at any time on the Platform. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to the Platform. Whenever there are modifications to the Terms of Service, you will be notified upon your next use of the Platform, and must either accept them or discontinue your use of the Platform.

SECTION 1 – GENERAL CONDITIONS

To be eligible to enter into the agreement that consists of these Terms of Service (and to use the Platform), you must be at least 16 years of age if you are a resident of the European Union and at least 15 years of age if you live outside of the European Union.

As long as you obtained access to the Platform from Concourse, including through any Concourse-authorized website, and as long as you comply with these Terms of Service and any other agreement you have with Concourse, we grant you a non-exclusive, non-transferable, revocable, and non-sublicenseable license to use the Platform in accordance with these Terms of Service.

We reserve the right to refuse service to anyone for any reason at any time. You understand that while we encrypt all information transmitted between your Internet access device and the Platform in order to protect it from unauthorized access, anything you submit to us (a) necessarily involves transmissions over various networks; and (b) may involve changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform, any aspect of the Services or use of the Platform; nor will you provide any access of any nature to the Platform or any contact on the Platform through which the Service is provided to any third party without express written permission by us.

You may not use the Platform for any illegal or unauthorized purpose nor may you, in the use of the Platform, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your access to the Platform.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – REGISTRATION

The Platform requires you to be a registered user. As part of the registration process and thereafter, you agree: (i) to use your real name and identity; (ii) to not share accounts; (iii) to at all times provide truthful, accurate, up-to-date, and complete information; and (iv) to at all times maintain the accuracy and current nature of any information submitted to us whether it be through the registration process or otherwise. We reserve the right to terminate your access to the Services if information you have submitted is inaccurate or becomes inaccurate at a later date.

You retain the right to request access to your personal information that Concourse collects, and to correct factually incorrect information as required by applicable law.

During the registration process you may be required to select a username and password. We retain sole discretion in the decision to grant or refuse to grant you a certain username for any reason, including the propriety of a username, its infringement on intellectual property rights or otherwise. You will be solely responsible for the confidentiality of your username and password.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. For example, university admission and scholarship offers should be confirmed directly with the relevant universities. Any reliance on the material on the Platform is at your own risk.

The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Platform at any time, but we have no obligation to update any information on the Platform. 

SECTION 4 – MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  Any new features, tools, or modifications added to the Service shall also be subject to these Terms of Service.

We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.

We reserve the right, but are not obligated, to limit Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of Services are subject to change at any time without notice, at our sole discretion.

We do not warrant that the quality of any services obtained by you will meet your expectations, or that any errors in the Service will be corrected (other than as is provided for in our Privacy Policy).

SECTION 5 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Third-party links on the Platform may direct you to third-party websites that are not affiliated with us and with respect to which we do not assume and hereby expressly disclaim any liability or responsibility. 

You acknowledge and agree that we provide access to such third-party tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We are not responsible for examining or evaluating the content or accuracy of any third-party tools. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 6 – PERSONAL INFORMATION

Your submission of personal information and how and where your information is processed and used through the Platform is governed by our Privacy Policy.

As between you and Concourse, you own the content and information that you submit or post to the Platform and you grant Concourse the following non-exclusive license: a worldwide, transferable and sublicensable right to use, copy, distribute, and process data, information, and content that you provide through our Services, in accordance with our Privacy Policy, without any further consent, notice and/or compensation to you.

You can end this license for specific content by closing your Platform account.

SECTION 7 – DATA SECURITY AND SOPPA COMPLIANCE

Concourse’s database or software may host privacy protected data provided by you concerning students and employees. This information is privacy protected by federal and state law, including the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g)(“FERPA”), the Illinois School Student Record Act (105 ILCS 10/), the Personnel Record Review Act (820 ILCS 40/) and the Student Online Personal Protection Act (105 ILCS 85/1 et seq.)(“SOPPA”).

Concourse will store and process Data (as defined below)  in accordance with industry best practices. This includes appropriate administrative, physical, and technical safeguards to secure Data from unauthorized access, disclosure, and use. Concourse will conduct periodic risk assessments and remediate any identified security vulnerabilities in a timely manner. Concourse will also have a written incident response plan, which will include prompt notification to you and your School in the event of a security or privacy incident, as well as best practices for responding to a breach of Personally Identifiable Information (“PII”). PII shall include, but is not limited to, student data, academic records, education preferences, financial means, and work examples obtained by reason of the use of Concourse’s software, website, service, or app, including mobile apps, whether gathered by Concourse or provided by your School or its counselors, users, students, or students’ parents/guardians.

Concourse acknowledges that all of your data uploaded, stored, or otherwise coming into contact with Concourse’s database or software, is and shall remain your sole and exclusive property and be subject to all applicable federal and state privacy protections through the term of these Terms of Service as they apply to you or any other agreement between you and Concourse.

SOPPA Compliance, 105 ILCS 85/15(4)

(a)  The information and data (“Data”) transmitted to Concourse for storage may include, but is not limited to, student identification; academic records, education preferences, financial means, work examples, and communications with counselors and university representatives regarding the students, their education, and any necessary assistance they may require.

(b) Concourse provides the service to students of showcasing their anonymized profiles to universities in order to attract indications of interest, in the form of outreach messages or offers of admission and scholarship. Upon receipt of such messages or offers, students can choose to volunteer their identity and contact information to the offering universities, and communicate with the universities in order to claim their offers.

(c) The Parties expressly agree and state that in performing its obligations hereunder Concourse may be deemed as acting as a “School Official” with a legitimate educational interest in your School data and it is performing an institutional service or function under these Terms of Service  for which your School would otherwise use its own employees. Concourse’s use of the data is under the direct control of your School and such data shall only be used for authorized purposes. Concourse shall not re-disclose such information to third parties or affiliates (unless permitted or required under law) without permission from your School or pursuant to a court order.

(d) Data Breach.

a. In the event of a data breach attributed to Concourse, which means an unauthorized disclosure, access, alteration, or use of School data by Concourse or its employees, Concourse shall promptly undertake the following: (1) notify the School by telephone and email as soon as practicable, but no later than twenty-four hours after Concourse becomes aware of the data breach; (2) provide the School with the name and contact information for a Concourse employee who shall serve as the Concourse’s primary security contact; (3) assist the School with any investigation, including interviews of Concourse employees and review of all relevant records; (4) assist the School with notification(s) the School deems reasonably necessary related to the security breach; and (5) pay the reasonable legal fees (or assume the defense of the School at Concourse’s discretion), reasonable audit costs, fines, and any other fees or damages imposed against the School solely as a result of Concourse’s actions or failure to act.

b. In the event of a data breach attributed to the School, which means an unauthorized disclosure, access, alteration, or use of School data, the School shall promptly: (1) notify Concourse by telephone and email as soon as practicable, but no later than twenty-four hours after the School becomes aware of the data breach; (2) provide Concourse with the name and contact information for an employee of the School who shall serve as the School’s primary security contact; (3) assist Concourse with any investigation, including interviews with School employees and review of all relevant records. Concourse shall have no liability for any damages related to a data breach due to or caused by School’s software, equipment, personnel, students or unauthorized third-parties using or exceeding their authorized use of the School’s access, computer system or network. (4) pay the reasonable legal fees (or assume the defense of Concourse at the district’s discretion), reasonable audit costs, and any other fines, fees or damages imposed against Concourse solely as a result of district’s actions or failure to act.

(e) Concourse shall provide all notifications required by the Illinois State Board of Education or any other applicable State or federal law. Concourse shall not provide any other notices without prior written permission from the School.

(f) Upon written notification by the School that student information is no longer needed for the purposes of these Terms of Service or any other applicable agreement, Concourse shall delete the information within 60 days so long as Concourse is not required by law or court order to retain the same. Concourse is not responsible for the deletion of any data due to such School request.

(g) These Terms of Service and any modifications or amendments hereto must be published on the School’s website or, if the District does not have a website, made available for public review at its administrative office.

SECTION 8 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, promotions, and other offers and availability. Such errors, inaccuracies, or omissions shall not constitute a breach of these Terms of Service. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information in the Platform, the Service, or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 9 – PROHIBITED USES

In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the Platform or any of its content or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any person for any reason, including for reasons based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You further agree not to modify, reverse engineer, or alter in any manner any portion of the Platform or attempt to gain unauthorized access to the Platform or any server or computer system connected thereto for any reason.

SECTION 10 – INTELLECTUAL PROPERTY RIGHTS

The Platform (including any website associated therewith and its related software) are the intellectual property of and are owned exclusively by Concourse. The structure, organization, and code of the Platform and its related software contain valuable trade secrets and confidential information of Concourse. Except as expressly stated herein, these Terms of Service do  not grant you any intellectual property rights whatsoever in the Platform (including any website associated therewith and its related software) and all such rights are hereby expressly reserved by Concourse. 

Any form, database, or software that is altered, conceived, made, or developed in whole or in part by Concourse (including any developed jointly with you or through tools you may use) during or as a result of our relationship with you shall become and remain the sole and exclusive property of Concourse. You agree to make no claim in the rights or ownership of any such form, database or software.

To the extent that any custom form is created by Concourse for you, based upon any prior form, template or exemplar provided by you, you warrant and represent to Concourse that you created said form(s) or have the legal right to use said form(s). You agree to indemnify Concourse for any third-party claims for infringement, misappropriation or other violation of any third-party’s intellectual property rights where such claims are made against Concourse for forms, templates or exemplars created based upon material provided by you to Concourse.

The trademarks, logos, and service marks featured on the Platform (the “Trademarks”) are the registered or unregistered Trademarks of us or one of our partners or third parties. The Trademarks shall not be used in any manner without our prior express written consent. Nothing in these Terms of Service shall be construed to grant you any license or other right to use any of the Trademarks without the express written permission of us or the owner of the trademark.

In the event you download any materials from the Platform, such materials may not be modified in any way and our status as the author of those materials must always be acknowledged.

SECTION 11 – DISCLAIMER OF WARRANTIES; NO GUARANTEES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of the Platform will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Platform will be accurate or reliable.

The Platform may not identify any matches for particular students; or, the Platform may identify matches that the student’s counselor does not deem a fit or appropriate. Such cases will not be considered a failure or a breach of these Terms of Service on the part of Concourse.

All admission decisions are made exclusively by the colleges or universities (regardless of their affiliation with Concourse). Concourse makes no guarantee of (i) admission to any program at any college or university, including colleges and universities listed as a match on the Platform; or (ii) any receipt by any student or eligibility for any scholarships, incentives, financial aid or otherwise.

Concourse makes no guarantee that any student will receive a study visa to enter any country, even if the program was listed as a match on the Concourse Platform.

You agree that from time to time we may remove, alter, or discontinue all or any portion of the Service provided via the Platform for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Platform is at your sole risk.

In no case shall Concourse, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind; including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service, reliance on any information obtained from the Platform, any products procured using the Platform, or for any other claim related in any way to your use of the Platform or any product, including, but not limited to, any errors or omissions in any content, any decision made by any university, or any loss or damage of any kind incurred as a result of the use of the Platform or any content (or product) posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Platform, or when you cease using the Platform.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate your access to our Services (or any part thereof).

SECTION 14 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on the Platform constitutes the entire agreement and understanding between you and us and govern your use of the Platform, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 15 – APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide you Service via the Platform shall be governed by the applicable law in your jurisdiction.

SECTION 16 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to our Head of Operations by email at info@concourse.global or by mail at Concourse Global, 535 Dean Street, Suite 916, Brooklyn, New York, USA 11217.

Licensor: Concourse Global Enrollment, Inc. – a State of Delaware (USA) Corporation

Vers. Sep 23, 2021