EAB

Welcome to Enroll360 Match (also known as Match powered by Concourse)! EAB Global, Inc. (“EAB”), together with its subsidiaries, provide the Enroll360 Match Platform (the “Platform”) to offer an alternative college admissions platform that enables colleges to compete for students with proactive offers of admission and financial aid.

Please read these Terms of Use (“TOUs”) carefully.  By accessing, browsing, and/or using the Platform, or the features, content or applications thereof or any email from EAB in any way (the “EAB Services”), you represent and warrant that you have the right, authority, and capacity to enter into these TOUs. If you do not wish to be bound by these TOUs, you may not access or use EAB Services. These TOUs apply to prospective students (Section A), counselors (Section B) and university representatives (Section C).

THESE TOUs INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

Please note that these TOUs may be updated at any time in EAB’s sole discretion. If you do not agree to any change(s), you shall stop using the EAB Services; otherwise, your continued use of the EAB Services constitutes your acceptance of such change(s). Please regularly refer the most current version of these TOUs on EAB’s website.

SECTION 1 – GENERAL CONDITIONS

To be eligible to enter into this agreement (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.

In exchange for compliance with the terms contained hereunder, we grant you a non-exclusive, non-transferable, revocable, and non-sublicensable license to use the Platform in accordance with these TOUs.

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 TOUs are included for convenience only and will not limit or otherwise affect these TOUs.

SECTION 2 – REGISTRATION

The Platform may require you to be a registered user. As part of the registration process and thereafter, you agree: (i) to at all times provide truthful, accurate, up-to-date, and complete information; and (ii) 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 EAB 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. We are not responsible if information made available on the Platform is not accurate, complete, or current. Any reliance on the material on the Platform is at your own risk. Students acknowledge that no information provided or available on the Platform is an indication of: (i) a student’s chances of being accepted to any university or any university program; or (ii) a student’s eligibility to receive a visa to enter any country, even if that program was listed as a match on the Platform.

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. You agree that it is your responsibility to monitor changes to 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 TOUs.

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.

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 TOUs.

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 EAB, you own the content and information that you submit or post to the Platform and you grant EAB 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 except to the extent required by applicable law.

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

SECTION 7 – STUDENT PARTICIPATION FEE

Students participating in Global Match will be assessed a $75 participation fee if their counselor nominates them to receive admission offers. Students must pay this fee to secure admissions offers. Counselors may waive fees to accommodate students with financial constraints.

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 TOUs. 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 TOUs, 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 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 TOUs 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 TOUs on the part of EAB.

All admission decisions are made exclusively by the colleges or universities (regardless of their affiliation with EAB). EAB 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.

EAB 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 EAB 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 EAB, 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 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EAB and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these TOUs or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 – SEVERABILITY

In the event that any provision of these TOUs 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 TOUs, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – TERMINATION

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

These TOUs are effective unless and until terminated by either you or us. You may terminate these TOUs 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 TOUs, we may terminate your access to our Services (or any part thereof).

SECTION 15 – ENTIRE AGREEMENT

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

These TOUs 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 TOUs).

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

SECTION 16 – APPLICABLE LAW

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

SECTION 17 – CONTACT INFORMATION

Questions about the TOUs should be sent to EAB Global, Inc., Attn: General Counsel, 2445 M Street, NW, Washington, DC 20037.

 

SECTION 1 – GENERAL CONDITIONS

To be eligible to enter into the agreement that consists of these TOUs (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 EAB, including through any EAB-authorized website, and as long as you comply with these TOUs and any other agreement you have with EAB, we grant you a non-exclusive, non-transferable, revocable, and non-sublicensable license to use the Platform in accordance with these TOUs.

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 TOUs are included for convenience only and will not limit or otherwise affect these TOUs.

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 EAB 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 TOUs.

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 TOUs.

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 EAB, you own the content and information that you submit or post to the Platform and you grant EAB 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 except to the extent required by applicable law.

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

SECTION 7 – 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 TOUs. 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 8 – PROHIBITED USES

In addition to other prohibitions set forth in the TOUs, 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 9 – INTELLECTUAL PROPERTY RIGHTS

The Platform (including any website associated therewith and its related software) are the intellectual property of and are owned exclusively by EAB. The structure, organization, and code of the Platform and its related software contain valuable trade secrets and confidential information of EAB. Except as expressly stated herein, these TOUs 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 EAB.

Any form, database, or software that is altered, conceived, made, or developed in whole or in part by EAB (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 EAB. 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 EAB for you, based upon any prior form, template or exemplar provided by you, you warrant and represent to EAB that you created said form(s) or have the legal right to use said form(s). You agree to indemnify EAB 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 EAB for forms, templates or exemplars created based upon material provided by you to EAB.

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 TOUs 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 10 – 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 TOUs on the part of EAB.

All admission decisions are made exclusively by the colleges or universities (regardless of their affiliation with EAB). EAB 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.

EAB 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 EAB 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 EAB, 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 11 – SEVERABILITY

In the event that any provision of these TOUs 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 TOUs, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 – TERMINATION

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

These TOUs are effective unless and until terminated by either you or us. You may terminate these TOUs 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 TOUs, we may terminate your access to our Services (or any part thereof).

SECTION 13 – ENTIRE AGREEMENT

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

These TOUs 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 TOUs).

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

SECTION 14 – APPLICABLE LAW

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

SECTION 15 – CONTACT INFORMATION

Questions about the TOUs should be sent to EAB Global, Inc., Attn: General Counsel, 2445 M Street, NW, Washington, DC 20037.

SECTION 1 – GENERAL CONDITIONS

To be eligible to enter into this agreement (and to use the Platform), you must be at least 18 years of age and a recruiter, administrator, staff and/or an authorized representative of a university, college, institution of higher education, or other educational institution with authority to recruit and market to students on behalf of the institution you represent.

In exchange for compliance with the terms contained hereunder, we grant you a non-exclusive, non-transferable, revocable, and non-sublicensable license to use the Platform in accordance with these TOUs.

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 or 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 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 TOUs are included for convenience only and will not limit or otherwise affect these TOUs.

SECTION 2 – SERVICES

The Services include access to the Platform for the purpose of the recruitment of qualified students by using proprietary computer software and an associated platform owned by EAB which shall evaluate the students’ profiles against your institution’s search criteria and entry requirements to identify potential matches (“Matches”) to enroll and attend your institution. The identification of Matches includes, but is not limited to, active searching for students by you on the Platform, as well as students identified by the Platform as Matches to your institution based on publicly available information on your institution, and information you provide to the Platform about your institution.

Furthermore, the Services include all other features that serve the purpose of the recruitment of qualified students on the Platform.

In order to use the Services, you may need to pay a service fee associated with such access depending on the level of Service you choose. You are solely responsible for the payment of service fees. The service fees you pay are not refundable.

SECTION 3 – USER REPRESENTATIONS

By accessing the EAB Services, you agree and represent that:

a. You are at least 18 years of age or older.

b. You are a recruiter, administrator, staff and/or authorized representative of a university, college, institution of higher education or other educational institution with authority to recruit and market to students on behalf of the institution you represent.

c. Because EAB is a community built on trust, you are required to use your real name and identity on the platform to protect platform users.

d. You will not share your account with anyone else and that each user will have their own account even if there are multiple users from the same institution.

e. You are not an education agent, agency or any other business, association or organization (whether for profit or not-for-profit) whose purpose is to recruit students on behalf of education institutions, unless otherwise agreed to with EAB.

f. You will at all times exercise the highest level of care, discretion, and professionalism in all contexts in which you access or use the information you obtain on the Platform, including strictly adhering to interaction guidelines with school counselors and students, which include, but is not limited to, not excessively sending messages (spam) to school counselors and students.

g. You will not encourage platform users, especially students, to go off platform. High schools and counselors invite their students to EAB to help them discover new university opportunities in a monitored, supervised environment. It is a violation of these TOUs to use the EAB messaging environment to encourage other users to go off platform (e.g., over to WeChat, WhatsApp, or other platforms) where counselors can no longer provide supervision.

h. You will not commence any communications with any given student (i) if a counselor does not expressly authorize communication; (ii) if the Platform does not allow communication; (iii) if a student does not expressly authorize communication; or (iv) if you are otherwise requested to not commence or to discontinue any such communications in any other form.

i. You will use the EAB platform in accordance with the International ACAC’s Code of Ethics for Professional Practices (CEPP), including but not limited to following the CEPP rules regarding timelines and deadlines.

j. You will not use the Platform (i) in any manner except for the stated purpose of the Platform; (ii) in any manner contrary to the description of the services as stated in Section 2 of these TOUs; (iii) in any manner that EAB requests you not use the Platform; or (iv) in any manner that is contrary to applicable laws, rules, or regulations.

SECTION 4 – REGISTRATION

The Platform may require you to be a registered user.

As part of the registration process and thereafter, you agree: (i) to at all times provide truthful, accurate, up-to-date and complete information about you and your institution; and (ii) 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 EAB 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 5 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The student information on the Platform is provided to you for your general information. EAB endeavors as much as possible to obtain the most up to date and accurate information from students on our Platform. While EAB strives to provide you with verifiable student data used to recruit students, we are not responsible if information made available on the Platform contains errors, inaccuracies, or is not current.

Any reliance on the information provided by the Platform is at your own risk.

You acknowledge that no information provided or available on the Platform is an indication of: (i) a guarantee that a student will ultimately attend your institution even if he/she has indicated interest in your institution; or (ii) a student’s eligibility to receive a visa to enter any country, even if your program was listed as a match on the Platform.

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.

You agree that it is your responsibility to monitor changes to the Platform.

SECTION 6 – MODIFICATIONS TO THE SERVICE

You acknowledge and agree that the Services are provided “AS-IS” and are based on current student recruitment matching and technology in use by EAB at the time of the purchase or viewing.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Any new services, features, tools, or modifications added to the Service shall also be subject to these TOUs.

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).

The amount of the service fees, including the Services available at each price point, as well as any modifications from time to time to the Services and the service fees are at the sole discretion of EAB.

SECTION 7 – 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.

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.

SECTION 8 – PERSONAL INFORMATION

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

As between you and EAB, you own the content and information that you submit or post to the Platform and you grant EAB 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 except to the extent required by applicable law.

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

SECTION 9 – 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 TOUs. 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 10 – PROHIBITED USES

In addition to other prohibitions set forth in the TOUs, 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 share the information you have access to on the Platform with third parties; (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 acknowledge and agree that at no time are you authorized to access, obtain, or use any student contact information or any other student information to attempt in any way to communicate with any student in an inappropriate or unauthorized manner, whether by attempting to circumvent the Platform, by tracking any student, or by otherwise making or attempting to make any other unauthorized contact with any student in any way, on or off the Platform.

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 11 – INTELLECTUAL PROPERTY RIGHTS

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, and EAB shall at all times also remain the sole and exclusive owner of any and all intellectual property associated with the Platform (the “Platform IP”, with the Trademarks and Platform IP collectively, the “EAB IP”). The EAB IP shall not be used in any manner without the prior express written consent of EAB. Nothing in these TOUs shall be construed to grant you any license or other right to use any of the EAB IP without the express written permission of EAB or any third party owner of any intellectual property not otherwise owned by EAB. In the event you download any materials from the Platform, such materials may not be modified in any way and our status as the owner of those materials must always be acknowledged.

SECTION 12 – 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 your institution, 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 TOUs on the part of EAB.

All admission decisions are made exclusively by you and your institution. EAB 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.

EAB 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 EAB Platform.

In no case shall EAB, 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 school or student, 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 13 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless EAB and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Platform, including but not limited to breach of these TOUs or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 – SEVERABILITY

In the event that any provision of these TOUs 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 TOUs, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 15 – TERMINATION

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

These TOUs are effective unless and until terminated by either you or us. You may terminate these TOUs 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 TOUs, we may terminate your access to our Services (or any part thereof).

SECTION 16 – ENTIRE AGREEMENT

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

These TOUs 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 TOUs).

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

SECTION 17 – APPLICABLE LAW

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

SECTION 18 – CONTACT INFORMATION

Questions about the TOUs should be sent to EAB Global, Inc., Attn: General Counsel, 2445 M Street, NW, Washington, DC 20037.