These terms of use (the “agreement”) form a legal agreement between you, the end user (referenced herein as “you” or with “your”) and Edu brokers ("the Edu broker," "we," "us") that applies each time you use or access the website available at www.edubrokers.com. (1) Edu Brokers for transfer, recommender, and other features and services, (2) any webpages, portals, applications, features, and content associated with any of the foregoing subject to your compliance with the terms and conditions set forth in this terms of use. You should therefore read the following terms and conditions carefully, as they govern your use of Edu Brokers and its functionality. in particular, this agreement contains an arbitration provision that waives your right to a court hearing and/or a jury trial, and a class action waiver that waives your right to participate in any class action lawsuit to enforce this contract. If you do not agree with this agreement, you are not granted permission to access or otherwise use the Edu Brokers and are instructed to exit and/or uninstall the Edu Brokers Immediately.
We reserve the right at any time to:
● Change the terms and conditions of this Agreement;
● Change Edu Brokers, including eliminating or discontinuing any content on or feature of Edu Brokers
You acknowledge and agree that we reserve the right to modify this Agreement at any time. Any changes we make to this Agreement will be effective immediately upon notice, which we may provide by any means permitted under applicable law, including, without limitation by posting an updated version on this webpage, providing an updated version on Edu Brokers, or notifying you by electronic mail. Your continued use of Edu Brokers following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Edu Brokers and Related Materials includes:
(1) Edu Brokers® service and websites available at the URL listed above; (2) related content and materials provided through and/or in connection with the foregoing, including any data, text, graphics, images, audio and video clips, logos, icons, links, applications, portals.(3) any updates, versions, improvements, enhancements, or modifications of any of the foregoing.
2. Grant of License
Subject at all times to your full compliance with the terms and conditions of this Agreement, Edu Brokers grants to you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access Edu Brokers solely for your personal, internal, non public, non-commercial use in furtherance of the Permitted Purpose. Depending on the category of user which applies to you, the “Permitted Purpose” is defined as:
(i) for student applicants, online user registration, Edu Brokers , and any application supplements, and/or other applicant forms;
(ii) for colleges, universities, and other institutions of higher learning (and any employee, administrator, agent, or other representative thereof), receive student admission application data; or
(iii) for high school educators, counselors, and providers of applicant recommendations, register an account, submit recommendations for or on behalf of an applicant’s applications to one or more member Colleges or Universities.
3. Limited License to Edu Brokers Works.
You may not download, copy or use any of Edu Brokers Works except as expressly authorized in Edu Brokers and, in any event, you may not distribute, modify, transmit, create derivative works of, republish, or publicly display the Edu Brokers Works except as expressly permitted by Edu Brokers in a separate writing.
4. Additional Restrictions.
When using or accessing Edu Brokers and any other Materials in accordance with the foregoing licenses, you shall not directly or indirectly (a) use Edu Brokers or Materials to create any service, software or documentation that performs substantially the same functionality as Edu Brokers or Materials, (b) disassemble, decompile, reverse-engineer, or use any other means to attempt to discover any source code, algorithms, trade secrets, or applications underlying Edu Brokers or Materials, (c) encumber, sublicense, transfer, distribute, rent, lease, time-share, or use Edu Brokers or Materials in any service bureau arrangement or otherwise for the benefit of any third party, (d) adapt, combine, create derivative works of, or otherwise modify Edu Brokers or Materials, (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in Edu Brokers or Materials, (f) use or access Edu Brokers or Materials for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (g) remove, obscure, deface, or alter any proprietary rights notices on any element of Edu Brokers or Materials, (h) use Edu Brokers or Materials in any manner which could damage, disable, overburden, or impair Edu Brokers or Materials and/or Edu Broker’s systems or network infrastructure, or otherwise interfere with any third party’s authorized use of Edu Brokers or Materials, (i) probe, scan, or test the vulnerability of Edu Brokers .or any systems or network infrastructure connected with Edu Brokers, including without limitation by stress testing or penetration testing, or (j) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with Edu Brokers.
5. User Obligations
You represent that you will, at all times, provide true, accurate, current, and complete information (which you have all necessary rights, permission(s), prior express consent, or authority to provide) when submitting information through Edu Brokers. In addition, you are responsible for compliance with all applicable laws, rules, and regulations, including but not limited to all laws and regulations governing consumer protection, unfair competition, commercial electronic mail (email) and messages, advertising, privacy, and information security with respect to your use of Edu Brokers. If you access Edu Brokers /on behalf of any organization, your organization shall be bound to this Agreement and be liable for any breach by you. You represent that you have all rights, power, and authority to agree to this Agreement on behalf of your organization.
Edu Brokers is not intended for use or access by any individual under the age of sixteen (16) years, and Edu Broker’s does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.
6. Registration
Some areas of Edu Brokers may require you to register an account with Edu Brokers. Registration for access to and use of Edu Brokers may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by Edu Brokers in its sole discretion from time to time. When and if you register, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you (or on your behalf under your direction or knowledge) is untrue, inaccurate, not current or incomplete or contains a misrepresentation, we reserve the right to terminate this Agreement and your use of Edu Brokers and/or disclose to our members what other members you had applied to using Edu Brokers, consistent with the terms of our Privacy Policy.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to Edu Brokers to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.edubroker.com and immediately notify us of the problem by clicking here support@edubroker.com. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account, whether or not individually executed and/or authorized by you, and edu brokers shall be entitled to rely upon all inputs and responses made through your account as if made exclusively by you.
7. Code of Conduct
In addition to and without limiting any other restrictions herein contained, while using Edu Brokers or Materials, you agree not to:
● create more than one Student account or more than one Student transfer account, while registering on Edu Brokers;
● express or imply that any statements you make are endorsed by us, without our prior written consent;
● transmit (a) any material, non-public information about companies without the authorization to do so; (b) any trade secret of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
● engage in spamming or flooding;
● "frame" or "mirror" any part of Edu Brokers without our prior written authorization;
● link to any page of or content on Edu Brokers other than the URL located at http://www.edubrokers.com
● harvest or collect information about Site visitors or members without their express consent; or upload, send, or transmit any information, messages, or communications which constitute hate speech or other illegal speech, or otherwise harass, threaten, defame, slander, libel, or threaten any individual or group.
8. Submissions and Postings
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (each a “Submission” and collectively, "Submissions''), or by posting or uploading such Submissions to any area of Edu Brokers, you grant us and our designees a worldwide, non-exclusive, fully sublicensable (through multiple tiers), freely assignable, royalty free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import, export, and otherwise exploit such Submissions in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
Edu Brokers may screen, review, edit, moderate, or monitor your Submissions from time to time at its discretion, but has no obligation to do so. In any event, Edu Brokers is not responsible to you under this Agreement for your or any other user’s Submissions and shall have no liability or responsibility for the quality, content, accuracy, legality, or effectiveness of any Submissions. You acknowledge and agree that the Edu Brokers shall have no obligation of confidentiality whatsoever with respect to your Submissions. By uploading, posting, displaying, transmitting, or otherwise providing a Submission to Edu Brokers, you represent and warrant that: (i) you possess all legal rights required to upload, post, display, and/or transmit each Submission and permit Edu Brokers to use such Submission as set forth herein (including without limitation any necessary third-party license rights or required consents under applicable law); (ii) each Submission is in full compliance with all applicable laws and regulations; and (iii) your Submissions do not infringe, misappropriate, or otherwise violate the personal or proprietary rights of any third party.
9. Links and Third-Party Services
Edu Brokers may contain links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by Edu Brokers. Edu Brokers has not reviewed all of the web sites that are or may be linked to Edu Brokers, and Edu Brokershas no control over such sites. Edu Brokers is providing these links to you only as a convenience. In addition, certain services, features, or components made available via Edu Brokers are delivered by third-party providers. By using any feature, service, or functionality originating from Edu Brokers you hereby acknowledge and consent that the Edu Brokers may share information and data that you submit or upload to Edu Brokers with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality, in accordance with the the Edu Broker’s Privacy Policy.
References or links in Edu Brokers to any commercial products or services, or the use or display of any business, firm, corporation, or trade name on Edu Brokers, do not constitute endorsement by Edu Brokers of any such product, service, or entity. Edu Brokers makes no representation or guarantee whatsoever with respect to third-party products or services.
Edu brokers expressly disclaims responsibility and liability for any third-party websites, web pages, materials, programs, applications, tools, products, and services set forth, described on, or accessed through Edu Brokers, and you agree that Edu Brokers shall not be responsible for any loss or damage incurred as a result of any dealings between you and a third party, regardless of whether such dealings were facilitated or performed in connection with Edu Brokers.
Additional notices, terms, and conditions may apply to services, receipt of or access to certain materials, participation in a particular program, and/or to specific portions or features of Edu Brokers, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in Edu Brokers. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third-party terms applicable thereto, and you agree to abide by all such terms in connection with your use of Edu Brokers. You hereby agree that (i) this Agreement operates in addition to any terms of use imposed or required by any such third-party provider; and (ii) the terms of this Agreement supplement and do not alter or amend any such third-party terms of use.
10. Ownership and Restrictions on Use
Edu Brokers is owned and operated by the Edu Brokers LLC . Edu Brokers and Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through Edu Brokers in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of Edu Brokers, as provided in this Agreement or as expressly authorized in writing by Edu Brokers , its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using Edu Brokers or the Materials, and Edu Brokers reserves all rights Edu Brokers and Materials not expressly granted herein.
The trademarks, logos, and service marks displayed on Edu Brokers are the registered or unregistered trade or service marks of theEdu Brokers . The Trademarks owned by tEdu Brokers , whether registered or unregistered, may not be used in connection with any product or service that is not Edu Brokers in any manner that is likely to cause confusion with customers, or in any manner that disparages Edu Brokers. Nothing contained on Edu Brokers should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Edu Brokers . Misuse of any Trademarks is prohibited, and Edu Brokers will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
11. Jurisdictional Issues
Those who choose to access Edu Brokers do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of Edu Brokers and/or the provision of any service described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service that we provide. We also reserve the right in our sole discretion to remove any college, university, or other educational institution without further or special notice.
12. Term and Termination
This Agreement takes effect (or re-takes effect) at the moment you first access or use Edu Brokers. The Edu Brokers reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend your access to Edu Brokers or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of Edu Brokers, and/or the rights of others.
This Agreement terminates automatically if you fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this Agreement at any time by ceasing to use Edu Brokers, but each re-access or renewed use of Edu Brokers will reapply the Agreement to you. Upon termination or expiration of the Agreement for any reason, all licenses granted by Edu Brokers hereunder shall immediately terminate, and you must immediately cease all use of Edu Brokers. The provisions of this Agreement concerning Edu Brokers proprietary rights, licenses to Submissions, disclaimers of warranty and liability, limitations of liability, waiver and severability, entire agreement, indemnification rights, injunctive relief, and governing law will survive the termination of this Agreement for any reason.
Edu Brokers reserves the right, in its sole discretion, to terminate or suspend your access to Edu Brokers or any feature or portion thereof at any time, without notice to you, if we reasonably determine or suspect that you are in violation of this Agreement and/or the intellectual property rights of Edu Brokers or its applicable providers and licensors.
13. Disclaimers
Edu brokers, the materials, any product or service obtained through Edu Brokers are provided "as is" and without warranties of any kind, either express or implied. to the fullest extent permitted pursuant to applicable law, Edu broker and its, partners disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Edu Brokers and its partners do not warrant that your use of Edu Brokers will be uninterrupted, error-free or secure, that defects will be corrected, or that Edu Brokers or the server(s) on which Edu Brokers is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use Edu Brokers, and all charges related thereto. You assume all responsibility and risk for your use of Edu Brokers and your reliance thereon. No opinion, advice or statement of Edu Brokers or partners, whether made on Edu Brokers shall create any warranty. Your use of Edu Brokers and any materials provided through Edu Brokers are entirely at your own risk.
A possibility exists that Edu Brokers or Materials could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to Edu Brokers or Materials. Although we attempt to ensure the integrity of Edu Brokers, we make no guarantees as to Edu Broker’s completeness or correctness. In the event that a situation arises in which Edu Broker’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on Edu Brokers, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
14. limitation of liability
Neither edu broker nor any of our partners or their directors, officers, employees, consultants, agents or other representatives, are responsible or liable for:
(a) The acts or omissions of any member college or university, applicant, student counselor, high school, nor the use or misuse by any member college or university, applicant, student counselor, high school of any personal information collected online and accessed by
any member college or university, applicant, student counselor, high school, nor for any delay, rejection or other outcome resulting from the application admissions process of any member college or university, nor for any particular user or student candidate’s application, admission or acceptance status with any member college or university, nor the use of any third party product, service or tool;
(b) any indirect, incidental, consequential, special, exemplary, punitive or similar damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to Edu Brokers and/or materials contained on Edu Brokers or any linked site or any product or service provided through Edu Brokers or for any third party product, service or tool used in conjunction with Edu Brokers, whether or not Edu Brokers has been advised of the possibility of such damages; or
(certain jurisdictions and laws may not permit some or all of the disclaimers of liability set forth in this section. in the event that such a jurisdiction or law applies to the subject matter of this agreement, the foregoing disclaimers will apply to the maximum extent permitted under applicable law.
15. Questions
If you have any questions, comments, suggestions, or complaints regarding this Agreement, feel free to contact us at support@edubrokers.com.
16. Data Privacy
You understand, acknowledge, and agree that the operation of certain features of Edu Brokers may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to EDU Broker’s Privacy Policy , available at (as updated from time to time), for a summary of the EDU Broker’s policies and use practices regarding personally identifiable information.
17. Mobile Usage
Edu Brokers offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device. Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Edu Brokers.
18. Security and Compliance
Edu Brokers reserves the right to view, monitor, and record your activity without notice or permission from you. Edu Brokers provision is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce Edu Brokers ability to comply with governmental, court, and law enforcement requests or requirements involving information provided to or gathered by Edu Brokers with respect to such use.
19. Export Controls
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. government embargo; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable sanctions and export control laws, and (ii) you are solely responsible for ensuring that is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.
20. Arbitration
In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this Agreement or any provisions hereof, whether arising in contract, tort, or any other legal theory, then such dispute shall be resolved exclusively through final, binding, and confidential arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Consumer Arbitration Rules of the American Arbitration Association. The exclusive site of such arbitration shall be in Newark, New Jersey. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement for any reason.
Notwithstanding the foregoing, the Edu Brokers may bring a claim for injunctive relief or other equitable relief against your violation of this Agreement in any court of competent jurisdiction without being required to observe the arbitration procedures of this Section.
21. Class Action Waiver
By using www.edubrokers.com and agreeing to these terms, you hereby willingly, expressly, and knowingly waive all right to bring or participate in any class action lawsuit, class-wide arbitration, or private attorney-general action brought under or in connection with this agreement or your use of Edu Brokers. You may not bring any claim, suit, or other proceeding to enforce this agreement as the member of any class or as part of any similar collective or consolidated action.
22. Indemnification
To the maximum extent permitted under applicable law, you agree to indemnify, defend, and hold harmless Edu Brokers, its partners under common control, and its and their respective officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorneys’ fees) relating to or arising out of (i) your violation of this Agreement, (ii) your infringement, misappropriation, or violation of any personal or proprietary rights of a third party, (iii) your violation of applicable laws, rules, or regulations, and/or (iv) your Submissions, including without limitation the quality, content, accuracy, legality, or effectiveness thereof, or any communications, transactions, or results arising therefrom. Edu Brokers reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
23. Miscellaneous
This Agreement is governed by and construed in accordance with the laws of New Jersey , United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the state or federal courts located in the Newark, New Jersey United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sub-licensable by you except with Edu Brokers prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The parties hereto are independent contractors and nothing herein shall be construed as creating any joint venture, partnership, employment relationship, or agency relationship. You acknowledge that any breach, threatened or actual, of this Agreement by you would cause irreparable injury to Edu Brokers not readily quantifiable as money damages, such that Edu Brokers would not have an adequate remedy at law. You therefore agree that Edu Brokers shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of your obligations, without the necessity of posting bond or other security.
24. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Edu Brokers infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on Edu Brokers are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Edu Brokers to locate the material on Edu Brokers; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed by Edu Brokers against you, the DMCA permits you to send Edu Broker a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
Notices and counter-notices should be sent to Edu Brokers registered.
Edu Brokers reserves the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). Edu Brokers has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of repeat infringers. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.