Terms of Use

Terms of Use
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Terms of Use
Terms of Use
Privacy Policy of The Enrollment Management Association
Privacy Policy of The Enrollment Management Association

Terms of Use

1. Scope and Content
The Enrollment Management Association and its subsidiaries and affiliates (collectively, “The Enrollment Management Association”) provide content, website features, and other products and services to you on the Enrollment Management Association’s websites, including, but not limited to, SSAT registration and scheduling, SSAT preparation materials, SSAT practice tests, secondary school information, admissions application services, and product and marketing information (collectively, “The Enrollment Management Association Services”). You understand and agree that you remain responsible for using your independent analysis, evaluation, and judgment in utilizing The Enrollment Management Association’s Services for any personal, business, educational, governmental, or organizational application or use. The Enrollment Management Association provides Enrollment Management Association Services subject to these terms of use (“Terms of Use”).

2. You Agree
By using The Enrollment Management Association Services, you agree to these Terms of Use. These Terms of Use are a legal agreement between you and The Enrollment Management Association. By using The Enrollment Management Association Services, you agree to The Enrollment Management Association’s Privacy Policy (including the Cookie Policy), which is incorporated herein by reference. Please read these documents carefully. If you do not agree to these terms, do not use The Enrollment Management Association’s Services.

3. Service Terms
The Enrollment Management Association offers a wide range of services, and sometimes additional terms may apply to the use of The Enrollment Management Association Services. When you use an Enrollment Management Association Service (for example, SSAT registration and scheduling, SSAT preparation materials, SSAT practice tests, secondary school admissions application services), your use of such Enrollment Management Association Services is subject to the terms, policies, procedures, notices, disclaimers, and other agreements applicable to that Enrollment Management Association Service (collectively, “Service Terms”). If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control to the extent there is a conflict. If there are no additional specific terms that apply to an Enrollment Management Association Service, these Terms of Use shall control your use of the service.

4. Copyrights, Trademarks and Use Restrictions
The Enrollment Management Association Services are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. You acknowledge and agree that The Enrollment Management Association or The Enrollment Management Association’s affiliates exclusively own the copyright to (or have been granted licenses by third parties to use) all rights, title, and interest in The Enrollment Management Association Services and the information, data, databases, images, sound recordings, audio and visual clips, and other content made available through this site (collectively, the "Content").

The trademarks and logos used on and displayed within The Enrollment Management Association Services are owned by The Enrollment Management Association or are used with permission from the respective owners. No use of any Enrollment Management Association trademark or any other trademark listed is permitted without express written consent.

Except as stated herein, no part of the Content may be performed, distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or otherwise used in any way whatsoever except as expressly stated either in such materials or in this Agreement without express written permission of The Enrollment Management Association or permission of the copyright owner. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of The Enrollment Management Association’s copyrights and other proprietary rights.

While using The Enrollment Management Association Services you will comply with all applicable laws, rules, and regulations. In addition, we expect users of The Enrollment Management Association Services to respect the rights and dignity of others. Your use of The Enrollment Management Association Services is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to The Enrollment Management Association Services.

You agree that you will not:

  • Use The Enrollment Management Association Services in any unlawful manner or for any fraudulent or unlawful purpose.
  • Use The Enrollment Management Association Services to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of The Enrollment Management Association Services.
  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with The Enrollment Management Association Services; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of The Enrollment Management Association Services or the servers or networks used to make The Enrollment Management Association Services available; or violate any requirements, procedures, policies or regulations of such networks.
  • Transmit or otherwise make available in connection with The Enrollment Management Association Services any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Restrict or inhibit any other person from using The Enrollment Management Association Services (including without limitation by hacking or defacing any portion of The Enrollment Management Association Services).
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any purpose, any portion of, use of, or access to The Enrollment Management Association Services and/or the Content.
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of The Enrollment Management Association Services.
  • Remove any copyright, trademark, or other proprietary rights notice from The Enrollment Management Association Services or materials originating from The Enrollment Management Association Services.
  • Frame or mirror any part of The Enrollment Management Association Services without our express prior written consent.
  • Create a database by systematically downloading and storing content contained within The Enrollment Management Association Services.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather content or reproduce or circumvent the navigational structure or presentation of The Enrollment Management Association Services without our express prior written consent.
  • Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from The Enrollment Management Association Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

The Enrollment Management Association reserves the right, in its sole discretion, to terminate, suspend, or modify your registration with, or access to, all or any part of The Enrollment Management Association Services, without notice, at any time and for any reason.

5. Your Account
You may be granted permission to establish, access, and use an account using The Enrollment Management Association Services containing your preferences and other information (“Account”). The permission to establish your Account is personal to you and cannot be shared with or otherwise used by any other individual or entity. You hereby represent and warrant that all information provided to The Enrollment Management Association in registering for your Account is current, complete, and correct, and that you will promptly update such information following any change which renders it incomplete or incorrect. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Enrollment Management Association may access, refuse service, place restrictions on, remove or edit content in, or terminate your Account if The Enrollment Management Association suspects any information provided by you is untrue, inaccurate, incomplete, not current, misleading, or fraudulent. See “Termination of Access to The Enrollment Management Association Services” below for additional limitations.

6. Information You Submit to The Enrollment Management Association
Certain features of The Enrollment Management Association Services may allow you to submit information through a website operated by The Enrollment Management Association, via email or by other means. You may submit communications, suggestions, ideas, comments, questions, or other information, so long as such content is not proprietary, confidential, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, as determined in The Enrollment Management Association’s sole discretion, and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any information or other content.

Certain Enrollment Management Association Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content.

When you upload, submit, store, send or receive content to or through The Enrollment Management Association Services, you give The Enrollment Management Association (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving The Enrollment Management Association Services, and to develop new ones. This license continues even if you stop using The Enrollment Management Association Services. Certain Enrollment Management Association Services may offer you ways to access and remove content that has been provided to that Enrollment Management Association Service. Also, in certain Enrollment Management Association Services, there are terms or settings that narrow the scope of The Enrollment Management Association’s use of the content submitted in those Enrollment Management Association Services.

You represent and warrant that you own or otherwise control all of the rights to the content that you submit to The Enrollment Management Association, that you have acquired all necessary rights in such content to enable you to grant to The Enrollment Management Association the rights in such content described herein, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify The Enrollment Management Association for all claims resulting from content you supply. The Enrollment Management Association has the right but not the obligation to monitor and edit or remove any activity or content. The Enrollment Management Association takes no responsibility and assumes no liability for any content posted by you or any third party.

7. Specific Notice Regarding Links to and Content from Third Party Websites
Certain links and third party embedded content provided through The Enrollment Management Association Services permit you to leave The Enrollment Management Association Services, enter non- Enrollment Management Association websites, and/or view and access content on third party websites (collectively, “Third Party Content”). Third Party Content is not under The Enrollment Management Association control and The Enrollment Management Association is not responsible for such content, or any changes or updates to such content. The Enrollment Management Association provides links and access to Third Party Content to you only as a convenience and The Enrollment Management Association does not endorse such content. Use of third party websites, features, and tools is governed by the applicable terms of use and privacy practices of such websites and services. You agree to review and accept applicable terms related to Third Party Content.

8. Organization Uses of The Enrollment Management Association Services
If you use The Enrollment Management Association Services on behalf of a business, or federal, state or local government agency, or a nonprofit or other organization (collectively “Organization”), that Organization accepts these terms. It will hold harmless and indemnify The Enrollment Management Association and its subsidiaries, officers, agents, and employees from any claim, suit or action arising from or related to the use of The Enrollment Management Association Services or violation of the Terms of Use or Service Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

9. Warranties and Disclaimers
THE ENROLLMENT MANAGEMENT ASSOCIATION SERVICES ARE PROVIDED “AS IS.” THE ENROLLMENT MANAGEMENT ASSOCIATION MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO SSATB SERVICES OR USE OF SSATB SERVICES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING FOR ACCURACY, COMPLETENESS, OR SECURITY. THE ENROLLMENT MANAGEMENT ASSOCIATION DISCLAIMS ANY WARRANTY OF TITLE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON- INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE ENROLLMENT MANAGEMENT ASSOCAITION SERVICES OR USE THEREOF. THE ENROLLMENT MANAGEMENT ASSOCIATION SHALL NOT BE LIABLE FOR AND SHALL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON A COMBINATION OF COMPONENTS PROVIDED IN THE ENROLLMENT MANAGEMENT ASSOCIATION SERVICES. IN NO EVENT SHALL THE ENROLLMENT MANAGEMENT ASSOCIATION BE LIABLE FOR ANY ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT SSATB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF THE ENROLLMENT MANAGEMENT ASSOCIATION SERVICES OR YOUR USE OF THE ENROLLMENT MANAGEMENT ASSOCIATION SERVICES.

The Enrollment Management Association reserves the right to make corrections, enhancements, improvements, and other changes to The Enrollment Management Association Services, and to discontinue any Enrollment Management Association Service, or product or service or any component thereof. The Enrollment Management Association does not warrant or represent that any license, either express or implied, is granted under any patent right, copyright, mask work right, or other intellectual property right relating to any combination, machine, or process in which The Enrollment Management Association components or services are used. Information published by The Enrollment Management Association regarding third-party products or services does not constitute a license to use such products or services or a warranty or endorsement thereof. Use of such information may require a license from a third party under the patents or other intellectual property of the third party, or a license from The Enrollment Management Association under the patents or other intellectual property of The Enrollment Management Association.

10. Privacy and Website Policies, Modification, and Severability
Please review our Privacy Policy, which also governs your use of The Enrollment Management Association Services, to understand our practices. Please review our Service Terms and other policies posted on this site. These terms and policies also govern your use of The Enrollment Management Association Services. We reserve the right to make changes to The Enrollment Management Association Services, as well as The Enrollment Management Association websites, policies, agreements, Service Terms, and these Terms of Use at any time without prior notice to you. The Effective Date of these Terms of Use is set forth at the bottom of this webpage. Your continued use of The Enrollment Management Association’s Services after the Effective Date constitutes your acceptance of these Terms of Use. These Terms of Use supersede all previous versions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

11. Copyright Complaints
To be effective under 17 U.S.C. § 512, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) 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
(vi) 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.

The Enrollment Management Association’s Designated Agent for a notification of claimed infringement can be reached as follows:

Thomas Gera
Director of Testing Services
The Enrollment Management Association
862 Route 518
Skillman, NJ 08558
email: tgera@enrollment.org

12. General
Any claim relating to The Enrollment Management Association Services will be governed by and interpreted in accordance with the laws of the State of New Jersey, without reference to its conflict-of- laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts in New Jersey. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

The Enrollment Management Association operates or manages this site from its offices within the United States. The Enrollment Management Association makes no representations that The Enrollment Management Association Services referenced on this site are appropriate or available for use in other areas of the world. Those who access this site from locations outside the United States are responsible for compliance with applicable local laws.

Where The Enrollment Management Association has provided you with a translation of the English language version of information on The Enrollment Management Association websites, you agree that the translation is provided for your convenience only and that the applicable English language versions will govern your relationship with The Enrollment Management Association. If there is any contradiction between the English language version of information on The Enrollment Management Association websites and the translation, the English language version will take precedence.

Effective Date: July 5, 2018

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