Welcome to EdXeno. We connect higher education institutions with students like never before through instant messaging, push notifications, and live streaming. Students receive college application advising, locate college planning resources, and explore universities.
This Terms of Service applies to your use of the EdXeno.com website and the EdXeno Service (collectively “the EdXeno Service” or “the Service”), as well as your relationship with EdXeno Corp, its affiliates, and service providers (hereinafter referred to as “EdXeno” “we” “us” or “our”).
If you do not agree with these Terms, including the Binding Arbitration Clause and a Class Action waiver included below, please discontinue using the Service.
These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on our website. We will notify you by email, through the EdXeno Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the EdXeno Service after a modification is posted, you are telling us that you accept the modified terms.
If you have a written agreement with EdXeno that states that it supersedes this Terms of Service (for example if you are a University Partner), then to the extent there is any conflict between the documents, the provisions in your separate agreement apply.
You need to have an account to use EdXeno. You can create an account on EdXeno as a student preparing to apply to colleges, or as a university looking to recruit interested students. You agree not to misrepresent any information about yourself in creating or using an account.
Creating a Student Account:
You may create an account on EdXeno by using your email address.
You have the option to provide additional information when creating your student account, such as your location, phone number, and date of birth, and to upload documents, such as your essays or resume. Any information or content you upload directly to the EdXeno Service is governed by these Terms.
To create a student account, you must be at least 13 years old to use this Service. If you are between 13 and 17 years of age, please have permission from a parent or legal guardian before using the Service. If you are between the ages of 13 and 17 and you create an account, you are telling us that you have obtained parent permission before creating an account.
Student Account Guidelines:
Your conduct on EdXeno is your first impression for university representatives around the country. As a rule of thumb, keep your content and communications on EdXeno professional. Specifically, you are not allowed to post any violent, nude, discriminatory, hateful, or sexually suggestive photos or other similar content via the Service. You are responsible for all content you upload to EdXeno.
EdXeno allows you to view university profiles, join live events, send messages to university representatives through the Service. You agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate other people or entities. You also agree not to use the Service for any illegal or unauthorized purpose, including spam, copyright infringement, identity theft, or fraud.
You agree you will not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other EdXeno terms.
When you like, favorite, or add a university to your college list in EdXeno, the University will be able to see certain information on your profile. This university will then be able to send you messages and push notifications within the app. Limited information in your profile will become visible to the applicable universities(s)—including your name, date of birth, location, and primary contact email—but any other personal information in your profile will be hidden or masked, including the information (essays, resume, private messages) you shared with EdXeno advisors.
You can change the information you share any time while your account is active by opening User Settings from the Account Dashboard.
Recording of EdXeno Communications Wiretapping laws in some jurisdictions prohibit recording individuals without their awareness and consent. You may not initiate an audio or video recording of any third party in violation of the law. By initiating any audio or video recording through the Service, you represent and warrant that you have express permission from all persons appearing in the audio or video recording for all potential uses by EdXeno of such audio or video recording where required by law. You agree that you will not hold us responsible and we will not be liable for your failure to comply with applicable laws and/or your failure to inform others that you are recording them and/or your failure to obtain their prior consent.
Creating an University Account:
Creating an University Account: To create an University Account you must either associate yourself with a current EdXeno University Partner (“University Partner”) and be approved by that university or create a new University Account. You are prohibited from creating an account for anyone other than yourself, unless you have received express authorization from an employer or client to do so on their behalf. University Partners do not have access to any student profiles unless they are approved by EdXeno to access student information that the student chooses to share.
When you create a EdXeno University Account, we request contact information, including email address and telephone number, to provide a point of contact. We will not use your phone number to send any commercial or marketing messages to you from third parties. We may share your data with vendors who provide us with assistance in preventing or detecting fraud or other misuse of our services. You agree to provide accurate and current information and to correct any misrepresentations immediately upon discovery. By creating a University Account you represent and warrant that you own or have obtained all rights necessary to allow EdXeno access to and processing of any data, materials or information you provide to EdXeno, and you authorize EdXeno to access, use and display such information for the purpose of providing the Service.
You also agree not to use the Service to send spam or other unauthorized communications, and you agree not to use any collected student data for purposes not authorized by EdXeno. These prohibitions are addressed in further detail below.
University Account Guidelines:
Through the use of the Service, you will be able to search and filter student results based on a wide range of criteria. You agree to maintain a fair and equitable recruitment process when selecting student candidates. You also agree not to discriminate based on ethnicity, national origin, religion, age, gender, sexual orientation, disability, or veteran status as prohibited by law. You can contact students directly through the Service. By using this Service, you agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities.
You acknowledge and agree, moreover, that, to ensure your compliance with these Terms, EdXeno may review the application flow associated with any new post before it becomes available to applicants on the EdXeno Service.
Third Party Guidelines:
EdXeno is excited to offer as many college application opportunities to students as possible, including those offered by third party recruiters. However, we do not permit outside services to bulk collect student data, university data, event descriptions, or other information using automated scripts (“scraping”), or similar or other technologies or methodologies. To protect our users and their data privacy, moreover, you may not use the data of students or other users for the purpose of marketing any opportunities other than the opportunity the applicant applied to through the EdXeno Service. For the same reason, you may not store any student’s or other user’s data for the purpose of (1) marketing opportunities to the applicant in the future; or (2) allowing any third party to use the data for marketing or any other reason. Third party recruiters are also prohibited from requiring students to create an account on a third-party platform unaffiliated with the company or brand providing the employment role. Any violation of these or any other Terms, at our discretion, may result in suspension or termination of the account(s) associated with you or your recruitment service.
We want EdXeno to be a platform where universities can connect with students and other users in a way that is productive for all involved. To that end, while we allow universities to contact students and other users, we do not allow you to use the Service to send unsolicited marketing messages or broadcasts (i.e., spam).
Spam can take many forms, and our rules, which are meant to address a wide range of inappropriate content or messaging, include but are not limited to: Unsolicited messages that aim to drive traffic or attention from the EdXeno Service to accounts, websites, products, services, or initiatives not directly related to a college admissions opportunity.Bulk or repeated identical messages, or high-volume messages with a low student response rate.Messages that fail to comply with applicable anti-spam laws and regulations.If we determine that you have sent spam or other unauthorized content, we may take any action we deem necessary to protect our users’ experience or the Service, including demanding that you cease violating these Terms, suspending your student messaging privileges, or suspending or terminating your account(s).
University Paid Services:
EdXeno may offer Universities certain paid upgrades, enhancements or other premium Services to enhance the EdXeno experience (“Paid Services”). The use of Paid Services is subject to the payment of fees, as determined by EdXeno, and as may be modified from time to time (“Fees”). All fees are in U.S. dollars and are non-refundable and may be charged by one of our affiliates and processed through a payment partner. Certain Paid Services and payment processing gateways may be subject to additional terms and conditions presented to you at the time of purchase, access or download. EdXeno reserves the right to refuse or cancel any order, or limit quantities purchased, at any time, in its sole discretion.
Paid Services may include a subscription that will renew on a monthly or annual (or other period) basis according to the terms of the subscription. Unless cancelled prior to the end of the then current subscription period, subscription Paid Services will automatically renew at the end of each subscription period, for a renewal period of equal duration at the then current Fees applicable to the Paid Service. By purchasing a subscription Paid Service, you acknowledge and agree that the Paid Service shall automatically renew in accordance with the above terms, and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. You may cancel auto-renewal of your subscription at any time by visiting your account management center. When a subscription is canceled, you will not receive a prorated refund, but you will continue to have access to the Paid Services until the end of the term during which you canceled the subscription.
You shall be responsible for payment of all applicable local, state, federal or foreign taxes, levies or duties of any nature, including value-added, sales use or withholding taxes ("Taxes"). If EdXeno has the legal obligation to pay or collect Taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you. By initiating an order for Paid Services, you authorize EdXeno to request and collect payment through our payment provider, and to make any inquiries necessary to validate your designated payment account or financial information. If your payment method fails or is not authorized or accepted, EdXeno reserves the right to cancel your order without notice and with no further liability or obligation to you. However, you will still be responsible to pay any Fees that are outstanding if we decide to cancel your order due to your failure to pay any Fees that are owed to us.
By purchasing Paid Services you agree that your use of the Paid Services is for your own internal use as intended by EdXeno, and your use is non-assignable, with no right to resell, reproduce or distribute. EdXeno reserves the right to cancel any Paid Services for failure to follow these Terms of Service.
EdXeno Employee Accounts:
EdXeno Employees retain access to data as part of their administrative duties. EdXeno Employees are able to view any student profile, including hidden data and private profiles.
General Guidelines for Students and Universities
The Content You Submit Belongs to You:
EdXeno does not claim ownership of any Content that you post on or through the Service. By making Your Content available on or through the Service you grant to EdXeno a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your Content only in connection with operating and providing the EdXeno Service.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the EdXeno Service will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
Our Intellectual Property Belongs to UsEdXeno Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and EdXeno, we own and retain all rights to the EdXeno Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the EdXeno Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit our Content.
The EdXeno name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of EdXeno, and may not be copied, imitated or used, in whole or in part, without prior written permission.
We reserve the right to suspend or terminate your account(s) for violation of these Terms of Service or any other policies associated with the Services.
Account and Website Security and Integrity:
While we take steps to protect your data from unauthorized access, security is a team effort. You are responsible for keeping your password secret and secure, and we encourage you to update your password regularly.
By using this Service, you agree not to change or modify the Service to falsely imply that it is associated with another website. Creating accounts through unauthorized means, including scripts, bots, or automated crawlers is prohibited, as is collecting content through crawling, scraping, or caching of user profiles without our express consent.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Service or any other EdXeno terms.
You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that we are not responsible or liable for your conduct. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
Third Party Links:
Our Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under EdXeno’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
Violation and Enforcement of These Terms:
We reserve the right to refuse access to the Service to anyone for any reason at any time. We reserve the right to force forfeiture of any username or account for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms of Service.
EdXeno is continually improving its Service, and we may occasionally offer special features or functionality which include additional Terms of Service. If any of the additional Terms conflict with the Terms described below, the additional Terms control.
Reporting Copyright and Other IP Violations:
We respect other people’s rights, and expect you to do the same. If you infringe other people’s intellectual property rights, we will disable your account when appropriate.
Disclaimer of Warranties:
The service, including, without limitation, EdXeno content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, neither EdXeno nor any of its employees, partners, managers, officers or agents (collectively, the “EdXeno parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the service; (b) the EdXeno content; (c) user content; or (d) security associated with the transmission of information to EdXeno or via the service. In addition, the EdXeno parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
The EdXeno parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the service available is free from any harmful components, including, without limitation, viruses. The EdXeno parties do not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful. You acknowledge that your use of the service is at your sole risk. The EdXeno parties do not warrant that your use of the service is lawful in any particular jurisdiction, and the EdXeno parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Service.
By accessing or using the service you represent and warrant that your activities are lawful in every jurisdiction where you access or use the service.
The EdXeno parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.
Users hereby give any consents required by law for the services to operate as set forth in these Terms of Service.
Limitation of Liability; Waiver:
Under no circumstances will the EdXeno parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the service; (b) the EdXeno content; (c) user content; (d) your use of, inability to use, or the performance of the service; (e) any action taken in connection with an investigation by the EdXeno parties or law enforcement authorities regarding your or any other party’s use of the service; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the service’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the EdXeno parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service). In no event will the EdXeno parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the EdXeno parties total liability to you for all damages, losses or causes of action exceed one hundred United States dollars ($100.00).
You agree that in the event you incur any damages, losses or injuries that arise out of EdXeno’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the EdXeno parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the EdXeno parties.
By accessing the service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
EdXeno is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.
Unless prohibited by law, You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at EdXeno’s request), indemnify and hold the EdXeno Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by EdXeno in the defense of any claim. EdXeno reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of EdXeno.
You agree that any dispute between you and EdXeno arising out of or relating to these Terms of Service, the EdXeno Service, or any other EdXeno products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of laws principles.
Informal Dispute Resolution:
We want to address your concerns without needing a formal legal case. Before filing a claim against EdXeno, you agree to try to resolve the Dispute informally by contacting us via email at email@example.com. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or EdXeno may bring a formal proceeding.
We Both Agree To Arbitrate:
You and EdXeno agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate:
You can decline this agreement to arbitrate by contacting us by email at firstname.lastname@example.org within 30 days of first accepting these Terms of Service and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures: The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Seattle, Washington, or any other location we agree to.
The AAA rules will govern payment of all arbitration fees. EdXeno will pay all arbitration fees for claims less than $75,000. EdXeno will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate: Without first engaging in arbitration or the informal dispute resolution process described above, either you or EdXeno (1) may assert claims, if they qualify, in small claims court in Seattle, Washington, or any United States county where you live or work and seek an amount up to the jurisdictional limit for individuals in such small claims court (notwithstanding any limitation on such damages set forth herein), or (2) may bring a lawsuit solely for injunctive relief (including, in the case of EdXeno, to stop unauthorized use or abuse of the EdXeno products or EdXeno Service), or for infringement or material breach of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights).
No Class Actions:
You may only resolve Disputes with EdXeno on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Judicial Forum for Disputes:
In the event that the agreement to arbitrate is found not to apply to you or your claim, you and EdXeno agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of King County, Washington. Both you and EdXeno consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the EdXeno products or EdXeno Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Governing Law & Venue:
These Terms of Service are governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. EdXeno’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and EdXeno and governs your use of the Service, unless you have a separate signed agreement with EdXeno that states it supersedes this Terms of Service.
You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of EdXeno. Any purported assignment or delegation by you without the appropriate prior written consent of EdXeno will be null and void. EdXeno may assign these Terms of Service or any rights hereunder without your consent.