GradSchoolMatch™ Platform Terms and Conditions

Last updated: March 18, 2022

The GradSchoolMatch website at www.gradschoolmatch.com ("Website") is an internet platform maintained by Educational Testing Service (“ETS”) and its respective divisions, subsidiaries and affiliates.

By using this Website, you agree to be bound by these Platform terms of use ("Terms") and the GradSchoolMatch Privacy Notice ("Privacy Notice"). If you do not agree with these Terms or the Privacy Notice, please do not use this Website.

If you have any questions about these Terms, please contact us via email at hello@gradschoolmatch.com.

Accounts

When you create an account on GradSchoolMatch, you represent and warrant that you are above the age of 18, and that the information you provide us is accurate, complete and current. You must provide a valid email address to create an account. The email address and other personal information you provide will be used by ETS in accordance with the Privacy Notice.

If you are a creating an account as a representative of a graduate school or graduate program (“Recruiter”), you represent and warrant that you are authorized by your institution to create this account and your use of the Website will be solely for official school business. ETS reserves the right to verify your identity and authority prior to creating your account.

ETS reserves the right to suspend or terminate any account without notice if the account was created with inaccurate, incomplete or obsolete information. ETS may also suspend or terminate any account without notice, if that account is used for any inappropriate purpose, including any violation of these Terms.

You are responsible for maintaining the confidentiality of your account login credentials. You understand that you are responsible for all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Communications

Communications to You

By creating an account, you agree that ETS may contact you, including by sending you newsletters, marketing or promotional materials and information about other ETS products and services. You may opt out of receiving any, or all, of ETS’ commercial communications by following the unsubscribe link or instructions provided in any email we send. You also have the option to select the frequency of notifications in your account settings. If you opt-out, we may still send you communications related to your account or as needed to provide the GradSchoolMatch services.

You also agree that other users of the Website, such as recruiters, may contact you, based on your actions on the Website and subject to your privacy settings. Please read the Privacy Notice to learn more. If you receive any unwanted communications via the Website, please contact us at hello@gradschoolmatch.com so that we can investigate the matter.

Communications to Other Users

If you use the Website to connect with other users, either as a student (connecting with schools) or as a Recruiter (connecting with students), you agree that:

  • You are the sole sender of the communications, including (without limitation) ensuring the accuracy and appropriateness of the contents of such communications. You are solely responsible for complying with all laws applicable to such communications. Any use of the Website to send inappropriate communications will result in termination of your account.
  • You will not send any communications to any other user if that user indicates that they do not wish to receive further communications from you. Failure to respect other users’ communications preferences will result in termination of your account.

Content

Content You Share

The Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material ("Content"). You are responsible for the Content that you post on or through the Website, including its legality, reliability and appropriateness.

By posting Content on or through the Website, you represent and warrant that: (i) you own the Content and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. ETS has the right but not the obligation to monitor and edit all Content provided by users.

You retain all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Website. However, by posting Content on this Website, you hereby grant ETS an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, worldwide and perpetual license to reproduce, distribute, publicly display, make derivative works of and otherwise use the Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not; provided, however, that all processing of personal information by ETS will limited by the terms of the Privacy Notice. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content subject to these Terms. You hereby disclaim any right to any compensation from ETS in connection with ETS' exercise of its license rights in and to the Content. You agree to indemnify and hold ETS harmless from all actual and incidental costs and fees associated with ETS' defense of any claims arising from Content, including, but not limited to, all attorneys' fees.

GradSchoolMatch Content

All Content on this Website provided by ETS is protected by applicable law, including but not limited to our text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models and software (the "Contents"). This Content is the property of ETS or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries. Except as otherwise expressly permitted under these Terms, you may download, display and print the Contents solely for your personal, private and noncommercial use. You may not modify the Contents in any way and you keep intact all copyright, trademark and other proprietary notices. You may not otherwise copy, store (either in hard copy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to or otherwise use the Contents in any manner inconsistent with the rights of ETS, including, but not limited to, use of the Contents for any commercial purpose, without the express written permission of ETS.

ETS Trademarks

For guidelines on the proper informational use of ETS trademarks, please refer to the Guidelines for the Proper Informational Use of ETS Trademarks.

Use of the Website by Recruiters

Recruiters may use the Website to update information about their institution’s graduate programs. Recruiters may also view student profile data (as permitted by the student’s privacy settings) and see which students have bookmarked their programs.

Recruiters can purchase subscriptions for their graduate programs that allow them to contact and actively recruit students. Subscriptions are at the program level, although your institution may receive pricing discounts if the Website is used for multiple programs within the department, college, or university. If you purchase one or more subscriptions:

  • Your use of the Website is governed by (1) these Terms, (2) all policies and procedures established by your institution for recruiting and (3) applicable law.
  • You will receive notice when a student user bookmarks your program, and you may contact the student via the Website. You may also bookmark the student, creating a bi-directional connection, that allows you to have access to the student’s email addresses. You may export the student’s email address and use it to communicate with the student directly. All such communications must be made in accordance with applicable law and your institution’s policies and procedures, including but not limited to procedures for respecting email opt-out requests.
  • You may designate other users who participate in recruiting for your program (“Collaborators”) to use the Website for recruiting purposes. You are solely responsible for credentialing any such Collaborators and managing their use of the Website. You represent and warrant that their use of the Website and the Contents will at all times comply with (1) these Terms, (2) all policies and procedures established by your institution for recruiting and (3) applicable law
  • Our invoices contain terms for our premium subscription service, including but not limited to pricing and payment terms. By purchasing a subscription, you agree to be bound by these terms.

Changes to the Website

ETS may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time. ETS may also impose limits on certain features and services or restrict your access to parts of or the entire website without notice or liability.

Changes to the Platform Terms and Conditions

ETS reserves the right, at its sole discretion, to modify or update these Terms at any time. We will use commercially reasonable efforts to provide 30 day’s prior notice of any material change (as determined in our sole discretion). Such notice may be provided via email or by posting a notice on the Website. By continuing to use the Website or the Contents after change become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

No Warranties or Liability

THE WEBSITE AND CONTENTS ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. ETS, ITS LICENSORS/PROVIDERS AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE, CONTENTS AND/OR PRIVACY NOTICE.

ETS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ETS ASSUMES NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN CONNECTION WITH THIS WEBSITE, THE CONTENTS AND PRIVACY POLICY.

IN NO EVENT SHALL ETS BE LIABLE TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE, ANY CONTENT AND THE PRIVACY NOTICE. IN PARTICULAR, NEITHER ETS NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR AGENTS WILL BE LIABLE TO YOU (OR TO YOUR INSTITUTION) OR TO ANY OTHER USER OR PERSON FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOSS OF PRIVACY, SECURITY OR DATA, FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF LACK OF NEGLIGENCE OR OF WORKMANLIKE OR PROFESSIONAL EFFORT), OR FOR ANY OTHER INDIRECT DAMAGES WHATSOEVER, THAT ARISE OUT OF OR ARE RELATED TO THE WEBSITE OR THE GRADSCHOOLMATCH SERVICE VEN IF ETS (OR AN AFFILIATE, SERVICE PROVIDER OR AGENT) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION.

Indemnity

You agree to indemnify, defend and hold harmless ETS and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of claims by a third party relating to your use of this Website, or any breach or violation of these Terms or any other terms and conditions contained on this Website.

Links to Other Websites

This Website includes many links to third-party sites, including educational sites, of possible interest to learners of all ages, educators and parents. You may access these sites directly or through this Website. You may also be subject to the terms of use and privacy policies of these other websites. Links from this Website to other websites are provided solely for your convenience. You understand that should you leave this Website via a link, the content of that third-party site is not provided or endorsed by ETS, and ETS has not reviewed or approved the terms of use or other policies governing such sites. ETS does not monitor, make any representation with respect to or assume any liability for any third-party sites, including, without limitation, any products or services that are advertised or made available for purchase through such sites.

Copyright Infringement

ETS is committed to respecting others' intellectual property rights, and we ask our users to do the same. ETS may, at its sole discretion, terminate the accounts or access rights of users who violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please deliver the following information to ETS' Copyright Agent:

  • an electronic or physical signature of the person authorized to act on behalf of the copyright owner
  • a description of the copyrighted work that you claim has been infringed
  • a description of where the material that you claim is infringing is located on our Website
  • your address, telephone number and email address so that we may contact you
  • a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
  • a statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

ETS' Copyright Agent for notice of claims of copyright infringement on our Website can be reached as follows:

ETS
Office of the General Counsel
Rosedale Road
Mail Stop 01-J
Princeton, NJ 08541USA

A copy of the notice and supporting materials should also be submitted electronically to dmca.agent@ets.org.

Governing Law and Jurisdiction

You agree that any claim, action or proceeding arising out of the Terms of Use, or your use of this Website, shall be governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to principles of conflict of laws. Any claim, action or proceeding related to the Terms of Use will be resolved exclusively in the state or federal courts located in the State of New Jersey and you consent to the jurisdiction of those courts.