Intersect Terms of Use 

Last updated December 16, 2019

These Terms of Use constitute a legally binding contractual agreement between you and Hobsons, Inc. (“Hobsons”), regarding your use and access to Intersect by Hobsons (“Intersect”).  By accessing Intersect, you agree to be bound by these Terms of Use, as well as the Intersect Privacy Policy and Community Guidelines, which are incorporated here by reference.

If you do not agree to these Terms of Use, please do not access or use Intersect.

You do hereby represent, warrant, and covenant that (i) you have the full power and authority agree to these Terms of Use,  (ii) you are of a legal age sufficient to agree to these Terms of Use in accordance with applicable law and (iii) where you are acting on behalf of an education institution, you have the authority to bind your education institution to these Terms of Use. .

The Services:

Intersect is a web and mobile-based platform owned and operated by Hobsons. Intersect is a matching platform that enables higher education institutions to increase awareness with high school counselors and students and to facilitate connections with best-fit students that enhance the likelihood of a successful application and subsequent enrollment.  Intersect includes access to the Hobsons Counselor Community, which connects K-12 school counselors with higher education admissions officers in a community environment to better support students’ education pathways.  Intersect offers users the ability to learn about their respective institutions, connect with each other and collaborate in community forums.

Intellectual Property:

Hobsons’ trademarks, trade dress, service marks and logos, including but not limited to Hobsons’ graphics, logos and designs (collectively, the “Marks”) are proprietary to Hobsons and are registered and/or common law trademarks of Hobsons, and may not be copied, imitated or used in any manner, in whole or in part, without the prior written permission of Hobsons. 

Hobsons’ Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any other product or service in any manner without Hobsons’ prior written approval, which Hobsons may withhold in its sole and absolute discretion.  

Data Transfers

Intersect is based in the United States, and personal information from users outside the United States will automatically be transferred to the United States.  Note that the United States has not received an adequacy decision from the European Union regulatory authorities, as described in the General Data Protection Regulation (“GDPR”).  Hobsons transfers your information outside of the EEA under Article 49 of the GDPR, with your consent to these Terms, which serve as a binding contract between you and Hobsons, as the transfer is necessary for the performance of the agreement set forth in these Terms of Use, and where the transfer is necessary in connection with legal proceedings.

Privacy:

Hobsons is committed to protecting your privacy, and maintain a comprehensive Privacy Policy, available here: https://www.powerschool.com/privacy/.

Customer and User Representations: 

By using and/or registering for Intersect, you represent and warrant that:

o   You are a school, district or higher education institution (collectively, “Customer”) or an employee authorized by your education institution to create and maintain an individual account for Intersect (“User”), regardless of whether or not the Customer maintains a separate contractual agreement for the use of Intersect.

o   Your registration information is wholly accurate.

o   You have the sole responsibility for maintaining the accuracy of their institution pages and content as long as you are a Customer or User of Intersect

o   You will keep your account credentials, including your user name and password, confidential and will be responsible for all use of your account. 

o   You will use Intersect in compliance with all applicable laws and regulations and Hobsons’ policies.

o   You are responsible for compliance with all applicable laws related to your use, handling, access and retention of User or student data accessed and made available to you through your use of Intersect, including, but not limited to data you export through the use of Intersect features.

Community Content:

Within Intersect, users may create notes, post content, or communicate with other users (“Content”).  When you post Content to a message board or similar features, that Content will be accessible to other users.  You are solely responsible for your Content and its accuracy, and represent and warrant that you have all necessary rights, releases, authority, and permissions to post your Content, and that it is free of viruses, worms, Trojan horses, malicious code or other harmful or destructive elements.  If Hobsons discovers that any Content is infected, the applicable Content will be rejected with no notice to you.

Hobsons takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage resulting therefrom, nor will Hobsons assume any liability for any mistake(s), defamation, slander, libel, omission(s), falsehood(s), obscenity, pornography or profanity you may encounter. As a provider of interactive services, Hobsons is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area. Although Hobsons has no obligation to screen, edit or monitor any of the Content, Hobsons reserves the absolute right, and has the absolute authority to do so in relation to any Content stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and/or replacing any Content you post  at your sole cost and expense.

By submitting Content, you grant Hobsons an irrevocable, non-exclusive, worldwide, perpetual, royalty-free right and license to publish and distribute such Content within Intersect, subject to the terms of the Hobsons Privacy Policy.  

You may remove your Content from Intersect at any time.  However, if Hobsons has or you have shared Content with others, the Content that resides in other locations cannot be deleted.

Content is provided for informational purposes only.  Availability of Content does not suggest or imply approval or endorsement by Hobsons, and Hobsons is are not responsible for that Content.

Security / Code of Conduct:

Your use of Intersect is subject to restriction and/or revocation for security purposes as determined by Hobsons.  Intersect is provided to you "AS IS" for your informational purposes only.  You may not: 

• Restrict or inhibit any other user in any way from using and enjoying Intersect. This may include, without limitation: (a) using, or attempting to use, any account without the owner's permission, (b) obtaining or soliciting another person's password or other personal information under false or misleading pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to Hobsons, Intersect, or other individuals or entities.
• Interfere with, attempt to interfere with or violate, defeat or circumvent any security or operational function of  Intersect or attempt to gain unauthorized access to Intersect, data, materials, information, computer systems, or networks connected to any service associated with the Service, through hacking, password timing, or other means.  Such attempts may subject you to civil and/or criminal penalties.
• Take or attempt any action that, in the sole discretion of Hobsons, imposes or may impose an unreasonable or disproportionately large load or burden on Intersect or the infrastructure of Intersect.
• Use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of Intersect or any Content without the prior express written consent of Hobsons.  
•  Copy, reproduce, decompile, disassemble, reverse engineer, publish, distribute, display, exhibit, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of Intersect or any Content, provided that you retain any and all copyright to any Content you provided.
• Post, upload to, transmit, distribute, store, create or otherwise knowingly publish any inaccurate or misleading information.
• Post, upload to, transmit, distribute, store, create or otherwise publish any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable information or material, all as determined by Hobsons in its sole discretion.
• Use Intersect to post, upload to, transmit, distribute, store, create or otherwise publish any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component. 
• Post, upload to, transmit, distribute, store, create or otherwise publish any material protected by copyright, trademark or other related law or regulation without the express permission of the owner of such right, it being understood and agreed that the burden of determining that any material is not protected by the applicable intellectual property law rests with you.  You are solely responsible for determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party's rights, and you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
• Use Intersect for any unlawful purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with these Terms of Use.
• Use Intersect for any commercial purpose, advertising, promotion, solicitation of funds, or for resale or any transfer or disposition to, or use by or for the benefit of, any person or entity.

Links:

Intersect contain links to websites provided by Customers and Users.  As with Content, these links are provided for information purposes only.  Inclusion of these links does not suggest or imply approval or endorsement by Hobsons, and Hobsons is not responsible for the information available via these links.  

When you exit Intersect and access any third party website(s), you should be aware that our terms and privacy policy no longer apply.  Third party websites have their own applicable terms and privacy policies, and Hobsons encourages you to read them.

Management of Intersect:

Hobsons reserves the right, but does not have the obligation to:

-        monitor Intersect for violations of these Terms of Use

-        take legal action against anyone who is in breach of these Terms of Use, including without limitation, reporting such user(s) to law enforcement authorities

-        without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user Content that may breach these Terms of Use or any Intersect policy

-        terminate the account of repeat violators of these Terms of Use

-        block access of certain IP addresses

-        manage Intersect in a manner designed to protect our rights and property, and that of others, and to facilitate the proper functioning of Intersect 

Term and Termination: 

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, HOBSONS, IN ITS SOLE DISCRETION, RESERVES THE RIGHT, WITHOUT NOTICE OR LIABILITY, TO DENY ANY PERSON ACCESS TO AND USE OF INTERSECT, WITH OR WITHOUT CAUSE; INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT HEREIN OR BREACH OF ANY APPLICABLE LAW OR REGULATION. HOBSONS MAY TERMINATE YOUR USE OF INTERSECT AND DELETE YOUR PROFILE AND CONTENT YOU HAVE POSTED AT ANY TIME, WITHOUT ANY PRIOR NOTICE, WRITTEN OR OTHERWISE.

Modifications: 

Hobsons may modify these Terms of Use from time to time. Any such modifications will be posted on Intersect and the date above will be updated.  Your continued use of Intersect indicates your agreement to comply with all effective modifications to these Terms of Use.  Hobsons will not modify the terms of our contractual agreement with the institution that purchased Intersect for its employee use without mutual written agreement.

Disputes: 

Hobsons is under no obligation to become involved in any dispute between Customers and Users of Intersect. You hereby release Hobsons and its affiliates and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from claims, demands and damages arising out of any such dispute. 

Governing Law; Jurisdiction:

These Terms of Use shall be governed and construed by the laws of the State of Ohio excluding such state's conflicts of law rules. Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to Intersect or any Content, whether sounding in contract, tort or otherwise, shall be exclusively heard in state or federal courts in Cincinnati, Ohio, and you agree to submit to the jurisdiction of such courts. Notwithstanding the foregoing, Hobsons may seek preliminary injunctive relief from any court of law in the event of a breach of these Terms of Use by you.

No Warranties:

HOBSONS MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES ABOUT THE RELIABILITY, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF INTERSECT OR ANY CONTENT, AND HOBSONS SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS, VIRUSES OR OTHER HARMFUL COMPONENTS.  INTERSECT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU AGREE THAT YOU USE INTERSECT AND THE CONTENT AT YOUR OWN RISK. HOBSONS RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE INTERSECT AT ANY TIME WITHOUT NOTICE.  YOU AGREE THAT HOBSONS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF INTERSECT.

Limitations of Liability: 

IN NO EVENT SHALL HOBSONS OR ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF INTERSECT OR ANY CONSENT, ANY DELAY OR INABILITY TO USE INTERSECT OR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF INTERSECT OR ANY CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HOBSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HOBSONS AND YOU.  NEITHER INTERSECT NOR ANY CONTENT WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS.  Some states do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case Hobsons’ liability shall be limited to the maximum extent permitted by applicable law.

Indemnity: 

You agree that you are solely responsible for your behavior in connection with the use of Intersect.  Hobsons shall not be liable for claims made against you or Hobsons arising out of your use of Intersect, and you agree to defend, indemnify, and hold harmless Hobsons and its affiliates and all of their respective employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of Intersect or any Content or any breach by you of these Terms of Use.   This may include, without limitation, (i) your use or someone using your computer’s use of Intersect, (ii) use by someone using your account, (iii) a violation of these Terms of Use by you or anyone using your computer (or account, where applicable), (iv) a claim that any use of Intersect or any Content by you or someone using your computer or account, where applicable, infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions, or alterations to, or any unauthorized use of, Intersect or any Content by you or someone using your computer, or account, where applicable, (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. Hobsons reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Hobsons. You agree to cooperate fully in Hobsons’ defense of any claim.

Digital Millennium Copyright Act (DMCA):

Hobsons reserves the right to remove material on Intersect which allegedly infringes another person's copyright. If you believe in good faith that material hosted on Intersect infringes on your copyright, please send us written notice requesting that the material be removed.  Notice must include the following information: (i) your name, address, telephone number and email address; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the alleged infringing material is located (for example, the URL); (iv) a statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (vi) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices for Intersect should be sent to: Matthew S. Kelman. Esq., 53 West 23^rd Street, 12^th Floor, New York, New York 10010.

Miscellaneous: 

Hobsons’ failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. In addition, Hobsons shall not be responsible or liable for any loss, damage, delay or failure to act due any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use are unlawful, void or unenforceable, that provision or part of the provision is deemed severable from the remaining Terms of Use and does not affect the validity and enforceability of any remaining provisions. Intersect is controlled and operated by Hobsons from its offices within the United States.  Hobsons makes no representation that Intersect or any of the Content is appropriate or available for use in other locations, and access to them from territories where Intersect or any of the Content is illegal is prohibited. Those who choose to access Intersect from other locations do so of their own volition and are responsible for compliance with applicable local laws.

Contact Hobsons:

If you have any questions about these Terms of Use, please contact us at:

Hobsons, Inc. 

400 E-Business Way, Suite 400
Cincinnati, OH 45241 

Attn: Intersect Support 

Email: intersectsupport@eab.com

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