Updated June 23, 2026
These Terms of Service (“Terms”) are an agreement between E3n (“E3n,” “we,” “us” or “our”), and you (“you” or “your”), both personally (even if you are merely visiting the site) and, if you open an E3n account on behalf of yourself or your family, a school, company, organization, or other entity (the “Account Holder”) such Account Holder as well as any person(s), including any student(s), authorized to use the account under the auspices of the Account Holder (“Users”) authorized to access E3n products, services, and/or other offerings including, but not limited to: the admission and test suite, professional development, test interpretation services, workshops, data analysis, research, and other services and all of our websites, including enrollment.org, admission.org, and ERBlearn.org (collectively, the “Services”), concerning your and your Users’ access to and use of the Services.
Your use of certain Services may require you to agree to additional terms, conditions, and policies (collectively, “Service Specific Terms") and may include additional terms or policies of third party service providers (“Third Party Terms.”) Any Service Specific Terms, including any Third Party Terms, will be communicated to you when you register or access a particular Service.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. THEY SET FORTH THE LEGALLY BINDING AGREEMENT THAT GOVERNS YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, AS WELL AS ANY SERVICE SPECIFIC TERMS (INCLUDING ANY APPLICABLE THIRD PARTY TERMS) YOU, YOUR INSTITUTION, AND YOUR USERS MUST NOT ACCESS, BROWSE, OR USE THE SERVICES.
Subject to these Terms, E3n grants the Account Holder a personal, non-exclusive, non-transferable, revocable right to use the Services solely for its non-commercial purposes as set forth herein.
The rights granted to you in these Terms are subject to your agreement that you will not:
Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Services for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of such materials in connection with each operator’s public online search service. We reserve the right to revoke this permission either generally or in specific instances.
E3n reserves the right, in its sole discretion, to terminate, suspend, or modify your Account or your registration with, or access to, all or any part of the Services, without notice, at any time and for any reason.
You acknowledge and agree that, except as expressly set forth in these Terms, E3n will have no obligation to provide you with any support or maintenance in connection with the Services. Without limiting the foregoing, you are responsible for meeting and maintaining the minimum technical requirements to use the Services, such as with respect to devices, operating systems, and browser versions. Access to Services may require internet access for which E3n is not responsible. Certain Services may also be made available to you via mobile devices. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device.
E3n may offer certain Services as closed (limited to a select group of users) or open (available to the public) trial, pilot or beta services for the purpose of testing and evaluation (all referred to herein as “Beta Services”). You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your registration for any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that E3n will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
To purchase Services you must have an E3n Account (“Account”.) E3n does not permit children to subscribe directly to the Services. If you are under eighteen (18) years of age, you may only use the Services at the direction of the Account Holder or through a purchase your parent or guardian makes on your behalf.
You represent and warrant that all information provided to E3n 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. The permission to establish your Account is personal to the Account Holder and cannot be shared with or otherwise used by any other individual or entity. 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. E3n may access, refuse service, place restrictions on, remove or edit content in, or suspend or terminate your Account if E3n suspects any information provided by you is untrue, inaccurate, incomplete, not current, misleading, or fraudulent.
“User Content” means any and all information and content that a User submits, uploads, displays, posts, or otherwise transmits to or through the Services, including any logos, trademarks, trade names and other similar identifying material. We claim no ownership rights over User Content created by you. You must have the legal right to the User Content you submit to the Services. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate these Terms. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by E3n.
“Feedback” means any and all communications, content or material, including, without limitation, any personal or commercial information, idea, concept, know-how or invention, you submit through your use of the Services.
You may submit User Content and/or Feedback, so long as such content is not proprietary, confidential, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, contrary to the E3n Community Guidelines, or otherwise injurious to third parties or objectionable, as determined in E3n’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.
Subject to these Terms you hereby irrevocably grant to E3n an unrestricted, worldwide, perpetual, sublicensable (through multiple tiers), royalty-free fully paid, worldwide license to use, reproduce, display publicly, perform, publish, transmit, distribute and otherwise exploit such User Content and/or Feedback in any medium and for any purpose, and to grant sublicenses of the foregoing rights, as necessary from time to time to provide the Services. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of any User Content and/or Feedback provided to us that you may have under any applicable law under any legal theory. You agree that you will not submit to E3n any information or ideas that you consider to be confidential or proprietary. This license continues even if you stop using the Services and/or terminate your Account. Certain Services may offer you ways to access and remove content that has been provided to that Service. Also, in certain Services, there are terms or settings that narrow the scope of E3n’s use of the content submitted in those Services.
We reserve the right (but have no obligation) to review any User Content and/or Feedback that you provide to or through the Services, and to investigate and take appropriate action against you in our sole discretion for any violation of these Terms or if you otherwise create liability for us or any other person. Such action may include but is not limited to removing or modifying such User Content and/or Feedback, or terminating your account.
Participation in our Services will often include the collection or creation of data, including from time to time personally identifying information. E3n is dedicated to the appropriate use and protection of such information, and transparency regarding the foregoing. The policies linked below describe our curation and protection of data by Service:
If you are accessing Services via the E3n website, the privacy policy associated with the Service you are accessing will apply. These Privacy Policies are incorporated by reference into these Terms. In addition, offerings from, or made in conjunction with, third parties (including virtual and in-person events, including conferences, educational seminars, and school fairs) may be governed by their own Privacy Policies, which will be disclosed to you at the time of purchase. If you do not agree to the applicable Privacy Policy, please do not make use of the Services.
You acknowledge that the Services, and all text, graphics, audio and video recordings, images, video, animations, content, materials, data, and other information included in, or made available to you through the Services, the design and coding of the Services, all computer programs used and licensed in connection with the Services, the look and feel of the Services, and all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets therein (“E3n Intellectual Property”), are owned by E3n and/or third parties from whom E3n licensed them (“Licensors”) and are protected by United States and international copyright laws. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. E3n Intellectual Property may not be distributed, downloaded, uploaded, modified, reused, performed, reproduced, reposted, retransmitted, disseminated, sold, published, broadcast, or circulated, or otherwise used in any way whatsoever without our express written permission. E3n and its Licensors reserve all rights not granted in these Terms, and there are no implied licenses granted under these Terms.
Your use of the Service(s) is dependent upon your payment of the associated Fee(s.) Failure to do so will result in termination of the Service(s.) Please note that prices and charges are subject to change with notice.
Certain Services may make links available to third-party websites that are neither owned nor operated by E3n. We have no control over these linked websites, are not responsible for the content or applications made available through them, and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion. Your choice to access other websites is your own, and you should review and comply with all terms relating to such websites. E3n reserves the right not to link, or to remove the link, to any website or third-party application at any time.
To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify E3n, its subsidiaries, affiliates, business partners, licensors, service providers, and clients, and their respective officers, employees, agents and representatives (“E3n Parties”) from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees to the extent arising from your violation of these Terms or any applicable law. You further agree that E3n shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in an enforceable written agreement between you and E3n.
The Services are hosted in the United States. If you are located outside of the United States and you contact us, please be advised that any information you provide to us will be transferred to the United States and that by submitting information, you explicitly authorize such transfer. We make no claim that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.
Where E3n has provided you with a translation of the English language version of information on E3n websites, you agree that the translation is provided for your convenience only and that the applicable English language versions will govern your relationship with E3n. If there is any contradiction between the English language version of information on E3n websites and the translation, the English language version will take precedence.
These Terms will remain in full force and effect for so long as you use the Services. E3n reserves the right at any time to modify or temporarily discontinue the Services or any part thereof with or without notice, including but not limited to for your use of the Services in violation of these Terms. You agree that E3n shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Services. In the event of permanent discontinuance of the Services for other than your terminable offense, E3n’s liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription.
Your Account and/or your use of individual Service(s) may be terminated by E3n upon written notice (i) if you fail to pay any amount when due hereunder (including any amount due and owing for your use of the Services) and such failure continues for ninety (90) days after your receipt of written notice of nonpayment; or (ii) if you breach any material provision of these Terms, including any Third Party Terms, and/or any obligations under the applicable Privacy Policies, and either the breach cannot be cured or, if the breach can be cured, you have not cured such breach within fifteen (15) days after receipt of written notice of such breach.
You may also terminate your Account upon provision of updated Terms by E3n to which you do not acquiesce.
Upon termination, your account and right to access and use the Services will terminate immediately. You understand that any termination of your account may involve deletion of any content, information or materials associated with your account from our databases. E3n may, at its sole discretion, permit continued, limited access for users of the account for a limited time after the conclusion of the term. If an accountholder or any of its users wishes to save or maintain any data, it is the accountholder and its user’s sole obligation to download such data before the conclusion of the term. Once the term of an account ends, E3n may delete data relating to an account in accordance with these Terms and the Privacy Policy.
Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3, 4, 5, 8, 10, 11 - 14, 18 and 19.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND E3n (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM E3n OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN AN AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
E3n reserves the right to make corrections, enhancements, improvements, and other changes to the Services, and to discontinue any E3n Service, or product or service or any component thereof. E3n 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 E3n components or services are used. Information published by E3n 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 E3n under the patents or other intellectual property of E3n.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL E3n NOR ANY E3n PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL E3n NOR ANY E3n PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EXCEED THE TOTAL AMOUNT YOU PAID TO E3N IN THE PRIOR TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of New York, including its statutes of limitation but without reference to conflict or choice of law provisions that would result in the application of the laws of any other jurisdiction.
Any controversy or claim between or among the parties, including those arising out of these Terms or the delivery of any Services shall be determined by arbitration. The arbitration shall be conducted in New York City, New York, in accordance with the United States Arbitration Act (Title 9, U.S. Code) and under the Commercial Rules of the American Arbitration Association (the "AAA"). The arbitrator(s) shall give effect to statutes of limitation in determining any claim. Any controversy concerning whether an issue is arbitrable shall be determined by the arbitrator(s). Judgment upon the arbitration award may be entered in any court having jurisdiction.
ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to E3n at the contact designated in Section 21 below:
Any notices to you may be made via either email or postal mail to the address in E3n’s records or via posting on the Services. Please report any violations of these Terms to E3n at the contact listed below.
E3n may, in its sole discretion, modify or update these Terms from time to time, which will be reflected in the “Last Updated” line set forth above . If such changes are material, we will additionally notify you that material changes have been made to these Terms. Your continued use of the Services following such an update constitutes your acceptance of the revised Terms. If you do not agree to any of the terms in this Agreement or to any future terms in a future revision of this Agreement, do not use or access (or continue to access) the Services. Notwithstanding the foregoing, E3n will provide notice to the Account Holder in advance of making any material change to these Terms that relate to the collection or use of Student Data.
The communications between you and E3n use electronic means, whether you use the Services or send us emails, or whether E3n posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from E3n in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that E3n provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
E3n is located at the address listed below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
These Terms constitute the entire agreement between you and us regarding the use of the Services and supersedes any and all prior understandings and agreements between us respecting such subject matter, except that if you or your Institution have executed a separate written agreement with us governing your use of the Services, then such agreement shall control to the extent that any provision of these Terms conflicts with the terms of such agreement. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party to these Terms is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without E3n’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. E3n may freely assign these Terms, and in such case, these Terms shall be binding upon assignees.
The order of precedence should a conflict arise among the various terms is as follows:
E3n is the owner of a broad portfolio of intellectual property, including but not limited to tests and related materials, as well as a number of legally valid copyrights and trademarks (the “E3n Intellectual Property”). The use of the E3n Intellectual Property does not in any way transfer any rights of ownership, rights of derivative use, or moral rights to You. Any unauthorized use of the E3n Intellectual Property will be considered a material breach of this Agreement, and shall trigger E3n’s rights under Section 10 hereof, and all remedies available to E3n by law or equity.
If you are a copyright owner or their agent and believe that content on the E3n Website or any of its subdomains, or on any E3n web application or mobile app, or in any part of the Services infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c) (3)), as set forth below with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) 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; and (vi) 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.
Notification of copyright infringement should be sent by mail or email to the contact designated below.
30 Vreeland Dr Suites 5 & 6
Skillman, NJ 08558
E-mail: legal@e3n.org
Attention: General Counsel