ACE Scholarships Terms and Conditions

These Terms and Conditions (these “Terms“) are entered into by and between you and Alliance for Choice in Education (doing business as ACE Scholarships, “ACE“). These Terms, together with any documents incorporated by reference, including the Privacy Policy, govern your access to and use of ACE’s websites, portals, applications, marketplaces, and related online services (collectively, the “Platform“).

BY ACCESSING OR USING THE PLATFORM, YOU REPRESENT THAT YOU MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

Failure to comply with these Terms may result in suspension or termination of your account, removal of content or listings, cancellation of transactions, suspension or revocation of access to scholarship funds or marketplace functionality where applicable, and any other remedies available to ACE at law or in equity.

I. Changes to the Terms

We may revise these Terms from time to time in our sole discretion. When we do, we will update the “Last Modified” date at the top of these Terms. Unless otherwise stated, changes will become effective when posted on the Platform. Your continued access to or use of the Platform after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue your use of the Platform.

II. Eligibility

The Platform is offered and available only to individuals who are at least 18 years of age and reside in the United States. If you are using the Platform on behalf of a minor, you represent and warrant that you are the minor’s parent or legal guardian and have the authority to act on the minor’s behalf. By accessing or using the Platform, you represent and warrant that you satisfy these eligibility requirements and all other eligibility requirements set forth in these Terms.

III. Scholarship and Financial Aid Programs

Your use of the Platform to apply for and receive scholarships, purchase goods or services using scholarship funds, and obtain other financial aid may also be subject to additional terms and conditions set forth in program handbooks, policies, or other documentation, each of which is incorporated by reference into these Terms. Such additional terms and conditions may include eligibility criteria, application processes, permitted uses of scholarship funds, and other program-specific requirements established by ACE and/or the scholarship programs it administers. In the event of a conflict between these Terms and any applicable program documentation, the applicable program documentation will control solely with respect to the applicable scholarship or financial aid program.

Payment processing services made available through the Platform may be provided by one or more third-party payment processors and are subject to the applicable terms and conditions and privacy policies of those providers. ACE is not responsible for any errors, delays, interruptions, or failures attributable to any third-party payment processor.

Except as expressly provided in applicable program documentation, ACE’s role is limited to administering scholarship programs and facilitating transactions through the Platform. ACE is not the seller, manufacturer, distributor, reseller, or warranty provider of any goods or services offered by participating schools, vendors, or other third parties and is not responsible for the quality, safety, legality, availability, delivery, warranties, or performance of such goods or services. Any questions, claims, or disputes relating to goods or services purchased through the Platform should be directed to the applicable school or vendor, except to the extent they relate to ACE’s administration of scholarship funds or operation of the Platform.

Submission of an application or other information through the Platform does not guarantee that you will receive a scholarship or other financial assistance. All scholarship awards are subject to applicable program requirements, eligibility verification, the availability of funding, and ACE’s final review and approval, and may be modified, suspended, revoked, or terminated in accordance with applicable program requirements or applicable law.

Without limiting your other obligations under these Terms, you agree to provide truthful, accurate, current, and complete information when applying for scholarships or other financial aid through the Platform. ACE reserves the right to verify any information submitted and to deny, suspend, terminate, or revoke any application or scholarship award, or disqualify any applicant or recipient, who provides false, inaccurate, or misleading information or otherwise fails to satisfy applicable eligibility or program requirements.

You are solely responsible for ensuring that any scholarship funds you receive are used only for authorized educational purposes and in accordance with applicable program requirements. ACE reserves the right to investigate suspected misuse of scholarship funds and, to the extent permitted by applicable law and program requirements, suspend or terminate your access to the Platform, cancel transactions, recover improperly used scholarship funds, and exercise any other rights or remedies available under these Terms or applicable program documentation.

IV. Access

To access or use portions of the Platform, you may be required to create an account and provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide is correct, current, and complete. You agree that all information you provide to register for the Platform or otherwise is governed by our Privacy Policy, incorporated herein by reference.

You must treat your access credentials as confidential, and you must not disclose them to any other person or entity. Your account is personal to you and you agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your access credentials.

V. Platform Availability and Modifications

ACE reserves the right, at any time and in its sole discretion, to modify, suspend, discontinue, or restrict access to all or any portion of the Platform, including any features, functionality, scholarship programs, marketplace offerings, or other services made available through the Platform, with or without notice, except as otherwise required by applicable law. ACE does not guarantee that the Platform, or any content, feature, product, service, scholarship program, or marketplace offering, will always be available or uninterrupted. ACE shall not be liable for any modification, suspension, discontinuance, restriction, or unavailability of the Platform or any portion thereof.

VI. Acceptable Use

The Platform is designed to:

• Enable families to apply for scholarships, manage scholarship awards, and use scholarship funds to purchase eligible educational goods and services.
• Enable schools to apply to participate in ACE scholarship programs and administer scholarship-related activities.
• Provide an online marketplace through which approved vendors and participating schools offer eligible educational goods and services that families may purchase using scholarship funds.

You may use the Platform only for its intended purposes, in compliance with these Terms and all applicable laws. In furtherance of the foregoing, you agree that you will not, and you will not attempt or otherwise authorize any third party to:

• Use the Platform in any way that violates any applicable federal, state, local, or international law or regulation;
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• Manipulate pricing, reviews, or transactions (e.g., fake reviews, bid rigging, or shill bidding);
• Engage in fraudulent, deceptive, or unlawful conduct, including misrepresenting your identity, qualifications, eligibility, goods, services, or any information submitted through the Platform;
• List, offer, purchase, sell, advertise, or otherwise distribute through the Platform any goods or services that are illegal, stolen, counterfeit, fraudulent, infringe the intellectual property rights of another, or are otherwise prohibited by applicable law;
• List or offer any hazardous, dangerous, or regulated goods or services that are not expressly authorized by ACE or applicable scholarship program requirements;
• Use the Platform or scholarship funds for any fraudulent, unauthorized, or unlawful financial activity, including money laundering or misuse of scholarship funds;
• Impersonate or attempt to impersonate ACE, an ACE employee, another user, or any other person or entity;
• Use any device, software, or routine that interferes with the proper working of the Platform or otherwise attempt to interfere with the proper working of the Platform;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Use the Platform for the purpose of exploiting or harming minors in any way;
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which may harm ACE or our users, or expose them to liability;
• Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform;
• Reverse engineer or use any process to monitor or copy any material from the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
• Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
• Create derivative works of or reproduce, modify, distribute, sell, or otherwise transfer any rights in or to any content of the Platform;
• Use or access the Platform if you are a direct competitor of ACE;
• Use or access the Platform (including any material, data, or content accessible through the Platform) to train, retrain, tune, validate, modify, update, or otherwise improve or inform any artificial intelligence (AI) models, tools, systems, or features or any other product or service; or
• Use any robot, spider, scraping, scripting, artificial intelligence, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any material, content, or data from the Platform.

In addition, you agree that you will not, and you will not attempt or otherwise authorize any third party to, submit, post, or otherwise provide through the Platform information or content that:

• Is defamatory, obscene, pornographic, indecent, abusive, offensive, discriminatory, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violates the legal rights (including the rights of publicity and privacy) of others or that contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
• Is false, inaccurate, or otherwise likely to deceive any person;
• Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person;
• Constitutes or relates to illegal, stolen, counterfeit, fraudulent, or unauthorized goods or services; or
• Violates any applicable law or regulation governing the sale or provision of goods or services through the Platform.

VII. Marketplace

ACE provides the Platform as a marketplace to facilitate transactions between participating families, schools, and approved vendors. Except as expressly provided in applicable program documentation, ACE’s role is limited to administering scholarship programs and facilitating transactions through the Platform. ACE is not the seller, manufacturer, distributor, reseller, importer, or warranty provider of any goods or services offered through the Platform and disclaims any responsibility or liability for the quality, safety, legality, accuracy, availability, pricing, warranties, delivery, or performance of any goods or services offered by participating schools, vendors, or other third parties. Any questions, claims, disputes, returns, refunds, or warranty claims relating to goods or services purchased through the Platform should be directed to the applicable school or vendor, except to the extent they relate to ACE’s administration of scholarship funds or operation of the Platform.

Users offering goods or services through the Platform represent and warrant that they possess all rights, licenses, permits, and authority necessary to offer such goods or services and that all listings and other information they submit are accurate, complete, lawful, and not misleading. Vendors are solely responsible for the content of their listings, the fulfillment of orders, compliance with applicable laws, and any warranties or representations they make regarding their goods or services. Users purchasing goods or services through the Platform agree to submit only authorized transactions and shall not engage in fraudulent payment activity, chargeback abuse, misuse of scholarship funds, or any other fraudulent or unlawful conduct.

ACE reserves the right, but has no obligation, to review, monitor, edit, remove, reject, suspend, or disable any listing, product, service, or other marketplace content that ACE determines, in its sole discretion, violates these Terms, applicable law, or applicable scholarship program requirements, or otherwise may expose ACE, its users, or the Platform to liability. ACE’s exercise or failure to exercise any such right shall not create any duty or liability with respect to any goods, services, listings, or other marketplace content made available through the Platform.

VIII. Monitoring and Enforcement

ACE reserves the right, but has no obligation, to monitor the Platform, user activity, listings, transactions, and other content for compliance with these Terms, applicable law, and applicable scholarship program requirements. In its sole discretion, ACE may refuse user registration; remove, disable, edit, reject, or restrict access to any listing, product, service, account, or other content; refuse or cancel any transaction; suspend, reverse, recover, or withhold scholarship-funded transactions it reasonably believes violate these Terms, applicable scholarship program requirements, or applicable law, or are fraudulent, unauthorized, or otherwise pose a risk to ACE or the applicable scholarship program; suspend or terminate access to the Platform or any portion thereof, including scholarship funds or marketplace functionality; and take any other action it deems appropriate in response to any actual or suspected violation of these Terms, applicable law, or applicable scholarship program requirements. ACE’s exercise or failure to exercise any such right does not create any duty or liability with respect to any user, listing, transaction, or other content available through the Platform.

ACE also reserves the right to investigate any actual or suspected violation of these Terms, misuse of scholarship funds, fraudulent activity, unauthorized transactions, or other conduct that may expose ACE, its users, or the Platform to legal or operational risk. You agree to cooperate with any such investigation and provide any information reasonably requested by ACE.

ACE may cooperate fully with law enforcement authorities, regulatory agencies, and courts in connection with any investigation or proceeding relating to the Platform or your use thereof, including by disclosing information as required or permitted by applicable law. YOU WAIVE AND HOLD HARMLESS ACE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM ANY CLAIMS ARISING OUT OF ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES IN CONNECTION WITH INVESTIGATIONS OR IN RESPONSE TO REQUESTS OR ORDERS FROM LAW ENFORCEMENT AUTHORITIES, REGULATORS, OR COURTS.

IX. Reliance on Information Posted

The information made available on or through the Platform is provided solely for general informational purposes. Although ACE strives to provide accurate and current information, we do not warrant or guarantee the accuracy, completeness, reliability, timeliness, or usefulness of any information available on the Platform. Any reliance you place on such information is solely at your own risk. To the fullest extent permitted by applicable law, ACE disclaims all liability and responsibility arising from any reliance placed on any information or materials available through the Platform by you or any other user or by anyone who may be informed of such information or materials.

The Platform may include information, listings, products, services, reviews, opinions, or other content provided by participating families, schools, vendors, scholarship programs, or other third parties. Such content is the sole responsibility of the person or entity providing it and does not necessarily reflect the views of ACE. ACE does not independently verify the accuracy, completeness, legality, availability, pricing, or quality of any third-party information, listings, goods, or services made available through the Platform and is not responsible or liable for any such content or for any transactions between users and third parties.

Nothing contained on the Platform constitutes legal, financial, tax, educational, or other professional advice. Users should consult their own professional advisors before relying on any information made available through the Platform.

X. Information About You and Your Use of the Platform

Your submission of information through the Platform is governed by ACE’s Privacy Policy, which is incorporated into these Terms by reference. By accessing or using the Platform, you acknowledge that you have reviewed the Privacy Policy and consent to the collection, use, disclosure, storage, and other processing of your information as described therein.

You represent and warrant that all information you submit through the Platform is truthful, accurate, current, and complete and that you have all rights and authority necessary to provide such information to ACE. You are responsible for promptly updating your account information to maintain its accuracy.

To the extent necessary to administer scholarship programs, process transactions, operate the Platform, comply with applicable law, enforce these Terms, protect the rights, property, or safety of ACE or others, or as otherwise described in the Privacy Policy, you acknowledge and agree that ACE may collect, use, disclose, and share your information with participating schools, scholarship programs, approved vendors, payment processors, service providers, and other third parties involved in providing or supporting the Platform and related services.

For additional information regarding ACE’s privacy practices and your choices regarding your personal information, please review our Privacy Policy.

XI. SMS Communications

If you provide your mobile telephone number and, where required by applicable law, opt in to receive text messages from ACE, you consent to receive SMS or MMS messages from ACE and our service providers. These messages may include transactional messages, such as application updates, account notifications, verification codes, scholarship status updates, payment confirmations, customer support communications, and other messages related to your relationship with ACE, as well as marketing messages, such as information about ACE programs, events, fundraising opportunities, services, and other promotional communications, if you have separately provided the express consent required by applicable law.

Your consent to receive marketing text messages is voluntary and is not a condition of applying for, receiving, or maintaining a scholarship, purchasing goods or services, or otherwise using the Platform. Message frequency may vary. Message and data rates may apply.

You may opt out of receiving marketing text messages at any time by replying STOP to any marketing message. You may receive a one-time confirmation of your opt-out request. For assistance, reply HELP or contact ACE using the contact information available on the Platform. Opting out of marketing messages will not prevent ACE from sending you transactional or service-related messages that are necessary to administer your account, process scholarship applications or awards, complete transactions, respond to your requests, or otherwise provide the services you have requested.

You represent that you are the authorized user of the mobile telephone number you provide and agree to promptly notify ACE if your mobile number changes. ACE is not responsible for messages sent to a mobile number that you have provided in error or failed to update.

ACE may use automated technology to send text messages where permitted by applicable law. Wireless carriers are not liable for delayed or undelivered messages. ACE may use third-party service providers to facilitate SMS communications and may maintain records of your consent and opt-out requests as required by applicable law. ACE reserves the right to modify or discontinue its SMS messaging program at any time. SMS communications are also subject to ACE’s Privacy Policy.

XII. Linking to the Platform and Social Media Features

You may link to the homepage of the Platform, provided that you do so in a manner that is fair and lawful, does not damage or exploit ACE’s reputation, and does not suggest any affiliation, association, approval, or endorsement by ACE without our prior written consent. ACE reserves the right to disable any links to the Platform or any social media features at any time, with or without notice, in its sole discretion.

The Platform may provide certain features that enable you to link to or share content from the Platform through social media platforms or other third-party websites. You may use such features only as provided by ACE, solely with respect to the content with which they are made available, and in accordance with these Terms and any additional terms applicable to such features. You must not: (i) establish a link from any website that you do not own or control; (ii) frame, deep link, inline link, mirror, or otherwise cause the Platform or any portion thereof to be displayed on another website or service without ACE’s prior written consent; (iii) imply any affiliation with, sponsorship by, or endorsement from ACE that does not exist; or (iv) otherwise use any linking or social media feature in a manner inconsistent with these Terms or applicable law.

You agree to cooperate with ACE in promptly removing any unauthorized link to or use of the Platform. ACE reserves the right to withdraw linking permission or disable any linking or social media functionality at any time, with or without notice.

XIII. Links from the Platform

The Platform may contain links to websites, applications, products, services, or resources provided by third parties solely as a convenience to you. Such links do not constitute or imply ACE’s endorsement, sponsorship, or recommendation of any third party or its products or services. ACE has no control over, and assumes no responsibility or liability for, the content, policies, products, services, or practices of any third-party websites or resources, or for any loss or damage that may arise from your use of them.

Your access to and use of any third-party website or service is solely at your own risk and is subject to the applicable third party’s terms and conditions and privacy policy.

XIV. Intellectual Property Rights

The Platform, including all software, content, text, graphics, images, videos, audio, designs, trademarks, service marks, logos, data, functionality, and other materials made available through the Platform (collectively, the “Platform Content”), are owned by or licensed to ACE, its affiliates, licensors, scholarship programs, partners, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.

Subject to these Terms, ACE grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform and the Platform Content solely for their intended purposes and in accordance with applicable law. Except as expressly permitted by these Terms or applicable law, you may not reproduce, modify, distribute, publish, display, perform, create derivative works from, sell, license, exploit, or otherwise use any portion of the Platform or Platform Content without ACE’s prior written consent.

The ACE Scholarships name, logo, and all related names, logos, product names, service names, designs, and slogans are trademarks of ACE or its affiliates or licensors. All other names, logos, product names, service names, trademarks, and service marks appearing on the Platform are the property of their respective owners. Nothing contained in these Terms or on the Platform grants any license or right to use any trademark without the prior written permission of the applicable owner.

ACE may, from time to time, provide webinars, educational materials, training sessions, and related content through the Platform or otherwise. Unless otherwise expressly stated, all such materials are owned by or licensed to ACE and may not be recorded, reproduced, distributed, displayed, published, or otherwise used without ACE’s prior written consent.

By submitting applications, documents, or other user content through the Platform, you represent and warrant that you have all rights necessary to submit such user content. You retain ownership of your user content; however, you grant ACE a non-exclusive, worldwide, royalty-free, fully paid-up license to use, reproduce, host, store, display, process, transmit, and otherwise use such user content to operate the Platform, administer scholarship programs, evaluate applications, facilitate transactions, comply with applicable law, enforce these Terms, and for any other purpose disclosed at the time the user content is submitted.

XV. Geographic Restrictions

The Platform is intended for use by individuals located in the United States. ACE makes no representation or warranty that the Platform or any content, functionality, products, or services made available through the Platform are appropriate or available for use outside the United States. Access to the Platform from jurisdictions where such access or use is unlawful is prohibited. If you choose to access the Platform from outside the United States, you do so at your own initiative and are solely responsible for compliance with all applicable local laws and regulations.

XVI. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for anti-virus protection, cybersecurity, and the accuracy of data input and output, and for maintaining independent means to reconstruct any lost data. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL ARISING FROM YOUR ACCESS TO OR USE OF THE PLATFORM, ANY CONTENT OR ITEMS OBTAINED THROUGH THE PLATFORM, OR ANY WEBSITE LINKED TO THE PLATFORM.

YOUR USE OF THE PLATFORM, INCLUDING ANY MARKETPLACE TRANSACTIONS, THIRD-PARTY GOODS OR SERVICES, AND ALL PLATFORM CONTENT MADE AVAILABLE THROUGH THE PLATFORM, IS AT YOUR SOLE RISK.

THE PLATFORM AND ALL PLATFORM CONTENT, INCLUDING ALL INFORMATION, GOODS, SERVICES, AND OTHER MATERIALS MADE AVAILABLE THROUGH THE PLATFORM, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. NEITHER ACE NOR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, SCHOLARSHIP PROGRAMS, PARTICIPATING SCHOOLS, VENDORS, NOR ANY PERSON ASSOCIATED WITH ACE MAKES ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, SECURITY, QUALITY, LEGALITY, AVAILABILITY, OR PERFORMANCE OF THE PLATFORM OR ANY GOODS OR SERVICES OFFERED THROUGH THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, ACE DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT SCHOLARSHIP APPLICATIONS WILL RESULT IN THE AWARD OF A SCHOLARSHIP OR OTHER FINANCIAL ASSISTANCE, OR THAT ANY GOODS OR SERVICES PURCHASED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XVII. Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACE, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM, ANY PLATFORM CONTENT, ANY THIRD-PARTY WEBSITE, ANY MARKETPLACE TRANSACTION, ANY GOODS OR SERVICES PROVIDED BY A SCHOOL, VENDOR, OR OTHER THIRD PARTY, ANY SCHOLARSHIP APPLICATION OR AWARD DECISION, OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XVIII. Indemnification

You agree to defend, indemnify, and hold harmless ACE, its affiliates, licensors, scholarship programs, service providers, and each of their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any claims, demands, actions, proceedings, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms; (ii) your access to or use of the Platform; (iii) your violation of applicable law or the rights of any third party; (iv) any user content or other information you submit through the Platform; or (v) your misuse of scholarship funds or participation in any marketplace transaction.

XIX. Governing Law and Jurisdiction

All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

XX. Waiver and Severability

No waiver by ACE of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ACE to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

XXI. Entire Agreement

These Terms, our Privacy Policy, and any applicable program handbooks, policies, marketplace terms, payment terms, and other program-specific documentation incorporated herein by reference constitute the entire agreement between you and ACE regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties relating to the Platform. Any provisions of these Terms that by their nature should survive termination of your access to or use of the Platform, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, jurisdiction, and dispute resolution, shall survive such termination.

XXII. Contact

The Platform is operated by ACE Scholarships, 5251 DTC Parkway, Suite 300, Greenwood Village, CO 80111.

All questions, feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to [email protected]. For questions or assistance regarding text messages, reply HELP to any message or contact [email protected].

Last Modified: September 2, 2026