Last modified: April 16, 2018
Thank you for your participation in the Simmons University (the “School”) Program. As a participant in the Program, you are required to use, access and interact with the Program’s learning management system (“LMS”), which includes all content, information, and functionality available through the 2sc.online.simmons.edu domain name, mobile applications, and any other media, telephony, software, devices or networks now in existence or developed later in connection with the program or other functionality displayed or available to you through the Program’s LMS. As used herein, the term “Program” shall mean all of the following Simmons University online programs:
2U provides the LMS as a service to the School and to you in order to facilitate the Program. You are required to use the LMS to participate in the Program, such as to attend class sessions or discussions, obtain faculty feedback, or submit assignments. You agree that 2U may record, archive and make available recordings of live class sessions through the LMS (the “Recordings”) for your reference. The Recordings may be made available to other users who access the LMS who have a need to view the Recordings as part of their participation in the Program.
In addition, by using the LMS, you acknowledge and agree that 2U or the School may communicate with you and send you administrative messages and service announcements regarding your participation in the Program (the “Program Communications”). You are not permitted to opt out of receiving the Program Communications while enrolled in the Program.
You are responsible for submitting, maintaining and updating information you submit through your account (such as your user name and password) (“Your Account Information”) to ensure that all information is and remains accurate, current, and complete. You are solely responsible for all activity associated with your account information, including your online conduct and use of the LMS and the consequences of any such use. As such, you should maintain the confidentiality of your account login and password.
The LMS contains copyrighted material (including but not limited to text, graphics, videos, images, music, sounds, source code, user generated content, and compilations of individual data), trademarks, trade names, other proprietary information, and other content such as text, graphics, images, photographs, illustrations, logos, information obtained from 2U’s licensors (collectively, “LMS Materials”). You acknowledge and agree that 2U and/or the School retains all ownership, rights, title and interest to and in the LMS Materials. You represent and warrant that you will not: (i) copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any LMS Materials (including but not limited to any LMS Materials that you download), excluding information that is in the public domain or has been licensed to you; and (ii) endeavor to ascertain any source code used in connection with the LMS.
By publishing, uploading, displaying or transmitting Your Content to the LMS, you permit and direct the School and 2U to create such copies of Your Content as may be deemed necessary in order to facilitate the posting and storage of Your Content on the LMS. By publishing, uploading, displaying, or transmitting Your Content to the LMS, you hereby grant to the School and 2U a limited, transferable, and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute, publicly perform, or publicly display Your Content. You may remove Your Content at any time, unless otherwise instructed by your professor or by the School. If you remove Your Content, you agree that the School and 2U may preserve archived copies of Your Content and that any previous uses by School and 2U prior to your removal shall remain fully permissible as set forth hereunder.
By publishing, uploading, displaying or transmitting Your Content to the LMS, you understand and agree that other users of your LMS community may access, view, store and reproduce any of Your Content posted by you on the LMS to the extent permitted herein, subject to any applicable restrictions.
2U provides the LMS to you for your personal, educational, and non-commercial use only. You agree that Your Content does not include any libelous, defamatory, or otherwise unlawful material, or violate or infringe upon the rights of any third party, including but not limited to any and all copyright, trademark, privacy, publicity, or other personal or proprietary rights.
Additionally, you represent and warrant that you will not visit or use the LMS to:
You are solely responsible for your interactions with any other individuals who visit or use the LMS and resolving any disputes that might arise due to your interactions. Notwithstanding the foregoing, the School and 2U reserve the right to monitor disputes between you and any other individual who visits or uses the LMS and to take any action that they, in their sole discretion, deem necessary up to and including termination of an individual’s access to and use of the LMS.
The LMS may contain hyperlinks to other websites and webpages (“Third-Party Websites”) as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). 2U does not investigate, monitor, or review any Third-Party Website or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. 2U is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the LMS does not indicate School’s and/or 2U’s approval or endorsement thereof. If you choose to leave the LMS to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
Trademarks, logos, and service marks displayed or otherwise used on the LMS, including, but not limited to “Simmons University” and “2U” (collectively the “Intellectual Property”), are registered trademarks of 2U and/or the School. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to 2U, the University, or their licensors, affiliates, principals, or partners. Nothing contained on the LMS should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the LMS without the written permission of 2U or the third party that may own the Intellectual Property displayed on the LMS. Your misuse of the Intellectual Property displayed on the LMS is strictly prohibited.
Any copyright owner or its agent that believes that any Materials or other content on the LMS infringes upon its copyright(s) should give written notice to 2U’s authorized agent, listed below, in accordance with the Digital Millennium Copyright Act (“DMCA”). The notice to 2U shall contain the following information:
Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to 2U’s designated Copyright Agent, firstname.lastname@example.org, 7900 Harkins Road, Lanham, MD 20706. A notice may not be valid if it fails to comply with all of the above-listed requirements.
2U PROVIDES THE LMS “AS IS” AND “AS AVAILABLE,” AND THE SCHOOL AND 2U, THEIR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE LMS WILL MEET YOUR ACADEMIC REQUIREMENTS; (B) YOUR USE OF THE LMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE LMS WILL BE ACCURATE OR RELIABLE; OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE LMS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 2U AND SCHOOL EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER SCHOOL NOR 2U, THEIR SUBSIDIARIES, AGENTS, AFFILIATES, AND LICENSORS SHALL BE LIABLE TO YOU FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL, ANY LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS; OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH 2U MAY MAKE TO THE LMS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE LMS (OR ANY FEATURES WITHIN THE LMS); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY OF YOUR CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE LMS; (III) YOUR FAILURE TO PROVIDE SCHOOL AND 2U WITH ACCURATE PERSONAL INFORMATION; OR (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON 2U’S AND SCHOOL’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT 2U AND SCHOOL HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree that 2U may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the LMS, any part thereof or any LMS Materials, temporarily or permanently, without notice or liability to you.