Learning Management System Services
The 2GU Website is part of a web-based learning management system (“LMS”) that connects students, faculty and administration in the NHS online program.
In order to use the services provided on the 2GU Website (“Services”), you must obtain access to the World Wide Web and maintain all equipment and software necessary to obtain access to the Website.
You acknowledge and agree that the Services may include communications from 2U including, but not limited to, administrative messages and service announcements. You enable these communications upon your registration for the NHS online program, and you are not permitted to opt out of receiving them while enrolled in the program.
Account Information Obligations
You warrant and represent that all information provided by you within the 2GU Website is accurate, current and complete. You are responsible for maintaining and updating your account information to ensure that all information remains accurate, current and complete. If you provide information that is not accurate, current or complete, or if 2U has reason to believe that information you provided is not accurate, current or complete, 2U (in conjunction with the Georgetown University, its subsidiaries, officers, directors, employees, other affiliates, agents or assigns (collectively “Georgetown”)) has the right to suspend or terminate your account and reject any and all future use of the Services by you.
You are solely responsible for all activity associated with your account login and password, including, but not limited to, online conduct, use of the Services, and consequences of misuse of the Services. You are solely responsible for maintaining the confidentiality of your account login and password. You are required to notify 2U at firstname.lastname@example.org immediately of any unauthorized use of your account login and password. Please include “Unauthorized Access” in the subject line of any email submitted.
You acknowledge and agree that, as between you and 2U, 2U owns and retains all propriety rights in the 2GU Website. The 2GU Website 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 and other proprietary information (collectively, “Proprietary Information”). You warrant and represent that you will not copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any Proprietary Information (including but not limited to any Proprietary Information that you download), excluding information that is in the public domain or has been licensed by you to Georgetown or 2U. Additionally, you further warrant and represent that you will not endeavor to ascertain any source code used in connection with the 2GU Website.
User Contributed Content
By publishing, uploading, displaying or transmitting Content to the 2GU Website, you permit and direct Georgetown and/or 2U to create such copies of your Content as may be deemed necessary in order to facilitate the posting and storage of Content to the 2GU Website. By publishing, uploading, displaying or transmitting Content to the 2GU Website, you grant, and warrant and represent that you are capable of granting, to Georgetown an unlimited, transferable, irrevocable, fully paid and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit for any purpose, commercial, advertising or otherwise, any Content posted by you on the 2GU Website. You may remove any Content posted by you on the 2GU Website at any time, unless otherwise instructed by your professor or by Georgetown. If you remove the Content posted by you on the 2GU Website, the above-granted license will expire immediately; however, you acknowledge and agree that Georgetown and/or 2U may preserve any and all archived copies of your Content, and you agree that any previous uses by Georgetown and/or 2U prior to you removal, or derivative works created by 2U and/or Georgetown from such previous uses (including where incorporated into other works and materials), shall remain fully permissible as set forth hereunder.
By publishing, uploading, displaying or transmitting Content to the 2GU Website, you permit other members of the 2GU Website community to access, view, store and reproduce any Content posted by you on the 2GU Website to the extent permitted herein, subject to any applicable restrictions.
By publishing, uploading, displaying or transmitting Content to the 2GU Website, you grant all ownership rights to your Content, and any intellectual property rights and/or any other proprietary interests associated with your Content, to Georgetown.
User Code of Conduct
You acknowledge and agree that the 2GU Website is made available to you for your personal, academic and non-commercial use only. You warrant and represent that the Content submitted, posted, transmitted or shared by you on or through the 2GU Website shall 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 warrant and represent that you will not visit or use the 2GU Website to:
- publish, upload, display, transmit or otherwise make available any Content that Georgetown and/or 2U may reasonably deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise (similarly) objectionable;
- engage in any unlawful conduct or act in any other manner that could damage, disable, overburden or impair the Website;
- use automated scripts to collect information from or otherwise interact with the 2GU Website;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- publish, upload, display, transmit or otherwise make publicly available on the 2GU Website any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers and credit card numbers, for an improper purpose or use;
- publish, upload, display or transmit or otherwise make available Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- obtain email addresses or other contact information of any individual from the 2GU Website for the purposes of sending unsolicited emails or other unsolicited communications for commercial purposes and/or unrelated to your participation in the NHS online program;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- publish, upload, display, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
- publish, upload, display or transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass any individual;
- use or attempt to use another’s account, service or system without authorization from Georgetown and/or 2U, or create a false identity on the 2GU Website;
- publish, upload, display or transmit or otherwise make available Content that, Georgetown and/or 2U may reasonably deem to be objectionable or which restricts or inhibits any other person from using or enjoying the 2GU Website, or which may expose Georgetown and/or 2U or Website users to any harm or liability of any type.
Hyperlinks to the 2GU Website
2U grants you a limited, non-transferable, revocable and non-exclusive right to create a hyperlink to the 2GU Website solely for your personal, non-commercial use. If you choose to create a hyperlink to the 2GU Website, you warrant and represent that any website or webpage that contains such a hyperlink will not:
- duplicate Content on the 2GU Website;
- imply that Georgetown and/or 2U endorses any website or webpage, its services or products;
- misrepresent its relationship with Georgetown and/or 2U;
- contain any Content or materials that could be considered harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- portray Georgetown and/or 2U in a false, misleading, derogatory or otherwise offensive manner;
- associate Georgetown and/or 2U with any products, services or opinions, without their express, written permission; or
- use any trademark of Georgetown and/or 2U without express, written permission.
Hyperlinks from the 2GU Website
The 2GU Website may contain hyperlinks to other websites and webpages (“Third-Party Pages”), 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 Pages 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 2GU Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the 2GU Website does not indicate Georgetown’s and/or 2U’s approval or endorsement thereof. If you choose to leave the 2GU Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
Disclaimers and Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE 2GU WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, GEORGETOWN AND/OR 2U, THEIR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE WEBSITE WILL MEET YOUR ACADEMIC REQUIREMENTS;
(B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
2U AND/OR GEORGETOWN FURTHER 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.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER GEORGETOWN NOR 2U, THEIR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORSSHALL 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 WEBSITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE (OR ANY FEATURES WITHIN THE WEBSITE);
- (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE WEBSITE;
- (III) YOUR FAILURE TO PROVIDE GEORGETOWN AND/OR 2U WITH ACCURATE PERSONAL INFORMATION; OR
- (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THE LIMITATIONS ON 2U AND/OR GEORGETOWN’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT 2U AND/OR GEORGETOWN HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
Digital Millennium Copyright Act
Any copyright owner or its agent who believes that any Content or other material on the 2GU Website infringes upon your copyright(s) may give notice, in writing, under the Digital Millennium Copyright Act (“DMCA”) to 2U’s authorized agent, listed below. The notice to 2U shall contain the following information:
- A physical or electronic signature of the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;
- Identification of the copyrighted work claimed to have been infringed, or, a representative list of such works at a single online site;
- Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit 2U to locate the material;
- Your contact information, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Written submissions of alleged infringements may be sent to 2U’s designated Copyright Agent at privacy@2U.com, or at 8201 Corporate Drive, Suite 190, Landover, MD 20785. You acknowledge and agree that your notice may not be valid if you fail to comply with all of the above-listed requirements.