4. Communication By providing your email address, phone number, or other points of contact through the Website, you agree that 2U may communicate with you electronically or over the phone university programs offered through 2U. You agree to receive communications from or on behalf of 2U at any email address, phone number, or other point of contact you provide through the Website. You further agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided to you in writing.
5. Use of Website Materials We own and/or license all content and other materials on the Website, including but not limited to all text, designs, logos, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively “Materials”). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and/or other laws.
6. Digital Millennium Copyright Act Any copyright owner or its agent that believes that any Materials or other content on the Website 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:
A physical or electronic signature of the copyright owner or 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;
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;
The contact information of the copyright owner or the individual authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an email address;
A statement that the copyright owner or the individual authorized to act on behalf of the copyright owner has 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 the individual submitting the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to 2U’s designated Copyright Agent, email@example.com, 7200 Harkins Drive, Lanham, MD 20706. A notice may not be valid if it fails to comply with all of the above-listed requirements.
7. Intellectual Property Trademarks, logos, and service marks displayed or otherwise used on the Website, including, but not limited to “2U” (collectively the “Intellectual Property”), are registered trademarks of 2U. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to 2U, or its licensors, affiliates, principals, or partners.
Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the Website without the written permission of 2U or the third party that may own the Intellectual Property displayed on the Website. Your misuse of the Intellectual Property displayed on the Website is strictly prohibited. 2U will aggressively enforce its intellectual property rights to the fullest extent of the law.
9. User Code of Conduct You agree that you will not:
Use the Website in any unlawful or inappropriate manner, as determined by 2U in their sole discretion, or 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 Website;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications, and/or your affiliation with any person or entity; or
Publish, upload, display, or transmit or otherwise make publicly available on the 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.
10. Accuracy of Information 2U believes but does not guarantee that all of the information that appears on the Website or in any e-mail or other alerts or communications provided in connection with the Website is accurate. Notwithstanding the foregoing, we recommend that you independently verify all information prior to making any educational or educational financing decisions.
11. Hyperlinks The Website may contain links to other websites (“Third Party Links”) that we provide solely as a convenience to you during your use of the Website. 2U does not endorse such websites and is not responsible for any content contained therein. If you decide to access any Third Party Links, you do so entirely at your own risk.
12. Disclaimers and Warranties YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE FUNCTIONS OF THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, 2U, ITS SUBSIDIARIES, AGENTS, AFFILIATES, AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE WEBSITE WILL MEET YOUR 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) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED BY OR THAT YOU OTHERWISE OBTAIN 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 SUCH DOWNLOAD.
2U 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.
13. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT 2U, ITS SUBSIDIARIES, AGENTS, AFFILIATES, AND/OR LICENSORS SHALL NOT 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 GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(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; OR
(III) YOUR FAILURE TO PROVIDE 2U WITH ACCURATE INFORMATION.
THESE LIMITATIONS ON 2U’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT EITHER HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. Indemnification You agree to indemnify, defend, and hold harmless 2U, its subsidiaries, agents, affiliates, and/or licensors against any claim, liability, expense, or damages arising from or relating to your use of the Website. Your obligation to defend and indemnify 2U shall survive the termination of your use of the Website.
18. Questions and Contact Information If you have any questions or comments related to the Website, please contact 2U at firstname.lastname@example.org.