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GW Open edX Website Terms of Use

Welcome to the George Washington Universityâ~Ys (â~\GWâ~] or â~\weâ~]) Open edX online course website (â~\Websiteâ~]). By registering as an online learner and accessing and using the Website, you signify that you have read, understand and agree to be bound by these terms of use, the Privacy Policy, and the Honor Code of the respective Course, as defined below, (collectively, the â~\Agreementâ~]). If you do not understand or do not wish to be bound by the Agreement, you should not use the Website.

GW may change the terms of this Agreement from time to time without notice. By continuing to use this Website following the posting of such changes, you agree to be bound by this Agreement, as modified. GW may change, restrict access to, suspend, or discontinue this Website, or any portion of this Web site, at any time.


Privacy
You understand that any personal information you submit to the Website will be treated in the manner described in this Agreement, including the Privacy Policy. You further understand and agree that your participation in the Website may be used for research purposes and GW may share information we collect from your participation in the Website with researchers outside of GW. Your personally identifiable information will only be shared as permitted by applicable law and will only be used for noncommercial research and educational purposes. GW reserves the right to share aggregated information with the public or any third parties that does not personally identify you.


Eligibility
Participation in the open online course(s) available through the Website (â~\Courseâ~]) is restricted to individuals who register using the registration form; who are at least 18 years of age or older, emancipated minors, or those with consent from a parent or legal guardian; and who are able and competent to enter into this Agreement. By accessing the Website, you affirm that you are at least 13 years old and meet these eligibility requirements. This Website is not intended for children under 13. If you have any questions about your eligibility, please contact us at gwonline@gwu.edu.


User Account and Access
Registration. In order to participate in the Website and any Course, you must register and create a user account. To create a user account, you are required to provide a valid email address and create a username and user password. Your username will be publicly visible on the Website. In setting up your account and registering for any particular Course, you may also be prompted to enter additional information.

User Information. You agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, GW reserves the right to refuse access to the selected Course or to terminate your user account to the Website.

Security. You agree that you will never divulge or share access or access information to your user account with any third party for any reason. You agree that you will not violate or attempt to violate the security of the Website. GW will investigate security violations and may involve, and cooperate with, law enforcement authorities in prosecuting the use or users who are involved in such violations.


User Status
You acknowledge and agree that your access to the Website and participation in a Course does not confer any right to access or use other GW resources or establish any relationship with GW or its instructors beyond your role as a user of the Website or participant in a Course. Unless otherwise agreed to by GW in writing, you further acknowledge and agree that your access to the Website and participation in a Course does not mean that that you are an enrolled or admitted student at GW, or in attendance at GW as a student. Your participation in a Course does not entitle you to any of the rights or privileges of GW students, including but not limited, to grievance procedures.


Rules for Online Conduct
You agree to use the Website in accordance with all applicable laws and regulations. You agree that you are responsible for your own use of the Website, including but not limited to the upload, transmission and posting of information and materials (â~\User Contentâ~]), and are responsible for the consequences of such postings on or through the Website. You agree to use the Website in compliance with this Agreement and all applicable laws and regulations. You further agree that you will not email or post malicious or harmful content anywhere on the Website, or on any other GW computing resources, including without limitation the following: content that defames, harasses, or threatens others; statements or content that violates federal, state, or local law; content that infringes another's intellectual property, including but not limited to, copyrights or trademarks; content related to partisan political activities; content that contains obscene, pornographic, or unlawful language or images; advertising or any form of commercial solicitation or promotion, including links to other sites; viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property; content that is otherwise unlawful; or intentionally incomplete, misleading, or inaccurate content.

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Website without the express permission of the owner of the copyright in the material or other legal entitlement to use the material.


User Content and License
You may be permitted to submit and distribute User Content. You represent and warrant that any User Content you submit to the Website or a Course is accurate and complete and will not violate or infringe the rights of any third party, including without limitation privacy, publicity, intellectual property and any other proprietary or property rights, such as copyright, trademark and patent rights. You represent and warrant that you have all the necessary rights and licenses to use the User Content and to permit use of the User Content by GW and other users. GW does not claim ownership of any User Content you may submit or make available for inclusion on the Website or Course. Accordingly, subject to the license granted to GW below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

By posting or transmitting any User Content on or through the Website, you agree that such User Content shall be released under and governed by a Creative Commons Attribution International 4.0 License (CC BY 4.0), including your name, voice, and/or likeness as contained in your User Content.


Proprietary Rights in Website Content; Limited License
Unless otherwise indicated, all content on the Website and in any Course, including designs, text, graphics, pictures, video, information, applications, software, music and video recordings, and their selection and arrangement (the â~\GW Contentâ~]), is the property of GW or its licensors with all rights reserved. In consideration of acceptance of this Agreement, GW grants you a personal, nontransferable license to access and use the Website and any GW Content. Registered users may download GW Content from the Website only for such user's own personal, noncommercial use or as otherwise permitted by applicable law (such as fair use). Some content in the Website or Course may be provided by third parties, and the use of that content may be subject to rules and restrictions as indicated on such materials or in the Course, including applicable licences (such as Creative Commons licenses). You agree to be bound by all such rules, restrictions, and any applicable licenses for content provided by third parties.


Modifications and Cancellations
GW reserves the right, for any reason, in its sole discretion and without notice, to terminate, change, suspend or discontinue any aspect of the Website or a Course, and GW will not be liable to you or to any third party for doing so. GW may also impose rules and limits on the use of the Website or Course, or restrict your access to part, or the entire, Website or Course without notice or penalty. GW also reserves the right to cancel, discontinue, delay, change instructors, or modify any Course for any reason. The Website may contain errors and omissions relating to description and availability. GW reserves the right to correct errors or omissions without prior notice.


Termination Rights
You agree that GW, for any reason, in its sole discretion, may terminate your use of the Website or your participation in any Course, at any time; GW shall not have any liability to you for the termination; and that you are not entitled to any credit or to any student or academic grievance procedures in connection with such a termination. If you no longer desire to participate in the Website, you may terminate your participation therein upon notice to GW.


International Use and Consent to Processing
GW controls and operates the Website within the United States of America. GW does not represent that materials on the Website are appropriate or available for use in other locations. Users who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws and regulations in connection with your use of the Website. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. By providing any personal information to the Website, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection, transmission, processing, and storage of such personal information in the United States as described in this Agreement, including but not limited the use of such personal information for research by GW and other researchers as described in this Agreement. For further certainty, any consent relating to a right to transfer information referred to in this paragraph shall be deemed to include your consent to the transfer of the applicable personal information to a jurisdiction which may provide a different level of privacy protection than that available in your own country.


Disclaimer of Warranty/Limitation of Liability
THE WEBSITE AND ANY INFORMATION, PRODUCTS, OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT. GW DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE WEBSITE, INFORMATION OBTAINED FROM THE WEBSITE, OR LINK TO THE WEBSITE. GW DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE IS AT YOUR OWN RISK.

YOU AGREE THAT GW WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE WEBSITE, OR TO ANY CONTENT ON THE WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE. IN PARTICULAR, GW WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OR INABILITY TO USE THE WEBSITE, OR ANY PURCHASES ON THIS WEBSITE, OR ANY CONTENT ON A WEBSITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A WEBSITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

GW MAKES NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE WEBSITE AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE WEB SITES MAY BE IMPAIRED. GW DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

User Postings Disclaimer. You understand that when using the Website you will be exposed to User Content from a variety of sources and that GW is not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GW with respect thereto. GW does not endorse any User Content or any opinion, recommendation or advice expressed therein. GW does not have any obligation to monitor any User Content or any other user communications through the Website. However, GW reserves the right to review User Content and to exercise its sole discretion to edit or remove, in whole or in part, any User Content at any time and for any reason.

Links to Other Sites. The Website may include hyperlinks to sites maintained or controlled by others. GW is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these websites. If you decide to access linked third-party websites, you do so at your own risk.


Indemnification
You agree to indemnify and hold GW harmless from any claims, losses, or damages, including legal fees, resulting from your violation of this Agreement and your use of the Website or your placement of any User Content onto the Website, and to fully cooperate in GW's defense against any such claims.


Choice of Law/Forum Selection
GW is located in Washington D.C. You agree that any dispute arising out of or relating to this Agreement or any content posted to the Website or in any Course, whether based in contract, tort, statutory or other law, will be governed by the laws of the District of Columbia, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving the District of Columbia as the legal forum for any such dispute.


Copyright Complaints
We respect the intellectual property rights of others. If you are an owner of intellectual property and you believe your intellectual property has been improperly posted or distributed via this Website, please notify us by sending an email to copyright@gwu.edu or by sending a notice by U.S. Mail to: 2100 Pennsylvania Avenue NW Suite 250, Washington DC 20052, Attention: Legal Department. In your email or letter, you will need to include all of the notice elements listed in the Digital Millennium Copyright Act (â~\DMCAâ~]) at 17 U.S.C. § 512(c)(3). Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a user's content is infringing.


Feedback
We encourage you to contact us in regards to any questions, comments, suggestions, or other feedback you have about the Website or any Course. Feedback may be sent to the following e-mail address: gwonline@gwu.edu. You acknowledge and agree that any feedback provided by you to GW is non-confidential and GW shall be entitled to the unrestricted use and dissemination of it for any purpose, commercial or otherwise, without acknowledgment or compensation to you.


General
This Agreement constitutes the entire agreement between you and GW and with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GW without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.