MOOCS ARE BEING DELIVERED BY D2L CORPORATION (D2L). CONTENT MAY BE PROVIDED BY THE ORGANIZATION(S) AS INDICATED IN THE MOOC LOGO (CONTENT PROVIDER) AND, IF APPLICABLE, THEIR LICENSORS.
BY REGISTERING, ENROLLING, LOGGING IN AND/OR USING THE D2L OPEN COURSES MOOC PROVIDED ON THIS SITE, (THE "SITE"), WHICH INCLUDES ANY SERVICES, IMAGES, TEXT, CODE, LAYOUTS, DISPLAYS OR OTHER CONTENT IN ANY FORM INCLUDING AUDIO OR VIDEO, OR OTHER DATA INCLUDING THIRD PARTY MATERIALS, ALL AS MAY BE MODIFIED FROM TIME TO TIME (COLLECTIVELY, "MATERIALS") AT THE SITE,
1.03 Accessing Fee-to-Learner MOOCs. By registering or participating in fee-based services or functions on the Site, as identified on the Site MOOC catalog, you affirm that you (i) are at least the age of majority in your jurisdiction of residence; or (ii) you are a parent or guardian of a Learner under the age of majority in the Learner’s jurisdiction and you are paying and registering a Learner who is over the age of 13. As a parent, legal guardian or individual over the age of majority in the Learner’s jurisdiction, you also agree that you will register the Learner for any MOOC only once. If you are under the age of majority in your jurisdiction, you may not purchase or enroll on your own as a Learner in any fee-based MOOC on this Site. For clarity, persons under the age of majority in their jurisdiction may not make purchases on the Site.
1.06 MOOCs may contain optional or mandatory surveys for the purposes of pedagogical or market research. Research helps D2L and Partner organizations improve their practice and reach more learners while enabling a broader range of learners to potentially benefit from MOOCs. This research aims to:
In order to achieve these goals, we and our Partners may collect certain information about your interaction with the Site. As part of the Site, we may also automatically upload information about your computer or mobile device, your use of the Site, and Site performance.
2. Materials and Access to Site.
This Site contains Materials including online education services, MOOC content, and related services. We have the sole right to modify or discontinue the Site and its Materials at any time with or without notice to you. We are not liable to you or any third party if we exercise this right. You are solely responsible for obtaining, at your own expense, all equipment necessary to access and use the Site, and for paying all internet access, MOOC registration and other fees.
If MOOC fees apply, no ownership of MOOC materials are implied or assigned upon receipt of fees. It is your responsibility to understand MOOC refund policies (if applicable). Fees from Learners will only be accepted through the payment methods listed on the Site.
3. User Data and Privacy
To access the Materials on this Site, you are required to create and use your unique account and password as prompted when completing our online registration form, which requests certain information and data ("Data"), and maintaining and updating your Data as required. You agree that all information you provide as Data (i) is your own personal information; and (ii) is true and accurate, and that you will maintain and update this Data as needed in order to keep it current, complete, and accurate at all times.
Your use of the Site is subject to all applicable laws and regulations. By using the Site to communicate and/or by posting information on the Site or by using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, download, use, share, post, or otherwise disclose, distribute or facilitate distribution of anything in any form that:
If you upload or make available User Materials, you represent and warrant that (i) you have the necessary rights to provide the User Materials and permit us and our Partners to use such User Materials; and (ii) the User Materials will not infringe or misappropriate infringes another party’s copyrights, moral rights, patents, trademarks or trade secrets. You are and shall remain responsible to pay any fees arising from the User Materials you upload or make available.
5. Third Party Sites and Information
This Site may contain (i) links to other sites on the Internet; or (ii) content, data, documents, software, materials and/or services provided by other parties (collectively, “Third Party Materials”) that may offend some people. These Third Party Materials are not under our control and we are not responsible for the Third Party Materials in any way, nor are we claiming or implying any endorsement of, or association with, the Third Party Materials or their creators.
6. Intellectual Property Information?
Regardless of whether a MOOC is a Free or Fee-Based MOOC, all Materials presented to you on this Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and are the sole property of us, our Partners, and/or third parties, as applicable. You are only permitted to use the Materials as expressly authorized by us or the specific Materials provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written agreement from us or the specific Partner.
7. Content Protected by Copyright.
Content may be protected by copyright. People appearing in content may have a right to control the use of their image. If you share content on the Service in a way that infringes others' copyrights, other intellectual property rights, or privacy rights, you are breaching this Agreement. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. D2L will not pay you for your content. D2L may refuse to publish your content for any or no reason. D2L may remove Your content from the Service at any time at its discretion. D2L will respond expeditiously to clear notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act or the laws of another jurisdiction. If you believe your copyrights are being violated and want to notify us, you can find information about submitting notices and D2L's policy about responding to notices in our Notice and Takedown Procedure. D2L does not have an obligation to police the copyright validity of any of the content on the Service.
8. Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
9. Disclaimer of Warranties
THIS SITE AND ALL MATERIALS ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE OR ACCESS TO IT WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, ERROR-FREE, ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES OR DEFECTS.
WE MAY MAKE CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE SITE. THE USE OF THE SITE OR MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
THROUGH YOUR USE OF THE SITE AND THE MATERIALS, YOU MAY HAVE THE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PARTIES. YOU ACKNOWLEDGE THAT ALL TRANSACTIONS RELATING TO ANY MERCHANDISE OR SERVICES OFFERED BY ANY PARTY, INCLUDING, BUT NOT LIMITED TO THE PURCHASE AND PAYMENT TERMS, WARRANTIES, GUARANTEES, MAINTENANCE AND DELIVERY TERMS RELATING TO SUCH TRANSACTIONS, ARE AGREED TO SOLELY BETWEEN THE OTHER PARTY AND YOU. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
MATERIALS AVAILABLE ON THIS SITE MAY CONTAIN OPINIONS AND JUDGMENTS. WE DO NOT ENDORSE, NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN ADDITION, WE ARE NOT LIABLE IN ANY WAY FOR THIRD PARTY MATERIALS OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold us and our Partners harmless from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your acts, omissions, use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
12. Password; Security
You alone are responsible for maintaining the confidentiality of your password and account and for any and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you transfer or share your account.
We take reasonable measures to protect the security, confidentiality and integrity of the Data you upload. We have security measures in place to protect the loss, misuse, and alteration of the Data under our control. Unfortunately, there is no such thing as perfect security. Although we strive to protect all Data including personal information, we cannot ensure or guarantee the security of any Data transmitted to us through or in connection with the Site.
13. Participation in Promotions
From time to time, this Site and/or other links available at this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
14. E-mail, Messaging, Blogging, and Chat
We may employ automated monitoring devices or techniques to protect our systems and users from mass unsolicited communications (also known as “spam”) and/or other types of communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
15. International Use
Although this Site may be accessible worldwide, we do not represent that materials on this Site are appropriate or available for use in your jurisdiction, and accessing them from territories where their contents are illegal may be prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
16. Termination; Suspension of Your Account
Upon termination or suspension, regardless of the reasons, your right to use this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
17. Governing Law
You shall not sell, resell, reproduce, use for any commercial purposes, duplicate or copy any portion of this Site, or use of or access to this Site. In addition to any excuse provided by applicable law, we shall be excused from non-performance or delay in delivery of the Site arising from any event beyond our reasonable control, whether or not foreseeable by either party.
19. Notices and Contact Information
All notices to a party shall be in writing and shall be made either via email, mail or courier. Notices to us must be sent to the contact details below. Notices to you may be sent to the address supplied by you as part of your Data. In addition, we may post notices on the Site to inform you of changes to the Site or other matters, and such publications shall constitute notice to you at the time of posting.
Contact: D2L Legal Department
Content Provider’s contact information as made publicly available
20. Entire Agreement
Date Last Modified: 2020-03-22