Last modified: April 16, 2018
By visiting and using the 2SU website (the “Website”) including all content, information and functionality available through the 2SU 2su.communications.syr.edu, 2su.ischoolonline.syr.edu, 2su.engineeringonline.syr.edu,2su.onlinempa.syr.edu and 2su.datascience.syr.edu domain names, mobile applications, and any other media, software, devices or networks now in existence or developed later in connection with the Programs you agree, without limitation or qualification, to be bound by the following terms and conditions of use (“Terms of Use”) and the Website privacy policy (“Privacy Policy”) which is incorporated herein by reference. As used herein, the term “Programs” shall mean the following Syracuse University online programs:
2U, Inc. (“2U”), the provider of the Website, reserves the right to modify or revise the Terms of Use and/or Privacy Policy, in its sole discretion, at any time. By visiting and using the Website, you agree to be bound by any and all subsequent modifications or revisions. 2U will attempt to notify the Website users whenever it modifies or revises the Website; however, it recommends that the Website users review the most up-to-date version of the Terms of Use and Privacy Policy periodically.
You warrant and represent that you are either 18 years of age or older, an emancipated minor, or possess legal parental and/or guardian consent, and are capable of entering into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Use and in the Privacy Policy. If you are not 18 years of age or older, you warrant and represent that you are over the age of 13. The Website is not intended for use by persons under the age of 13. Please do not use the Website if you are under 13 years of age.
The Website is part of a web-based learning management system (“LMS”) that connects students, faculty and administration in the Programs.
In order to use the services provided on the 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 Programs, and you are not permitted to opt out of receiving them while enrolled in the Programs.
You warrant and represent that all information provided by you within the 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 Syracuse University), its subsidiaries, officers, directors, employees, other affiliates, agents or assigns (collectively “Syracuse”) 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 privacy@2u.com 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 Website. The 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 Syracuse or 2U. Additionally, you further warrant and represent that you will not endeavor to ascertain any source code used in connection with the Website.
You acknowledge and agree that you alone are responsible for any and all text, graphics, videos, images, music, sounds, and any other content that you publish, upload, display or transmit on or through the Website (collectively “Content”). You shall not publish, upload, display or transmit any Content that you did not create and that you do not have permission to publish, upload, display or transmit. You acknowledge and agree that 2U and/or Syracuse, in their sole discretion, may, but are not otherwise obligated to, review the Content posted on the Website and may delete or remove any Content, for any reason, specifically including (but not limited to) where 2U and/or Syracuse determines (in their sole and exclusive opinion) that the Content violates these Terms of Use or that the Content is offensive or illegal, or may violate the rights of, harm or threaten the safety of others. You alone are responsible for creating back up copies of any Content that you post on the Website or otherwise provide to 2U or Syracuse and any necessary replacement thereof.
By publishing, uploading, displaying or transmitting Content to the Website, you permit and direct Syracuse 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 Website. By publishing, uploading, displaying or transmitting Content to the Website, you grant, and warrant and represent that you are capable of granting, to Syracuse 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 Website. You may remove any Content posted by you on the Website at any time, unless otherwise instructed by your professor or by Syracuse. If you remove the Content posted by you on the Website, the above-granted license will expire immediately; however, you acknowledge and agree that Syracuse and/or 2U may preserve any and all archived copies of your Content, and you agree that any previous uses by Syracuse and/or 2U prior to you removal, or derivative works created by 2U and/or Syracuse 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 Website, you permit other members of the Website community to access, view, store and reproduce any Content posted by you on the Website to the extent permitted herein, subject to any applicable restrictions.
By publishing, uploading, displaying or transmitting Content to the 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 Syracuse.
You acknowledge and agree that the 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 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 Website to:
2U grants you a limited, non-transferable, revocable and non-exclusive right to create a hyperlink to the Website solely for your personal, non-commercial use. If you choose to create a hyperlink to the Website, you warrant and represent that any website or webpage that contains such a hyperlink will not:
The 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 Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website does not indicate Syracuse’s and/or 2U’s approval or endorsement thereof. If you choose to leave the Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, SYRACUSE AND/OR 2U, THEIR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYRACUSE AND/OR 2U, THEIR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS, OTHER USERS OF THE WEBSITE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
2U AND/OR SYRACUSE 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.
NOTHING IN THE TERMS OF USE SHALL EXCLUDE OR LIMIT 2U’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND 2U AND/OR SYRACUSE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER SYRACUSE NOR 2U, THEIR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS SHALL BE LIABLE TO YOU FOR:
THE LIMITATIONS ON 2U AND/OR SYRACUSE’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT 2U AND/OR SYRACUSE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree and acknowledge that you will not post any inappropriate Content on the Website, including, but not limited to, copyrighted materials, defamatory statements or obscene materials. If you do post inappropriate Content, you agree to indemnify, defend and hold harmless 2U and Syracuse, their officers, directors, employees, agents, affiliates and Syracuse, from and against any and all legal claims arising from your inappropriate use of the Website and/or your violation of any of these Terms of Use. Your obligation to defend and indemnify 2U and Syracuse survives the term of these Terms of Use and your use of the Website.
You are solely responsible for your interactions with any other individual who visits or uses the Website. Although not obligated to do so, 2U and/or Syracuse reserve the right to monitor disputes between you and any other individual who visits or uses the Website and to take any action that they, in their sole discretion, deem necessary, in keeping with these Terms of Use and Privacy Policy, up to and including termination of an individual’s access to and use of the Website.
Any copyright owner or its agent who believes that any Content or other material on the 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:
Written submissions of alleged infringements may be sent to 2U’s designated Copyright Agent at privacy@2u.com, or at 7900 Harkins Road, Suite 501, Lanham, MD 20706. You acknowledge and agree that your notice may not be valid if you fail to comply with all of the above-listed requirements.
You acknowledge and agree that the Terms of Use shall be governed by the laws of the state of Maryland and consent to jurisdiction in Maryland without regard to any conflict of law or choice of law principles with respect to any claim or dispute between you and 2U. You acknowledge and agree that any claim or dispute between you and 2U that arises in whole or in part from the use of the Website shall be decided exclusively by a court of competent jurisdiction located in Prince George’s County, Maryland.
The Terms of Use and Privacy Policy, together with any applicable software licensing agreement(s), shall constitute the entire agreement between you and 2U related to your use of the Website. The various provisions of Terms of Use and Privacy Policy are separate and independent, and should any term be declared invalid or unenforceable by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect. The Terms of Use and Privacy Policy shall be binding on the parties and their respective successors and assigns.
View the previous version of this Terms of Use.