EMERITUS Institute of Management - Terms of Service

Terms of Service

Welcome to EMERITUS Institute of Management (“EMERITUS”). Please read these terms of service (“TOS”) and the EMERITUS privacy policy prior to using any portion of the EMERITUS website (the “site,” which consists of all content and pages located within the EMERITUS.org web domain), including accessing any course material, chat rooms, or other electronic services. These TOS and the privacy policy are agreements (the “agreements”) between you and EMERITUS. By using the site, you accept and agree to be legally bound by the agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the agreements, you should not use the site.

EMERITUS reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

You agree that you are responsible for your own use of the site and for your user postings. “user postings” include all content submitted, posted, published or distributed on the site by you or other users of the site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos and file uploads. You agree that you will use the site in compliance with these TOS and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all Singapore laws.

As a condition of your use of the EMERITUS services, you will not use the site in any manner intended to damage, disable, overburden or impair any EMERITUS server or the network(s) connected to any EMERITUS server or to interfere with any other party’s use and enjoyment of the site. You may not attempt to gain unauthorized access to the site, other accounts, computer systems or networks connected to any EMERITUS server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the site, its servers or associated computers through any means not intentionally made available through the site.

The following list of items is strictly prohibited on the site:

  1. Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
  2. Advertising or any form of commercial solicitation;
  3. Content related to partisan political activities;
  4. Content that defames, harasses or threatens others;
  5. Content that discusses illegal activities with the intent to commit them;
  6. Profane, pornographic, obscene, indecent or unlawful content;
  7. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
  8. 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; and

Furthermore, you agree not to scrape, or otherwise download in bulk, any site content, including but not limited to a list or directory of users on the system, on-line textbooks, user postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the site.

Copyright on the EMERITUS site and all materials included in it is owned by or licensed to EMERITUS and all rights are reserved. You must abide by all copyright notices and restrictions contained on the EMERITUS site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any materials from the EMERITUS site (including computer programs or other code) (“site materials”), except that you make a reasonable number of machine-readable copies of the site materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the site materials. Unless otherwise expressly stated on the site, the texts, exams, video, images and other instructional materials provided with the courses offered on this site are for your personal use in connection with those courses only.

Certain reference documents, digital textbooks, articles and other information on the site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this site you agree to abide by all such rules and conditions.

User postings representations and warranties. By submitting or distributing your user postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the user postings and to authorize EMERITUS and its users to reproduce, modify, publish and otherwise use and distribute your user postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your user postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not EMERITUS, are solely responsible for your user postings and the consequences of posting or publishing them.

License grant to EMERITUS. By submitting or distributing your user postings, you hereby grant to EMERITUS a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your user postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).

License grant to EMERITUS users. By submitting or distributing your user postings, you hereby grant to each user of the site a non-exclusive license to access and use your user postings in connection with their use of the site for their own personal purposes.

Use of EMERITUS, MIT Sloan School of Management, Columbia Business School, Tuck At Dartmouth, trademarks and service marks. The “EMERITUS,” MIT,” “Columbia”, “Dartmouth”and “Tuck” names, logos and seals are trademarks (“trademarks”) of the respective entities. You may not use any of these trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions’ sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.

All trademarks not owned by EMERITUS, if any, are the property of their respective owners.

Nothing contained on the site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the site without the written permission of the owner of the applicable trademark.

The site and any information, content or services made available on or through the site are provided “as is” and “as available” without warranty of any kind (express, implied or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable law.

EMERITUS and the Founding Academic Institutions (as hereinafter defined) do not warrant that the site will operate in an uninterrupted or error-free manner, that the site is free of viruses or other harmful components, or that the courses or content provided will meet your needs or expectations. EMERITUS and the founding academic institutions also make no warranty about the accuracy, completeness, timeliness, or quality of the site or any courses or content, or that any particular courses or content will continue to be made available. “Founding Academic Institutions” means MIT, Columbia University and Dartmouth College and their respective entities providing information, content or services for the site, the course instructors and their staffs.

Use of the site, and the content and services obtained from or through the site, is at your own risk. Your access to or download of information, materials or data through the site or any reference sites is at your own discretion and risk, and you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data, unless otherwise expressly provided for in the EMERITUS privacy policy.

User postings disclaimer. You understand that when using the site you will be exposed to user postings from a variety of sources and that neither EMERITUS nor the EMERITUS participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such user postings. You further understand and acknowledge that you may be exposed to user postings that are 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 EMERITUS or any of the EMERITUS participants with respect thereto. Neither EMERITUS nor any of the EMERITUS participants endorse any user postings or any opinion, recommendation or advice expressed therein. Neither EMERITUS nor any of the EMERITUS participants have any obligation to monitor any user postings or any other user communications through the site.

However, EMERITUS reserves the right to review user postings and to exercise its sole discretion to edit or remove, in whole or in part, any user posting at any time and for any reason, or to allow the EMERITUS participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a user posting allegedly does not conform to these TOS, EMERITUS may investigate the allegation and determine in its sole discretion whether to remove the user posting, which it reserves the right to do at any time and without notice.

Links to other sites. The site may include hyperlinks to sites maintained or controlled by others. EMERITUS and the EMERITUS participants are not responsible for and do 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 sites. If you decide to access linked third-party websites, you do so at your own risk.

To the fullest extent permitted by applicable law, you agree that neither EMERITUS nor any of the EMERITUS participants will be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms of service, or your (or any third party’s) use of or inability to use the site, or your placement of content on the site, or your reliance upon information obtained from or through the site, whether your claim is based in contract, tort, statutory or other law.

In particular, to the fullest extent permitted by applicable law, neither EMERITUS nor any of the EMERITUS participants will have any liability for any consequential, indirect, punitive, special, exemplary or incidental damages, whether foreseeable or unforeseeable and whether or not EMERITUS or any of the EMERITUS participants has been negligent or otherwise at fault (including, but not limited to, claims for defamation, errors, loss of profits, loss of data or interruption in availability of data).

You agree to defend, hold harmless and indemnify EMERITUS and the EMERITUS participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, EMERITUS or one of the EMERITUS participants will provide you with written notice of such claim, suit or action.

Termination rights; discontinuation of courses and content. You agree that EMERITUS, in its sole discretion, may terminate your use of the site or your participation in it, for any reason or no reason, upon notice to you. It is EMERITUS’s policy to terminate in appropriate circumstances the accounts of users of the site who are repeat copyright infringers. EMERITUS and the EMERITUS participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through EMERITUS, or to cease providing any part or all of the site content or related services, and you agree that neither EMERITUS nor any of the EMERITUS participants will have any liability to you for such an action. If you no longer desire to participate in the site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the site, but the other provisions of these TOS will survive any such termination.

Entire agreement. These TOS and the privacy policy together constitute the entire agreement between you and EMERITUS with respect to your use of the site, superseding any prior agreements between you and EMERITUS regarding your use of the site.

Waiver and severability of TOS. The failure of EMERITUS to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS 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 these TOS shall remain in full force and effect.

This user agreement will be governed by the laws of Singapore applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the courts sitting in Singapore and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Effective date: 5th January, 2016

Global Ivy Emeritus Institute of Management