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 Indian 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:
Content that infringes another’s intellectual property, including, but not limited to, copyrights or trademarks;
Advertising or any form of commercial solicitation;
Content related to partisan political activities;
Content that defames, harasses or threatens others;
Content that discusses illegal activities with the intent to commit them;
Profane, pornographic, obscene, indecent or unlawful content;
Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
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 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.
IIM Calcutta, IIM Lucknow, IIM Kozhikode, XLRI and their affiliated entities and their parent universities (where applicable) are hereinafter referred to as “University Partners”. If EMERITUS signs agreements with additional universities then they too will be considered as “University Partners”.
The IIM Calcutta, IIM Lucknow, IIM Kozhikode, XLRI and other University Partners’ 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.
Application process: In order to participate in a program, individual users must apply and be selected to the program. Some programs may require the payment of an application fee without which your application will not be processed. Selection in a program is at the sole discretion of the EMERITUS University Partner and/or EMERITUS and you agree to accept the admission decision as final and binding. Some programs may require that you submit written essays and/or multiple references and/or standardized test scores and/or college transcripts and/or attend an admission event and/or interview to determine the appropriateness of your candidature. By applying to a program you agree to follow the admission process as detailed in the respective program brochure.
Application deadlines: You must apply to a program within the application deadlines mentioned in the program brochure. Your failure to do so, may lead to your application not being considered.
Payments: In order for you to be enrolled in a program and to participate in it, you must make payment of the program tuition within the stipulated timelines. Failure to do so will result in cancellation of your admission and you may forfeit some or all of your tuition fee. You will receive an acknowledgement of your payment within 7 working days of receipt.
Cancellations: Cancellation requests must be submitted in writing within the time limits stipulated for the program you applied to. EMERITUS and its University Partners have no obligation to issue a refund if you cancel your participation after the stipulated cancellation deadline. Kindly note that cancellation policies vary from program to program. Please familiarize yourself with the cancellation policy of the program you are applying to, prior to submitting your application to the program. By submitting your application to the program, you undertake that you have read and fully understand the terms and conditions of that program including its cancellation and refund policy, and you agree to be bound by it.
Refunds: Refund requests must be submitted in writing within the time limits stipulated for the program you applied to. You may be eligible for a full refund, a partial refund or no refund at all, depending on when you make your refund request. Kindly note that refund policies vary from program to program. Please familiarize yourself with the refund policy of the program you are applying to, prior to submitting your application to the program. By submitting your application to the program, you undertake that you have read and fully understand the terms and conditions of that program including its cancellation and refund policy, and you agree to be bound by it.
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 does 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 also makes 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.
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 its University Partners nor any EMERITUS participant(s) 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 its University Partners or any EMERITUS participant(s) with respect thereto. Neither EMERITUS nor its University Partners nor any EMERITUS participant(s) endorse any user postings or any opinion, recommendation or advice expressed therein. Neither EMERITUS nor its University Partners nor any the EMERITUS participant(s) have any obligation to monitor any user postings or any other user communications through the site.
However, EMERITUS and its University Partners reserve the right to review user postings and to exercise its/their 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 participant(s) 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 its University Partners and EMERITUS participant(s) 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 its University Partners nor any EMERITUS participant(s) 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 its University Partners nor any EMERITUS participant(s) 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 its University Partners or any EMERITUS participant(s) 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).
1. You agree to defend, hold harmless and indemnify EMERITUS and the its University Partners and the EMERITUS participant(s), 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 its university partner(s) or the EMERITUS participant(s)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 its University Partners 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 its University Partners 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.
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 India 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 India and waive any jurisdictional, venue, or inconvenient forum objections to such courts.