Terms of Service
1. Introduction; Changes
We may make changes to the Agreements at any time, but will alert you that we are doing so by giving notice on the Site or through our services or by some other means. By accessing the Site or registering for or using our services after any changes have been made, you signify your agreement to the modified Agreements and all of the changes, which will be effective immediately unless we notify you of a later effective date. If the changes are not acceptable to you, you should discontinue use of the Site and our services.
As used in these Terms of Service, “we,” “us” and “our” refer to the President and Fellows of Harvard College acting through the Harvard Medical School’s HMX digital learning initiative (“HMX”).
Through the Site, HMX offers online courses, programs or other offerings in specific areas of study or on particular topics (each, a “Program”). HMX reserves the right to cancel, interrupt or reschedule any Program or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress that may be provided in connection with any Program. Programs are subject to the Agreements, including without limitation the Warranty Disclaimer and Limitation of Liability sections below.
You will not receive academic credit from Harvard Medical School or Harvard University for taking a Program. Admission to the degree programs of Harvard Medical School and Harvard University is separate from being accepted into and/or taking one or more Programs. You agree and acknowledge that nothing in these Terms of Service or otherwise with respect to your access or use of the Site or any Program (a) enrolls or registers you in Harvard Medical School, or any other school, division, institute or program of or associated with Harvard University, or (b) entitles you to access or use the resources or receive any benefits or privileges of any of the foregoing entities beyond the Programs. In some cases, we may offer Programs for which you can register through a School at Harvard University. This will require a registration with that School that is separate from registration with HMX. In that event, you may be able to receive academic credit in accordance that School’s rules and policies.
HMX may offer a credential or other acknowledgment for participants who have satisfactorily demonstrated achievement in a Program. The decision to award any such credential or other acknowledgment to a given participant will be solely within the discretion of HMX. HMX may choose not to offer any credential or other acknowledgment for some Programs. In addition, HMX may decide in its sole discretion whether to provide a record concerning a participant’s performance in a Program. The format of any credential or other acknowledgement, and of any record of performance, provided by HMX relating to Programs will be determined by HMX in its sole discretion and may vary from Program to Program.
You agree that you are responsible for your own use of the Site and for your User Content, as well as any content of others that you submit, post, contribute, publish or distribute on the Site. “User Content” includes all content, in whatever format, submitted, posted, contributed, published or distributed on the Site by a user, including but not limited to all notes, questions, answers, comments, text, pictures, videos and file uploads. In some Programs, users may contribute by speaking or appearing on camera, and User Content may include transmissions or recordings of a user’s voice and/or image. You agree that you will use the Site in compliance with the Agreements and all applicable local, state, national and international laws, rules and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.
THE FOLLOWING KINDS OF CONTENT (“PROHIBITED CONTENT”) ARE STRICTLY PROHIBITED ON THE SITE:
- Content that defames, harasses, discriminates against, harms or threatens others;
- Content that discusses illegal activities, with the intent to commit them;
- Content that infringes or misappropriates intellectual property rights;
- Content that you do not have the right to disclose;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
HMX reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.
In addition, you agree not to (a) use the Site in any manner intended to damage, disable, overburden or impair any part of the Site or the computer equipment or network(s) connected to the Site or to disrupt or interfere with any Program or any other user’s use and enjoyment of the Site; (b) attempt to gain unauthorized access to the Site, other accounts, computer equipment or networks connected to the Site through hacking, password mining or any other means; (c) obtain or attempt to obtain any materials or information on or via the Site not intentionally made available through the Site; (d) copy or use any portion of the Site other than as expressly allowed under the Agreements; (e) use any high volume, automated, or electronic means to access the Site (including without limitation robots, spiders or scripts); (f) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages; or (g) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Site.
If you participate in any Program, you agree to complete all work, including any exams, associated with each Program in which you may be enrolled with your own, original work and only your own, original work, and you agree not to engage in any activity that would dishonestly improve your results, or improve or hurt the results of others. In addition, unless otherwise stated in the respective Program, you agree that any exams, quizzes or questions provided in connection with each Program are for your individual use only. Copying, capturing, transmitting or providing all or any part of the exams, quizzes or questions to any other person is strictly prohibited. HMX reserves the right to pursue any and all legal remedies against you if you violate this Agreement.
4. User Accounts and User Registration
In order to participate in most Site activities, you must register for a personal account on the Site (a “User Account”) by providing an email address and a password for your User Account, as well as any additional information required herein or on the Site. Participants sponsored through their institution of record may not need to register for a User Account and HMX will provide such participants with separate credentials necessary to register for and access the Site where applicable, though you will need to create your own password to access the site (collectively, “Login Credentials”). You agree that you will never divulge or share access or access information to your User Account or Login Credentials with any third party for any reason. You also agree that you will create, use, and/or access only one User Account, and that you will not access the Site using any User Account or Login Credentials other than your own.
You agree to notify us immediately upon becoming aware of or suspecting any unauthorized use of your User Account or Login Credentials. We will not be responsible for any loss or damage arising from unauthorized access to your User Account or Login Credentials.
In registering for a User Account or obtaining Login Credentials, or completing an application and registering for a Program, you may be prompted or required to enter additional information, including but not limited to your name and location. Additional information may be required to confirm your identity, and different or additional information may be required depending on your use of the Site or enrollment in Programs. You warrant that all such information provided by you is accurate, current, complete, and complies with your obligations under the Agreements. You also agree to maintain and update such information to keep it accurate, current and complete. You acknowledge that if any such information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site.
If you are admitted to HMX Programs, or as part of your registration, you may be required to submit a headshot photo of yourself (via webcam or such other method as HMX may require). You may also be subject to spontaneous identity verification checks throughout the applicable Program. The authentication of your identity may be performed by an HMX third party service provider.
5. License Grant to You; HMX’s Intellectual Property Rights
In consideration for your agreement to these Terms of Service, HMX grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site solely in accordance with the Agreements. HMX may make HMX Content (as defined below) available to you on the Site or through the Programs. You may obtain and use HMX Content only for your own personal, non-commercial use in connection with browsing the Site or participating in Programs. You may only copy and modify HMX Content as necessary for your own personal, noncommercial use. You may not transfer, retransmit, distribute, publish, commercially exploit or create derivative works of HMX Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Site or the Programs. Notwithstanding the foregoing, certain reference documents, digital textbooks, articles and other information on the Site may be made available to you with the permission of third parties, and use of such third party material may be subject to certain rules and conditions, which we will post along with the material or otherwise inform you about. You agree to abide by all such rules and conditions..
“HMX Content” means all content or other material, in whole or in part, available on the Site or through the Programs, including but not limited to lectures, speeches, discussions, comments, video lessons, quizzes, tests, presentation materials, homework assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, interactive diagrams, HTML and files. All HMX Content is the property of HMX and/or its affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
HMX logos, trademarks and service marks that may appear on the Site (“Marks”) are the property of HMX and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Site, with or without attribution, are the trademarks, service marks or logos of their respective owners.
HMX and/or its affiliates and licensors reserve all rights not expressly granted herein to the Site, Programs, HMX Content, and Marks.
6. User Submissions
The Site may also provide you with ability to upload or send information to HMX regarding the Site or related services (“Feedback”). By submitting Feedback, you hereby grant HMX an irrevocable license to use, reproduce, modify, adapt, make derivative works of, distribute, publicly perform, publicly display and otherwise disseminate and make available such Feedback, in any manner or medium now known or later developed, and to authorize others to do the foregoing.
You acknowledge that we may screen User Content, and that we shall have the right (but not the obligation), in our sole discretion, to remove any User Content without any liability to you. Without limiting the foregoing, we have the right to remove any User Content that violates the Agreements or is otherwise objectionable in our sole and absolute discretion. You agree and acknowledge that we may preserve User Content and may disclose User Content if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Service, respond to claims that any User Content violates the rights of third parties, or protect our rights, property or personal safety or that of our Users and the public.
Unless otherwise expressly agreed in writing by HMX, full payment for participation in a Program is required at the time of registration. Specific payment requirements and related terms may be provided to you at the time of registration or on the applicable, Program-specific web page.
If you withdraw before the start of a Program, you may be eligible, in HMX’s discretion, for a refund of all or part of course expenses, minus a processing fee. If you withdraw after the start of the Program, or if you are found to be in violation of the Agreements or any other HMX or Program-specific policy, you will not be issued a refund unless HMX elects to do so.
If your participation in a Program is being sponsored by your employer or Home Institution, the terms and conditions of HMX’s agreement with your employer or Home Institution will govern payment and refunds to the extent different from those set forth herein.
9. Termination of Services
You agree that HMX, in its sole discretion, may terminate your use of the Site or your participation in any Program, for any reason or no reason, and that HMX shall not have any liability to you for any such action; provided, however, that if HMX terminates your participation in a Program other than for cause (including, without limitation, your failure to comply with any term of the Agreements), you will receive a pro-rata refund of any fees you paid in connection with the Program. Without limiting any of HMX’s other rights or remedies, it is HMX’s policy to terminate in appropriate circumstances users of the Site who are repeat copyright infringers. HMX will not be required to provide you any service or engage in any activity (including but not limited to providing you Programs and/or credentials or acknowledgements relating to same) if HMX believes that the service or activity may violate any applicable law or regulation. You further acknowledge that for the purpose of any Program your sole relationship with HMX is as defined in the Agreements. Termination does not give rise to any right to any grievance or other resolution process for student disputes at Harvard Medical School, or any other school, division, institute or program of or associated with Harvard University. You agree that HMX has the right to cancel, delay, reschedule, or alter the format of any Program at any time. If you no longer wish to participate in any Program or use the Site, you may terminate your participation upon notice to HMX. The rights granted to you hereunder will terminate upon any termination of your right to use the Site or your participation in a Program, but the other provisions of the Agreements will survive any such termination.
The Site may include hyperlinks to websites or applications maintained or controlled by others. HMX is not responsible for and does not routinely screen, approve, review or endorse the contents or use of any of the products or services that may be offered at these websites or applications. If you decide to access linked third-party websites or applications, you do so at your own risk.
Account registration and participation on the Site and in any Program is generally restricted to individuals 18 years of age or older who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. Individuals under 18 years of age but 13 years of age or older may be able to register for an account and participate on the Site or in a Program in limited instances in our discretion. In those cases, we may have additional requirements for registration or access, including, for example, approval of a parent or other authorized person. By registering for a Program or participating in services or functions on the Site, you hereby represent that (i) you are 18 years of age or older and have the authority and legal capacity to enter into the Agreements, or (ii) you are 13 years of age or older, you are only registering for or accessing a Program, service or function on the Site that we have expressly allowed people between 13 and 18 years of age to register for or access, and all additional requirements (such as parental approval) that we have established for registration or access by such people have been met. In addition, those who wish to register and participate on the Site and in any Program must meet any other minimum requirements set forth in the Agreements. Programs may have additional eligibility or admission requirements, as specified on the applicable Program section of the Site. If you do not qualify or do not agree to these terms, you may not use the Site or the Programs.
12. Choice of Law; Dispute Resolution
You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements, any Program or any content or service obtained from or through the Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
13. Disclaimers of Warranty; Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, PROGRAMS AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN OR OBTAINED THEREBY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HMX DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, HMX DOES NOT WARRANT THAT (A) THE PROGRAMS OR SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PROGRAMS OR SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE PROGRAMS OR SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, SECURE OR RELIABLE, OR (D) ANY DEFECTS IN OR ON THE PROGRAMS OR SITE WILL BE CORRECTED. HMX MAKES NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE PROGRAMS AND SITE MAY BE IMPAIRED.
WHILE THE SITE AND THE PROGRAMS MAY INCLUDE INFORMATION CONCERNING MEDICAL CARE, THE INFORMATION IS PROVIDED FOR GENERAL EDUCATIONAL PURPOSES ONLY AND NONE OF IT SHOULD BE USED TO DIAGNOSE OR TREAT PATIENTS.
EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, HMX SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF THE SITE, UNAVAILABILITY OF ANY PROGRAM, SERVER OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING THE SITE OR PARTICIPATING IN A PROGRAM), ARISING OUT OF OR RELATING TO THE AGREEMENTS, THE SITE OR THE PROGRAMS, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS’ USE OF OR INABILITY TO USE THE SITE, OR YOUR PARTICIPATION IN ANY PROGRAM, OR YOUR SUBMISSION OR USE OF USER CONTENT, OR OTHERS’ USE OF YOUR USER CONTENT, OR YOUR INTERACTION WITH OTHER PROGRAM PARTICIPANTS (WHETHER ONLINE OR IN PERSON), OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY PROGRAM OR THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. HMX’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENTS, THE SITE OR THE PROGRAMS (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT OF FEES RECEIVED BY HMX FROM YOU OR ON YOUR BEHALF FOR OR IN CONNECTION WITH THE SITE AND ANY PROGRAMS IN ANY TWELVE MONTH PERIOD OR (2) $100. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT HMX HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT.
FOR PURPOSES OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, AS WELL AS THE INDEMNITY IN SECTION 14 BELOW, “HMX” INCLUDES THE CORPORATE BODY PRESIDENT AND FELLOWS OF HARVARD COLLEGE, ALSO KNOWN AS HARVARD UNIVERSITY, AND ITS VARIOUS SCHOOLS (INCLUDING BUT NOT LIMITED TO HARVARD MEDICAL SCHOOL), THE MEMBERS OF ITS GOVERNING BOARDS, AND ITS OFFICERS, FACULTY MEMBERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold harmless HMX from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of the Site or Programs in violation of the Agreements; (b) your violation of any law or rights of any third party; or (c) information or content that you post or otherwise make available on the Site or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
15. Copyright Policy
Copyright owners who believe their material has been infringed on the Site should contact Harvard’s DMCA agent as specified at www.harvard.edu/reporting-copyright-infringements
The failure of HMX to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements 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, to the extent that may lawfully be done, and the other provisions of these Terms of Service shall remain in full force and effect.
HMX may freely transfer or assign any portion of its rights or delegate its obligations under the Agreements. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Agreements without the prior written consent of HMX, and any attempted such transfer or assignment shall be void and of no effect.
(Revised 3 June 2016)