List of active policies
- Key Terms Used in this Policy
- Information that Saylor Academy collects from You
- Legal Basis for Processing Personal Information
- Your Rights to Your Personal Information
- Cookies and Tracking Technologies on the Saylor Academy Sites
- How Your Information is Used
- How Your Information is Shared
- How to Manage Your Personal Information
- Access and correct your Personal Information
- Restrict or object to the processing of Personal Information
- Delete account and Personal Information
- Data Retention
- Usage of Sites by Children & Personal Information
- Data Storage & Security
- Security Breach Notifications
- California Privacy Rights
- International Privacy Practices
- Contact Information
Key Terms Used in this Policy
Cookies are unique identifiers usually in the form of small data files placed on your device that send certain information about your activity on the Saylor Academy Sites or in an email communication back to Saylor Academy or the authorized third party that served the cookie. Saylor Academy or third parties may also use Flash cookies.
Saylor Academy Sites consists of all content and pages located within the www.saylor.org web domain, including its Moodle instance found at learn.saylor.org, its Discourse Forums and any Saylor Academy mobile applications.
Personal Information is information that specifically identifies you or that, when combined with other information, could be used to identify you, such as your name, location, IP address or other similar identifiers specific to you.
Tracking Technologies are web beacons, pixels, and similar technologies that are also unique identifiers used to track your online activity.
Information Saylor Academy Collects from You
Saylor Academy directly collects information when you:
- sign up for an Saylor Academy user account and create an Saylor Academy user profile;
- enroll and participate in online courses;
- send email messages to Saylor Academy (including messages to our help desk email: email@example.com);
- participate in user surveys; and
- participate in public forums, webinars, and other interactive experiences on the Saylor Academy Sites.
Saylor Academy also indirectly collects usage information about your visit to the Saylor Academy Sites, as explained in the section below titled Cookies and Tracking Technologies. Saylor Academy requires your Personal Information only in limited circumstances when you:
- sign up for an Saylor Academy user account (name, username, email address);
- earn and claim a course completion certificate so that Saylor Academy’s third-party vendor can authenticate your identity or prepare the certificate for use and display by you;
- participate in remote proctoring or other course facilitation processes (so that Saylor Academy’s third-party vendor can monitor and assess the integrity of your course activity); or
- request an academic transcript.
To the extent that Saylor Academy associates the information that Saylor Academy collects directly or indirectly with an individual (for example, you), the association is based on Personal Information in your account profile. You may voluntarily choose to share additional Personal Information on the Saylor Academy Sites, for example:
- in your Saylor Academy account profile (and you may display a limited or full profile to other Saylor Academy Sites users); or
- when participating in a course, forum, webinar, or other interactive experience on the Saylor Academy Sites (noting that in some cases, this information is shared with a third party that provides tools or other assistance for the Saylor Academy Sites or a course).
Saylor Academy encourages you to use discretion before voluntarily sharing additional Personal Information on the Saylor Academy Sites. (If you later choose to delete your Saylor Academy account, deletion of your Personal Information will be subject to the process and limits outlined below.)
Legal Basis for Processing Personal Information
- we need to perform a contract with you;
- you have given us consent to do so;
- the processing is in our vital or legitimate interests, such as properly identifying students for course certificates and transcripts, and it’s not overridden by your rights;
- to comply with applicable law
Your Rights to Your Personal Information
You have certain rights in relation to your Personal Information. You can access your Personal Information provided in your profile and confirm that it remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners by logging into the Sites and visiting your user account. If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via firstname.lastname@example.org. If you reside or are located in the European Union (“EU”), you also have the right to request that we:
- provide access to any Personal Information we hold about you;
- prevent the processing of your Personal Information for direct-marketing purposes;
- update any Personal Information which is out of date or incorrect;
- delete any Personal Information which we are holding about you;
- restrict the way that we process your Personal Information;
- provide your Personal Information to a third party provider of services; or
- provide you with a copy of any Personal Information which we hold about you.
We try to answer every email promptly where possible, and provide our response within the time period stated by applicable law. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personal Information. Please also note that certain Personal Information may be exempt from such requests in certain circumstances, which may include if we need to keep processing your Personal Information to comply with a legal obligation. When you email us with a request, we may ask that you provide us with information necessary to confirm your identity.
Cookies and Tracking Technologies
- based on your cookie settings, Saylor Academy may track information indicating, among other things, which pages of the Saylor Academy Sites were visited, the order in which they were visited, when they were visited, and which hyperlinks and other user interface controls were used;
- Saylor Academy may log the IP address, operating system, and browser software (including mobile use and device type when you use Saylor Academy native mobile apps) you used when accessing the Saylor Academy Sites, and Saylor Academy may be able to determine from an IP address your Internet Service Provider and the geographic location of your point of connectivity; and
- Saylor Academy may track and collect information from emails that Saylor Academy sends to you, for example whether you opened the email or clicked on any links from the email.
- when necessary for system administration, security, and integrity to ensure the Saylor Academy Sites works properly for you. Without these technologies, the Saylor Academy Sites may not function correctly;
- to enable analytics, performance and functionality, to help Saylor Academy gather information about how visitors use the Saylor Academy Sites and monitor Saylor Academy Sites performance, and to enhance your experience by recognizing and remembering whether you have visited the Saylor Academy Sites before and may have any personal preferences; and
- to support marketing by enabling Saylor Academy to deliver content relevant to your interests on the Saylor Academy Sites and third-party Sites based on how you interact with Saylor Academy, its advertisements or content. Saylor Academy may use “first-party” cookies, which means cookies served by Saylor Academy, and also “third-party” cookies, which means cookies served by third parties that help Saylor Academy track this information.
You have some options for managing Cookies and other Tracking Technologies. These include:
- Modifying your browser settings: You should be able to control how and whether your web browser accepts Cookies by adjusting its privacy and security settings. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new Cookies, how to receive notification of new Cookies, and how to disable existing Cookies. If you reject Saylor Academy’s Cookies, some functions and conveniences of the Saylor Academy Sites may not work properly.
- Opting-out of certain third-party tracking and advertising: Some of the third parties used by Saylor Academy for Cookies and Tracking Technologies offer the ability to opt-out from their tracking by following processes described on their websites. A list of some such third parties is maintained and available on this page: https://www.saylor.org/privacy-policy/third-parties. Saylor Academy is not responsible for the effectiveness of any third-party opt-out options.
How Your Information is Used
Saylor Academy uses information, including Personal Information, to carry out the following purposes:
- Operate and improve the Saylor Academy Sites – This includes creating and improving features that support the Saylor Academy community and enable Saylor Academy Sites usage at scale. This also may include personalizing the Saylor Academy Sites, so your learning experience is tailored to your interests and needs.
- Create, administer, provide, and teach courses – This includes creating and improving the delivery of our courses and programs on the Saylor Academy Sites. This may also include personalizing courses, so your learning experience is tailored to your interests and needs, and assessing your performance and awarding certificates.
- Offer and improve products and services – This includes enabling you to navigate the Saylor Academy Sites, to enroll and participate in courses and programs on the Saylor Academy Sites, to learn effectively in such courses and programs, and to purchase or obtain products and services on the Saylor Academy Sites such as Accredible Certificates or our exam proctor partner ProctorU.
- Develop and maintain the security and performance of the Saylor Academy Sites – This includes tracking Saylor Academy Sites outages and creating software solutions, detecting violations of the Honor Code and Terms of Service, and monitoring uses, misuses, and potential misuses of the Saylor Academy Sites.
- Communicate with you – This includes answering your questions, notifying you of Saylor Academy Sites maintenance and updates, marketing to you about course offerings, programs, news, and related products and services of Saylor Academy.
- Track Saylor Academy Sites usage against goals and mission – This includes performing analytics to evaluate access to and performance in courses and course-related products and services and to report aggregate usage information (not Personal Information) to business partners and external audiences.
- Exercise, enforce, and comply with legal rights and obligations – This includes responding to subpoenas, court orders, or other legal process; and investigating, preventing, or taking action regarding illegal activities, suspected fraud, security or technical issues, or to protect the rights, property, or safety of Saylor Academy, or others, and as otherwise required by applicable law.
Saylor Academy may also seek your consent for additional uses of information, including Personal Information, and will use it only for the purpose described to you. All use of Personal Information is subject to applicable law.
How Your Information is Shared
Saylor Academy shares information, including Personal Information, with third parties for the following purposes:
- With other learners in courses that you take and with other visitors to the Saylor Academy Sites, to create an interactive learning environment, support class participation, and share course information – This includes sharing comments, coursework, or other information or content that you submit to a portion of the Saylor Academy Sites, such as our Discourse Forums designed for viewing by other class members or for public communication. This also includes providing opportunities for you to communicate with other users who may have similar interests or educational goals, for instance, recommending specific study partners or connecting potential student mentees and mentors. In such cases, Saylor Academy may use all information collected about you to determine who might be interested in communicating with you, but will only provide others your username as you elect for it to be displayed (for clarity, unless part of the username you choose to display, we do not disclose your real name or email address for these purposes).
- With employers, government programs, institutions, or other enterprises that sponsor your enrollment in a course for training or other educational purposes – If an entity partners with Saylor Academy or otherwise sponsors your course participation, Saylor Academy will share information with the entity as needed to confirm your enrollment, participation, progress, and completion status in that course.
Saylor Academy may also seek your consent for additional disclosures of information, including Personal Information, and will share it only as described to you. In addition, Saylor Academy may share with the public and with third parties, including but not limited to researchers and business partners, information and Personal Information that is anonymized or aggregated in a manner that does not personally identify you.
How to Manage Your Personal Information
You can manage your Personal Information through learner features on the Saylor Academy Sites and requests to the Saylor Academy learner support team. Saylor Academy will provide support to the extent required by applicable law (for example, learners in the European Union) and more broadly when possible, as a courtesy in our sole discretion.
Access and correct your Personal Information
Much of your Personal Information is available in your Saylor Academy account. Your name, email address, and other identifiable profile information is editable through the profile settings in your Saylor Academy account except as noted below. Your account dashboard lists all current and archived courses in which you have enrolled and includes links to any course certificates you may have earned. The dashboard also contains copies of your answers and other participation and performance in courses. Please contact Saylor Academy learner support to access and update this or other information. Exceptions: Saylor Academy does not track or index every time or every place on the Saylor Academy Sites when or where a learner may volunteer Personal Information, so Saylor Academy may not be able to help you locate or manage all such instances. Saylor Academy encourages you to use discretion before volunteering Personal Information on the Saylor Academy Sites.
Restrict or object to the processing of Personal Information
If you want to manage emails and other communications to you, you may update your preferences in your Saylor Academy account dashboard, follow the steps described in links at the bottom of email messages, or contact Saylor Academy support. You may object to, or request that Saylor Academy stop, its use of your Personal Information for other purposes by contacting Saylor Academy. Please note that if you choose to restrict Saylor Academy’s ability to process Personal Information, and the processing is otherwise required to provide you with various services and products offered on the Saylor Academy Sites, you may not be able to establish or maintain a Saylor Academy user account or enroll for a courses or earn certificates.
Delete account and Personal Information
To request deletion of your Saylor Academy account and Personal Information, you should send us an email requesting deletion or cancellation. Because deletion on the Saylor Academy system is a permanent action and cannot be reversed, Saylor Academy may ask you to complete a process that aims to confirm your authority to manage the Saylor Academy account affected by your request. With respect to your Saylor Academy account, Saylor Academy will permanently:
- deactivate your Saylor Academy account;
- remove the active profile;
- anonymize or delete forum posts;
- delete certificates from provider site;
- retire your username; and
- remove you from Saylor Academy email lists.
With respect to your Personal Information, Saylor Academy will permanently delete your Saylor Academy account profile Personal Information from the Saylor Academy Sites. As noted above, to the extent that Saylor Academy associates the information that Saylor Academy collects directly or indirectly with an individual (for example, you), the association is based on Personal Information in your Saylor Academy account profile. By erasing the Personal Information in your Saylor Academy account profile, the remaining information about your activity on the Saylor Academy Sites will no longer be associated with you, except as noted below. These changes will be applied to data stores that are used for operation of the Saylor Academy Sites including for course administration and completion records. Exceptions: Deletion will not apply to historical activity logs or archives unless and until these logs and data naturally “age-off” the Saylor Academy system. Saylor Academy does not track or index every time or every place on the Saylor Academy Sites when or where a learner may volunteer Personal Information, so Saylor Academy may not be able to help you locate or manage all such instances. Saylor Academy encourages you to use discretion before voluntarily sharing your Personal Information on the Saylor Academy Sites. We will make reasonable efforts to delete information, however, Saylor Academy cannot always delete all records of past interactions and transactions. Saylor Academy will retain and use Personal Information as necessary to comply with its legal obligations, resolve disputes, enforce its agreements, and as otherwise permitted by applicable law.
Saylor Academy will retain your Personal Information for as long as your account is active or as needed to provide you with services; to maintain a record of your transactions for financial reporting, audit, and compliance purposes; and to comply with Saylor Academy’s legal obligations, resolve disputes, enforce its agreements, and as otherwise permitted by applicable law. Upon your request that Saylor Academy deactivate your account and delete your information we will follow the process described herein.
Usage of Sites by Children & Personal Information
Data Storage & Security
Saylor Academy may store information, including Personal Information, on its own servers and also on servers of companies that Saylor Academy hires to provide services. In each case, information may be stored in the United States and in other countries where Saylor Academy operates. If you are in the European Union, Switzerland, or other regions with laws governing data collection and use, you acknowledge that Saylor Academy may transfer, process and store your personal information in the United States and other countries, the privacy laws of which may be considered less strict than those of your region. Saylor Academy utilizes reasonable administrative, physical, and technical safeguards that attempt to reasonably and appropriately protect the confidentiality, integrity, and availability of the information that it collects, receives, stores, or transmits. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure; and therefore, Saylor Academy cannot guarantee its absolute security. While Saylor Academy works hard to ensure the integrity and security of its network and systems, Saylor Academy cannot guarantee that its security measures will prevent “hackers” or other unauthorized persons from illegally accessing or obtaining information.
Security Breach Notifications
If Saylor Academy learns of a security breach involving its copy of your Personal Information, Saylor Academy may attempt to notify you electronically so that you may take appropriate protective steps. By using the Saylor Academy Sites or providing Personal Information to Saylor Academy, you agree that Saylor Academy can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Saylor Academy Sites. If a security systems breach occurs, Saylor Academy may post a notice on the Saylor Academy homepage (www.saylor.org) or elsewhere on the Saylor Academy Sites and may send an email to you at the email address associated with your Saylor Academy account. Depending on where you are located, you may have a legal right to receive notice of a security breach, involving your Personal Information, in writing.
California Privacy Rights
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes.
International Privacy Practices
Saylor Academy’s Sites are primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, we may send and store your Personally Identifiable Information (also commonly referred to as personal data) outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your Personally Identifiable Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personal Information. We are committed to taking reasonable steps to protect the privacy and confidentiality of Personal Information when it is transferred. If you reside or are located within the EU and such transfers occur, we strive to take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EU to the extent feasible under applicable law.
If you have privacy concerns, have disclosed data you would prefer to keep private, or would like to access the Personal Information that Saylor Academy maintains about you, please contact us at email@example.com.
Effective Date: July 22 2020
Table of Contents
- Your Agreement to the Terms.
- Changes to the Terms.
- Provision of the Websites and Services.
- Location of the Websites and Services.
- User Conduct.
- Terms Relating to Content on the Websites and Services.
- Third Party Websites and Content; Links.
- Participating in Our Community: Registered Users.
- Registration; Security.
- Disclaimer of Warranties.
- Limitation of Liability.
- Copyright Complaints; DMCA Compliance.
- Termination of this Agreement.
- Choice of Law & Arbitration.
- Miscellaneous Terms.
2. Your Agreement to the Terms. Your access or use in any way of any Foundation controlled Website or Service, including, but not limited to, our course platform and discussion forums signifies that you have read, understand and agree to be bound by these Terms. By accessing or using any Foundation controlled Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
3. Changes to the Terms. From time to time, the Foundation may change, remove, add to or otherwise modify the Terms, and reserves the right to do so at its discretion. In that case, we will post the updated Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately. Notwithstanding the foregoing, no modification to the Terms will apply to any dispute between you and the Foundation that arose prior to the effective date of any modification. Your continued use of any Foundation controlled Website or Service after new and/or revised Terms are effective signifies that you have read, understood and agreed to those Terms.
4. Provision of the Websites and Services. You may only use the Websites and Services in accordance with these Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on any Website or Service.
5. Location of the Websites and Services. The Websites and Services are controlled and offered by the Foundation from facilities in the United States of America. The Foundation makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to Content (as defined below) hosted on servers located outside of the United States of America.
- Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
- Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another user;
- Use or attempt to use another’s account, service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
- Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
- Use any means to bypass or ignore any measures we use to restrict access or use of the Websites or Services;
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any personally identifiable information about persons under 13 years of age;
- Engage in any other behavior that impairs the Foundation’s ability to provide the Website or Services or any user’s ability to fully utilize the Website or Services.
- In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website); or, (ii) use any Website or function, in any manner that could disable, overburden, damage or impair such Website or function, or interfere with any other party’s use and enjoyment of any Website or function.
- Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is the Foundation liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
- Content You Provide. You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with these Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Foundation controlled Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. The Foundation may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content at its sole discretion that the Foundation determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. The Foundation does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize the Foundation to make copies of your Content as deemed necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and the Foundation will take reasonable steps to promptly remove such Content; provided, however, that the Foundation can remove any such Content only from its Websites and is not responsible for removing Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers. If you choose to remove your Content, the Foundation license you granted when submitting such Content will remain in full force and effect in accordance with its terms.
- Use of Content on the Website or Services. You may use the Content you find on the Websites or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content, except as explicitly authorized in or required by the terms of the Content license.
You represent and warrant to the Foundation that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using the Websites or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. The Foundation does not guarantee that all Content made available on the Websites or Services does not infringe the rights of any third party.
8. Third Party Websites and Content; Links. The Websites or Services may contain links to websites not controlled by the Foundation (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than the Foundation (“Third Party Content”). You further acknowledge that the Foundation (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
9. Participating in Our Community: Registered Users. Registering for an account on any Foundation controlled Services, Websites, or webpage including, but not limited, to our course platform and discussion forums is void where prohibited. Only persons who are over the age of majority in their geographic jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but 13 years of age or older, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms. Individuals that register for an account on any of the Websites or use the related Services are defined as “Registered Users.” By registering for an account or using the Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are 13 years of age or older and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Terms. All services offered to Registered Users, including but not limited to the course platform, are provided subject to these Terms. The Foundation reserves the right to modify or discontinue the accounts of users and related Services at any time. The Foundation disclaims any and all liability to users and third parties in the event the Foundation exercises its right to modify or discontinue user accounts or related Services.
10. Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to the Foundation, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that the Foundation has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so. In addition, the Foundation may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as the Foundation deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by the Foundation at any time and for any reason whatsoever, without notice. In addition, the Foundation reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by the Foundation in its complete discretion.
11. Disclaimer of Warranties. To the fullest extent permitted by the applicable law, the Foundation offers its websites and services “AS-IS” and makes no representations or warranties of any kind concerning the Websites or Services, express, implied, statutory or otherwise, including, without limitation, Warranties of Title, Merchantability, Fitness for a Particular Purpose, or non-infringement. The Foundation does not warrant that the functions or content contained in its Websites or accessed through its Services will be uninterrupted or error-free, that defects will be corrected, or that the Foundation servers are free of viruses or other harmful components. The Foundation does not warrant or make any representation regarding use or the result of the use of the content in terms of accuracy, reliability, or otherwise.
12. Limitation of Liability. Except to the extent required by applicable law and then only to that extent, in no event will the Foundation, its employees, officers, directors, affiliates or agents (“The Foundation Parties”) be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that may arise in connection with the Foundation controlled Websites or Services (or the termination thereof for any reason), even if the Foundation Parties have been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The Foundation Parties shall not be responsible or liable whatsoever in any manner for any content posted on the Websites or Services (including claims of infringement relating to content posted on the Websites or Services), for your use of the Websites or Services, or for the conduct of third parties whether on the Websites, in connection with the Services or otherwise relating to the Services.
15. Copyright Complaints; DMCA Compliance. The
Foundation respects the intellectual property rights of others, and we
prohibit users of our Websites and Services from submitting, uploading,
posting or otherwise transmitting any materials that violate another
person’s intellectual property rights. The Foundation complies with the
provisions of the Digital Millennium Copyright Act (“DMCA”). As required
by the DMCA, a Designated Agent has been established with proper
documentation sent to the US Copyright Office. For more information,
please refer to our DMCA Notice and Takedown Procedure (https://www.saylor.org/dmca). Contact our designated agent to report alleged copyright infringement. The designated agent is:
Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine, in our sole discretion, to be intentional infringers of others’ copyrights. Content hosted on Third Party Websites is the responsibility of those Websites. If you are the copyright owner of Content hosted on a Third Party Website, and you have not authorized the use of your Content, please contact the administrator of the hosting Website directly to have the Content removed.
16. Termination of this Agreement. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Terms. The Foundation may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as the Foundation deems appropriate in its sole discretion. The disclaimer of warranties, arbitration, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination.
17. Choice of Law & Arbitration. These Terms are governed by and construed by the laws of the District of Columbia, in the United States, exclusive of its choice of law rules. Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the Website or Services or these Terms shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in the Washington, D.C. area, without resort to any form of class action, and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Website or Services, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the Website or Services waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or any rights and obligations arising from use of the Website or Services or these Terms, shall be governed by, and construed in accordance with, the laws of the District of Columbia without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the District of Columbia. Please note that this arbitration provision shall survive the termination of your relationship with us.
18. Miscellaneous Terms. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, fiduciary, or agency relationship exists between you and the Foundation as a result of these Terms, or your use of any of the Websites or Services. These Terms constitute the entire agreement between you and the Foundation relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by the Foundation from time to time) between you and the Foundation. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.