By using the Platform, you accept and agree to be legally bound by the Agreement. If you do not understand or do not wish to be bound by the terms of the Agreement, do not use the Platform.
ExecOnline reserves the right to modify the Agreement at any time. Any changes to the Agreement will be effective immediately upon posting on this page, with an updated effective date. If, in our sole discretion, we determine the changes to be material, we will make reasonable efforts to notify you via your registered e-mail address or through your sponsoring organization. By accessing the Platform after any changes have been made, you signify your agreement to the modified Agreement.
Through the Platform, ExecOnline offers online Programs in specific areas of executive education or on particular topics (each, a “Program”). ExecOnline reserves the right to cancel, interrupt or reschedule any Program or modify its content. Programs offered are subject to the Agreement, including without limitation the No Warranties and Limitation of Liability sections below.
3. User Conduct
When participating in a Program, you agree to complete all work, including any assignments, associated with each Program in which you may be enrolled with your own, original work and only your own, original work and not to engage in any activity that would dishonestly improve your results, or improve or hurt the results of others.
ExecOnline fosters an open and trusted environment for executives to discuss their ideas, their experiences, their successes and failures. To protect all participants, you agree to treat the contributions of others as confidential. In addition, you agree not to reveal information that your sponsoring organization requires you to keep confidential in a non-disclosure agreement, confidentiality agreement or other corporate policy. Neither ExecOnline nor any of its partners are responsible or liable for any confidential information that may be revealed via the Platform.
You agree that you are responsible for your own use of the Platform and for your User Content, as well as any content of others that you submit, post, publish or distribute on the Platform. “User Content” includes all content, in whatever format, submitted, posted, published or distributed on the Platform by a user, including but not limited to all notes, questions, answers, comments, text, pictures, videos and file uploads. You agree to limit your User Content to information that is relevant and related to the Program or to executive education in general.
You agree that you will use the Platform in compliance with the Agreement 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 PLATFORM:
- 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; for example, confidential corporate information of current or former employers;
- Content that is the property of others, unless you have permission or other legal right to use;
- 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.
ExecOnline 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 Platform in any manner intended to damage, disable, overburden or impair any part of the Platform or the computer equipment or network(s) connected to the Platform or to disrupt or interfere with any Program or any other user’s use and enjoyment of the Platform; (b) attempt to gain unauthorized access to the Platform, other user accounts, computer equipment or networks connected to the Platform through hacking, password mining or any other means; (c) obtain or attempt to obtain any materials or information on or via the Platform not intentionally made available through the Platform; (d) copy or use any portion of the Platform other than as expressly allowed under the Agreement; (e) use any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts); (f) frame the Platform, 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 Platform.
From time to time, ExecOnline may ask you for feedback about your Program experience. You grant ExecOnline a non-exclusive, royalty free licenses to use, reproduce, modify or publish your feedback on our website or in our marketing materials for the purpose of promoting ExecOnline and our Programs.
4. User Accounts and User Registration
In order to participate in Platform activities, you must register for a personal account on the Platform (a “User Account”) by providing an email address for your User Account, as well as any additional information required. You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use, and access only your registered Accounts, and that you will not access the Platform using any User Account other than your own.
You agree to notify us immediately upon becoming aware of, or suspecting any, unauthorized use of your User Account. ExecOnline is not responsible for any loss or damage arising from unauthorized access to your User Account.
In registering for a User Account 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 Platform or enrollment in Programs. You represent that all such information provided by you is accurate, current, complete, and complies with your obligations under the Agreement. You also agree to maintain and update such information to keep it accurate, current and complete while your course program is active. 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 Platform.
By registering for a User Account or a Program, you consent to receive communications from us regarding ExecOnline and the Program(s) for which you have registered.
5. DISCLAIMER OF STUDENT-UNIVERSITY RELATIONSHIP
6. License Granted to You
In consideration of your consent to this Agreement, ExecOnline grants you a personal, non-exclusive, non-transferable, revocable license to access and use thePlatform solely in accordance with the Agreement.
7. Program Content
You may download Program Content (described below) from the Platform only for your own personal, non-commercial use in connection with participating in Programs. You may not otherwise transfer, copy, reproduce, retransmit, distribute, publish, commercially exploit or modify or create derivative works of Program Content without the expressed written consent of ExecOnline. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or Programs. In certain situations, course materials, including but not limited to reference documents, digital textbooks, articles may be made available to you 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 materials. By using this Platform, you agree to abide by all such rules and conditions.
“Program Content” means all content or other material, in whole or in part, available on our websiite or through the Platform or Programs, including but not limited to lectures, speeches, video lessons, quizzes, tests, presentation materials, homework assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files. All Program Content is the property of ExecOnline and/or its university partners, affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
ExecOnline logos, trademarks and service marks (“Marks”) are the property of ExecOnline and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the Platform, with or without attribution, are the trademarks, service marks or logos of their respective owners.
If you need to cancel your enrollment prior to the start of a Program, you must contact your sponsoring organization and ExecOnline immediately. Due to program demand and the volume of pre-program preparation, once a participant is registered for a specific program and run date, that participant’s Executive Participation Credit may not be refunded or carried over if withdrawal requests are received by ExecOnline 14 or fewer days before the program start date. Once a Program has begun, you cannot cancel your enrollment. In rare situations involving unforeseen and extenuating circumstances (e.g. medical emergency),you may request to defer your participation to the next offering of the same Program (a “Deferral”). Deferral may be granted at the sole discretion of ExecOnline. Deferrals cannot be granted after the commencement of the 3rd week of the program. Participation credit applied to a given executive may be transferred to another executive from the same company (a “Replacement”) provided ExecOnline receives notice of the Replacement request prior to the commencement of the 3rd week of the program.
9. Data Privacy
ExecOnline collects, uses and shares your personal information in accordance with our Privacy Notice. By using the Platform, you agree to the terms described in that Privacy Notice. If you do not agree to the information practices described in the Privacy Notice, you should not use the Platform.
In addition, you agree not to disclose information about individuals that may be deemed personally identifiable under applicable laws, including but not limited to, personal health or financial information or personal information about children under the age of 13.
10. No Warranties
YOU AGREE THAT YOU USE THE PLATFORM “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXECONLINE, ITS UNIVERSITY PARTNERS AND ITS SERVICE PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM. ExecOnline disclaims all liability for (i) the accuracy, availability or reliability of the Platform or Program Content (ii) harm to your computer, loss of data or other harm resulting from your access to the Platform, (iii) loss of or failure to transmit User Content, and other loss or damage arising from your use of the Platform.
In the event ExecOnline provides links to third-party websites or services, we do so for information purposes only. We make no representations as to the accuracy, legality or availability of any such sites.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXECONLINE SHALL NOT BE LIABLE TO YOU ON ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUES, DATA, GOODWILL OR ANY OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE PLATFORM, INCLUDING (I) THE INABILITY TO ACCESS THE PLATFORM, (II) ACTS OR OMISSIONS OF THIRD PARTIES, (III) CONDUCT OR CONTENT OF THIRD PARTIES ON THE PLATFORM, INCLUDING THE DISCLOSURE OF CONFIDENTIAL BUSINESS INFORMATION, (IV) UNAUTHORIZED USE OR ACCESS TO YOUR USER ACCOUNT OR USER CONTENT.
Under no circumstances will the amount of ExecOnline’s liability exceed the amount paid for one Executive Participation Credit for one Program (as defined in your sponsoring organization’s ExecOnline sales agreement).
You agree to defend, indemnify, and hold ExecOnline, its officers, directors, employees, successors, university partners, service providers, and assignees harmless from and against all loss, expenses, damages, and costs, including, without limitation, reasonable legal fees, arising or resulting from your intentional and willful breach of this Agreement or your intentional unauthorized use or misuse of the Platform.
This Agreement will remain in effect until terminated by you or ExecOnline. We reserve the right to terminate this Agreement or to change the Platform at any time and for any reason, including your violation of this Agreement or for business reasons. The warranties, limitation of liability and jurisdictional provisions survive any termination. Your warranties and indemnification obligations survive any termination for one year.
14. Other provisions
ExecOnline’s failure to enforce any provision of this Agreement does not constitute a waiver of its right to do so.If any provision of this Agreement is deemed unenforceable by a court of law of competent jurisdiction, the provision will be removed and the remaining terms of the Agreement will remain valid and in effect. We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Platform. This Agreement and our Privacy Notice constitute the entire agreement between you and ExecOnline and supersede any other agreements between you and ExecOnline, whether written or oral. This Agreement shall be construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law rules.
ExecOnline values our partnership with executive participants. If you have any questions regarding our policies, please contact us at firstname.lastname@example.org.