Last modified: July 12, 2022
By visiting and using the New York University (the “School”) the Master of Arts in School Counseling, Master of Science in Communicative Sciences and Disorders and Master of Arts in School Counseling with Advanced Certificate in School Counseling Online Campus Privacy Policy (the “Programs”) online campus (including all content, information, and functionality available through the Counseling@NYU and Speech@NYU domain names, mobile applications, and any other media, software, devices or networks now in existence or developed later in connection with the Programs) (the “Website”), you agree, without limitation or qualification, to be bound by the following terms and conditions of use (“Terms of Use”) and the Master of Arts in School Counseling and Master of Science in Communicative Sciences and Disorders Online Campus Privacy Policy (“Privacy Policy”), available here and incorporated herein by reference.
2U, Inc. (“2U” or “Company”) reserves the right to modify or revise the Terms of Use and/or Privacy Policy, in its sole discretion, at any time. By visiting and using the Website, you agree to be bound by any and all subsequent modifications or revisions. 2U will attempt to notify Website users whenever it modifies or revises these Terms of Use; however, it recommends that Website users review the most up-to-date version of the Terms of Use and Privacy Policy periodically.
You warrant and represent that you are either 18 years of age or older, an emancipated minor, or possess legal parental and/or guardian consent, and are capable of entering into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Use and in the Privacy Policy.
The Website is part of a web-based learning management system (“LMS”) that connects students, faculty, and administration in the Programs.
You acknowledge and agree that 2U may communicate with you and send you administrative messages and service announcements. You are not permitted to opt out of receiving them while enrolled in the Programs.
You warrant and represent that all information you provide within the Website is accurate, current, and complete. You are responsible for maintaining and updating your account information to ensure that all information remains accurate, current, and complete. If you provide information that is not accurate, current, or complete, or if 2U has reason to believe that information you provided is not accurate, current, or complete, 2U has the right to suspend or terminate your account and prohibit you from any and all future use.
You are solely responsible for all activity associated with your account login and password, including, but not limited to, your online conduct and use of the Website, and the consequences of any misuse. You are solely responsible for maintaining the confidentiality of your account login and password. You are required to notify 2U at privacy@2u.com immediately of any unauthorized use of your account login and password. Please include “Unauthorized Access” in the subject line of any such email.
You acknowledge and agree that 2U owns and retains all propriety rights in the Website. The Website contains copyrighted material (including but not limited to text, graphics, videos, images, music, sounds, source code, user generated content, and compilations of individual data), trademarks, and other proprietary information (collectively, “Proprietary Information”). You warrant and represent that you will not copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any Proprietary Information (including but not limited to any Proprietary Information that you download), excluding information that is in the public domain or has been licensed to you. Additionally, you further warrant and represent that you will not endeavor to ascertain any source code used in connection with the Website.
You acknowledge and agree that you alone are responsible for any and all text, graphics, videos, images, music, sounds, and any other content that you publish, upload, display, or transmit on or through the Website (collectively “Content”). You shall not publish, upload, display, or transmit any Content that you did not create and that you do not have permission to publish, upload, display, or transmit. You acknowledge and agree that 2U and/or School, in their sole discretion, may, but are not otherwise obligated to, review the Content posted on the Website and may delete or remove any Content, for any reason, including (but not limited to) after a determination that the Content violates these Terms of Use or is offensive or illegal, or may violate the rights of, harm, or threaten the safety of others. You alone are responsible for creating back-up copies of any Content that you post on the Website or otherwise provide to 2U or School, and any necessary replacement thereof.
By publishing, uploading, displaying or transmitting Content to the Website, you permit and direct School and/or 2U to create such copies of your Content as may be deemed necessary in order to facilitate the posting and storage of Content on the Website. By publishing, uploading, displaying, or transmitting Content to the Website, you grant, warrant, and represent that you are capable of granting to School an unlimited, transferable, irrevocable, fully paid, and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit for any purpose, commercial, advertising, or otherwise, any Content posted by you on the Website. You may remove any Content posted by you on the Website at any time, unless otherwise instructed by your professor or by School. If you remove the Content posted by you on the Website, the above-granted license will expire immediately; however, you acknowledge and agree that School and/or 2U may preserve any and all archived copies of your Content, and you agree that any previous uses by School and/or 2U prior to you removal, or derivative works created by 2U and/or School from such previous uses (including where incorporated into other works and materials), shall remain fully permissible as set forth hereunder.
By publishing, uploading, displaying or transmitting Content to the Website, you permit other members of the Website community to access, view, store and reproduce any Content posted by you on the Website to the extent permitted herein, subject to any applicable restrictions.
By publishing, uploading, displaying, or transmitting Content to the Website, you grant all ownership rights to your Content, and any intellectual property rights and/or any other proprietary interests associated with your Content, to School.
You acknowledge and agree that the Website is made available to you for your personal, academic, and non-commercial use only. You warrant and represent that the Content submitted, posted, transmitted or shared by you on or through the Website shall not include any libelous, defamatory, or otherwise unlawful material; or violate or infringe upon the rights of any third-party, including but not limited to any and all copyright, trademark, privacy, publicity, or other personal or proprietary rights.
Additionally, you warrant and represent that you will not visit or use the Website to:
2U grants you a limited, non-transferable, revocable and non-exclusive right to create a hyperlink to the Website solely for your personal, non-commercial use. If you choose to create a hyperlink to the Website, you warrant and represent that any website or webpage that contains such a hyperlink will not:
The Website may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). 2U does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. 2U is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website does not indicate School’s and/or 2U’s approval or endorsement thereof. If you choose to leave the Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
You expressly acknowledge and agree that your use of the Website is at your sole risk and that the Website is provided “as is” and “as available.” In particular, School and/or 2U, their subsidiaries, agents, affiliates and/or licensors do not represent or warrant to you that: (a) your use of the Website will meet your academic requirements; (b) your use of the Website will be uninterrupted, timely, secure, or free from error; (c) any information obtained by you as a result of your use of the Website will be accurate or reliable; or (d) that defects in the operation or functionality of any software provided to you as part of the Website will be corrected.
Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from School and/or 2U, their subsidiaries, agents, affiliates and/or licensors, or other users of the Website, or through or from the Website shall create any warranty not expressly stated in these Terms of Use. 2U and/or School further expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in these Terms of Use shall exclude or limit 2U’s warranty or liability for losses, which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract, or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and 2U’s and/or School’s liability will be limited to the maximum extent permitted by law.
You expressly understand and agree that neither School nor 2U, their subsidiaries, agents, affiliates, and/or licensors shall be liable to you for: (a) any indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill, any loss of data suffered, or other intangible loss; or (b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of (i) any changes which 2U may make to the Website, or for any permanent or temporary cessation in the provision of the Website (or any features within the Website); (ii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Website; (iii) your failure to provide School and/or 2U with accurate personal information; or (iv) your failure to keep your password or account details secure and confidential.
The limitations on 2U’s and/or School’s liability to you shall apply whether or not 2U and/or School have been advised of or should have been aware of the possibility of any such losses arising.
You agree and acknowledge that you will not post any inappropriate Content on the Website, including, but not limited to, copyrighted materials, defamatory statements, or obscene materials. If you do post inappropriate Content, you agree to indemnify, defend, and hold harmless 2U, School, and their respective officers, directors, employees, agents, and affiliates from and against any and all legal claims arising from your inappropriate use of the Website and/or your violation of any of these Terms of Use. Your obligation to defend and indemnify 2U and School survives the term of these Terms of Use and your use of the Website.
You are solely responsible for your interactions with any other individual who visits or uses the Website. Although not obligated to do so, 2U and/or School reserve the right to monitor disputes between you and any other individual who visits or uses the Website and to take any action that they, in their sole discretion, deem necessary, in keeping with these Terms of Use and Privacy Policy, up to and including termination of an individual’s access to and use of the Website.
Any copyright owner or its agent who believes that any Content or other material on the Website infringes upon your copyright(s) may give notice, in writing, under the Digital Millennium Copyright Act (“DMCA”) to 2U’s authorized agent, listed below. The notice to 2U shall contain the following information:
Written submissions of alleged infringements may be sent to 2U’s Copyright Agent at privacy@2u.com, or at 8201 Corporate Drive, Suite 190, Landover, MD 20785. You acknowledge and agree that your notice may not be valid if you fail to comply with all of the above-listed requirements.
You acknowledge and agree that the Terms of Use shall be governed by the laws of the state of Maryland and consent to jurisdiction in Maryland, without regard to any conflict of law or choice of law principles, with respect to any claim or dispute between you and 2U. You acknowledge and agree that any claim or dispute between you and 2U that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Annapolis, Anne Arundel County, Maryland.
The Terms of Use and Privacy Policy, together with any applicable software licensing agreement(s), shall constitute the entire agreement between you and 2U related to your use of the Website. The various provisions of Terms of Use and Privacy Policy are separate and independent, and should any term be declared invalid or unenforceable by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect. The Terms of Use and Privacy Policy shall be binding on the parties and their respective successors and assigns.
View the previous version of this Terms of Use.