Topic outline

• Terms of Service for the InterSystems Online Learning System

  Terms of Service for the InterSystems Online Learning System

  Welcome to the InterSystems Online Learning System (IOLS). Please read these Terms of Service ("TOS") and the InterSystems Privacy Policy.
  

  You agree that you are responsible for your own use of IOLS including any material submit, post, or performed through IOLS; this assertion relates to all content submitted, posted, published or distributed by you or other users of IOLS, including but not limited to any file uploads, forum posts, chat logs, and site usage records regardless of their form or character. You further agree that you will use IOLS in compliance with these terms and the associated Honor Code as well as any applicable law, regulation, or pre-existing contractual relationship.
  
• Prohibited Material

  Prohibited Material

  Except as otherwise stated within these terms or IOLS, the following are strictly prohibited:

  • Content that defames, harasses or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
  • Profane, pornographic, obscene, indecent or unlawful content;
  • Advertising or any form of commercial solicitation;
  • Content related to partisan political activities;
  • "Malware", defined herein as viruses, trojan horses, worms, time bombs, corrupted files, spyware or any other similar software that may damage the operation of another's computer or property; and
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
     

  As a condition of your use of IOLS, you must not use IOLS in any manner intended to damage any network(s) or network resource(s) connected to IOLS or to interfere with any other party's use and enjoyment of IOLS. You must not attempt to gain unauthorized access to IOLS, any resources and materials supplied through IOLS, or to any accounts or user material belonging to other users on IOLS, except as explicitly allowed by IOLS.

  You agree not to misrepresent or attempt to misrepresent your identity while using the Site. However, you are welcome and encouraged to interact and use the forums in an anonymous fashion and to conceal your identity when posting or commenting on forum posts. Please read below for more details about what information we collect from you and how we use it.

  Registration for IOLS requires that you provide your name, an email address, and a user password. Your registration is intended solely for your use. You must not share access to your User Account with anyone else or access your User Account with any third party for any reason. You may be prompted to enter additional optional information (e.g., your address, occupation, etc.). You are not required to enter any optional information, but by choosing to enter information into your User Account, you represent that all information you provide is accurate. You further agree to keep any User Account information updated and accurate.

  Except to the extent such information may be in the public domain, the content on the Site is protected by the copyright laws of the United States as well as other nations. Unless otherwise expressly stated on the Site, all site content (texts, documents, video, images, posts, comments, and other instructional materials provided for the benefit of course offerings or the management of IOLS) is for your personal use solely in connection with the courses offered.

  Some material on IOLS is governed by licenses issued through third parties. This "Licensed Content" may have special restrictions which shall be described in text attached to the Licensed Content or on the same page. By using this Site you agree to observe and accommodate such restrictions.

  Because you may use or retain some material on the site in accordance with these Terms of Service, by using IOLS you also agree to maintain all copyright notices or other notices (including special restrictions) on any content you obtain from IOLS. All rights in IOLS and its content, if not expressly granted, are reserved.
  
• User Submitted Content

  User Submitted Content

  By submitting material to IOLS (whether through forum posts, comments, quizzes, or any other form of submission), you represent and warrant that you have the necessary rights (through license, consent or permission) to submit the material as well as grant to InterSystems and its users a right to (re)use and distribute your submission in accordance with these Terms of Service. You further represent that neither your submission of the material nor the use or reuse of the material through IOLS shall infringe or violate the rights of or your obligations to any third party. You, and not InterSystems, are solely responsible for your submission on IOLS.

  By submitting any material to IOLS, you grant to InterSystems a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your submitted material, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed). The grant of rights in the former sentence shall include a grant of permission for other users of IOLS to use your submitted material in accordance with these Terms of Service, as well.

  InterSystems may offer a certificate of achievement or other acknowledgment (a "Certificate") for students who, in InterSystems sole discretion, have satisfactorily demonstrated mastery of the course material. Certificates will be issued by InterSystems or its subsidiary related to the course offering.

  Course Withdrawal and Refunds are not allowed except to the extent approved by an authorized representative of IOLS.
  
• Trademarks

  Trademarks

  Use of IOLS's Trademarks and Service Marks (“Trademarks”) is prohibited except with the owner's prior written consent. You may not use any of IOLS's Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in InterSystems sole discretion, gives the appearance or impression of a relationship with or endorsement by these institutions.

  All Trademarks not owned by IOLS that appear on IOLS are the property of their respective owners. Nothing contained on IOLS should be construed as granting, whether by implication, estoppel or any other theory, any license or right to use any Trademark displayed on IOLS without the written permission of the owner of the applicable Trademark.
  
• Disclaimers of Warranty / Limitations of Liabilities

  Disclaimers of Warranty / Limitations of Liabilities

  IOLS AND ANY INFORMATION, CONTENT (INCLUDING ANY DEMONSTRATIVE OR ILLUSTRATIVE CODE USED THEREIN)  OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

  INTERSYSTEMS (INCLUDING ITS SUBSIDIARIES) DOES NOT WARRANT THAT IOLS WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT IOLS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. INTERSYSTEMS MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF IOLS OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.

  USE OF IOLS, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH IOLS, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH IOLS OR ANY REFERENCING SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

  User Postings Disclaimer. You understand that when using IOLS you will be exposed to User Postings from a variety of sources and that InterSystems is not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against InterSystems with respect thereto. InterSystems does not endorse any User Postings or any opinion, recommendation or advice expressed therein. InterSystems has no obligation to monitor any User Postings or any other user communications through the Site.

  However, InterSystems reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these Terms of Service, InterSystems may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.

  Links to Other Sites. IOLS may include hyperlinks to sites maintained or controlled by others. InterSystems is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT INTERSYSTEMS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

  IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INTERSYSTEMS SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT INTERSYSTEMS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).

  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  
• Indemnification

  Indemnification

  You agree to defend, hold harmless and indemnify InterSystems and its subsidiaries, affiliates, officers, instructors, students, agents, and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of IOLS, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, InterSystems will provide you with written notice of such claim, suit or action.
  
• Miscellaneous

  Miscellaneous

  You agree that InterSystems, in its sole discretion, may terminate your use of IOLS or your participation in it, for any reason or no reason, upon notice to you. InterSystems reserves the right at any time and in its sole discretion to cancel, delay, reschedule or alter the format of any course offered through IOLS, or to cease providing any part or all of the Site content or related services, and you agree that InterSystems has no liability to you for such an action. If you no longer desire to participate in IOLS, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use IOLS, but the other provisions of these Terms of Service will survive any such termination.

  These Terms of Service, the Honor Code, and the Privacy Policy together with any order documentation issued by InterSystems constitute the entire agreement between you and InterSystems with respect to your use of and conduct on IOLS.

  The failure of InterSystems to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision and the other provisions of these Terms of Service shall remain in full force and effect.

  You agree that these Terms of Service and any claim or dispute arising out of or relating to these Terms of Service 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 provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Cambridge, 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).

  Effective Date: December 3, 2014