Website Terms of Use

Please read these Website Terms of Use (“Terms of Use”) carefully as they contain important information related to your legal rights, remedies, and obligations in connection with your use of the Website (defined below). If you do not agree to be bound by these Terms of Use, please immediately stop accessing or using this Website. By using the Website, you agree to be bound by these Terms of Use.

1. Introduction

The following terms and conditions (“Terms of Use”) govern your use of or access to the getsmarter.com (the “Website”), including all content, information, and functionality displayed or available through the Website, as administered by GetSmarter, a brand of 2U, Inc. ( “GetSmarter”, “we,” ‘our” or “us”). By using or accessing the Website, you agree to be bound by all of the Terms of Use set forth herein, including without limitation our Privacy Policy, Cookie Policy (“Privacy Policies”) and any supplemental terms, legal notices, and other communications provided to you, all of which are incorporated into these Terms of Use by reference.

As described below, certain services that are available through the Website are subject to GetSmarter’s Terms and Conditions for Students (“GetSmarter Student Terms”) . If there is a conflict or inconsistency between these Terms of Use and the GetSmarter Student Terms, the GetSmarter Student Terms will prevail.

2. Modifications to the Terms of Use

We reserve the right to modify or change these Terms of Use without notice. Your use of the Website is subject to the most current version of the Terms of Use posted at the time of your use.

3. Privacy and protection of your information

Your privacy is very important to us. Our Privacy Policies explain how we may collect and use information from and about you when you visit the Website.

4. Use of Website materials

We own and/or license all content and other materials on the Website, including but not limited to all text, designs, logos, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively “Materials”). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and/or other laws.

You may view, access, download or print hard copies of the Materials for your personal, educational, and non-commercial use only. You may not change the Materials, or any portion thereof in any way or reproduce, publish, publicly display, distribute, or otherwise use them for any public or commercial purpose. We strictly prohibit any use of the Materials for any purpose not specifically identified or authorized in these Terms of Use or expressly permitted by us.

5. Digital Millennium Copyright Act

Any copyright owner or its agent that believes that any Materials or other content on the Website infringes upon its copyright(s) should give written notice to our authorized agent, listed below, in accordance with the Digital Millennium Copyright Act (“DMCA”). The notice to us must contain the following information:

  • A physical or electronic signature of the copyright owner or the individual authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;
  • Identification of the copyrighted work claimed to have been infringed, or a representative list of such works;
  • Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit us to locate the material;
  • The contact information of the copyright owner or the individual authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an email address;
  • A statement that the copyright owner or the individual authorized to act on behalf of the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
  • A statement, under penalty of perjury, that the information in the notification is accurate, and that the individual submitting the notice is authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to our designated Copyright Agent, legal@2u.com, 7900 Harkins Drive, Lanham, MD 20706. A notice may not be valid if it fails to comply with all of the above-listed requirements.

6. Intellectual property

Trademarks, logos, and service marks displayed or otherwise used on the Website, including, but not limited to “2U” and “GetSmarter” (collectively the “Intellectual Property”), are registered trademarks of 2U, Inc. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to 2U, Inc., or its licensors, affiliates, principals, or partners.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the Website without the written permission of us or the third party that may own the Intellectual Property displayed on the Website. Your misuse of the Intellectual Property displayed on the Website is strictly prohibited. We will aggressively enforce our intellectual property rights to the fullest extent of the law.

7. Eligibility

We do not direct the Website to, nor do we knowingly collect any personal information from, children under the age of 16. By using the Website to complete your purchase of a Course, you represent that you have the legal capacity to agree to, and be bound by, the terms and conditions set forth in these Terms of Use.

8. User code of conduct

You agree that you will not:

  • Use the Website in any unlawful or inappropriate manner, as determined by us in our sole discretion, or in any other manner that could damage, disable, overburden, or impair the Website
  • Use automated scripts to collect information from or otherwise interact with the Website or monitoring data or traffic on any network or system without our authorization
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications, and/or your affiliation with any person or entity
  • Publish, upload, display, or transmit or otherwise make publicly available on the Website any private information of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security or other identification numbers, and credit card numbers
  • Access or use any data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our express authorization
  • Unlawfully interfere with any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and/or excessive, similar emails, flooding, deliberate attempts to overload a system and broadcast attacks
  • Disseminate and deploy any malicious code, including but not limited any code that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to permit access to or the use of a computer system by an unauthorized third party, or disable, damage, erase, disrupt or impair the normal operation of a computer system
  • Commit any act that is likely to result in retaliation against us or the Website

9. Paid Services

GetSmarter partners with leading universities to select, design, and deliver premium online short courses and other programs (“Courses”). To participate in a Course, you must complete your purchase and accept GetSmarter’s Terms and Conditions for Students.

However, there are a couple of important things to know before you purchase a Course.

  • Course Prices and Availability. Placing a Course in your shopping cart does not guarantee the Course’s price or availability. In particular, the price of any Course that you place in a shopping cart is subject to change until you complete your purchase. More generally, any prices displayed on the Website are subject to change without notice.
  • Payment Processors. To process payments for GetSmarter Courses, we use payment processors that we neither own nor control. Please see the GetSmarter Privacy Policy for further information about how we handle personal information in connection with payments on getsmarter.com.

10. Accuracy of Information

Without limiting or modifying any statement in section 9 of these Terms of Use, we believe, but do not guarantee, that all of the information that appears on the Website or in any email or other alerts or communications provided in connection with the Website is accurate. Notwithstanding the foregoing, we recommend that you independently verify all information prior to making any educational or educational financing decisions.

11. Hyperlinks

The Website may contain links to other websites (“Third Party Links”) that we provide solely as a convenience to you during your use of the Website. We are not responsible for the content of such websites, nor do we accept any liability in connection with such websites (regardless of whether or not a link has been permitted by us). The fact that a website is linked to this Website does not imply that we sponsor, endorse or approve the contents, or that we are affiliated or associated with the entity that owns or is responsible for such third-party website. If you decide to access any Third Party Links, you do so entirely at your own risk.

12. Disclaimers and warranties

You expressly acknowledge and agree that your use of the Website is at your sole risk and that the functions of the Website are provided “as is” and “as available”. In particular, we, our subsidiaries, agents, affiliates, and/or licensors do not represent or warrant to you that:

(a) Your use of the Website will meet your 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

(d) Defects in the operation or functionality of any software provided to you as part of the Website will be corrected

Any material downloaded by or that you otherwise obtain 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 such download.

No advice or information, whether oral or written, obtained by you from us, or through or from the functions or your use of the Website, will create any warranty not expressly stated in these terms of use.

We further expressly disclaim all warranties and conditions of any nature, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of liability

You expressly understand and agree that we, our subsidiaries, agents, affiliates, and/or licensors will not 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 will include, but not be limited to, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss

(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 we 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 us with accurate information

These limitations on our liability to you will apply whether or not either has been advised of or should have been aware of the possibility of any such losses arising.

Nothing in these Terms of Use will exclude or limit our 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 our liability will be limited to the maximum extent permitted by law.

14. Applicable Laws

You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, your use of the Website will be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Prince George's County, Maryland. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Use, your rights and obligations, or our rights and obligations, will be governed by, and construed in accordance with, the laws of Maryland, without giving effect to any choice of law or conflict of law rules (whether of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Maryland.

15. Indemnification

You agree to indemnify, defend, and hold us, our subsidiaries, agents, affiliates, and/or licensors harmless against any claim, liability, expense, or damages arising from or relating to your use of the Website. Your obligation to defend and indemnify us will survive the termination of your use of the Website.

16. Severability

The various provisions contained within the Terms of Use and the our Privacy Policies are separate and independent, and should any term be declared unlawful, invalid, or unenforceable for any reason by a court or other appropriate tribunal, the remaining provisions and terms will remain in full force and effect.

17. Entire agreement

These Terms of Use, our Privacy Policy and our Cookie Policy constitute the entire agreement between you and us with respect to the Website and will be binding on the parties and their respective successors and assigns.

Questions and contact information

If you have any questions or comments related to the Website, please contact us at marketing@2u.com.

Date of last amendment: 02 November 2020