ON DECEMBER 17, 2015, MIT xPRO ADOPTED TERMS OF SERVICE, PROVIDING AS FOLLOWS:
Massachusetts Institute of Technology (“MIT”), acting through its MIT xPRO, offers courses
via online platforms, including the open-sourced online education platform developed by edX Inc. (“edX”). Please read
and Honor Code prior to registering for a course or using any portion of the MIT xPRO website (the "Site," which
consists of all content and pages located within the mitxpro.mit.edu web host), including accessing any course
and the Honor Code are agreements (the "Agreements") between you and MIT setting forth the terms under which you may access and use the Site. By using the
Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not
understand or do not wish to be bound by the terms of the Agreements, you should not use the Site. As used in this Terms
of Service, "we," "us," and "our" refer to MIT xPRO.
Back to top
We reserve the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective
immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been
made, you signify your agreement on a prospective basis to the modified TOS. Be sure to return to this page periodically to
ensure familiarity with the most current version of these TOS.
description of MIT xPRO
MIT xPRO offers courses, via the open-sourced online education platform developed by
edX, that include opportunities for professor-to-student and student-to-student interaction, individual assessment of
a student's work and, for students who demonstrate completion of the course and/or their mastery of subjects, a
certificate of completion or other acknowledgment.
Back to top
rules for online conduct
You agree that you are responsible for your own use of the Site and for your User Postings. "User Postings" include all
content submitted, posted, published, or distributed on the Site by you or other users of the Site, including but not
limited to all forum posts, wiki edits, notes, questions, comments, videos, and file uploads. You agree that you will
use the Site in compliance with these TOS, the Honor Code, and all applicable local, state, national and international
laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported
from your country of residence, and all United States export control laws.
Back to top
As a condition of your use of the MIT xPRO and Site services, you will not use the
Site in any manner intended to damage, disable, overburden, or impair any MIT xPRO
server or the network(s) connected to any MIT xPRO server, or to interfere with any
other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other
accounts, computer systems, or networks connected to any MIT xPRO server through
hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information
stored on the Site, its servers, or associated computers through any means not intentionally made available through
the following types of content are strictly prohibited on the site:
- 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;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, 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.
Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a
list or directory of users on the system, on-line textbooks, User Postings, user information, or videos. You agree
not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and
encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
Back to top
user accounts and authority
In order to create a user account ("User Account") and so participate fully in Site activities, you must provide certain
information about yourself. You agree that you will never share access to or access information for your User Account with
any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional
information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to
maintain and update your information to keep it accurate and current.
Back to top
for more information about what information about you we collect and how we use that information.
your right to use content on the site
For the purposes of these TOU, the term “Site Content” includes all content posted to the Site, including but not limited to
texts, exams, video, images, and other instructional materials provided in connection with the courses offered on the Site,
as well as User Postings posted by other users.
Back to top
Unless otherwise indicated, Site Content is protected by United States and foreign copyright laws, and you may engage
only in personal, noncommercial use of the Site Content. You may not otherwise reproduce, retransmit, distribute, display,
publish, commercially exploit or otherwise make available any Site Content in print, electronic, or any other medium. You
may not record any portion of any course. Any additional presentation of any course or of materials derived from any
course is also strictly prohibited.
Certain reference documents, digital textbooks, articles, and other information on the Site are used with the permission of
third parties, and your use of that information may be subject to certain additional rules and conditions, which will be
posted along with the information. By using this Site, you agree to abide by all such rules and conditions.
You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its
content, if not expressly granted, are reserved.
User Representations and Warranties. By submitting or distributing your User Postings, you affirm,
represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce
and publish the User Postings and to authorize MIT xPRO and its users to reproduce,
modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted
by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted
below will infringe or violate the rights of any third party. You, and not we, are solely responsible for your User
Postings and the consequences of posting or publishing them.
Back to top
License Grant to MIT xPRO. By submitting or distributing your User Postings, you
hereby grant to us a worldwide, non-exclusive, transferable, assignable, sublicensable, 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 User Postings, in whole or in part, in any form and in any media formats
and through any media channels now known or hereafter developed.
License Grant to MIT xPRO Users. By submitting or distributing your
User Postings, you hereby grant to users of the Site a non-exclusive license to access and use your User Postings in
connection with their uses of the Site for their own personal, noncommercial purposes.
certificates of completion
Generally. We may offer a Certificate of Completion or other acknowledgment (a "Certificate") for
students who, in our judgment, have satisfactorily demonstrated completion of the course and/or mastery of the
course material. Certificates will be issued by and under the name of MIT xPRO.
The decision whether a Certificate will be awarded to a given student will be solely within our discretion.
We may choose not to offer a Certificate for some courses.
Back to top
Registration process. In order to participate in a course, individual users must complete the course registration process,
which includes paying online with a valid credit card when they submit the registration form. Access to the course site and
materials will not be granted until payment is received. To enroll more than one person at a time, please see "How do I
register a group of participants" on the site FAQs.
Back to top
Registration deadlines. Individual registrations must be completed by 7 full days after the course start date. For group
sales, purchases can be made up until the day before the course start date. Please note that once registration has closed,
no late registrations or cancellations will be granted.
Cancellations. Cancellation requests must be submitted to email@example.com. If you submit a
cancellation request within 14 days prior to the course start date, you will not be eligible for a refund.
Please note that the first day of the course is not considered one of the days prior to the course start date.
To submit your request, please include your full name and order number in your email request. Refunds will be
credited to the credit card used when you registered and may take up to two billing cycles to process.
MIT xPRO and edX have no obligation to issue a refund within 14 days prior to
the course start date, but if you believe a refund is warranted, please email us at firstname.lastname@example.org.
Payment. The processing of your payment information is done by edX or a third party (“Vendor”) and
you will be re-routed to a secure website to complete the payment transaction. The privacy statement posted at the
payment landing page operated by Vendor will govern the submission and processing of your payment details. Please
familiarize yourself with those terms prior to initiating a transaction.
Once your payment transaction is completed, you will be re-routed to an MIT xPRO
confirmation page and will receive a confirmation email with your name, order number, and the payment amount. This
email may originate from Vendor. Please retain this email for your records as this information will be required if
you seek a refund from us, as described below.
Entrance Survey. We may require you to provide some personal information via a short mandatory
course entrance survey. Please be advised that a failure to provide said information may mean that you will be
unable to access course material.
Coupon Codes. Any applicable coupon code must be entered at the time of registration in order to
receive a discount. No discounts can be applied after the registration form has been submitted. Offers cannot be
combined for additional discounts.
Transfers / Substitutions / Deferments. Admission and fees paid cannot be deferred to a subsequent
session or transferred to another course; however, you may cancel your registration and reapply at a later date. We
cannot accommodate any substitution requests at this time. If you determine you are unable to participate in this
course, please review our cancellation policy and contact the course team as soon as possible if you are eligible
for a refund.
No Other Enrollment. When you register for, take, or complete a course through MIT xPRO
, you will not be an applicant for admission to, or enrolled in, any degree program of MIT.
You will not be entitled to use any of the resources of MIT beyond the online courses provided on the Site, nor
will you be eligible to receive student privileges or benefits provided to students enrolled in degree programs of
MIT. You may not imply or state in any manner, written or oral, that MIT or MIT xPRO is granting
academic credit for enrollment in this professional course. None of the courses offered through MIT xPRO
award academic credit or degrees.
Use of MIT xPRO Names, Trademarks and Service Marks. The
“MIT xPRO ” names, logos and seals are trademarks ("Trademarks") of MIT. You may
not use any of these Trademarks, or any variations thereof, without MIT’s prior written consent. You may not use
any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or
inadvertently claims, suggests or, in MIT’s sole judgment, gives the appearance or impression of a relationship with
or endorsement by MIT.
Back to top
All trademarks not owned by MIT that appear on the Site on or through the services made available on or through the
Site, including the edX trademarks, are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or
right to use any trademark or Trademark displayed on the Site without the written permission of its owner.
digital millennium copyright act
Copyright owners who believe their material has been infringed on the Site should contact our designated copyright agent
Notification must include:
- Identification of the copyrighted work, or, in the case of multiple works at the same location,
a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of
infringing activity. You must include sufficient information for us to locate the material
(e.g., URL, IP address, computer name).
- Information for us to be able to contact the complaining party (e.g., email address, phone number).
A statement that the complaining party believes that the use of the material has not been authorized by the copyright
owner or an authorized agent.
DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES
THE SITE AND ANY INFORMATION, CONTENT, 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.
MIT xPRO AND COLLABORATORS (AS HEREINAFTER DEFINED) DO NOT
WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR
NEEDS OR EXPECTATIONS.
MIT xPRO AND COLLABORATORS ALSO MAKE NO WARRANTY ABOUT THE
ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY
PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “COLLABORATORS” MEANS MIT, THE
ENTITIES (INCLUDING EDX BUT EXCLUDING OTHER USERS) PROVIDING INFORMATION, CONTENT, OR SERVICES FOR
THE SITE, THE COURSE INSTRUCTORS AND THEIR STAFFS.
USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS
TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY REFERENCE 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 THE
User Postings Disclaimer. You understand that when using the Site you will be exposed to User Postings from a variety of
sources and that neither MIT xPRO nor Collaborator are 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 MIT xPRO or Collaborators with respect thereto. Neither MIT xPRO
nor Collaborators endorse any User Postings or any opinion, recommendation, or advice
expressed therein. Neither MIT xPRO nor Collaborators have any obligation to monitor
any User Postings or any other user communications through the Site.
However, we reserve the right to review User Postings and to exercise our sole discretion to edit or remove, in whole or in
part, any User Posting at any time and for any reason, or to allow Collaborators to do so. Without limiting the foregoing,
upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, we may
investigate the allegation and determine in our sole discretion whether to remove the User Posting, which we reserve the
right to do at any time and without notice.
Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. MIT xPRO
and Collaborators are not responsible for and do 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 NEITHER MIT xPRO
NOR COLLABORATORS WILL 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, STATUTE OR OTHER LAW.
Back to top
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MIT xPRO
NOR COLLABORATORS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND
WHETHER OR NOT MIT xPRO OR COLLABORATORS HAVE 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.
You agree to defend, hold harmless, and indemnify MIT xPRO and Collaborators, and
their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, 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 the Site, 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,
MIT xPRO or a Participant will provide you with written notice of such claim, suit, or action.
Back to top
Termination Rights; Discontinuation of Courses and Content. You agree (1) that we may terminate your use of the Site
or your participation in it immediately upon notice to you if you materially breach any of these terms and fail to cure such
breach within 30 days of receiving written notice from us about the breach; and (2) that in appropriate circumstances, we
may terminate any users of the Site who are repeat copyright infringers. You will not be entitled to a refund if we terminate
your use of or participation in the Site for either of these reasons. We reserve the right at any time in our sole discretion to
cancel, postpone, reschedule, or alter the format of any course offered through MIT xPRO Digital
Programs, or to cease providing any part or all of the Site content or related services, in which case we will refund to you
any fees prepaid for courses not delivered. If you no longer desire to participate in the Site, you may terminate your access
at any time. The rights granted to you hereunder will terminate upon any termination of your access and right to use the
Site, but the other provisions of these TOS will survive any such termination.
Back to top
Entire Agreement. These TOS, the Honor Code, and the
agreement between you and MIT xPRO with respect to your use of the Site, superseding
any prior agreements between you and MIT xPRO regarding your use of the Site.
Waiver and Severability of TOS. Our failure to exercise or enforce any right or provision of these
TOS shall not constitute a waiver of such right or provision. If any provision of these TOS 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 TOS shall remain in full
force and effect.
Choice of Law/Forum Selection. You agree that these TOS and any claim or dispute arising out of or
relating to these TOS 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 laws 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 for lack of proper
jurisdiction or venue or inconvenience of forum).