Terms of Service – Wharton Online
DESCRIPTION OF WHARTON ONLINE
Wharton Online offers online courses 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.
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 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. As a condition of your use of the Wharton Online and Site services, you will not use the Site in any manner intended to damage, disable, overburden, or impair any Wharton Online server or the network(s) connected to any Wharton Online 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 Wharton Online 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 Site.
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).
USER ACCOUNTS AND AUTHORITY
YOUR RIGHT TO USE CONTENT ON THE SITE
For the purposes of these TOS, 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. 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 Wharton Online Professional Education 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.
License Grant to Wharton Online Professional Education.
By submitting or distributing your User postings, you hereby grant Wharton Online Professional Education a non-exclusive “royalty-free” license to host, transfer, display, perform, reproduce, modify, distribute, and otherwise use, make available your User Postings to build knowledge and foster internal discussions.
License Grant to Wharton Online Professional Education 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 Wharton Online. 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.
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.
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.
Cancellation requests must be submitted to firstname.lastname@example.org. If you submit a cancellation request within 7 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. Wharton Online Professional Education have no obligation to issue a refund within 7 days prior to the course start date, but if you believe a refund is warranted, please email us at email@example.com
The processing of your payment information is done by 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 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. 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 Wharton Online, you will not be an applicant for admission to, or enrolled in, any degree program of The Wharton School or The University of Pennsylvania. You will not be entitled to use any of the resources of The Wharton School or The University of Pennsylvania 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 The Wharton School or The University of Pennsylvania. You may not imply or state in any manner, written or oral, that The Wharton School or The University of Pennsylvania or Wharton Online is granting academic credit for enrollment in this professional course. None of the courses offered through Wharton Online award academic credit or degrees.
Use of Wharton Online Names, Trademarks and Service Marks. The “Wharton Online” names, logos and seals are trademarks (“Trademarks”) of THE WHARTON SCHOOL, UNIVERSITY OF PENNSYLVANIA. You may not use any of these Trademarks, or any variations thereof, without THE WHARTON SCHOOL, UNIVERSITY OF PENNSYLVANIA’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 THE WHARTON SCHOOL, UNIVERSITY OF PENNSYLVANIA’s sole judgment, gives the appearance or impression of a relationship with or endorsement by THE WHARTON SCHOOL, UNIVERSITY OF PENNSYLVANIA. All trademarks not owned by THE WHARTON SCHOOL, UNIVERSITY OF PENNSYLVANIA that appear on the Site on or through the services made available on or through the Site 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 at firstname.lastname@example.org
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.
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 Wharton Online 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 Wharton Online or Collaborators with respect thereto. Neither Wharton Online nor Collaborators endorse any User Postings or any opinion, recommendation, or advice expressed therein. Neither Wharton Online 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. Wharton Online 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 WHARTON ONLINE 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. IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WHARTON ONLINE NOR COLLABORATORS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER OR NOT WHARTON ONLINE 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 Wharton Online 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, Wharton Online or a Participant will provide you with written notice of such claim, suit, or action.
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 Wharton Online, 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.
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 State of Pennsylvania, 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 Philadelphia, Pennsylvania, 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).
USERNAMES AND POSTINGS
Comments or other information posted by you to our forums, wikis, or other areas of the Site designed for public communications or communications among registered class members may be viewed and downloaded by others who visit the Site. For this reason, we encourage you to use discretion when deciding whether to post to those forums (or to other public or classwide areas) any information that can be used to identify you.
CONSENT TO PROCESSING OUTSIDE HOME COUNTRY
If you do not agree with these terms, then please do not access, browse, or register for the Site. If you choose not to provide us with certain information required to provide you with various services offered on our Site, you may not be able to establish a user account and we may not be able to provide you with those services.
INFORMATION WE COLLECT AND HOW WE USE IT
We collect information, including Personal Information, when you sign up for a user account, participate in online courses, register for a paid certificate, send us email messages, and/or participate in our public forums and social media. We also collect certain usage information about student performance and patterns of learning. In addition, we track information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited, and which hyperlinks and other user interface controls were used.
We may log the IP address, operating system, and browser software used by each user of the Site, and we may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity. Various web analytics tools are used to collect this information. Some of the information is collected through cookies (small text files placed on your computer that store information about you, which can be accessed by the Site). You should be able to control how and whether cookies will be accepted by your web browser. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. If you reject our cookies, many functions and conveniences of this Site may not work properly.
We currently collect financial information from individual registrants; however, when you register and pay for a course, you will be directed to our third party payment processor and the submission of your payment information will be subject to the terms of that third party processor’s privacy statement.
USE AND DISCLOSURE TO THIRD PARTIES
Among other things, we may use the information about you collected through the Site (including your Personal Information) as follows:
To enable us to provide, administer, and improve our courses.
To help us improve Wharton Online Professional Education offerings, both individually (e.g., by course staff when working with a student) and in aggregate, and to individualize the experience and to evaluate the access and use of the Site and the impact of Wharton Online Professional Education on the worldwide educational community.
For purposes of scientific research, particularly, for example, in the areas of cognitive science and education.
For the purpose for which you specifically provided the information, for example, to respond to a specific inquiry or provide you with access to the specific course content and/or services you select.
To track both individual and aggregate attendance, progress and completion of an online course, and to analyze statistics on student performance and how students learn.
To monitor and detect violations of the Honor Code and the Terms of Service, as well as other misuses and potential misuses of the Site.
To publish information, but not Personal Information, gathered about Wharton Online Professional Education’s access, use, impact, and student performance.
To send you updates about online courses offered by Wharton Online Professional Education or other events, to send you communications about products or services of Wharton Online Professional Education, affiliates, or selected business partners that may be of interest to you, or to send you email messages about Site maintenance or updates.
To archive this information and/or use it for future communications with you.
To maintain and improve the functioning and security of the Site and our software, systems, and network.
As otherwise described to you at the point of collection or pursuant to your consent.
To authenticate your identity when you register for a course.
To process refunds, as applicable.
We will share information we collect (including Personal Information) with third parties as follows:
With service providers or contractors that perform certain functions on our behalf, including processing information that you provide to us on the Site, processing purchases via third party providers, and other transactions through the Site, operating the Site or portions of it, providing or administering courses, or in connection with other aspects of Wharton Online Professional Education services.
With other visitors to the Site, to the extent that you submit comments, course work, or other information or content (collectively, “Postings”) to a portion of the Site designed for public communications; and with other members of a Wharton Online Professional Education class of which you are a member, to the extent you submit Postings to a portion of the Site designed for viewing by those class members. We may provide your Postings to students who later enroll in the same classes as you, within the context of the forums, the courseware, or otherwise. If we do re-post your Postings originally made to non-public portions of the Site, we will post them without your real name and email (except with your express permission), but we may use your username without your consent.
For purposes of scientific research, particularly, for example, in the areas of cognitive science and education. However, we will only share Personal Information about you for this purpose to the extent doing so complies with applicable law and is limited to the Personal Information required to fulfill the purposes stated at the time of collection.
To provide opportunities for you to communicate with other users who may have similar interests or educational goals. For instance, we may recommend specific study partners or connect potential student mentees and mentors. In such cases, we may use all information collected about you to determine who might be interested in communicating with you, but we will only provide other users your username, and not disclose your real name or email address, except with your express permission.
As otherwise described to you at the point of collection or pursuant to your consent. To support integration with third party services. For example, videos and other content may be hosted on YouTube and other websites not controlled by us. In cases where we share or disclose your Personal Information: (1) the third party recipients are required to handle the Personal Information in a confidential manner and to maintain adequate security to protect the information from loss, misuse, unauthorized access or disclosure, alteration, and destruction; and (2) we will only disclose and share the Personal Information that is required by the third party to fulfill the purpose stated at the time of collection. In addition, we may share aggregated information that does not personally identify you with the public and with third parties, including but not limited to researchers and business partners.
USE FOR PERSONALIZATION AND PEDAGOGICAL IMPROVEMENTS
LINKS TO OTHER WEBSITES
Wharton Online Professional Education is designed to protect Personal Information in its possession or control. This is done through a variety of privacy and security policies, processes, and procedures, including administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the Personal Information that it receives, maintains, or transmits. Nonetheless, no method of transmission over the Internet or method of electronic storage is 100% secure, and therefore we do not guarantee its absolute security.
Our Site is not intended for use by individuals under the age of 13, and we do not knowingly collect personal data from those in this age group. If we become aware that someone under the age of 13 has registered, we will expunge any related Personal Information from our records.
If you have privacy concerns, have disclosed data you would prefer to keep private, or would like to access the information we maintain about you, please contact us at email@example.com.