Last modified: April 16, 2018
Thank you for your interest in applying to the Rice University, Jones Graduate School of Business (the “School”) Master of Business Administration online program (the “Program”). 2U, Inc. (“2U,” “we,” or “us”) is a technology service provider for the School, and, as part of the services 2U provides to the School in connection with the Program, 2U operates and hosts this online application and recommendation system (“OARS”). These terms and conditions (“Terms of Use”) govern your use of or access to OARS’ apply.onlinebusiness.rice.edu domain name (the “Website”), including all content, information, and functionality displayed or available through OARS, as administered by 2U.
By using, accessing, or interacting with OARS, you agree to be bound by these Terms of Use, including without limitation the Program’s Privacy Policy and any supplemental terms, legal notices, and other communications provided to you, all of which are incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use, and the Privacy Policy, do not use OARS.
2U reserves the right to modify or revise these Terms of Use, in its sole discretion, at any time. Your continued usage of OARS will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on OARS are protected by law, including, but not limited to, United States copyright laws and international treaties.
By using or accessing the Website, you represent that you are at least 18 years of age, 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 these Terms of Use and in the Privacy Policy.
In order to access and use OARS, you need to create an account on OARS by registering (“Your Account”), which may require creating a user name and password to access your account. You are responsible for submitting, maintaining and updating information you submit through your account (such as your user name and password) (“Your Account Information”) to ensure that all information is and remains accurate, current, and complete. You are solely responsible for all activity associated with your account information, including your online conduct and use of OARS and the consequences of any such use or misuse. As such, you should maintain the confidentiality of your account login and password.
Your right to use OARS is not transferable. Any password or right given to you to obtain information or documents through the use of OARS is not transferable. You may not disclose to or share your password with any third party or use your password for any unauthorized purposes.
If Your Account Information is not accurate, current, or complete, or if 2U has reason to believe that Your Account Information is not accurate, current, or complete or that OARS is being accessed by Your Account Information in violation of these Terms of Use, 2U has the right to suspend or terminate your account and prohibit you from any and all future use. Should you become aware of any unauthorized use of Your Account Information, you should notify 2U immediately by sending an email to privacy@2u.com with the words “Unauthorized Access” in the subject line of the email.
OARS and the Website contain copyrighted material (including but not limited to text, graphics, videos, images, music, sounds, source code, and compilations of individual data), trademarks, trade names, other proprietary information, and other content such as text, graphics, images, photographs, illustrations, logos, information obtained from 2U’s licensors (collectively, “OARS Content”). You acknowledge and agree that 2U and/or the School retains all ownership, rights, title and interest to and in the OARS Content. You represent and warrant that you will not: (i) copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any OARS Content (including but not limited to any OARS Content that you download), excluding information that is in the public domain or has been licensed to you; and (ii) endeavor to ascertain any source code used in connection with OARS.
We strictly prohibit any use of the OARS Content for any purpose not specifically identified or authorized in these Terms of Use or expressly permitted by 2U. You may not change the OARS Content in any way or copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit or use them for any public or commercial purpose.
You may not, without 2U’s written permission, “mirror” any OARS Content contained in OARS or any other server. You may not use OARS for any purpose that is unlawful or prohibited by these Terms of Use. You may not use OARS in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of OARS. You may not attempt to gain unauthorized access to OARS through hacking, password mining or any other means. 2U reserves the right, in its sole discretion, to terminate your access to OARS, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
You 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 OARS, including any information that you submit in connection with your application to the Program (collectively “Your Content”). Your Content may include, but may not be limited to, your personal information, program information, academic background, employment information, scholarship information, essays, recommendations and uploads. You further agree that Your Content is true and accurate and that Your Content will not contain any information that you did not create or that you do not have permission to publish, upload, display, or transmit on OARS. You are responsible for creating back-up copies of any of Your Content that you post on OARS or otherwise provide to 2U or School, and any necessary replacement thereof.
By publishing, uploading, displaying or transmitting Your Content to OARS, you understand and agree that 2U and the School may: (i) access, view, store and reproduce any of Your Content posted by you on OARS to the extent permitted herein, subject to any applicable restrictions; (ii) create such copies of Your Content as may be deemed necessary in order to facilitate the transmitting, posting and storage of Your Content on or through OARS. You further agree that 2U or School may review any of Your Content submitted through OARS and delete or remove any of Your Content for any reason, including where 2U or the School reasonably determines that Your Content violates these Terms of Use or is offensive or illegal, or may violate the rights of, harm, or threaten the safety of others.
By publishing, uploading, displaying or transmitting Your Content to OARS, you hereby grant to the School and 2U a limited, transferable, and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute, perform, or display Your Content. While You may remove Your Content at any time prior to submitting Your Content, you agree that the School or 2U may preserve archived copies of Your Content and that any previous uses by School and 2U prior to your removal shall remain fully permissible as set forth hereunder.
As part of providing OARS to the school and to you, you agree that 2U will release Your Content to the School after you submit a completed application (“Your Completed Application”) or, if you are recommending an applicant, after you submit your recommendation (“Your Recommendation”), and that the transmission of Your Completed Application or Your Recommendation may occur through a third-party service. Once you submit and 2U transmits Your Completed Application or Your Recommendation to the School for review, you relinquish all rights in and to Your Completed Application or Your Recommendation. 2U will not have the ability to change information contained in Your Completed Application or Your Recommendation once it has been transmitted to the School. You agree that the School may use Your Completed Application or Your Recommendation in accordance with the School’s needs and internal policies and practices to evaluate you as an applicant.
By creating Your Account, you acknowledge and agree that 2U may communicate with you about the Program or other university programs offered through 2U or the School at any email address, phone number, or other point of contact that you provide (“Program Communications”). You may opt out of any such Program Communications at any time by clicking “Unsubscribe” in the footer of any such Program Communication.
Notwithstanding the above, by using OARS, you acknowledge and agree that 2U or the School may communicate with you and send you administrative messages and service announcements at any email address, phone number, or other point of contact that you provide regarding your application to the Program or about OARS itself (the “Application Communications”). You may not opt out of receiving the Application Communications.
If you pay the applicable or enrollment fees charged by the Program for Your Submitted Application (the “Fees”) through OARS, you represent and warrant that: (i) any credit card or other payment information you supply is accurate and complete, (ii) charges incurred by you will be honored by your credit card company or other payment service, and (iii) you will pay the charges so incurred by you at the posted rates. Fees are nonrefundable.
2U provides OARS to you for your personal and non-commercial use and for the purpose of applying to Program. You agree that Your Content does 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 represent and warrant that you will not visit or use OARS to:
2U and the School reserve the right to monitor, review, retain and/or disclose any information resulting from or relating to your access to and use of OARS for compliance with these Terms of Use or as necessary to satisfy any applicable law, regulation, legal process, or governmental request. The School and 2U reserve the right to take any action that they, in their sole discretion, deem necessary, including terminating your access to and use of OARS or disqualifying you from admission to the Program.
OARS may contain hyperlinks to other websites and webpages (“Third-Party Websites”) 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 Website 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 OARS does not indicate School’s or 2U’s approval or endorsement thereof. If you choose to leave OARS to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
Trademarks, logos, and service marks displayed or otherwise used on OARS, including, but not limited to “Rice University” and “2U” (collectively the “Intellectual Property”), are registered trademarks of 2U and/or the School. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to 2U, the School, or their licensors, affiliates, principals, or partners. Nothing contained on OARS should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on OARS without the written permission of 2U or the third party that may own the Intellectual Property displayed on OARS. Your misuse of the Intellectual Property displayed on OARS is strictly prohibited.
Any copyright owner or its agent that believes that any Materials or other content on OARS infringes upon its copyright(s) should give written notice to 2U’s authorized agent, listed below, in accordance with the Digital Millennium Copyright Act (“DMCA”). The notice to 2U shall contain the following information:
Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to 2U’s designated Copyright Agent, privacy@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.
You understand and agree that 2U and the School assume no responsibility for the timeliness, deletion, misdelivery or failure to store or transfer any user communications or information. Under no circumstances shall 2U be liable in any way for any of the information submitted or transmitted by a user. In providing OARS, 2U acts as a passive conduit for the collection and transmission of user-submitted information. In addition, 2U may use third party intermediaries to facilitate the transmission of the completed application to the School, and while such third parties may provide their services on terms and conditions similar to these Terms of Use, 2U has no control over and is in no way responsible or liable for any actions of such third parties.
Your use of OARS is at your sole risk. Any material that you download or otherwise obtain through your use of OARS 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 the School and 2U, their subsidiaries, agents, affiliates and/or licensors, or other users of OARS, or through or from OARS shall create any warranty not expressly stated in these Terms of Use.
2U PROVIDES OARS “AS IS” AND “AS AVAILABLE,” AND THE SCHOOL AND 2U, THEIR SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR SUBMISSION OF A COMPLETED APPLICATION THROUGH OARS WILL MEET THE SCHOOL’S APPLICATION REQUIREMENTS OR RESULT IN YOUR ACCEPTANCE TO THE PROGRAM; (B) YOUR USE OF OARS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF OARS WILL BE ACCURATE OR RELIABLE; OR (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF OARS WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 2U AND SCHOOL 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 2U, THE SCHOOL, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT 2U’S OR THE SCHOOL’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 SCHOOL’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER THE SCHOOL NOR 2U, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AGENTS, AFFILIATES, AND 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 OARS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF OARS (OR ANY FEATURES WITHIN OARS); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY OF YOUR CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF OARS; (III) YOUR FAILURE TO PROVIDE THE SCHOOL AND 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 THE SCHOOL’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT 2U AND THE SCHOOL HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You agree to indemnify, defend, and hold harmless 2U, the School, and their respective officers, directors, employees, subsidiaries, agents, and affiliates from and against any and all legal claims arising from Your Content, your inappropriate use of OARS, or your violation of any of these Terms of Use. Your indemnification obligation to 2U and the School shall survive these Terms of Use and your use of OARS.
You agree that 2U may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of OARS, any party thereof, or any OARS Content, temporarily or permanently, without notice or liability to you.
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 OARS shall be resolved 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 the rights and obligations of 2U or the School, shall 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.
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 OARS. The various provisions of the 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.
The Terms of Use and Privacy Policy shall constitute the entire agreement between you and 2U with respect to OARS. 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.
