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Terms of Service

Last update: May 3, 2022

Thank you for your interest in Michigan Online!

Michigan Online is a noncredit online learning experience platform developed by the University of Michigan’s Center for Academic Innovation using Open edX®.

The Regents of the University of Michigan (“MICHIGAN”) are making the Materials (as defined below) available to You (“You” or “Your”) through the MOGC website located at https://learn.online.umich.edu/ (“PROGRAM”) for non-commercial research and education purposes only. Please read these terms of service carefully before using PROGRAM or the PROGRAM Materials. These terms of service govern Your access to and use of PROGRAM and the PROGRAM Materials and create a binding agreement (“Terms,” “Agreement”) between You and MICHIGAN.

IF YOU DON’T UNDERSTAND HOW THIS AGREEMENT APPLIES TO YOUR ACCESS TO OR USE OF THE PROGRAM MATERIALS, OR YOU THINK THAT YOUR ACCESS TO OR USE OF THE PROGRAM MATERIALS WOULD BE IN VIOLATION OF THIS AGREEMENT, YOU SHOULD CONTACT PROGRAM (see section 14) BEFORE YOU ACCESS OR USE THE PROGRAM MATERIALS. YOU MUST BE AUTHORIZED TO ACCEPT THESE TERMS AND CONDITIONS AS AN INDIVIDUAL. IF YOU DON’T OR CAN’T ACCEPT THESE TERMS AND CONDITIONS PLEASE STOP HERE AND DO NOT ACCESS OR USE PROGRAM OR THE PROGRAM MATERIALS. PROGRAM IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER 13, YOU ARE NOT PERMITTED TO USE PROGRAM.

1. PROGRAM Materials

As used in this Agreement, “PROGRAM Materials” means all content, pages, and courses, data, videos, images, text, calculators, tools, and related materials provided through or in connection with PROGRAM. Except for the access and use rights granted in this Agreement, or as otherwise indicated to You separately in writing by MICHIGAN, You have no right, title, or interest in or to PROGRAM or the PROGRAM Materials.

2. Access

Regardless of the physical location from which You access or use PROGRAM and the PROGRAM Materials, You will be considered to be accessing or using information technology of the University of Michigan.

3. Our License to You

Subject to these Terms and any policies referenced in these Terms (including the MOGC Privacy Policy and CAI’s Learner Engagement Policy), we grant You a non-exclusive, non-transferable right to use the PROGRAM. You may access and download content from our PROGRAM only for Your personal, non-commercial use. You agree to never share access to Your account with any third party or use multiple accounts to complete the same course or experience. You further acknowledge that using our PROGRAM does not give You ownership of or any intellectual property rights in our PROGRAM Materials, including content and materials featured in learning experiences.

4. Copyright

Unless otherwise specified, the creators of PROGRAM Materials own the copyright to their content. MICHIGAN respects copyright law and requires You to do the same. MICHIGAN expressly prohibits the use of PROGRAM for the illegal transmission of copyrighted material, and will, if notified by content owners (see Digital Millennium Copyright Act Notice, below), disable copyrighted material from being transmitted via PROGRAM.

Copyright considerations when using the PROGRAM to create or upload Your own content are detailed separately in Section 6, “User Content,” below.

You agree that You will not modify or alter the PROGRAM Materials except as authorized in writing. You also agree not to bypass, delete, or disable any copy protection mechanisms or any security mechanisms in PROGRAM or the PROGRAM Materials.

Any use of PROGRAM or the PROGRAM Materials other than as specifically authorized herein, without the express prior written permission of MICHIGAN, is prohibited.

Digital Millennium Copyright Act Notice: If a copyright holder has a concern regarding the unauthorized use of copyrighted material on the PROGRAM or any site on the umich.edu network, please contact MICHIGAN’s designated Digital Millennium Copyright Act (DMCA) agent, Sol Bermann, using the contact information provided below. MICHIGAN will only process complaints that are sent to the email address below, which has been registered with the U.S. Copyright Office.

Sol Bermann
Executive Director of Information Assurance and Chief Information Security Officer
University of MICHIGAN
950 Victors Way, Suite 10
Ann Arbor, MI 48108-5218
dmca.notices@umich.edu

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

  • A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;

  • Description of the copyrighted work claimed to have been infringed, including URL of any web site;

  • Description of the material that is claimed to be infringed with information sufficient to permit the university to locate the material;

  • Contact information for the owner or agent, including name, address, telephone number, and email address;

  • A statement that the copyright holder or authorized agent has a good faith belief that use of the copyrighted material complained of is not authorized by the copyright owner, agent or the law; and

  • A statement made under penalty of perjury that the information in the notification is accurate.

5. Other Restrictions and Limitations

  1. You agree to use the PROGRAM only for You's sole and exclusive personal, educational, and non-commercial use, and shall not disclose, sell, license, or otherwise distribute the PROGRAM, in whole or in part, to any third party without the prior written consent of MICHIGAN. You may not use the PROGRAM as part of any revenue-generating activities.

  2. You shall not use, print, copy, translate, reverse engineer, decompile, disassemble, modify, create derivative works of or publicly display the PROGRAM, in whole or in part, unless expressly authorized by this Agreement. Furthermore, You shall not use the PROGRAM to harm, threaten, or harass another person, organization, or MICHIGAN and/or to build similar websites or services.

  3. All user data collected through the PROGRAM is subject to the MOGC Privacy Policy. Any data downloaded from the PROGRAM by You may be used by You for personal and educational purposes only.

  4. We may monitor Your use of the PROGRAM to assess compliance with the terms of this Agreement.

  5. No ownership rights of MICHIGAN in the PROGRAM are conferred upon You by this Agreement. MICHIGAN retains all rights and interests in the PROGRAM and reserves all rights not expressly granted under this Agreement. You agree to secure and protect the PROGRAM in a manner consistent with the maintenance of MICHIGAN’s rights in the PROGRAM.

  6. Your use of the PROGRAM, including registration in any courses, does not constitute or qualify You for enrollment as a student at the University of MICHIGAN. Further, such use does not entitle You to use any resources offered by the University of MICHIGAN for its students beyond what is included as PROGRAM in these Terms.

  7. MICHIGAN reserves the right to cancel, interrupt, reschedule, or modify any PROGRAM, including individual courses and content and assignments featured therein at any time and for any reason. These modifications may include making changes to the point value or weight of any assignment, quiz, or other assessment.

  8. Unless otherwise stated, MICHIGAN makes no representation regarding the academic or professional value of any completion certificates or other records available through MOGC. Likewise, such courses are not, unless otherwise stated, intended to satisfy prerequisites for licensure or lead to similar credentials for any profession in any state or in any country or region. Participation in or completion of courses made available through MOGC does not confer any academic credit, and MICHIGAN has no obligation to You to seek recognition or an award of academic credit by any educational institution or accreditor.

6. Code of Conduct

You are responsible for all data and content that You access from PROGRAM or create using the PROGRAM Materials. In addition to any other terms and conditions of this Agreement, You agree to abide by CAI’s Learner Engagement Policy when participating in learning experiences made available through MOGC.

7. User Content

You are solely responsible for all video, audio, images, text, and other content uploaded, transmitted, or created by You through or with the PROGRAM (“User Content”). You represent and warrant that You own or have a license to use its User Content, and that its User Content does not violate the law or infringe, misappropriate or violate the rights, including intellectual property rights, of any other person or entity. You must remove any User Content if You no longer have the rights to such User Content. MICHIGAN has no obligation to monitor User Content and is not liable to You or to any other person or entity for any content, information or misinformation contained in any User Content. Notwithstanding the foregoing, MICHIGAN reserves the right to remove User Content without notice if it deems, in its sole discretion, that User Content is in violation of the terms of this Agreement. You are solely responsible for saving, storing and otherwise maintaining copies of User Content to prevent loss.

  1. You agree to abide by CAI’s Learner Engagement Policy when participating in learning experiences made available through MOGC.

  2. You grant MICHIGAN a fully paid up, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, re-format, rearrange, distribute, and create derivative works of any User Content provided to or through the PROGRAM. This license is limited to the purposes of performing research related to the effectiveness of the PROGRAM, evaluating the performance of users, and making the PROGRAM available to users.

  3. You grant other users a non-exclusive right to modify and adapt User Content that You have submitted for educational purposes consistent with any additional terms set forth in a course syllabus or other course materials, as applicable.

8. Third-party content

Through the PROGRAM, You will have the ability to access and/or use content created by other users and/or other third parties, including links to websites and services maintained by third parties. MICHIGAN cannot guarantee that such third-party content, in the PROGRAM or elsewhere, will be free of material You may find objectionable or otherwise inappropriate or free of malware or other contaminants that may harm Your computer, mobile device, or any files therein. Privacy policies and practices for such linked websites may differ from our Privacy Policy (https://learn.online.umich.edu/privacy). MICHIGAN disclaims any responsibility or liability related to Your access or use of, or inability to access or use, such third-party content.

9. Security

MICHIGAN cares about Your security. Please see our Privacy Policy for more details about how we protect Your data.

10. Paid Services

MICHIGAN offers certain paid PROGRAM through MOGC (e.g., courses offered for a fee). All fees are listed in U.S. Dollars unless otherwise stated. You are responsible for paying all fees charged and applicable taxes in a timely manner using the payment mechanism associated with the paid Service.

11. Disclaimer of Warranty and Limitation of Liability

  1. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MICHIGAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET LICENSEE REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. MICHIGAN shall not be liable for special, indirect, incidental, or consequential damages with respect to any claim on account of or arising from this Agreement or use of the PROGRAM, even if MICHIGAN has been or is hereafter advised of the possibility of such damages. Because some states do not allow certain exclusions or limitations on implied warranties or of liability for consequential or incidental damages, the above exclusions may not apply to You. In no event, however, will MICHIGAN be liable to You, under any theory of recovery, in an amount in excess of any fees paid by You under this Agreement.

  2. You agree that MICHIGAN has no obligation to provide to You any maintenance, support, or update services. Should MICHIGAN provide any revised versions of the PROGRAM to You, You agree that this license agreement shall apply to such revised versions.

  3. IF YOU ARE DISSATISFIED WITH PROGRAM AND/OR THE PROGRAM MATERIALS FOR ANY REASON, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING PROGRAM AND THE PROGRAM MATERIALS.

12. Indemnification

You agree to hold MICHIGAN and its affiliates, agents, employees, and licensors harmless from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to the PROGRAM, Your use of the PROGRAM, Your violation any law or regulation, Your violation of any proprietary or privacy right, or Your violation of this Agreement.

13. Suspension and Termination of Your Use of PROGRAM

If You breach or violate the terms and conditions of this Agreement, Your access to PROGRAM and use of the PROGRAM Materials may be suspended or terminated without prior notice to You. You acknowledge that if Your access to and/or use of PROGRAM and the PROGRAM Materials is suspended or terminated, it is possible that You may no longer have access to the content that You created.

It is possible that MICHIGAN terminates Your use of the PROGRAM for any reason. If Your use of a paid experience is terminated, a refund may be available. We may not be able to deliver the PROGRAM to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. MICHIGAN and our instructors, contributors, sponsors, other business partners, and their employees, contractors, and other agents shall not have any liability to You for any such action.

You agree that if You breach this Agreement, MICHIGAN may take any available legal actions.

14. General

Your access to and use of PROGRAM and PROGRAM Materials are governed by this Agreement and any other terms agreed to in writing. In the event You have any questions about this Agreement, You should contact the University of Michigan’s Center for Academic Innovation.

If any part of this Agreement is determined to be invalid or unenforceable then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement will continue in effect. The failure of MICHIGAN to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. You are prohibited from assigning this Agreement or transferring Your rights under this Agreement to anyone else.

15. Governing Law

This Agreement shall be construed in accordance with the laws of the state of Michigan. Should You for any reason bring a claim, demand, or other action against MICHIGAN, its agents or employees, arising out of this Agreement or the PROGRAM licensed herein, You agree to bring said claim only in the MICHIGAN Court of Claims.

16. Use Limitations Outside of the United States

You acknowledge that the PROGRAM is of United States origin. You agree to comply with all applicable international and national laws that apply to the PROGRAM, including the United States Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by the United States.

17. Miscellaneous

  1. You shall not assign this Agreement, and any attempt by You to assign it shall be void from the beginning.

  2. Unless otherwise exempt therefrom, You agree that You will be responsible for any sales, use or excise taxes imposed by any governmental unit in this transaction except income taxes.

  3. MICHIGAN reserves the right to modify these Terms at any time and without advance notice. Any changes to these Terms will be effective immediately upon posting on this page, with an updated effective date located at the top of this page. By continuing to use the PROGRAM after any changes have been made, You signify Your agreement to the modified Terms and all of the changes.

  4. THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN MICHIGAN AND LICENSEE AND SUPERSEDES ALL PRIOR AGREEMENTS, PROPOSALS, REPRESENTATIONS AND OTHER COMMUNICATIONS, VERBAL OR WRITTEN, BETWEEN THEM WITH RESPECT TO USE OF THE SERVICES. THIS AGREEMENT MAY BE MODIFIED ONLY WITH THE MUTUAL WRITTEN APPROVAL OF AUTHORIZED REPRESENTATIVES OF THE PARTIES.