Terms of Service ("TOS")
Welcome to ANS Associates. Please read these Terms of Service ("TOS") prior to registering for an account on ANS or using any portion of the ANS website (collectively, the "ANS Site," which consists of all content and pages located within the ANS web domain, including accessing any content material, chat rooms, or other electronic services.
These TOS that follows are agreements (the "Agreements") between you and ANS. By using the ANS Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. Please also read the Privacy Policy for the ANS Site before you use any portion of the ANS Site. The Privacy Policy describes how your personal data is collected and processed when you use the ANS Site. If you do not understand or do not wish to be bound by the terms of the Agreements or Privacy Policy, you should not use the ANS Site.
ANS Associates reserves 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 ANS Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
Any version of these TOS in a language other than English is provided for convenience and you understand and agree that the English language version will control if there is any conflict.
These TOS are organized as follows:
Rules for Online Conduct
You agree that you are responsible for your own use of the ANS Associates Site and for your User Postings. "User Postings" means all content submitted, posted, published, or distributed on the ANS Site by you or other users of the ANS 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 ANS Site in compliance with these Agreements, 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 ANS Site, you will not use the ANS Site in any manner intended to damage, disable, overburden, or impair any ANS server or the network(s) connected to any ANS server or to interfere with any other party's use and enjoyment of the ANS Site. You may not attempt to gain unauthorized access to the ANS Site, other accounts, computer systems, or networks connected to any ANS server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the ANS Site, its servers, or associated computers through any means not intentionally made available through the ANS Site. If you are a registered user, you will not share your password or let anyone else access or compromise your account.
Furthermore, you agree not to scrape, or otherwise download in bulk, any ANS Site content, including but not limited to a list or directory of users on the system, User Postings or user information, online textbooks, course materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the ANS 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).
Strictly Prohibited Items
THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE ANS Associates 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 (this list, collectively, “Strictly Prohibited Items”).
You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the ANS Site.
User Accounts
In order to create a user account, you must provide your full name, an email address, your country or region of residence, a public username, and a user password. You agree that you will never divulge or share access 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 year of birth). 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.
We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the ANS Site.
Your Right to use Content on the ANS Associate Site
Unless indicated as being in the public domain, the content on the ANS Associates Site is protected by United States and foreign copyright laws. Certain reference documents, articles, and other information on the ANS Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the ANS 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 ANS Site. All rights in the ANS Site and its content, if not expressly granted, are reserved.
Use for Personalization and Pedagogical Improvements.
Our goal is to provide current and future visitors to the ANS Site with the best possible educational experience. To further this goal, we sometimes present different users with different versions of materials. We do this to personalize the experience to the individual learner (to assess the learner’s level of ability and learning style, and present materials best suited to the learner), to improve our understanding of the learning process, and to evaluate and improve the effectiveness of materials, payment models, platform features, and offerings. We may publish or otherwise publicize results from this process, but, unless otherwise permitted under the Privacy Policy, those publications or public disclosures will not include your personal information.
User Postings
User Postings 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 ANS 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 ANS, are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to ANS Associates and the Members.
By submitting or distributing your User Postings, you hereby grant to ANS and the Members (as described below) a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, 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).
Trademarks
Use of ANS Associates and Other Member Names, Trademarks, and Service Marks.
The "ANS Associates", logos and seals are trademarks ("Trademarks") of the respective entities. Likewise, the names, logos, and seals of the other Members are Trademarks owned by the respective Member. You may not use any of these Trademarks, or any variations thereof, without the owner'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 owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.
All Trademarks not owned by ANS or the Members that appear on the ANS Site or on or through the services made available on or through the ANS Site, if any, are the property of their respective owners.
Nothing contained on the ANS Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the ANS Associates Site without the written permission of the owner of the applicable Trademark.
Digital Millennium Copyright Act
Copyright owners who believe their material has been infringed on the ANS associates Site should contact ANS's designated copyright agent at info@ansassociates.net or at ANS Associatesofficial Address Attention: ANS DMCA Agent/General Counsel.
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.
- A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.
Disclaimers of Warranty / Limitations of Liabilities
THE ANS ASSOCIATES SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE ANS 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.
ANS ASSOCIATES AND THE ANS ASSOCIATES PARTICIPANTS (AS DEFINED BELOW) DO NOT WARRANT THAT THE ANS SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE ANS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. ANS AND THE ANS PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE ANS SITE OR ANY CONTENT, OR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “ANS ASSOCIATES PARTICIPANTS” MEANS MIT, HARVARD, THE OTHER MEMBERS, THE ENTITIES PROVIDING INFORMATION, CONTENT, OR SERVICES FOR THE ANS SITE, THE INSTRUCTORS, AND THEIR STAFFS.
USE OF THE ANS SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE ANS SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE ANS 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 PRIVACY POLICY.
User Postings Disclaimer.
You understand that when using the ANS Associates Site you will be exposed to User Postings from a variety of sources and that neither ANS nor the ANS Participants 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 ANS or any of the ANS Participants with respect thereto. Neither ANS nor any of the ANS Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither ANS nor any of the ANS Participants have any obligation to monitor any User Postings or any other user communications through the ANS Site.
However, ANS reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the ANS Participants 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, ANS may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Third-Party Services; Links to Other Websites.
The ANS Associates Site and individual courses may be integrated with third-party services or include hyperlinks to websites maintained or controlled by third parties. ANS and the ANS Participants 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 by such third parties. A list of some such third parties, with links to their terms of use and privacy policies, is maintained and available at the ANS learner Help Center. If you decide to access any third-party services or linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER ANS ASSOCIATES NOR ANY OF THE ANS ASSOCIATES PARTICIPANTS 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 ANS SITE, OR YOUR PLACEMENT OF CONTENT ON THE ANS SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE ANS SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ANS NOR ANY OF THE ANS PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT ANS OR ANY OF THE ANS PARTICIPANTS HAS 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.
Indemnification
You agree to defend, hold harmless, and indemnify ANS Associates and the ANS Associates Participants, and their respective subsidiaries, affiliates, officers, 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 ANS 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, ANS or the applicable ANS Participant will provide you with written notice of such claim, suit, or action.
Additional Terms
Termination Rights; Discontinuation Content.
You agree that ANS Associates, in its sole discretion, may terminate your use of the ANS Site or your participation in it, for any reason or no reason, upon notice to you. It is ANS's policy to terminate in appropriate circumstances the accounts of users of the ANS Site who are repeat copyright infringers. ANS and the ANS Participants reserve the right at any time in their sole discretion to cancel, delay, or to cease providing any part or all of the ANS Site content or related services, and you agree that neither ANS nor any of the ANS Participants will have any liability to you for such an action. If you no longer desire to participate in the ANS Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the ANS Site, but the other provisions of the Agreements will survive any such termination.
Entire Agreement.
The Agreements constitute the entire agreement between you and ANS with respect to your use of the ANS Site, superseding any prior agreements between you and ANS regarding your use of the ANS Site.
Waiver and Severability.
The failure of ANS to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements 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 the Agreements shall remain in full force and effect.
Choice of Law/Forum Selection.
You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements or any content or service obtained from or through the ANS Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law 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 court as shared by ANS board of directors. 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 of lack of proper jurisdiction or venue or inconvenience of forum).
Effective Date:
Jan 11, 2021.