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.
Emeritus and the Founding Academic Institutions (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. Emeritus and the founding academic institutions 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. “Founding Academic Institutions” means MIT, Columbia University and Dartmouth College and their respective entities providing information, content or services for the Site, the course instructors and their staffs.
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 Emeritus nor the Emeritus 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 Emeritus or any of the Emeritus participants with respect thereto. Neither Emeritus nor any of the Emeritus participants endorse any user postings or any opinion, recommendation or advice expressed therein. Neither Emeritus nor any of the Emeritus participants have any obligation to monitor any user postings or any other user communications through the Site.
However, Emeritus 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 Emeritus 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, Emeritus 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.
Links to other sites. The Site may include hyperlinks to sites maintained or controlled by others. Emeritus and the Emeritus 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 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 Emeritus nor any of the Emeritus 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 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, statutory or other law.
In particular, to the fullest extent permitted by applicable law, neither Emeritus nor any of the Emeritus participants will have any liability for any consequential, indirect, punitive, special, exemplary or incidental damages, whether foreseeable or unforeseeable and whether or not Emeritus or any of the Emeritus 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).