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User Postings Disclaimer. You understand that when using the Site you will be exposed to User Postings from a variety of sources, and that MIT is not 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 MIT with respect thereto. MIT does not endorse any User Postings or any opinion, recommendation or advice expressed therein. MITx has no obligation to monitor any User Postings or any other user communications through the Site. However, MITx reserves the right to review User Postings and to edit or remove, in whole or in part, such User Postings in its sole discretion. If notified by a User or a content owner of a User Posting that allegedly does not conform to the TOS, MIT 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.
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YOU AGREE THAT MIT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.
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You agree to defend, hold harmless and indemnify MIT, and its subsidiaries, affiliates, officers, 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, MIT will provide you with written notice of such claim, suit or action.
Termination Rights. You agree that MIT, in its sole discretion, may terminate your use of the Site or your participation in it thereof, for any reason or no reason. If you no longer desire to participate in the Site, you may terminate your participation therein upon notice to MIT.
Entire Agreement. This Agreement constitutes the entire agreement between you and MIT with respect to your use of the Site, superseding any prior agreements between you and MIT regarding your use of the Site.
Waiver and Severability of TOS. The failure of MIT to exercise or enforce any right or provision of the TOS of Site shall not constitute a waiver of such right or provision. If any provision of the 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 the TOS remain in full force and effect.
Choice of Law/Forum Selection. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Boston, Massachusetts as the legal forum for any such dispute.
Effective Date: February 20, 2012
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