Last updated January 7, 2020
By accessing and using McKinsey Academy, you agree to these Terms. If you do not or are legally unable to agree to these Terms, you may not use McKinsey Academy.
We may periodically change the Terms, so please check back from time to time at http://www.mckinseyacademy.com/terms . By accessing and using McKinsey Academy after any changes to these Terms have been made, you agree to be bound by such revised Terms.
1. Copyrights and McKinsey Academy
Except where indicated otherwise, such as in Section 5 below, McKinsey Academy, including text, questionnaires and assessments, course content and materials, modules, videos, graphics, logos, icons, and images and the selection and arrangement thereof, and any underlying concepts, know-how, tools, frameworks, software, algorithms, models, and industry perspectives, is the exclusive property of either us or our licensors (where applicable) and is protected by applicable U.S. and international copyright laws. McKinsey Academy, including any Site, Content, or Mobile Offering, may not be copied, reproduced, modified, reverse engineered, published, uploaded, posted, transmitted, or distributed in any way without our written permission. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, copyrights, trademarks, trade secret information or other proprietary rights used or made available in connection with McKinsey Academy.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed in connection with McKinsey Academy are our registered and unregistered Trademarks and those of our licensors. You agree that, except as expressly permitted by us (or by our licensors, where applicable), you will not (i) refer to or attribute any information to us or our licensors in any public medium (e.g., press release, websites or public social media) for advertising or promotional purposes, or for the purpose of informing or influencing any third party or (ii) use or reproduce any Trademark of ours or our licensors, or imply any endorsement by or relationship with us or our licensors.
3. Use of McKinsey Academy Content
We hereby grant you a limited, non-exclusive, non-transferable license, for the term hereof, to access, download, and view the Content. Your license is limited to the Content to which we provide you access, either as an unregistered user or as a Registered User. You may use McKinsey Academy solely for your personal and non-commercial use. Where applicable, you may use McKinsey Academy in furtherance of your Sponsoring Organization’s legitimate and internal business activities, provided that you do not modify the McKinsey Academy Content in any way (including creating derivative works thereof) and that you retain all copyright and other proprietary notices displayed on the McKinsey Academy Content. You may not otherwise reproduce, modify, reverse engineer, disclose, distribute, transmit, post, or permit any third party to access or use the McKinsey Academy. Additionally, you may not disable any security or technological safeguards from McKinsey Academy Site, Mobile Offering, or Content, including digital protection mechanisms, metadata, watermarks, or disclaimers, without our prior written consent.
You may not attempt to gain access to any location, portion or feature of McKinsey Academy, any User Account other than your own, or any other materials, information, data, networks or systems owned or operated by us or a third party on our behalf except where we intentionally make that access available to you by us. In addition, you agree not to use robots, spiders, scripts, data collection software or applications or web-scraping tools to scrape, or otherwise download or collect, including in bulk, any McKinsey Academy Content, including User Content.
4. User Registration
In order to participate in certain aspects of McKinsey Academy you, or your sponsoring organization (e.g., your employer or other organization or entity, including a professional organization, through which you are seeking to participate in McKinsey Academy) (your “Sponsoring Organization”), acting on your behalf, must first register with us by creating a user account (a “User Account”). To create a User Account, you or your Sponsoring Organization must provide to us, either directly or indirectly (e.g., by authorizing a third-party site such as LinkedIn to provide to us), your first and last name and an email address. You also will be asked to create a username and password for your account. For certain functionalities, you or your Sponsoring Organization may also be required to provide additional information at registration or invited to provide additional optional information such as your biographical, demographic, employment and/or other information. All of this information comprises your “User Account Information.”.
You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that neither you nor your Sponsoring Organization, if applicable, are listed on any U.S. Government list of prohibited or restricted parties.
5. User Content
In connection with your use of McKinsey Academy, you may have the opportunity to submit, post, publish, distribute, or otherwise share information, images, videos, materials, data or other content, including without limitation: posts to discussion forums or message boards; survey, questionnaire, or assessment responses; work product (in electronic or physical form) in connection with courses or other activities offered through McKinsey Academy; modifications to or commentary about McKinsey Academy Content or other work product of McKinsey Academy users; and feedback or comments about McKinsey Academy, including courses or services provided or considered for provision in connection with McKinsey Academy (collectively, “User Content”). You acknowledge and agree that, by providing us any such User Content, you grant us a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify and otherwise exploit such User Content for any purpose, and in any form or media, not prohibited by applicable law. You also grant to other users of the McKinsey Academy services a non-exclusive license to access, reproduce and use such User Content. In addition, you hereby waive any claims against us for any alleged or actual infringement of any rights of privacy or publicity, intellectual property rights, moral rights, or rights of attribution in connection with our use or that of our authorized users of such User Content as permitted by these Terms.
You covenant that you shall not submit or upload to, or otherwise publish or make available through, McKinsey Academy, or otherwise provide to us, any User Content that (a) is threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourages conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate applicable law; (c) infringes the intellectual property, privacy, publicity, or other rights of any third parties; (d) contains a computer virus or other malicious or destructive element; (e) contains advertising; (f) constitutes or contains false or misleading statements, including for the purpose of misrepresenting your identity or your reason or intent in accessing McKinsey Academy or providing any such User Content; (g) violates these Terms or is designed to interfere, or would reasonably be expected to interfere, with our provision of McKinsey Academy and the reasonable use and enjoyment of other users of the same or (h) violates any applicable policy or requirement of your Sponsoring Organization.
We do not and cannot review all User Content, and we are not responsible to you or any other party with respect to any User Content provided or made available in connection with McKinsey Academy. We reserve the right to refuse to accept or publish any User Content, and to remove any previously accepted or published User Content, at our discretion.
6. Notices of Infringement and Takedown
In addition to the limitations on User Content set forth in Section 5, we prohibit the posting of any information in connection with McKinsey Academy that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content available through McKinsey Academy, please write to us at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Upon our receipt of such a statement (or any statement in conformance with 17 U.S.C. Section 512(c)(3)), we will remove any posted material that infringes the copyright or other intellectual property right of any person under U.S. law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Our contact for submission of notices under this Section 6 is set forth in the “Contact Us” Section of these Terms.
EXCEPT AS PROHIBITED BY LAW, NEITHER WE NOR OUR THIRD PARTY LICENSORS AND CONTENT PROVIDERS, INCLUDING APPLICABLE MOBILE PLATFORM PROVIDERS, SHALL BE LIABLE TO YOU, YOUR SPONSORING ORGANIZATION OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY, IN CONNECTION WITH YOUR USE OF MCKINSEY ACADEMY, ANY SITE OR MOBILE OFFERING, OR ANY MCKINSEY ACADEMY CONTENT OR USER CONTENT, OR ANY ACTION, INACTION OR DECISION TAKEN BY YOU OR ANY OTHER PARTY IN CONNECTION THEREWITH.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY WITH RESPECT TO ALL CLAIMS, ACTIONS AND EVENTS ARISING OUT OF OUR PROVISION TO YOU OF MCKINSEY ACADEMY EXCEED THE CUMULATIVE FEES, IF ANY, RECEIVED BY MCKINSEY FROM YOU IN CONNECTION WITH YOUR USE OF MCKINSEY ACADEMY DURING THE PRECEDING TWELVE MONTHS.
8. Third Party Websites & Providers
In our sole discretion we may choose to offer a certificate, statement or other documentation to you and/or your Sponsoring Organization if you satisfy certain criteria (e.g., course completion) in connection with one or more courses or programs made available to you through McKinsey Academy (a “Certificate”). The issuance of a Certificate to you and/or your Sponsoring Organization, and the criteria governing such issuance, are solely within our discretion and may be changed at any time. In addition, you acknowledge that (a) your receipt of a Certificate, if any, does not represent an endorsement by us and (b) we are not an accredited educational institution, nor have we sought any such accreditation, and any such Certificate does not convey any academic credit or standing. You agree that you will not seek to obtain a Certificate through any false, misleading, or unlawful means, or misrepresent to the public or to any third party the nature, content or terms of issuance of any such Certificate.
10. Termination; Discontinuation
11. Governing Law; Jurisdiction
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof.
13. Contact Us
- McKinsey & Company
- 195 Broadway
- 19th Floor
- New York, NY 10007