Last updated June 16, 2021
McKinsey & Company and its subsidiaries and affiliates (collectively, "McKinsey," "us" or "we") is excited to welcome you to participate in McKinsey Academy. "McKinsey Academy" refers collectively to any website, including https://academy.mckinseyaccelerate.com (the "Sites"), any mobile device or tablet application or similar software (the "Mobile Offering"), or any content or functionality ("McKinsey Academy Content") or ("Content") that we provide in connection with or that is available through McKinsey Academy. Such Content can include any related courses, programs, services, materials or offerings provided by us either through or in connection with a Site or a Mobile Offering. Your use of McKinsey Academy is subject to the following terms and conditions (the "Terms") and our Privacy Policy, available at https://solutions.mckinsey.com/msd/academy-privacy-policy/, which is incorporated herein by reference. In the event of any conflict between these terms and our privacy policy, these terms shall control.
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 https://solutions.mckinsey.com/msd/academy-terms-and-conditions/. 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.
2. Trademarks 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 agree that you and your Sponsoring Organization will provide us only with accurate User Account Information and notify us promptly of any changes. You also acknowledge that you are responsible for maintaining the privacy and security of your User Account name and password. You may not share access to your User Account for any reason with any third party, except your Sponsoring Organization. If you believe the privacy or security of your User Account has been compromised, you must notify us immediately. Our use of your User Account Information is subject to our Privacy Policy and these Terms.
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.
We may retain User Account Information, in accordance with the terms of the Privacy Policy, including to ensure compliance with these terms and any applicable legal requirements, to modify and improve McKinsey Academy and our related service offerings, as well as for any other purposes authorized by these Terms or our Privacy Policy.
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.
7. Disclaimers
MCKINSEY ACADEMY IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE MAKE NO WARRANTY OR REPRESENTATION THAT (I) ANY SITE, MOBILE OFFERING OR ANY OTHER ASPECT OF MCKINSEY ACADEMY WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, CONTINUE TO BE MADE AVAILABLE, OR IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS THEREIN WILL BE IDENTIFIED OR CORRECTED OR (II) THAT MCKINSEY ACADEMY, ANY SITE OR MOBILE OFFERING, THE MCKINSEY ACADEMY CONTENT, ANY USER CONTENT PROVIDED IN CONNECTION WITH MCKINSEY ACADEMY OR ANY OF THE COURSES OR SERVICES PROVIDED TO YOU DIRECTLY OR INDIRECTLY AS PART OF MCKINSEY ACADEMY WILL MEET YOUR NEEDS OR EXPECTATIONS. WE ARE NOT, AND MCKINSEY ACADEMY AND THE COURSES OFFERED IN CONNECTION THEREWITH ARE NOT OFFERED BY, AN ACCREDITED EDUCATIONAL PROVIDER. NEITHER WE NOR OUR THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, RELEVANCE OR ADEQUACY OF THE MCKINSEY ACADEMY CONTENT OR ANY USER CONTENT. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION, MATERIALS, CONTENT, OR SERVICES PUBLISHED OR MADE AVAILABLE ON LINKED WEBSITES, CONTAINED IN ANY USER CONTENT PUBLISHED ON OR MADE AVAILABLE TO YOU THROUGH MCKINSEY ACADEMY, OR PROVIDED BY THIRD PARTIES, INCLUDING APPLICABLE MOBILE PLATFORM PROVIDERS (AS SUCH TERM IS DEFINED IN THE PRIVACY POLICY).
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
McKinsey Academy may use third parties to host, support, or otherwise provide its services. You acknowledge and agree that we may provide such third parties with access to McKinsey Academy and any User Content you provide us for any purpose consistent with these Terms and our Privacy Policy.
Without limiting anything in this Section, we are collaborating with third parties in order to help develop, provide and improve McKinsey Academy. As part of our collaboration with such third parties, certain aspects of McKinsey Academy may be developed, hosted, maintained, supported and/or delivered in whole or in part by third parties, either directly or indirectly. In connection therewith, such third party service providers may also receive access to User Content, User Account Information and other information about your use of McKinsey Academy. Consistent with our Privacy Policy, the third parties are required to maintain the confidentiality of User Account information and your use of McKinsey Academy to which it may have access in connection with its provision of the services and support described above.
In addition, certain Mobile Offerings may be made available to you through third party websites, applications or platforms operated by a third party (a "Mobile Platform Provider"), for example through a mobile app store. These Mobile Platform Providers are subject to separate and independent terms of use and privacy policies, which apply to your use of their websites, applications and/or platforms, and any related services they provide. They are not subject to our control. Without limiting the foregoing, you acknowledge that no Mobile Platform Provider has any control over, nor makes any warranty or shall have any liability to you for, McKinsey Academy, and any claim or dispute by you in connection therewith shall be governed by these Terms. Where required by our agreement with such Mobile Platform Provider, such Mobile Platform Provider is a third party beneficiary of this paragraph of these Terms and may enforce these Terms against you.
9. Certificates 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 In our sole discretion, we may terminate your use of and participation in McKinsey Academy upon notice to you. In addition to the disclaimers set forth in Section 7, you acknowledge and agree that we reserve the right in our sole discretion to cancel, delay, reschedule, or alter the format of any course or service offered through McKinsey Academy, or to cease providing all or part of McKinsey Academy or related services. We shall have no liability to you or any third party for changes to McKinsey Academy or your right to access it (including through termination of your Account). If you no longer desire to have access to McKinsey Academy, you may stop your participation in McKinsey Academy at any time. The rights granted to you hereunder will terminate automatically upon any termination of your right to use McKinsey Academy, as applicable; provided, however, that any license granted to you by us and any provision of these Terms or the Privacy Policy necessary to enforce or exercise your or our rights or obligations hereunder shall survive the termination of these Terms.
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.
12. Miscellaneous
Use of McKinsey Academy is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section 12 and of our Privacy Policy. If any provision of these Terms is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect. Any rights not expressly granted herein are reserved.
These Terms of Use are intended to supplement any other agreement or terms between us that may otherwise be applicable to McKinsey Academy. In the event of any conflict or inconsistency between these Terms of Use and any other agreement or terms, these Terms of Use will take precedence and supersede any such other conflicting or inconsistent terms or agreements to the extent relating to McKinsey Academy.
13. Contact Us
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