SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT

GENERAL NONDISCRIMINATION REQUIREMENTS

16. Consistent with Title III of the ADA and its implementing regulation, and subject to the terms and coverage of this Agreement, edX, with respect to www.edx.org, its mobile applications, and the Platform:

    1. Shall not discriminate on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201;

    2. Shall not deny individuals with disabilities the opportunity to participate in and benefit from its goods, services, facilities, privileges, advantages, and accommodations.  42 U.S.C. § 12182(b)(1)(A)(i); 28 C.F.R. § 36.202(a);

    3. Shall not provide individuals with disabilities an unequal opportunity to participate in or benefit from its goods, services, facilities, privileges, advantages, and accommodations.  42 U.S.C. § 12182(b)(1)(A)(ii); 28 C.F.R. § 36.202(b);

    4. Shall not provide individuals with disabilities with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.  42 U.S.C. § 12182(b)(1)(A)(iii); 28 C.F.R. § 36.202(c).

    5. Shall not utilize standards, criteria, or methods of administration that have the effect of discriminating on the basis of disability or that perpetuate the discrimination of others who are subject to common administrative control.  42 U.S.C. § 12182(b)(1)(D); 28 C.F.R. § 36.204;

    6. Shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless edX can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations.  42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302; and

    7. Shall take the necessary steps to ensure that individuals with disabilities are not excluded, denied services, segregated, or otherwise treated differently because of the absence of auxiliary aids and services, unless edX can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden.  42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.