This agreement ("Agreement") is entered into by and between Financial Technology Executive Institute, a Delaware corporation with its primary location in Delaware ("FINTEI"), and the entity expressing acceptance of these terms ("Organization"). This Agreement becomes effective upon your clicking the "I Accept" button below or, where applicable, the date of countersignature (the "Effective Date").
If you are accepting on behalf of your employer or another entity, you confirm and assure that: (a) you possess full legal authority to legally bind your employer or the relevant entity to these terms and conditions; (b) you have thoroughly read and comprehended this Agreement; and (c) you, representing the party you act for, agree to abide by this Agreement. If you lack the legal authority to bind your employer or the pertinent entity, please refrain from clicking the "I Accept" button below (or, if applicable, refrain from signing this Agreement). This Agreement governs Organization's access to and utilization of the Services (as defined below).
IMPORTANT NOTICE: These terms encompass an arbitration agreement and a waiver of class actions that pertain to all claims directed against FINTEI. Please review them attentively, as they bear upon your legal rights.
Obligations
Billing
Billing Options: When placing an order for the Services, Organization may choose from the billing options provided by FINTEI on the order page. FINTEI reserves the right to modify its billing options, including limiting or discontinuing any option, with 30 days' written notice to Organization (notice may be provided via email). Billing options may not be available to all customers. Unless otherwise specified, all fees are denominated in U.S. Dollars. When paying in currencies other than U.S. Dollars, the actual billed fees will depend on the prevailing exchange rates. Organizations opting for quarterly payments will have a consistent exchange rate for each payment throughout the 12-month term, determined at the commencement of the initial payment for that term. You are responsible for timely payment of all fees and relevant taxes using a payment method linked to the applicable paid Services. Any purchase marked as "pro-rated" for a partial Term will be charged as indicated on the payment screen (the pro-rated price may not fully reflect the remaining Term). In the event of payment method failure or overdue accounts, we may employ alternative collection methods. Fees may vary based on your location and other factors, and FINTEI reserves the right to adjust fees at its sole discretion. Any changes, updates, or modifications will take effect immediately upon posting through the relevant Services.
Pricing Offers: If you have received a reduced pricing offer, please note that this pricing may not be available upon renewal or when adding new licenses. Additionally, FINTEI may share aggregate data with affiliate partners to evaluate the effectiveness of the partnership.
Third-Party Payments: For the convenience of Organization, FINTEI may agree to invoice and receive payment from an affiliate or other related party. Regardless of any alternative arrangement, both parties acknowledge that Organization will remain the contracting party and assume liability as if it were the paying party.
Refunds and Taxes
Refund Policy: If you decide to cancel your Services, FINTEI offers a full refund within 14 days after payment (the “Refund Period”). Beyond this period, FINTEI does not provide refunds, even for Organizations that choose to pay their Fees in multiple installments. To request a refund, please contact our customer support or use any other available refund mechanism provided on FINTEI's platform for Organization administrators.
Non-Refundable Fees: Unless expressly stated otherwise by FINTEI, all Fees outlined in this Agreement are non-cancelable and non-refundable. Organization is responsible for the payment of all federal, state, and local sales, use, value-added, or other taxes imposed on it due to transactions under this Agreement (except for taxes based on FINTEI's income). It is important to note that any tax withholding obligations of Organization shall not reduce the amount payable to FINTEI. If one party is required to cover taxes for which the other party is responsible, the responsible party will be billed and must pay the applicable taxes. If Organization claims tax-exempt status, it must provide sufficient evidence of tax exemption from the relevant tax authority.
Term
The term of this Agreement commences on the Effective Date and remains in full force and effect for 12 months, unless terminated as per the termination provisions outlined below (the “Term”).
Automatic Renewal: For Organizations whose Term automatically renews: Your initial 12-month Term will automatically renew unless you cancel your subscription or FINTEI suspends or discontinues it. If you cancel your subscription during the current period, you will retain access until the end of the 12-month period and will not be billed for the next billing cycle.
Non-Automatic Renewal: For Organizations whose Term does not automatically renew: The parties may mutually agree in writing (including by ordering additional Services online) to extend this Agreement for one or more additional 12-month terms for specific Services, subject to the termination provisions below. If a Service is not renewed after the Term expires, access to that Service will no longer be available under this Agreement, including paid access to any unfinished courses.
Termination
Termination: Either party has the right to suspend performance or terminate this Agreement if:
Furthermore, FINTEI can immediately suspend performance in cases of overdue payments, or it may immediately suspend performance or terminate this Agreement if Organization enables any participant to violate FINTEI's Terms of Use or other policies. FINTEI may also take such actions if it determines that its association with Organization negatively affects the business or reputation of FINTEI, its licensors, or other partners. FINTEI reserves the right to suspend or terminate the use of the Services by any participant or other individual at any time and for any reason.
Effects of Termination: Upon termination of this Agreement:
Confidential Information
Obligations: Each party shall:
Definition of Confidential Information: "Confidential Information" refers to information disclosed by one party to the other party under this Agreement, marked as confidential, or which would typically be considered confidential under the circumstances.
Exceptions: Confidential Information does not include information that:
Required Disclosure: Each party may disclose the other party's Confidential Information when required by law, provided that it notifies the other party of such disclosure.
Representations and Disclaimers
Representations: Each party represents that:
Non-Academic and Academic Credit Use: Courses covered by this Agreement are intended for Organization's standard learning and development training purposes and are meant to complement in-person instruction. If Organization chooses to assign credit for such content, it is solely responsible for ensuring appropriate pathways for degree completion based on content availability. Organization acknowledges that:
DISCLAIMERS: EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FINTEI OFFERS ITS PRODUCTS AND SERVICES "AS IS" AND DOES NOT WARRANT THAT THEIR OPERATION WILL BE ERROR-FREE OR UNINTERRUPTED. FINTEI MAKES NO REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE THROUGH ITS PRODUCTS AND SERVICES.
Indemnification
By Organization: Organization shall indemnify, defend, and hold FINTEI harmless from all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising from third-party claims:
By FINTEI: FINTEI shall indemnify, defend, and hold Organization harmless from all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising from third-party claims that FINTEI's technology used to provide the Services or any FINTEI brand features used in accordance with this Agreement infringe or misappropriate any intellectual property rights of such third party. However, FINTEI shall have no obligations or liability under this section arising from:
General: The party seeking indemnification shall promptly notify the other party of the claim and cooperate in defending it. The indemnifying party shall have full control and authority over the defense, except that:
Limitation of Liability
Limitation on Indirect Liability: Neither party shall be held liable under this Agreement for lost revenues or indirect, special, incidental, consequential, exemplary, or punitive damages, even if the party knew or should have known that such damages were possible, and even if direct damages do not provide an adequate remedy.
Limitation on Amount of Liability:Neither party's liability under this Agreement shall exceed the amount paid or payable by Organization to FINTEI for the 12 months immediately preceding the date when a claim alleging liability under this section is raised by either party.
Exceptions to Limitations: These limitations of liability shall not apply to breaches of confidentiality obligations, violations of a party's intellectual property rights by the other party, or indemnification obligations.
Binding Arbitration and Class Action Waiver
Arbitration Agreement: Organization and FINTEI agree to resolve any and all disputes, claims, or controversies arising out of or related to our Services, these Terms, or any other relationship or dispute between you and us through binding arbitration. This arbitration agreement covers claims of all kinds, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory.
Arbitration Procedure: All Claims will be submitted for binding arbitration following the Consumer Arbitration Rules of the American Arbitration Association (the "AAA Rules"). The arbitration will be held in accordance with the AAA Rules in effect at the time arbitration is initiated. The AAA Rules are available online at www.adr.org. In the event of any inconsistency between this arbitration provision and the AAA Rules, this provision will prevail.
Arbitrator Selection: The arbitrator shall be a practicing attorney or a retired judge with a minimum of five years of experience. Claims of privilege will be honored. Each party will bear its respective attorney, expert, and witness fees, except as otherwise provided in this Agreement or by applicable law.
Location of Arbitration: Arbitration proceedings will take place in the federal judicial district of your residence, allowing you the opportunity to attend and be heard. The arbitrator's decision will be final and binding and may be enforced in any federal or state court with jurisdiction.
Confidentiality: The arbitration process will be kept confidential, and its details will not be disclosed beyond the arbitration proceedings, except as required by law or applicable disclosure rules and regulations.
Class Action Waiver: Neither Organization nor FINTEI may participate in class or representative claims or act as a class representative. Claims may not be arbitrated on a class or representative basis, and the AAA Supplementary Rules for Class Arbitrations do not apply.
Government Agencies and Self-Help Remedies: The arbitration agreement does not prevent either party from seeking action by government agencies. Both parties retain the right to exercise self-help remedies, bring qualifying claims in small claims court on an individual basis, and apply to any court for provisional or ancillary relief.
Severability and Waiver: A court may sever any unenforceable portion of this Arbitration and Class Action Waiver Section. No waiver of any provision in this Section will be effective unless recorded in a signed writing. Such a waiver will not affect any other part of these Terms.
Important Notice: This arbitration agreement limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in class or representative claims, and the right to engage in discovery except as provided in the AAA Rules. Other rights that you or FINTEI would have in court may also be unavailable in arbitration.
Miscellaneous
Notices: All notices must be in writing and addressed to the other party's legal department and primary point of contact. Notice will be considered given when verified by written receipt if sent by personal or overnight courier, received if sent by mail without verification of receipt, or within five business days of posting if sent by registered or certified post. Notices sent by facsimile or email will be deemed given when verified by automated receipt or electronic logs, provided that if a notice is sent by email to FINTEI, a copy must also be sent to legal-notices@coursera.org.
Assignment: Neither party may assign or transfer any part of this Agreement without the written consent of the other party, except to an affiliate, provided the assignee agrees to be bound by the terms of this Agreement, and the assigning party remains liable for obligations incurred under this Agreement prior to the assignment.
Force Majeure: Neither party will be liable for inadequate performance due to conditions beyond their reasonable control, such as natural disasters, acts of war or terrorism, riots, labor conditions, governmental actions, and Internet disturbances.
No Waiver: Failure to enforce any provision of this Agreement will not constitute a waiver of that provision.
Severability: If any provision of this Agreement is found unenforceable, it and related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
No Agency: The parties are independent contractors, and this Agreement does not create an agency, partnership, or joint venture.
No Third-party Beneficiaries: This Agreement does not confer any rights or benefits on third parties.
Equitable Relief: Nothing in this Agreement will limit either party's ability to seek equitable relief.
Governing Law and Venue: This Agreement is governed by Delaware law, and any dispute related to this Agreement will be subject to the exclusive jurisdiction of the courts in Sussex County, Delaware.
Amendments: Any amendments or modifications to this Agreement require written agreement by both parties, Organization's online acceptance of updated terms, or Organization's continued use of the Services after notification of updated terms by FINTEI.
Survival: Provisions that should survive termination of this Agreement will do so.
Entire Agreement: This Agreement, along with all referenced documents, constitutes the entire agreement between the parties and supersedes any prior or contemporaneous agreements on the subject. Terms located at a URL and referenced herein are incorporated by reference.
Counterparts: The parties may execute this Agreement in counterparts, including facsimile, PDF, or other electronic copies, which together will constitute one instrument.
For U.S. government agencies:
