Arbitration Update 27 May 2024
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Terms of Use
Terms of Use
Effective: May 27, 2024.
Effective: February 8, 2024.
Thank you for using Coursera!
Thank you for using Coursera!
Coursera offers products and services provided by Coursera, Inc., our subsidiaries, and our international branches, including Coursera Europe B.V., a limited liability company incorporated in the Netherlands (VAT number NL861937016B01) (collectively, "Coursera," "us," "we," or "our"). These Terms of Use ("Terms") govern your use of our website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions, requests for information, or complaints. By clicking “I accept” (or for those who have not yet created an account, by using our Services), you agree to be bound by these Terms, including the policies referenced in these Terms. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
Coursera offers products and services provided by Coursera, Inc., our subsidiaries, and our international branches, including Coursera Europe B.V., a limited liability company incorporated in the Netherlands (VAT number NL861937016B01) (collectively, "Coursera," "us," "we," or "our"). These Terms of Use ("Terms") govern your use of our website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions, requests for information, or complaints. By clicking “I accept” (or for those who have not yet created an account, by using our Services), you agree to be bound by these Terms, including the policies referenced in these Terms. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST COURSERA. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. THE TERMS OF THE ARBITRATION AGREEMENT SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST COURSERA. PLEASE READ THEM CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. THE TERMS OF THE ARBITRATION AGREEMENT SHALL NOT APPLY IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE.
1. Using Coursera
1. Using Coursera
Who May Use Our Services
Who May Use Our Services
Any use or access by anyone under the age of 13 is strictly prohibited.
Any use or access by anyone under the age of 13 is strictly prohibited.
Additionally, you may use our Services only if you:
Additionally, you may use our Services only if you:
● can form a binding contract with Coursera;
● can form a binding contract with Coursera;
● comply with these Terms, all applicable laws, and our policies (including the Acceptable Use Policy, Honor Code, course-specific eligibility requirements, and any other policies that may be applicable from time to time (“Policies”)); and
● comply with these Terms, all applicable laws, and our policies (including the Acceptable Use Policy, Honor Code, course-specific eligibility requirements, and any other policies that may be applicable from time to time (“Policies”)); and
● are over the age at which you can provide consent to data processing under the laws of your country. Certain regions and Content Offerings may have additional requirements and/or different age restrictions.
● are over the age at which you can provide consent to data processing under the laws of your country. Certain regions and Content Offerings may have additional requirements and/or different age restrictions.
Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated.
Any violation of our Terms, applicable laws, or Policies may result in your access to all or part of the Services being suspended, disabled, or terminated.
When you create your Coursera account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
When you create your Coursera account, and when you subsequently use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
Our License to You
Our License to You
Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Coursera, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.
Subject to these Terms and our Policies, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license right to use our Services. The rights granted herein are only for your personal, non-commercial use, unless you obtain our written permission otherwise. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Coursera, and you will not share access to your account or access information for your account with any third party. Using our Services does not give you ownership of or any intellectual property rights in our Services or the content you access.
Commercial Use
Commercial Use
Any use of our Services for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with Coursera, Inc. Refer to our Enterprise page for more information. If you are an organization already using our Services, separate terms apply. These terms do not govern the relationship between your organization and Coursera.
Any use of our Services for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with Coursera, Inc. Refer to our Enterprise page for more information. If you are an organization already using our Services, separate terms apply. These terms do not govern the relationship between your organization and Coursera.
2. Content Offerings
2. Content Offerings
Changes to Content Offerings
Changes to Content Offerings
Coursera offers courses and content ("Content Offerings") from universities and other providers ("Content Providers"). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. Coursera reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with Content Provider instructions. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.
Coursera offers courses and content ("Content Offerings") from universities and other providers ("Content Providers"). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. Coursera reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment, either solely, or in accordance with Content Provider instructions. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.
No Academic Credit
No Academic Credit
Coursera does not grant academic credit for the completion of Content Offerings. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offerings does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offering unless you have earned a course certificate or other equivalent documentation of your completion of the Content Offering. Coursera, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.
Coursera does not grant academic credit for the completion of Content Offerings. Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offerings does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offering unless you have earned a course certificate or other equivalent documentation of your completion of the Content Offering. Coursera, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.
Disclaimer of Student-Content Provider Relationship
Disclaimer of Student-Content Provider Relationship
Except as described in the Degree, MasterTrack, and University Certificate Programs section below, nothing in these Terms or otherwise with respect to your participation in any Content Offerings by Content Providers : (a) establishes any relationship between you and any Content Provider; (b) enrolls or registers you in any Content Provider institution, or in any Content Offering offered by any Content Provider institution; or (c) entitles you to use the resources of any Content Provider institution beyond participation in the Content Offering.
Except as described in the Degree, MasterTrack, and University Certificate Programs section below, nothing in these Terms or otherwise with respect to your participation in any Content Offerings by Content Providers : (a) establishes any relationship between you and any Content Provider; (b) enrolls or registers you in any Content Provider institution, or in any Content Offering offered by any Content Provider institution; or (c) entitles you to use the resources of any Content Provider institution beyond participation in the Content Offering.
3. Your Content
3. Your Content
User Content
User Content
The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with Coursera, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on to the Coursera platform by or on behalf of Content Providers or their instructors using the Services or Content Offerings. As between Coursera and Content Providers, such Content Offerings are governed by the relevant agreements in place between Coursera and Content Providers.
The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with Coursera, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you create and share. User Content does not include course content or other materials made available on or placed on to the Coursera platform by or on behalf of Content Providers or their instructors using the Services or Content Offerings. As between Coursera and Content Providers, such Content Offerings are governed by the relevant agreements in place between Coursera and Content Providers.
How Coursera and Others May Use User Content
How Coursera and Others May Use User Content
To the extent that you provide User Content, you grant Coursera a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Coursera the right to authorize Content Providers to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights Coursera may have to User Content, for example under other licenses.
To the extent that you provide User Content, you grant Coursera a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Coursera the right to authorize Content Providers to use User Content with their registered students, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights Coursera may have to User Content, for example under other licenses.
We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies including our Acceptable Use Policy and Code of Conduct.
We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or other policies including our Acceptable Use Policy and Code of Conduct.
Feedback
Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Coursera does not waive any rights to use similar or related Feedback previously known to Coursera, developed by our employees, contractors, or obtained from other sources.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Coursera does not waive any rights to use similar or related Feedback previously known to Coursera, developed by our employees, contractors, or obtained from other sources.
4. Security
4. Security
We care about the security of our users. While we work to protect the security of your account and related information, Coursera cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing security@coursera.org or submitting via HackerOne.
We care about the security of our users. While we work to protect the security of your account and related information, Coursera cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing security@coursera.org or submitting via HackerOne.
5. Third Party Content
5. Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Coursera cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Coursera disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.
Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Coursera cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Coursera disclaims any responsibility or liability related to your access or use of, or inability to access or use, such third party content.
6. Copyright and Trademark
6. Copyright and Trademark
Coursera respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Coursera Copyright and Trademark Policy below in accordance with applicable law, including the Digital Millennium Copyright Act.
Coursera respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the Coursera Copyright and Trademark Policy below in accordance with applicable law, including the Digital Millennium Copyright Act.
7. Education Research
7. Education Research
Coursera is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
Coursera is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
8. Paid Services from Coursera
8. Paid Services from Coursera
Coursera offers paid Services (e.g., course certificates for certain courses) for a fee. Unless otherwise stated, fees are quoted in local currency. You are responsible for paying all fees charged by or for Coursera and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Coursera reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Payments and Refund Policy below.
Coursera offers paid Services (e.g., course certificates for certain courses) for a fee. Unless otherwise stated, fees are quoted in local currency. You are responsible for paying all fees charged by or for Coursera and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Coursera reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Payments and Refund Policy below.
Degree, MasterTrack, and University Certificate Programs
Degree, MasterTrack, and University Certificate Programs
The Services may allow you to enroll in Degree, MasterTrack, and University Certificate programs or similar programs offered by our Content Providers on the Coursera platform. Our Content Providers serve as the distance education providers of these programs and determine admissions, refund, and graduation or completion policies and requirements. Nothing in these Terms shall restrict the applicability to you of any institutional policies established by our Content Provider in connection with these programs (e.g., student codes of conduct); such policies shall supplement these Terms and to the extent there is a conflict between such policies and these Terms, as between you and our Content Provider, our Content Provider’s policies shall govern.
The Services may allow you to enroll in Degree, MasterTrack, and University Certificate programs or similar programs offered by our Content Providers on the Coursera platform. Our Content Providers serve as the distance education providers of these programs and determine admissions, refund, and graduation or completion policies and requirements. Nothing in these Terms shall restrict the applicability to you of any institutional policies established by our Content Provider in connection with these programs (e.g., student codes of conduct); such policies shall supplement these Terms and to the extent there is a conflict between such policies and these Terms, as between you and our Content Provider, our Content Provider’s policies shall govern.
Depending on the program, tuition and fee payments for these programs may be collected by Coursera or our Content Partners. If your payment method fails or your account is past due, we or our Content Partners may collect tuition and fees using other collection mechanisms. Tuition and fees may vary based on your location and other factors, and Coursera and its Content Partners reserve the right to change any tuition and fees for future semesters or equivalent payment periods at their sole discretion. Refunds may be available for paid Services as described in our Refund Policy below. You are encouraged to research and consider whether the tuition and fees required for Content Offerings align with your professional and financial goals.
Depending on the program, tuition and fee payments for these programs may be collected by Coursera or our Content Partners. If your payment method fails or your account is past due, we or our Content Partners may collect tuition and fees using other collection mechanisms. Tuition and fees may vary based on your location and other factors, and Coursera and its Content Partners reserve the right to change any tuition and fees for future semesters or equivalent payment periods at their sole discretion. Refunds may be available for paid Services as described in our Refund Policy below. You are encouraged to research and consider whether the tuition and fees required for Content Offerings align with your professional and financial goals.
Professional licensure, certification, and job requirements for various professions may vary in each state and country, and job requirements may vary by employer. Coursera does not guarantee licensure, certification or qualification for any profession or job on the basis of your completion of a Content Offering on Coursera. You are advised to research, understand and comply with the requirements in the applicable state and/or country in which you work or intend to work, and to investigate whether the Content Offering in which you intend to enroll meets your academic and/or professional needs before enrolling.
Professional licensure, certification, and job requirements for various professions may vary in each state and country, and job requirements may vary by employer. Coursera does not guarantee licensure, certification or qualification for any profession or job on the basis of your completion of a Content Offering on Coursera. You are advised to research, understand and comply with the requirements in the applicable state and/or country in which you work or intend to work, and to investigate whether the Content Offering in which you intend to enroll meets your academic and/or professional needs before enrolling.
9. Modifying or Terminating our Services
9. Modifying or Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Services altogether. Accordingly, Coursera may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments, or for commercial or reputational reasons. None of Coursera, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Coursera Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend (to the extent allowed by applicable law) or stop part of our Services altogether. Accordingly, Coursera may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments, or for commercial or reputational reasons. None of Coursera, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Coursera Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.
10. Disclaimers
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COURSERA PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COURSERA PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE COURSERA PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE COURSERA PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
11. Limitation of Liability
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COURSERA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE COURSERA PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL COURSERA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY COURSERA FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COURSERA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE COURSERA PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL COURSERA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY COURSERA FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COURSERA, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO COURSERA'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COURSERA, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO COURSERA'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Export Controls
12. Export Controls
By using our Services, you are warranting that you are not located in, under the control of, a national of, or ordinarily resident in, any country that is subject to applicable U.S. laws and regulations, or laws of your local jurisdiction, preventing Coursera from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.
By using our Services, you are warranting that you are not located in, under the control of, a national of, or ordinarily resident in, any country that is subject to applicable U.S. laws and regulations, or laws of your local jurisdiction, preventing Coursera from providing you access to the Services. Your location is determined by your physical location. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.
By using our Services, you are warranting that you are not named on, or controlled by anyone named on, any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you, or a party exercising control over you, are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to any country against which the U.S. has embargoed goods or services, or to an entity or person on any Sanctions List, or otherwise use the services in a manner that would be in violation of applicable laws.
By using our Services, you are warranting that you are not named on, or controlled by anyone named on, any government prohibited, denied, unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you, or a party exercising control over you, are placed on any Sanctions List. You also warrant that you will not export, re-export, or transfer the Services to any country against which the U.S. has embargoed goods or services, or to an entity or person on any Sanctions List, or otherwise use the Services in a manner that would be in violation of applicable laws.
Notwithstanding anything to the contrary in these Terms, Coursera may suspend performance of or terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section or if the continued provision of our Services to you may, in our sole discretion, result in our commercial or reputational harm.
Notwithstanding anything to the contrary in these Terms, Coursera may suspend performance of or terminate any further obligations to you, effectively immediately if you are in breach of the obligations in this section or if the continued provision of our Services to you may, in our sole discretion, result in our commercial or reputational harm.
13. Indemnification
13. Indemnification
You agree to indemnify, defend, and hold harmless Coursera from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
You agree to indemnify, defend, and hold harmless Coursera from any and all claims, liabilities, expenses, and damages (to the extent attributable to you under the applicable law), including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
14. Governing Law and Venue
14. Governing Law and Venue
Except as provided below, the Services are managed by Coursera, Inc. which is located in Santa Clara County, California. You agree that these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, you and Coursera will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute (except for small claims court actions which may be brought in the county where you reside).
Except as provided below, the Services are managed by Coursera, Inc. which is located in Santa Clara County, California. You agree that these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions.
In the event of any dispute that is not subject to binding arbitration, you and Coursera will submit to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Santa Clara County, California as the legal forum for any such dispute (except for small claims court actions which may be brought in the county where you reside).
To the extent you are located in the European Union, an EFTA country or the United Kingdom, the Services are managed by Coursera Europe B.V. You agree that these Terms will be governed by the laws of the Netherlands, excluding its conflicts of law provisions.
To the extent you are located in the European Union, an EFTA country or the United Kingdom, the Services are managed by Coursera Europe B.V. You agree that these Terms will be governed by the laws of the Netherlands, excluding its conflicts of law provisions.
These Terms shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
These Terms shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
15. Binding Arbitration and Class Action Waiver
15. Binding Arbitration and Class Action Waiver
You and Coursera agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”). Claims will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as Claims that may arise after the termination of these Terms.
If you live in the U.S. or another jurisdiction which allows you to agree to arbitration, you and Coursera agree to submit to binding arbitration any and all disputes, claims, or controversies of any kind, whether based on statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to our Services, these Terms, and/or any other relationship or dispute between you and us, including without limitation (i) the scope, applicability, validity or enforceability of these Terms and/or this arbitration provision, and (ii) relationships with third parties who are not parties to these Terms or this arbitration provision to the fullest extent permitted by applicable law (each a “Claim,” and collectively the “Claims”). Claims will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Terms as well as Claims that may arise after the termination of these Terms.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.
This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also have the right to exercise self-help remedies, such as set-off, or to bring qualifying claims in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional or ancillary relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with any of these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in this provision.
Before filing an arbitration, you and we will try in good faith to informally resolve any Claims. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to consumer-arbitration@coursera.org that includes (1) your name, phone number, username (if applicable), and email address for your account (2) a description of the Claim and how you’d like it resolved and (3) the name, telephone number, mailing address and e‐mail address of your counsel, if any. If we have a Claim with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and us must cooperate to schedule that meeting by phone or videoconference. You and Coursera each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the Claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
Before filing an arbitration, you and we will try in good faith to informally resolve any Claims. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to consumer-arbitration@coursera.org that includes (1) your name, phone number, username (if applicable), and email address for your account (2) a description of the Claim and how you’d like it resolved and (3) the name, telephone number, mailing address and e‐mail address of your counsel, if any. If we have a Claim with you, we will send a Notice of Dispute with the same information to the email address for your account. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and us must cooperate to schedule that meeting by phone or videoconference. At the option of a party, you and Coursera each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the Claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
YOU AND COURSERA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Coursera are instead electing that all Claims shall be resolved by arbitration under this Arbitration Agreement, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
YOU AND COURSERA HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Coursera are instead electing that all Claims shall be resolved by arbitration under this arbitration agreement, except as specified above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this arbitration provision, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions of the subsection below related to batch arbitration. Notwithstanding anything to the contrary in this arbitration provision, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Coursera agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Santa Clara County, California. All other Claims shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Coursera from participating in a class-wide settlement of claims.
EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this arbitration provision, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions of the subsection below related to batch arbitration. Notwithstanding anything to the contrary in this arbitration provision, if a final decision, not subject to any further appeal or recourse, determines that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Coursera agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in Santa Clara County, California. All other Claims shall be arbitrated or litigated in small claims court. This subsection does not prevent you or Coursera from participating in a class-wide settlement of claims.
The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this arbitration provision and any arbitration proceedings. If Informal Dispute Resolution does not resolve satisfactorily within sixty (60) days after receipt of a Notice of Dispute, you and Coursera agree that either party shall have the right to finally resolve the Claim through binding arbitration. Any and all Claims shall be submitted for binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”), as amended, in effect at the time arbitration is initiated. The AAA Rules are a
The Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this arbitration provision and any arbitration proceedings. If Informal Dispute Resolution does not resolve satisfactorily within sixty (60) days after receipt of a Notice of Dispute, you and Coursera agree that either party shall have the right to finally resolve the Claim through binding arbitration. Any and all Claims shall be submitted for binding arbitration in accordance with the National Arbitration & Mediation ("NAM”) Comprehensive Dispute