Swiss Finance Academy

TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE APPLYING TO OR ATTENDING ANY OF THE PROGRAMS OFFERED BY SWISS FINANCE EDUCATION GMBH OF SWITZERLAND ("SWISS FINANCE ACADEMY", "SWISS FINANCE INSTITUTE", "SWISS FINANCE SCHOOL", "SWISS FINANCE", OR THE "ACADEMY"). BY USING AND PARTICIPATING IN OUR SITES, INCLUDING APPLYING ONLINE TO OUR PROGRAM, YOU SIGNIFY THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY AND COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE PROMPTLY EXIT ALL SITES, AND DO NOT APPLY TO SWISS FINANCE ACADEMY. SWISS FINANCE ACADEMY RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME WITHOUT ANY PRIOR NOTICE.

Students of Swiss Finance are expected to show both within and without the Academy such respect for order, morality, personal honor and the rights of others as is demanded of good citizens. Failure to do this will be sufficient cause for removal from our program(s).

Student Conduct:

Swiss Finance Academy students are expected to abide by all Swiss Finance Academy policies concerning student conduct. This includes following the laws and regulations of their host country. Additionally, the Academy students must fulfill their academic responsibilities by upholding the Academy's high academic standards. In accordance with these responsibilities, the Academy students must read and understand these policies, and agree to abide by them at all times.

Academics:

In addition to their responsibilities as Swiss Finance Academy program participants, students have academic responsibilities. Swiss Finance Academy students are expected to remain academically eligible at the Academy. To remain eligible, students must achieve passing grades and comply with the 100% attendance policy, in addition to all other policies concerning eligibility. Ineligible students may not receive a transcript or a certificate, and may be dismissed. Swiss Finance Academy students are expected to maintain honest conduct in their academic and personal affairs and agree to refrain from cheating, plagiarism, misrepresentation, making of false or derogatory statements or any other dishonest conduct, including conduct that may hurt the reputation or integrity of the Swiss Finance Academy programs in any way.

Swiss Finance Academy students violating these policies will face appropriate disciplinary action, which may include dismissal from the program. Students dismissed from their program for academic, disciplinary, or conduct reasons will forfeit any and all academic transcripts, certificates and will receive no refund of any kind. Dismissal can take place at any time during the program and even after the program.

Post Program: Grading, Certificate, Alumni Groups and Memberships:

Swiss Finance Academy establishes a grading policy at the outset of each course but reserves a right to amend this evaluation criterion as it deems appropriate.

Swiss Finance Academy reserves full rights to monitor, grant, deny and suspend membership to its formal and informal alumni associations, clubs, gatherings and groups, both online and offline. Attending a program guarantees neither the certificate nor the membership to any Swiss Finance Academy group or organization unless the individual abides by the Academy's codes of conduct on a continuing basis. Swiss Finance Academy will examine any incident brought to its attention and determine the appropriate action at its sole discretion.

No individual or group can start a formal or informal, online or offline Swiss Finance Academy alumni or other organizational group without the prior written consent from the Academy.

Discrimination:

Swiss Finance Academy maintains a high standard of excellence by bringing together a community of highly qualified students, faculty, and staff. Student applicants are admitted to the Swiss Finance Academy training program on the basis of their academic, personal, and professional qualifications. Admissions decisions are made without regard to race, color, sex, sexual orientation, gender identity, religion, age, national or ethnic origin, political beliefs, veteran status, or disability. Our commitment to diversity is upheld throughout the course of our training programs. Discrimination by students, faculty, or staff against any member of the Swiss Finance Academy community based on any of the aforementioned characteristics will not be tolerated.

Honesty & Communication:

Swiss Finance Academy expects that students will be honest and forthcoming with other members of the Swiss Finance Academy community. In keeping with this expectation, any member of the community who observes a violation of any of the Swiss Finance Academy policies is required to report such violation to the Swiss Finance Academy president or Swiss Finance Academy formally designated onsite administrator (“Onsite Administrator”). Presently, Ms. Malgorzata Madej is the designated Onsite Administrator. The name of any student reporting a violation will be kept confidential upon that student’s request. Students are expected to provide honest answers to any questions posed to them by Swiss Finance Academy in the course of investigating such violations. Students are also expected to uphold the Academy's reputation at all times.

Swiss Finance Academy students are expected to conduct themselves with academic integrity. Dishonesty with regards to academic work, research, presentations, exams, and weekly peer evaluations is destructive to the values of Swiss Finance Academy, and is ultimately unfair to the majority of students who undertake the Swiss Finance Academy training program with a sense of integrity. When providing weekly peer evaluations, students are expected to be honest, candid, and complete in their assessments of their fellow students. Academic dishonesty will be grounds for immediate dismissal from the program.

Additionally, students are expected to respect the property, both physical and intellectual, of Swiss Finance Academy and of its suppliers, partners, other students, faculty, and staff. Instances of theft, unauthorized use of, or damage to property will not be tolerated, and Swiss Finance Academy reserves the right to take disciplinary or legal action in such cases.

In the event Swiss Finance Academy finds a student in violation of any policy or in breach of one or more Terms, the student grants Swiss Finance Academy the full permission to discuss, disclose and share his case, his application and other files, disciplinary proceedings, remedial actions required or expected of him and any other information deemed to be relevant by Swiss Finance Academy, with his parents, references, sponsors, deans and faculty members of his home university, his current, potential and future employers, other schools, universities and programs, and any other relevant third parties. The student hereby waives any rights to confidentiality he may have.

Professionalism:

One of Swiss Finance Academy’s goals is to offer its students a deep insight into the fast-paced and competitive corporate world, especially in the investment banking and consulting industries, as well as in entrepreneurship. Students are expected to conduct themselves as one would in a responsible, respectful and professional workplace. Behaviors such as skipping class, arriving late to class or to meetings and wearing inappropriate attire such as tattered jeans or revealing clothing are not acceptable. Students are expected to approach the training program as they would approach a job – with discipline, mutual respect, and professionalism.

All students are prohibited from visiting other students' residence halls after 10 PM. Because students work in teams and the academic performance and professionalism of each student influences the experience of all other students in the training program, all students are also strictly prohibited from staying overnight at a residence hall other than their own, including on weekends. Violation of this policy will result in immediate dismissal from the program and no refund of any kind will be issued.

Participation:

Swiss Finance Academy students must come prepared for class and for team project meetings on each occassion. They are expected to make meaningful contributions to class and to team project discussions, and a failure to do so may result in a negative grade adjustment. Likewise, superior contributions to class and to team project discussions may result in a positive grade adjustment.

Sexual and Racial Harassment Policy:

Swiss Finance Academy seeks to sustain an environment that is free from sexual and racial harassment and sex and race discrimination, both inside and outside the classroom. Such conduct is an impediment to the educational goals of Swiss Finance Academy, and will not be tolerated. Any Swiss Finance Academy student who believes that (s)he has been sexually or racially harassed is encouraged to speak with the Swiss Finance Academy president or Onsite Administrator so that appropriate action may be taken. Sexual or racial harassment by a student of any other participant of the Swiss Finance Academy training program will be grounds for immediate dismissal from the training program.

Drugs and Alcohol:

The use of non-prescription drugs and misuse of prescription drugs are expressly prohibited under any circumstances.

Alcohol consumption is forbidden at most times during the course of the program and this policy is proactively enforced so that violators are immediately sent home. Specific policy details are as following. Because students work in teams and the academic performance of each student influences the experience of all other students in the training program, Swiss Finance Academy prohibits the consumption of alcohol on weekdays from Sunday evening to Friday evening both on and off campus, and on weekend evenings if regular classes are being held on the following day. The Academy also prohibits the consumption of alcohol at many non-academic weekends, including the weekend of the MBA panel, the career panel weekends and reading periods. The Academy also reserves the right to prohibit the consumption of alcohol at all times. Even on one or two occasions during the program period when responsible use of alcohol may be permitted, the Academy prohibits consumption of alcohol after midnight. Swiss Finance security and other personnel periodically inspect on-campus as well as off-campus locations to strictly enforce the no-alcohol policy. Even a single instance of failure to abide by this policy typically results in immediate dismissal from the training program and removal from Swiss Finance facilities, and no refund of any kind is issued. Swiss Finance Academy, however, retains discretion in making the final decision. During the very limited times and events at which the consumption of alcoholic beverages has been expressly permitted by Swiss Finance Academy, students are expected to set an example of highly responsible alcohol use. At all times, the consumption and possession of alcoholic beverages is strictly forbidden in all Swiss Finance Academy facilities, including but not limited to dorm rooms, classrooms, common areas, and dining areas.

Via strict enforcement of its alcohol and other policies that allow focus on professional and academic development, Swiss Finance Academy is able to offer a highly rigorous and well-respected academic as well as professional experience to its students, an experience that we believe is not offered by other training and study abroad programs.

Responsibility:

At the completion of the program, Swiss Finance Academy students must read and comply with all pre-departure and check-out instructions before departing from Swiss Finance Academy facilities including chalets, hotels, and dorm rooms.

Students are prohibited from engaging in high risk sports activities during the course of the program, such as (including but not limited to) para gliding, white water rafting and ice skiing.

Recommendation Letter and Applicant Statement of Confidentiality:

In order to allow receipt of candid evaluations, it is a requirement for applying to Swiss Finance Academy that the Applicant waive his rights to the recommendation letter. The Applicant waives all rights to it and understands he or she will not be able to see it under any circumstances. The student also waives any right he or she may have to see any other contents of his or her file.

Disciplinary Action:

Swiss Finance Academy students are required to abide by all the policies. Additional policies may be set by Swiss Finance Academy onsite program directors to ensure student safety, academic achievement, and good relations with the community. Depending on the severity of the violation or incident, the Academy will employ one or more of the following disciplinary actions: a formal report, a verbal warning, a written warning, and immediate removal from the program and program site without any warning, including from housing. Swiss Finance Academy program directors will assess any incidents and determine the appropriate disciplinary action at their sole discretion. Swiss Finance Academy reserves the right to contact a student’s home university and family with regards to any disciplinary action. Students dismissed from their program will be ineligible for any academic transcripts or certificates and will receive no refund of any kind.

Payment, Cancellation and Reimbursement:

There are two application methods: Regular Decision (RD) and Priority Decision (PD).

RD applicants are required to submit a $40, non-refundable Application Fee at the time of application.

There is no application fee for PD applicants; they are, however, required to submit a $300 Pre-Enrollment Deposit. If a Priority Decision applicant is offered admission, the Pre-Enrollment Deposit is credited towards the overall program fees, and this $300 Pre-Enrollment Deposit becomes immediately non-refundable. The Pre-Enrollment Deposit is refunded if, and only if, the applicant is not offered admission to the program or the applicant has documented visa issues that prevent him/her from entering the host country where the program is being held.

Withdrawal of an already submitted application, whether by a Regular Decision or Priority Decision applicant, for any reason other than a documented visa issue will not result in reimbursement of the Application Fee or Pre-Enrollment Deposit under any circumstances.

In the event that an applicant is not offered admission to the program or in the case of visa issues that prevent program attendance, reimbursement of any Pre-Enrollment Deposit will be made promptly within 10 business days.

All accepted students are required to make a non-refundable Enrollment Deposit of $900. The $300 Pre-Enrollment Deposit submitted by Priority Decision applicants is credited towards this amount, so their Enrollment Deposit is $600. The non-refundable Enrollment Deposit is then credited towards the overall program fees.

In the event of cancellation prior to the program start date, Swiss Finance Academy reserves the right to retain up to 50% of overall program fees to be applied towards administrative costs and any non-refundable costs for travel, meals, housing or learning facilities paid by the Academy in anticipation of the enrolled student’s program attendance. The remaining 50% of the program fees are applied solely towards program tuition, and will be refunded upon request at any time prior to the program start date. There will be no refunds on or after the program start date.

In the event a student attends the program without paying the full fees as is required, the Academy reserves a right to charge his or her credit card on file for the full fees that are outstanding. These fees become fully non-refundable on the first day of the program. For the purpose of avoiding doubt and clearly establishing unpaid fee obligation, if an applicant uses the credit card or bank account of a family member, a friend or an employer (the "Sponsor") to satisfy any portion of the Swiss Finance Academy application fee, enrollment fee or tuition fees, then such Sponsor shall assume full and equal responsibility for any unpaid student fees and other obligations on the first day of the program attendance.

Acceptance of the Terms of Participation:

With their signed registration or through the submission of the online registration form, participants declare their agreement with the Terms.

Program Changes:

Swiss Finance Academy reserves the right to change the dates, location, faculty and any other aspect of the program, and cancel any programs for any reason at Swiss Finance Academy's sole discretion. In case program dates are changed or programs are cancelled, a full refund will be issued upon applicant's request. Applicant may also request an option to enroll in a different program. In case location is changed, the enrolled participant will be expected to attend the new location and not be eligible for a refund. In case a program is cancelled for any reason, Swiss Finance Academy can not be held liable for any loss, including but not limited to, advance flight purchase expense or any other transportation expense incurred by anyone.

Content, Structure, and Nature of Program:

Swiss Finance Academy reserves all rights to conduct the program in any way or manner it deems fit. This includes, but is not limited to, classroom instruction, choice of instructors, course content, extracurricular and athletic activities, accommodation, events, social activities, etc. After enrollment, participant will not be eligible for a refund under any circumstances, even if there are any subsequent changes to the Program’s content, structure, or nature.

Internship or Employment:

This is not an offer of employment of any kind to anyone by Swiss Finance Academy, its partners, clients, or affiliated companies. Although Swiss Finance Academy may sometimes assist participants in obtaining internships or employment, no guarantees or promises of any kind are made to anyone.

Health insurance:

All participants are fully responsible for their health, safety, and accidental insurance(s) to cover their participation in any and all aspects of the Swiss Finance Academy programs. Swiss Finance Academy will not be held responsible for any athletic, personal, or other injury that may arise for any reason at any time. All participants assume full personal responsibility for purchasing their own medical, accidental, and other insurance that may be needed.

Safety Regulations:

Participants are obligated to observe all safety regulations of Swiss Finance Academy and of the official security personnel. In addition, participants must also respect all safety rules imposed by the owners or operators of venues.

Exclusivity of Participation:

An admission offer or enrollment is only valid for the original applicant. The admission is in no way transferable or otherwise trade-able.

Intellectual Property:

All intellectual property rights must be respected. All Swiss Finance Academy materials, including those used during the training program, are the intellectual property of Swiss Finance Academy and/or of the authors of the materials, and may not be distributed to or shared with third parties via any form of media without the express written permission of Swiss Finance Academy. The following license agreemeent ("License Agreement") applies to Swiss Finance Academy intellectual property such as course materials. Swiss Finance Academy agrees to grant and the student agrees to accept a non-exclusive, non-transferable license ("License") under the following terms and conditions to access and utilize the Swiss Finance Academy teaching materials, course materials, slides, handouts, online or hard copy modules, books, cases or other materials ("Course Materials") that may be made available to a student by Swiss Finance Academy at any time during, before or after a course: Course Materials are and remain the intellectual property of Swiss Finance Academy. The Licensee is granted a non-exclusive, non-transferable license by Swiss Finance Academy to view the Course Materials. Swiss Finance Academy reserves a right to revoke the License at any time for any reason, or for no reason at all, and the student may not claim any refund if his or her license is revoked. The Licensee may not sell, rent, loan, give away or publish by means of any printed, electronic or broadcast media the Course Materials or any part of the Course Materials. The Licensee may not sell, rent, loan, give away or make public his/her login name and password to any Swiss Finance Academy websites. The Licensee may not copy, print, modify, remove, delete, augment, add to, publish, distribute, transmit, sell, resell, create derivative works from, remove copyright and other notices from or in any way exploit any of Course Materials' content, in whole or in part, and the Licensee may not aid or permit others to do so. All the conditions in this License Agreement relating to Course Materials also apply to all other materials available to the Licensee from Swiss Finance Academy. Such other materials include but do not exclusively refer to blogs, excel modules, articles and help files. The Licensee's right to use Course Materials will terminate automatically if the Licensee violates any part of this License Agreement, or violates any other Terms of the Swiss Finance Academy participation. In the event of termination, the Licensee must immediately return to Swiss Finance Academy all copies of Course Materials and all other material received or copied from Swiss Finance Academy at any time. The Licensee must also destroy all user names and passwords in his possession related to Swiss Finance websites.

All information contained in Course Materials or taken from Swiss Finance Academy is made available to the Licensee "as is" and without warranty. The Licensee uses such information entirely at his/her own risk. Under no circumstances will Swiss Finance Academy, its faculty or officers be liable for any damages arising from the use of Swiss Finance Academy Course Materials or websites, including (without limitation) direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, damages for personal injury and claims of third parties. Swiss Finance Academy reserves the right to amend this License Agreement at any time and without prior notice. Any notices or changes made to this License Agreement will be notified to the Licensee by e-mail. The Licensee is responsible for making sure that his/her email address kept in Swiss Finance's records is a working email address.

No business, association, agency, or individual, including students, shall record, produce, publish, give, sell, or otherwise distribute to others any lecture, slides, course materials or any other content made available to the student during, before or after the course by Swiss Finance Academy without the prior written consent of Swiss Finance Academy. This policy applies to any recording in any medium, including handwritten or typed notes. The sole exception is the sharing of notes among currently enrolled students for the purpose of individual or group study or for other non-commercial purposes that may reasonably arise from participation in the course. For the avoidance of any doubt, audio and video recording of Swiss Finance Academy faculty, staff, or instructors is strictly prohibited.

Students infringing on Swiss Finance Academy’s intellectual property rights will be immediately expelled from the training program and from the housing facilities, and no refund will be issued under any circumstances. Further, Swiss Finance may take appropriate legal action against the infringing party. Swiss Finance Academy will also have exclusive intellectual property rights to all content that is created during the program, including, but not limited to, student presentations, academic work, research, student portraits, and program photographs.

Confidentiality:

“Proprietary Information” is all information and any idea whatever form, tangible or intangible, pertaining in any manner to the business of Swiss Finance Academy, or any of its Affiliates, or its employees, students, clients, consultants, or business associates, which was produced by any employee, contractor, student, faculty, or consultant of Swiss Finance Academy in the course of his or her relationship with Swiss Finance or otherwise produced or acquired by or on behalf of Swiss Finance. All Proprietary Information not generally known outside of Swiss Finance Academy’s organization, and all Proprietary Information so known only through improper means, shall be deemed “Confidential Information.” By example and without limiting the foregoing definition, Proprietary and Confidential Information shall include, but not be limited to: (1) formulas, research and development techniques, processes, trade secrets, computer programs, games including computer games, capital markets and banking games of any kind, teaching materials, educational materials, software, hardware, electronic codes, mask works, inventions, innovations, patents, patent applications, discoveries, improvements, data, student and program photographs, informational photographs, know-how, formats, test results, and research projects; (2) information about lists, emails and contact information of students; (3) business, marketing, and strategic plans; (4) forecasts, unpublished financial information, budgets, projections, and student identities, characteristics and agreements; (5) business processes, business methods, marketing ideas and methods, sales processes and techniques; (6) student files and any related information; and (7) teaching methods and processes, exam questions and methods, configuration and make-up of housing units, study areas and conference rooms, meals and day-to-day curricular, extra-curricular and other events and activities. Confidential Information is to be broadly defined, and includes all information that has or could have commercial value or other utility in the business in which Swiss Finance Academy is engaged or contemplates engaging, and all information of which the unauthorized disclosure could be detrimental to the interests of Swiss Finance Academy, whether or not such information is identified as Confidential Information by Swiss Finance Academy.

Existence of Confidential Information: Swiss Finance Academy owns and has developed and compiled, and will develop and compile, certain trade secrets, proprietary techniques and other Confidential Information which have great value to its business. This Confidential Information includes not only information disclosed by Swiss Finance Academy to you as a student, but also information developed or learned by students during the course of your relationship with Swiss Finance Academy.

Protection of Confidential Information: You agree that you will not, directly or indirectly, use, make available, sell, disclose or otherwise communicate to any third party, other than in your assigned duties and for the benefit of Swiss Finance Academy, any of Swiss Finance Academy’s Confidential Information, either during or after your relationship with Swiss Finance Academy. In the event you desire to publish the results of your work for Swiss Finance Academy through literature or speeches, you will submit such literature or speeches to the President of Swiss Finance Academy at least 30 days before dissemination of such information for a determination of whether such disclosure may alter trade secret status, may be prejudicial to the interests of Swiss Finance Academy, or may constitute an invasion of its privacy. You agree not to publish, disclose or otherwise disseminate such information without prior written approval of the President of Swiss Finance Academy. You acknowledge that you are aware that the unauthorized disclosure of Confidential Information of Swiss Finance Academy may be highly prejudicial to its interests, an invasion of privacy, and an improper disclosure of trade secrets.

Upon request or when your relationship with Swiss Finance Academy terminates, you will immediately deliver to Swiss Finance Academy all copies of any and all materials and writings received from, created for, or belonging to Swiss Finance Academy including, but not limited to, those which relate to or contain Confidential Information. You shall not make copies of or otherwise reproduce Confidential Information.

You shall not at any time use Swiss Finance Academy’s name or any Swiss Finance Academy trademark(s), service mark(s) or trade name(s) in any public forum, any advertising or publicity without the prior written consent of Swiss Finance Academy.

Sanctions and Liability:

Non-compliance with and violations of the terms of participation, or any misconduct, may lead to appropriate sanctions and may lead to the exclusion from the program. No refund will be issued in such instances. Swiss Finance Academy's decision will be final and cannot be challenged. Participants are fully liable for damages that result from the disregard of safety regulations as well as the rules of the owner of the venue.

You are aware that participation in the program may require living in mountain chalets or other housing in the Swiss Alps or elsewhere, transportation to class, program activities, and meals involving automobile, bus, and van transportation on mountain or city roads with sometimes poor visibility and other accidental risks. You are also aware that the program may offer optional extracurricular activities including but not limited to evening and weekend trips outside of the main program area to neighboring cities, countries and Swiss or other villages, and outdoor sport and other activities including but not limited to biking, wine tasting, restaurant visits, hiking and running, sailing, and other similar risky activities.

You are also aware that these activities involve inherent risks, dangers and hazards, including but not limited to: traffic and transportation of all sorts; changing weather conditions; variation or steepness in terrain; exposed rock, earth, ice, trees, or other natural objects; motor vehicles, equipment, pedestrians, cyclists, negligence on the part of the Academy or their staff; and negligence on the part of other Academy participants or other persons.

You are also aware that the risks, dangers and hazards referred to above exist throughout the program and off of the Academy’s main premises or other premises and that many are unmarked. You freely assume and fully accept all such risks, dangers, and hazards both on and off Academy premises and the possibility of personal injury, death, property damage, or loss resulting therefrom. In consideration of the Academy permitting your participation in the program, you hereby agree as follows:

(1) TO WAIVE ANY AND ALL CLAIMS that you may have against the Academy and all its directors, officers, employees, agents, staff members whether or not compensated by program, and representatives (all of whom are hereinafter referred to as the RELEASEES);

(2) TO RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any loss, damage, injury or expense that you, or that your next of kin may suffer as a result of his/her participation in the Academy, and the use of any rental equipment, due to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES;

(3) TO HOLD HARMLESS & INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from your participation in this program;

(4) That this release of liability shall be effective and binding upon your heirs, next of kin, executors, administrators and assigns in the event of your death.

YOU DECLARE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO PROCEEDING WITH YOUR APPLICATION TO THE PROGRAM AND PRIOR TO ATTENDANCE TO THE PROGRAM, AND THAT YOU ARE AWARE THAT BY SIGNING IT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS WHICH YOU MAY HAVE AGAINST RELEASEES.

You declare that you have also read and understand the cancellation policy including the section that outlines that there are no refunds after the program start date for any reason (please note that if a student is sent home for unacceptable behavior, or is injured and not able to participate for the remainder of their session, Swiss Finance Academy cannot offer a refund).

Advertising:

Any and all advertising by a participant of any product or service during the course of the program without explicit written permission from Swiss Finance Academy is strictly forbidden.

Miscellaneous:

In the event that any provision of this agreement shall be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Applicable Law and Jurisdiction:

This agreement shall be construed, interpreted and enforced in accordance with the laws of the Commonwealth of Massachusetts and the United States of America, without regard to its conflicts of laws provisions.