These terms and conditions ("Terms of Use") govern the access, participation and use of Florida International University training, sessions and workshops (collectively, the “Workshops”) available at LinkedIn Learning website lil.fiu.edu (the “Site”). You may be accessing the Workshops from a computer, mobile phone, e-reader, tablet or other device, and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. You agree to be bound by the Terms of Use, which is an agreement between The Florida International University Board of Trustees (“FIU”, “we” or “us”) and you. You further acknowledge that you reviewed LinkedIn Privacy & Terms and consent to the processing of your data as provided in that Privacy Policy.
BY REGISTERING, ACCESSING, BROWSING OR USING ANY PART OF THE SITE AND/OR PURCHASING WORKSHOPS AND/OR ACCESSING WORKSHOPS, YOU AGREE TO ABIDE BY THE TERMS OF USE INCLUDING THE CERTIFICATIONS AT THE END OF THESE TERMS OF USE AND ANY SUPPLEMENTAL TERMS OR PRODUCT PAGES RELATED TO THE SITE, ALL OF WHICH ARE INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SITE, PURCHASE OUR WORKSHOPS OR ACCESS OUR WORKSHOPS.
Changes to the Terms of Use: You can review the most current version of the Terms of Use at any time by returning to this page. FIU reserves the right, in its sole and absolute discretion, to update, modify or replace any part of these Terms of Use from time to time by posting updates and/or changes to our Workshops at any time. For this reason, we encourage you to review the Terms of Use whenever you use, access and/or participate in the Workshops. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. If you do not agree to the modified terms of the Terms of Use, you should discontinue use of the Workshops. Your continued access and use constitute binding acceptance of the modified Terms of Use.
Technology Requirements: You agree that your equipment will meet the minimum system recommendations as indicated by LinkedIn.
Fees:The fees for the Workshops will be set out by FIU at the Site. You agree to pay the respective amount with your registration to access the Workshops. All sales are final. Please note that subscriptions and access to workshops are non-refundable and non-transferable for any reason whatsoever.
Access Periods and Terms: You understand that online access to study materials shall be granted for a period of either 6 months or 1 year based on the date of purchase. Additional extensions of time would require an additional renew.
Service Interruptions: Your access to the Site and/or Workshop may be interrupted to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Site and/or Workshop may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Intellectual Property: Content in the Workshops that is provided by FIU or its licensors, including, but not limited to, certain design, text, photographs, images, button icons, digitally downloadable files, audio clips, trademarks, logos, product and program names, slogans, the selection, arrangement and compilation of the foregoing (the “Content”) is the property of FIU and/or its licensors, and is protected, without limitation, under the U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. FIU grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access the Content for your own personal and non-commercial use. Unless expressly permitted by us in writing, you may not copy, download, distribute, adapt, license, sell, rent, lease, transfer, display, broadcast, transmit, perform, modify, translate, merge, vary, alter, disassemble, de-compile, attempt to derive the source code of, reverse engineer, publish or create derivative works or otherwise use or exploit any part of the Content in any medium. You agree not to download, display or use any Content located in the Site for use in any publications, in public performances, for any commercial purpose and/or in any other manner that is likely to cause confusion among consumers, that disparages or discredits FIU and/or its licensors, that dilutes the strength of FIU or its licensors’ property, or that otherwise infringes FIU or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third-party content that appears in the Workshops. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms of Use. FIU reserves all rights not expressly granted in these Terms of Use. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as may be reasonably requested by us with respect to any investigation undertaken by us or one of our representatives regarding the use or abuse of the Workshops.
Content Modifications and Releases: You understand that FIU may revise the content of its Workshops from time to time. It may add or remove materials that it considers as unnecessary or no longer relevant. Once the material is removed it will not be accessible and will not be available upon request. Workshops may be released periodically, and the content will be updated continuously. You accept this arrangement and understand that all content will be released in a timely manner. Workshop titles are subject to change without notice.
Trademarks: The Site, Content and the Workshops that feature FIU’s or third party logos, name, product names, service names, designs, slogans and other trademarks and service marks (collectively, the “Marks”) are registered and unregistered Marks of FIU and/or any third party. All of these Marks are the property of FIU and/or any third party. Nothing contained in the Site, Content or in any of the Workshops should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without written permission of FIU or any such third party that may own a Mark displayed on the Site, Content, or any Workshop. FIU reserves all rights not expressly granted in and to the Content, or any Workshop.
User Content: If you submit comments, photos and other content to us (“User Content”) to or about FIU and/or its Workshops on the Site or through social media communities, survey responses, email or otherwise, you grant us an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that you have the right to submit User Content to us and the right to grant us the license described above. You warrant that User Content, and our use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. Notwithstanding our privacy policy, you agree that FIU shall be under no obligation (a) to maintain any User Content in confidence; (b) to pay compensation for any User Content; or (c) to monitor, use, return, review or respond to any User Content.
Copyright: FIU is committed to complying with copyright and related laws and requires all users of the Site, workshop sessions or other services to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Site or during use of any services in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law.
Links to Third-Party Sites: The content in the Workshops may include external links to third-party websites and third-party web sites may link to the Workshops ("Linked Sites"). If you use these links, you will leave the Workshop. FIU provides these links to you merely as a convenience to deliver services and content and such provision does not in any way constitute or imply our endorsement, or recommendation of the third party, its information, products or services. FIU does not make any representations or take responsibility for such third-party sites, including, without limitation, the accuracy or quality of their content, services, data collected, advertising, and activities conducted on or through such third-party sites. If you decide to access any of the third-party websites linked to from the Workshop, you must follow the privacy policies and terms and conditions for those third-party websites. YOU AGREE THAT FIU WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Indemnity: You agree to defend, indemnify and hold harmless FIU, State of Florida, The Florida Board of Governors, and their respective officers, directors,employees, representatives, agents, and assigns, licensors and business partners, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorney’s fees) arising from: i) any breach by you of any of these Terms of Use; (ii) your User Content; or (iii) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Risk: Nothing in these Terms of Use shall be construed as an indemnification of the you by FIU nor as a waiver of sovereign immunity beyond that provided in Florida Statutes §768.28. Each party hereby assumes any and all risk of personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees, and agents thereof.
Representations and Warranties. FIU warrants and represents that the Workshops will be delivered in a professional and workmanlike manner in accordance with industry standards. EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION, FIU EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED; OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, AND FURTHER FIU EXPRESSLY EXCLUDES ANY WARRANTY OF NONINFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY.
Limitation of Liability. FIU'S MAXIMUM LIABILITY TO YOU FOR ANY ACTION ARISING UNDER THESE TERMS OF USE, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN TORT OR CONTRACT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID OR PAYABLE BY YOU FOR THE WORKSHOPS DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN.
Independent Contractor: FIU is retained by you only for those purposes and to the extent set forth in these Terms of Use, and FIU’s relation to you shall, be that of independent contractor. Neither you nor FIU shall be considered as having an employee status of the other.
Third Parties: FIU is not liable for the acts of third parties or the consequences of the acts of third parties. There shall be no third-party beneficiary to these Terms of Use.
Sanctions and Export Compliance: FIU complies with applicable economic and/or trade sanctions and export laws and regulations. FIU products and services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FIU to any registration requirement within such jurisdiction or country. Thus, no FIU products or services may be used, downloaded by, exported, or re-exported to: (a) a person located, organized, or ordinarily resident in any country that is the subject of comprehensive sanctions imposed by the U.S.; (b) any person listed on any U.S. or other relevant sanctions- or export controls-related list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Nationals, the U.S. Commerce Department's Denied Persons List or Entity List,; (c) any entity 50% or more owned, directly or indirectly, or controlled by any such person(s) described in (a) or (b); or (d) to any person otherwise blocked by or the subject of sanctions imposed by the U.S., UK, EU, or other relevant government or governing body. Access to the Workshops, purchases, services and paid products may be subject to additional review to ensure ongoing compliance with legal requirements. Current participants or customers traveling or relocating outside of the U.S. may be unable to access the learning management system, services, and courses from countries or regions subject to economic and/or trade sanctions by the Office of Foreign Assets Control (OFAC) or other authorities.
Governing Law: These Terms of Use are governed by the laws of the State of Florida and venue of any actions arising out of these Terms of Use shall be in the state courts in Miami-Dade County, Florida.
Tax: Purchases may be subject to taxes. Tax rates are different from state to state. You are responsible for paying all such taxes.
Miscellaneous: These Terms of Use supersede all prior oral or written agreements and constitute the entire agreement between the parties. If any provision of Terms is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms of Use shall continue in full force and effect.
English Language: It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
Contact: All comments, queries, and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:
By mail:
Attention: LIL for Grads Support
11200 SW 8th Street, GL 150, Miami, FL 33199
LinkedIn Learning User Agreement: Workshops are available through the Site, therefore they are subject to additional terms and conditions. Please refer to LinkedIn Learning User Agreement and/or and Privacy Policy and/or other documents for additional questions.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE IN THEIR ENTIRETY INCLUDING ANY AND ALL RELATED LINKS. BY CONTINUING TO ACCESS, USE OR PARTICIPATE IN THE SITE OR WORKSHOPS, YOU AFFIRM TO THE TERMS OF USE AND EXPRESSLY AGREE TO BE BOUND BY ITS TERMS.