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The materials on this site are not designed for non-lawyers and are not designed to be understood by someone without legal training and experience.

The information on this website is not legal advice.

The materials on this website are for information and educational purposes only and do not constitute legal advice. Legal advice is dependent upon the specific circumstances of each situation. No one looking at these materials should think that he or she has a lawyer-client relationship with the author(s). Contact a private attorney if you need to determine the specific legal aspects of your particular situation.

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Terms of Use for the Foreign Counsel Institute (“FCI”)

These Terms of Use (“Terms”) govern your use of FCI’s website and other products and services (“Services”). By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy).

Who May Use our Services –
You may use our Services only if you can form a binding contract with FCI, and only if approved by FCI, and only in compliance with these Terms and all applicable laws. When you create your FCI account, and subsequently when you 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 –

Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course specific eligibility requirements and other terms), we grant you a limited, personal, nonexclusive, nontransferable, and revocable license to use our Services.

You may download content from our Services only for your personal, noncommercial use, unless you obtain FCI’s written permission to otherwise use the content.

You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Our Courses –

Course Modifications –

While we take pride in our courses, FCI reserves the right to cancel, interrupt, or reschedule any course or to modify any course content, assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.

You agree not to accept credit for completing a course unless you have earned a Verified Certificate (or other equivalent FCI credential) for that course. FCI, the course instructors, and the associated participating institutions have no obligation to have a course recognized by any accreditation organization.

User Content

Unless otherwise agreed, you retain all intellectual property rights in, and are responsible for, the User Content you share.

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, FCI does not waive any rights to use similar or related Feedback previously known to FCI, developed by its employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, FCI 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
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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. FCI 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. FCI disclaims any responsibility or liability related to your access or use of such third party content.

Copyright and Trademark Policy

FCI respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the FCI Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.

Paid Services

FCI offers paid Services (e.g., Verified Certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees 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 FCI 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 Refund Policy.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, FCI may terminate your use of any Service for any reason. None of FCI, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents 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.

Indemnification

You agree to indemnify, defend, and hold harmless the FCI Parties from any and all claims, liabilities, expenses, and damages, 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.

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Acceptable Use Policy

FCI’s mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our learners as well as academic freedom for our partner instructors. We also want to make sure that all of our learners and instructors feel safe and comfortable while using our Services. We have drafted these guidelines to ensure that people understand and follow the rules when participating in using our Services.

Although we do not routinely screen or monitor content provided by users, we may remove or edit inappropriate content or activity reported to us or suspend, disable, or terminate a user’s access to all or part of the Services.

You are prohibited from using our Services to share content that:

Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that learners who are as young as 13 use FCI, and we do not allow content that is inappropriate for these younger learners.
Contains credible threats or organizes acts of realworld violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise violates the FCI Terms of Use. Please note that specific courses may have additional rules and requirements.

You also aren’t allowed to:

Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
Share your password, let anyone access your account, or do anything that might put your account at risk.
Attempt to access any other user’s account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
Access, tamper with, or use nonpublic areas of our systems, unless specifically authorized to do so.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mailbombing.
Use our Services to distribute malware.
Impersonate or misrepresent your affiliation with any person or entity.
Encourage or help anyone do any of the things on this list.

FCI Refund Policy

If you are found to be in violation of FCI’s Honor Code or otherwise violate the Terms of Use, you will not be issued a refund or voucher. For more information about our refund process, including instructions for requesting a refund, please contact us.

Except as explicitly agreed in writing, FCI has no obligation to provide refunds or vouchers for any other Services.

Effective as of July 3, 2015

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE FCI PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE FCI 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.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FCI 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 FCI 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 FCI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY FCI 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 THE FCI PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO FCI’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

Information Not Legal Advice

The information on this website is not legal advice. The materials on this website are for information and educational purposes only and do not constitute legal advice. Legal advise is dependent upon the specific circumstances of each situation. Contact a private attorney if you need to speak to an attorney regarding your particular situation.

This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advise is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state, so that some information in this website may not be correct for your jurisdiction. Finally, the information contained in this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your state.

Disclaimer of Warranty

The materials, information and forms available on this website are provided without any warranties, express, implied or statutory. Any and all implied warranties of merchantability or fitness for a particular purpose are hereby disclaimed.

This website contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such site, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyright symbol that may be reflected in the links.

E-mail

Viewing this website, or transmitting an E-mail message through this website, does not create an attorney-client relationship. Sending E-mail does NOT create an attorney-client relationship between you and the FCI or any of its partners or representatives.


Intellectual Property Policy

Copyright and Trademark Policy of the Foreign Counsel Institute (“FCI”)

FCI respects the intellectual property rights of our partners, participants, instructors, and other third parties.

Because of that, please contact us first if you have any doubts about any use of your work.

Most of FCI´s content is for nonprofit educational purposes. Some third-party material is used in relatively small amounts for this purpose, in a transformative manner by synthesizing content for critical comment in order to stimulate thinking and awareness for the professional growth of non-U.S. lawyers, advancing their knowledge of the U.S. legal profession without adversely affecting the market value of any third-party work referred to (in fact, often creating awareness of and interest in such work).

While it is clear that copyright does not extend to any ideas, systems, or factual information conveyed in a work, the IP rights available in the FCI context is not always be clear or easily determined by us.

So if you believe that materials on the FCI site or services infringe your copyright or that we have failed to properly explain the material or properly acknowledge the source of the material,

Contact us via email at legal@instfc.org

After contacting us with your concern, if such content remains on FCI site or service and if you continue to believe in good faith that materials or services used by FCI infringe your copyright, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. The DCMA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

The notice must include the following information:

– the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
– identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow FCI to locate the material on the Services;
– the name, address, telephone number, and email address (if available) of the complaining party;
– a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
– a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can be sent via email to legal@instfc.org (without the spaces before

If you are concerned that someone may be using your trademark or copyright in an infringing manner on our services, please email us at legal@instfc.org, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

Privacy Policy of the Foreign Counsel Institute (“FCI”)

In order to access certain features and benefits on our Site, you may need to submit “Personally Identifiable Information” (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name and email address, among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to FCI. Inaccurate information may affect your ability to use the Site, the information you receive when using the Site, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you.

What You Consent to by Using Our Site

Please understand that by submitting any Personally Identifiable Information to us, you consent and agree that we may collect, use and disclose such Personally Identifiable Information in accordance with this Privacy Policy and our Terms of Use, and as permitted or required by law. If you do not agree with these terms, then please do not provide any Personally Identifiable Information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personally Identifiable Information, we may not be able to provide you with the services that can be offered on our Site.

What Information We Collect

We gather two types of information about users through the Site:

Non-Personal Information (information that cannot be used to identify you): Non-Personal Information includes information such as the web pages viewed. We use Non-Personal Information to build higher quality, more useful services by measuring demographics and interests regarding specific areas of our Site. When users come to our Site, we may track, collect and aggregate Non-Personal Information indicating, among other things, which pages of our Site were visited. We may also collect information from the URLs from which you linked to our Site. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Site. Although such information is not Personally Identifiable Information, we may be able to determine from an IP address a user’s geographic location point of connectivity.

We do not use cookies and/or web beacons.

Personally Identifiable Information: FCI will not disclose any Personally Identifiable Information we gather from you on the Site. We request only minimal Personally Identifiable Information. We do not share your information with anyone, including participating partners, instructors or third-parties.

It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted.

We collect minimal Personally Identifiable Information that you provide to us when you register for an account, update or change information for your account, purchase products or services, complete a survey, sign-up for email updates or Online Courses, participate in our public forums, send us email messages, and/or participate in Online Courses or other services on our Site. We may use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific course and/or services you select, send you updates about Online Courses offered by FCI or other FCI events, and send you email messages about Site maintenance or updates.

Account Registration. If you register for an account on our Site, you may be required to provide us with Personally Identifiable Information such as your name and email address

Updates. FCI may offer you the ability to receive updates either via email or by posting on portions of the Site only accessible to registered users. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.

Forums. FCI may offer public forums from time to time (the “Forums”) where you can share comments and thoughts. In order to participate in the Forums, you may be required to register with us and/or provide us with Personally Identifiable Information such as your name and email address. Personally Identifiable Information shall not include any information posted or sent by or to you via any public Forum. Please keep in mind that information you post or make available in Forums will be publicly available. Accordingly, you should be careful when posting any personal or sensitive information. Please also reference our Terms of Use for our Rules for Online Conduct and additional information about proper use of our Forums.

Participation in Online Courses. FCI offers users the opportunity to participate in an Online Content on or through the Site. If you desire to participate, you will be asked to provide us with certain information necessary to conduct such a course. This information may include, among other things, your name and email address.

If you participate in an online course, we may collect from you certain student-generated content, such as assignments you submit to instructors, and feedback. We also collect course data, such as student responses to in-video quizzes, standalone quizzes, exams and surveys.

Communications with FCI. We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.

Third Party Sites. We may receive Personally Identifiable Information when you access or log-in to a third party site, e.g., Facebook, from our Sites. This may include the text and/or images of your Personally Identifiable Information available from the third party site.

Partner sites providing related tools and services to FCI users may collect nonfinancial individual level user data regarding the individual’s use of that partner site while engaged with such Online Course related activities. FCI does not receive, collect or request such information.

Third Party Credit Card Processing. FCI may provide you with the ability to pay for Online Courses and other services using a credit card through a third party payment processing service provider. Please note that our service provider – not FCI – collects and processes your credit card information.

How We Use the Information

Non-Personal Information. We use Non-Personal Information to build higher quality, more useful services by measuring demographics and interests regarding specific areas of our Site.

Personally Identifiable Information. FCI will not disclose any Personally Identifiable Information we gather from you on the Site.

Updates. We use Personally Identifiable Information collected when you sign-up for our various email or update services to send you the messages in connection with the Site or any Online Content. We may also archive this information and/or use it for future communications with you.

Participation in Online Courses. We use the Personally Identifiable Information that we collect from you when you participate in an Online Course through the Site for processing purposes, including but not limited to tracking attendance, progress and completion of an Online Course. Also, we may archive this information and/or use it for future communications with you.

Communications with FCI. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you.

Government Authorities, Legal Rights and Actions. FCI may share your Personally Identifiable Information with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your Personally Identifiable Information when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of FCI, the Site, our users, customers, or others; and in connection with our Terms of Use and other agreements.

For your convenience we may provide links to sites operated by organizations other than FCI (“Third Party Sites”) that we believe may be of interest to you. We do not disclose your Personally Identifiable Information to these Third Party Sites without obtaining your consent. We do not endorse and are not responsible for the privacy practices of these Third Party Sites. If you choose to click on a link to one of these Third Party Sites, you should review the privacy policy posted on the other site to understand how that Third Party Site collects and uses your Personally Identifiable Information.

Confidentiality & Security of Personally Identifiable Information

We consider the confidentiality and security of your information to be of the utmost importance. We will use industry standard physical, technical and administrative security measures to keep your Personally Identifiable Information confidential and secure and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless we have good faith belief that such disclosure is necessary in special cases, such as a physical threat to you or others.

The Internet is not a 100% secure environment so we cannot guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site are not encrypted.

If you have any privacy-related questions, unresolved problems, or complaints you may contact us via legal@instfc.org We try to answer every email promptly, but may not always be able to do so.

Effective as of 3 July, 2015.

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