PLEASE READ CAREFULLY: BY ACCEPTING THESE TERMS, YOU AGREE TO COMPLY WITH THIS CERTIFICATION AGREEMENT (THE “AGREEMENT”) AND BE BOUND BY THE TERMS.
IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT ASSENT AND YOU WILL NOT BE AUTHORIZED TO TAKE THE EXAM.
THESE TERMS AND CONDITIONS ARE BINDING BETWEEN YOU AND LUMU TECHNOLOGIES INC. (“LUMU”) AS OF THE DATE THAT YOU CLICK “ACCEPT”.
- 1.1 “Certification” means the certifications offered by LUMU to individuals who have received a passing score on the applicable Exam (as this term is defined below).
- 1.2. “Exam” means the examination and any exam-related materials in any form or by any means including, without limitation, questions, answers, worksheets, exam requirements, drawings, or any other exam-related communications.
- 1.3. “Online Courses” means the material and information provided by LUMU Academy.
- 1.4. “LUMU Academy” means the plan of microlearning offered by LUMU through the platform academy.lumu.io.
The Online Courses and the Exam are the confidential and proprietary information of LUMU. LUMU owns and retains all right, title and interest (including all intellectual property rights) in and to the Online Courses and the Exam. You will not, and are expressly prohibited from disclosing, selling, publishing, exchanging, discussing, reproducing, or transmitting the information provided in the Online Courses and/or the Exam. You acknowledge that a breach of this section shall cause LUMU irreparable injury and harm.
Therefore, you agree that LUMU may stop such breaches through injunctive proceedings in addition to any other rights and remedies which may be available to the injured party at law or in equity without the posting of a bond.
- 3.1. Code of Conduct. You acknowledge and agree to comply with the following: a. You will not cheat, attempt to cheat on the examination or in connection with the Certification which includes, without limitation, seeking or obtaining unauthorized access to the Exam. b. You (and only you) will take the examination, and you will not request or accept any assistance from anyone else during an examination. c. You will not copy or remove the Exam from the examination site. d. You will not alter, reverse engineer, decompile, publicly display, upload, post, download, translate, create derivative works or otherwise copy or modify the Exam. e. You will follow the instructions, policies and procedures of the exam administrator and/or examination site.
- 3.2. Violations. Any violation of the terms of this Agreement, including section 3, may result in the revocation of your Certification and the ability to take other examinations in the future.
This Agreement shall remain in effect until terminated as set forth below. Either you or LUMU may terminate this Agreement at any time, with or without cause, upon at least thirty (30) days prior written notice. LUMU may terminate this Agreement immediately if you breach this Agreement. Your obligations under this Agreement shall survive the termination of this Agreement regardless of the basis for termination (for cause or convenience).
Any personal information collected by LUMU will be processed pursuant to LUMU’s privacy notice. Please refer to LUMU’s privacy notice located at
https://lumu.io/legals/.
- 6.1. Waiver & Severability. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of any other provision or any subsequent breach. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, the provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
- 6.2. Governing Law. This Agreement, and the rights and duties of the parties arising from this Agreement, shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, excluding its conflicts-of-law principles. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be state and federal courts in Miami, Florida, and the parties agree to service of process in accordance with the rules of such courts. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply.
- 6.3. Disclaimers. LUMU offers the Certifications for free. The Certifications provided are for internal use only, and shall not replace any formal or non-formal education. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT LUMU WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE LUMU ACADEMY SITE, OR YOUR PLACEMENT OF CONTENT ON THE LUMU ACADEMY SITE (if any), OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE LUMU ACADEMY SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUMU WILL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT LUMU HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA).
THE LUMU ACADEMY SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE LUMU ACADEMY SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
LUMU DO NOT WARRANT THAT THE LUMU ACADEMY SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE LUMU ACADEMY SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. LUMU AND LUMU ACADEMY ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE LUMU ACADEMY SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE.
USE OF THE LUMU ACADEMY SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE LUMU ACADEMY SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE LUMU ACADEMY SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE PRIVACY POLICY. - 6.4. Trademarks. The "LUMU" names, logos and seals are trademarks ("Trademarks") property of LUMU. You may not use any of these Trademarks, or any variations thereof, without LUMU's prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in LUMU’s sole judgment, gives the appearance or impression of a relationship with or endorsement by LUMU. Nothing contained on the LUMU Academy Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the LUMU Academy Site without the written permission of LUMU.
LUMU reserves the right to modify this Agreement at any time without advance notice. Any changes to this Agreement will be effective immediately upon posting on the LUMU Academy web page, with an updated effective date. By accessing the LUMU Academy site after any changes have been made, you signify your agreement on a prospective basis to the modified Agreement and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
