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These terms and conditions of use apply exclusively
to your access to and use of this web site and do not
alter in any way the terms and conditions of any other
agreement you may have with Vivid Learning Systems,
Inc. ("Vivid") for products, services, or
otherwise. Vivid reserves the right to update these
terms and conditions of use at any time without notice.
Vivid may terminate or cancel your account at any time
if you violate these terms and conditions. Your access
and use of this web site provides your acknowledgment
of and agreement to abide by these Terms and Conditions.
Copyright Notice
Copyright exists for all of the contents, site design,
text, and graphics on this web site unless otherwise
indicated. All rights are reserved. Site users shall
not modify, transmit, license, create derivative works
from, reproduce, download, disseminate, publish, "mirror" on
another server, sell, or transfer, in any form or by
any means, any materials contained in this web site.
Copyright Infringement
Respect for the intellectual property rights of others
is a priority. If you believe there has been a use
of your work in a way that constitutes copyright infringement,
please contact Vivid with the information required
pursuant to Title 17, United States Code, Section 512
(c)(2).
Restricted Rights
Vivid provides its products to government clients
with Restricted Rights. Use, duplication, or disclosure
by the U. S. Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at
48 CFR 52.227-19, as applicable.
Hyperlinks
You are granted a limited, nonexclusive right to create
a "hypertext" link to this web site provided
that such link is to the entry page of this web site
and does not portray Vivid or any of its other products
or services in a false, misleading, derogatory, or
otherwise defamatory manner. Revocation of this limited
right may occur at any time for any reason whatsoever.
You may not use, frame, or utilize framing techniques
to enclose any Vivid trademark, logo, or trade name
or other proprietary information including the images
found at the web site, the content of any text or the
layout/design of any page, or any form contained on
a page without the express written consent of Vivid.
Links to 3rd Party Web Sites
A link may exist between this web site and other web
sites on the World Wide Web or Internet that have no
affiliation with Vivid and/or are not under the control
of Vivid in any manner. If you use these links, you
may leave this web site. Vivid is not responsible for
any of these sites, their products/services, or their
content. If you decide to access any of the third party
sites linked to this site, you do so entirely at your
own risk.
Transmissions
Any material, information, or idea you transmit to or
post on this web site by any means will be treated as
non-confidential and nonproprietary and may be disseminated
or used by Vivid or its parent company or affiliates
for any purpose whatsoever, including, but not limited
to, developing, manufacturing, and marketing products.
Notwithstanding the foregoing, use of all personal data
provided to Vivid will be in accordance with the web
site Privacy Statement. Vivid prohibits users of this
web site from posting libelous comments, profanity, or
other inappropriate material.
Warranty
To the fullest extent allowed by law, Vivid hereby disclaims
all warranties, express, implied, and statutory, including
without limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement
of third party rights. Although Vivid uses reasonable
efforts to provide accurate and current information as
well as compliance with Federal, State, and local regulations,
Vivid does not warrant the accuracy or completeness of
the course contents or full compliance with regulations.
Further, Vivid does not warrant that access to the service
and the web site will be uninterrupted, error-free, or
without compromise or infiltration of security systems.
Limit of Liability
Vivid and its parent company and affiliates will not
be liable to you or any third party claiming through
you for any damages in connection with the use or inability
to use the service and the site or any content appearing
on the site. In no event will Vivid and its parent and
affiliate companies be liable to you or any third party
for any indirect, consequential, exemplary, punitive,
special, or incidental damages, including without limitation,
personal injury or death, loss of data, lost revenue,
lost profits, loss of use or other economic advantage,
change in applicable government regulations, regardless
of the form of the action and regardless of whether Vivid
has been advised of the possibility of such damage. Notwithstanding
the foregoing limitations, in no event will the total,
cumulative liability of Vivid for damages under this
Agreement exceed the amount you tendered to Vivid under
this Agreement.
General Provisions
Any controversy or claim arising out of or relating
to these Terms and Conditions or enforcement of these
Terms and Conditions will be governed by Washington law,
excluding its conflict and choice of law principles.
The exclusive jurisdiction and venue for any claims arising
out of or related to this Agreement will lie in the Superior
Court of Benton County in the State of Washington. The
failure, neglect, or delay of Vivid to enforce any right
or provision in these Terms and Conditions will not constitute
a waiver of such right or provision. In the event that
a court of competent jurisdiction finds any provision
of these Terms and Conditions to be unlawful, invalid,
or unenforceable to any extent, the remaining portions
will remain in full force and effect to the fullest extent
permitted by law. |
