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.
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