Terms of Use
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 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.
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).
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.
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.
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.
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.
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.
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.
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.
Vivid Learning Systems appreciates your business and is
dedicated to making your online training experience a success. Should you
encounter a problem, please contact Vivid Learning Systems Customer
Support and we will make every effort to rectify the issue. If you desire
to cancel your training or service agreement, Vivid Learning Systems is not
obligated to refund any portion of fees paid or to forgive any fees that
remain payable, but it may consider requests for a refund or forgiveness of
fees, as applicable, in its sole and absolute discretion.
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