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
Links to 3rd Party Websites
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.
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.
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.