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Terms and Conditions
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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