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TERMS OF USE
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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.
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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.
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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.
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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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