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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.
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