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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. |
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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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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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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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