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.