TERMS OF USE

These terms and conditions of use apply exclusively to your access to and use of this web site and do not alter in any way the terms and conditions of any other agreement you may have with Vivid Learning Systems, Inc. ("Vivid") and the National Swimming Pool Foundation ("NSPF") for products, services, or otherwise. Vivid and NSPF reserve the right to update these terms and conditions of use at any time without notice. Vivid and NSPF may terminate or cancel your account at any time if you violate these terms and conditions. Your access and use of this web site provides your acknowledgment of and agreement to abide by these Terms and Conditions.

Copyright Notice

Copyright exists for all of the contents, site design, text, and graphics on this web site unless otherwise indicated. All rights are reserved. Site users shall not modify, transmit, license, create derivative works from, reproduce, download, disseminate, publish, "mirror" on another server, sell, or transfer, in any form or by any means, any materials contained in this web site.

Copyright Infringement

Respect for the intellectual property rights of others is a priority. If you believe there has been a use of your work in a way that constitutes copyright infringement, please contact Vivid or NSPF with the information required pursuant to Title 17, United States Code, Section 512 (c)(2).

Restricted Rights

Vivid and NSPF provide its products to government clients with Restricted Rights. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.

Hyperlinks

You are granted a limited, nonexclusive right to create a "hypertext" link to this web site provided that such link is to the entry page of this web site and does not portray Vivid, NSPF or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. Revocation of this limited right may occur at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Vivid or NSPF trademark, logo, or trade name or other proprietary information including the images found at the web site, the content of any text or the layout/design of any page, or any form contained on a page without the express written consent of Vivid and NSPF.

Links to 3rd Party Websites

A link may exist between this web site and other web sites on the World Wide Web or Internet that have no affiliation with Vivid and NSPF and/or are not under the control of Vivid and NSPF in any manner. If you use these links, you may leave this web site. Vivid and NSPF are not responsible for any of these sites, their products/services, or their content. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.

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 and NSPF or their parent companies 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 and NSPF will be in accordance with the web site Privacy Statement. Vivid and NSPF prohibit users of this web site from posting libelous comments, profanity, or other inappropriate material.

Warranty

To the fullest extent allowed by law, Vivid and NSPF hereby disclaim 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 and NSPF use reasonable efforts to provide accurate and current information as well as compliance with Federal, State, and local regulations, Vivid and NSPF do not warrant the accuracy or completeness of the course contents or full compliance with regulations. Further, Vivid and NSPF do 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, NSPF, and their parent companies 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, NSPF and their 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 and NSPF have been advised of the possibility of such damage. Notwithstanding the foregoing limitations, in no event will the total, cumulative liability of Vivid and NSPF for damages under this Agreement exceed the amount you tendered to Vivid and NSPF 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 and NSPF 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.