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Website User Agreement
Please read this User Agreement and
Terms of Use.
Additional terms and conditions of
use applicable to specific areas of
the Site may also be posted on the
Site at any time. This agreement,
together with any such additional
terms and conditions, are referred
to as this "Agreement." By accessing
and using this Site, you agree to be
bound by this Agreement.
Illume Training, LLC reserves the
right, in its discretion, to change
or modify all or any part of this
Agreement at any time, effective
immediately upon notice published on
the Site. You agree to review the
Agreement periodically to be aware
of such changes and your continued
access or use of the Site and the
service after any changes are posted
will be considered acceptance of
those changes.
Illume Training, LLC may, in its
sole discretion and at any time,
terminate or suspend your use of or
access to the Site. Our Copyright
Policy is incorporated by reference
herein. You are not authorized to
use this Site in any jurisdiction
where the terms of this Agreement
are not enforceable.
Use of the Site.
Any services provided by Illume
Training, LLC are subject to a
separate agreement between you and
Illume Training, LLC. The Site
includes information, software,
text, photographs, graphics, links
and other material that are
protected by copyright, trademark or
other proprietary rights of Illume
Training, LLC, or third parties.
Illume Training, LLC grants you a
limited nonexclusive license to use
the information on the Site for your
internal use. You may download
information on the Site to a
computer or print a hard copy for
personal reference. Otherwise, you
may not copy, store in electronic
form, modify, print, transmit,
transfer or sell, create derivative
works from, distribute, perform,
display, frame in another web page,
reproduce or in any way exploit the
Site or any of the information
contained on the Site, in whole or
in part, without obtaining
permission of the copyright owner,
except as expressly permitted in
this Agreement or permitted under
copyright law.
Exchange of Information.
In connection with using the Site,
you may provide or receive
information by email. Although email
is generally reliable, email can be
transmitted improperly or wrongfully
intercepted. Illume Training, LLC
does not warrant or guarantee that
the transmission of email messages
will be uninterrupted or transmitted
without error.
Termination of Access to the Site.
Illume Training, LLC reserves the
right, in its sole discretion, to
restrict, suspend or terminate
access to all or any part of the
Site at any time for any reason
without prior notice or liability.
Illume Training, LLC may change,
suspend or discontinue all or any
aspect of the Site at any time,
including the availability of any
feature, database, information or
content without prior notice or
liability. In the event of
termination, you are no longer
authorized to access the Site and
the restrictions imposed on you with
respect to material downloaded from
the Site, the disclaimers and
limitations of liability set forth
in this Agreement shall survive.
Links to Third-Party Sites.
The Site may contain links to sites
on the Internet that are owned and
operated by third parties. You
acknowledge that Illume Training,
LLC is not responsible for the
availability of, or the content
located on or through, any
third-party sites. You should
contact the site administrator or
webmaster for those sites if you
have any concerns regarding such
links or the content located on such
sites.
Disclaimer of Warranties and
Liability.
Although Illume Training, LLC uses
reasonable efforts to maintain the
Site, the Site service is provided
to you free of charge, "as is, as
available." Please read this
disclaimer carefully before using
the Site.
YOU AGREE THAT YOUR USE OF THIS SITE
AND THE SERVICE IS AT YOUR SOLE
RISK. BECAUSE OF THE NUMBER OF
POSSIBLE SOURCES OF INFORMATION
AVAILABLE THROUGH THE SITE, AND THE
INHERENT HAZARDS AND UNCERTAINTIES
OF ELECTRONIC DISTRIBUTION, THERE
MAY BE DELAYS, OMISSIONS,
INACCURACIES OR OTHER PROBLEMS WITH
SUCH INFORMATION. IF YOU RELY ON
THIS SERVICE OR ANY MATERIAL
AVAILABLE THROUGH THIS SERVICE, YOU
DO SO AT YOUR OWN RISK.
THE MATERIALS ON THIS SITE ARE
PROVIDED TO YOU "AS IS, AS
AVAILABLE" AND WITHOUT ANY
WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. SPECIFICALLY,
ILLUME TRAINING, LLC AND ITS
AFFILIATES, AGENTS AND LICENSORS
CANNOT AND DO NOT WARRANT THE
ACCURACY, COMPLETENESS, TIMELINESS,
NONINFRINGEMENT, MERCHATABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OF
THE INFORMATION AVAILABLE ON OR
THROUGH THE SITE. NOR DO THEY
GUARANTEE THAT THE SITE WILL BE
ERROR-FREE OR CONTINUOUSLY AVAILABLE
OR THAT THE SITE, INCLUDING BULLETIN
BOARDS OR THE SERVER THAT MAKES IT
AVAILABLE WILL BE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ILLUME
TRAINING, LLC DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF
THE MATERIALS ON THIS SITE OR IN
THIRD-PARTY SITES OR YOUR RELIANCE
THEREUPON IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY OR OTHERWISE. YOU, AND
NOT ILLUME TRAINING, LLC ASSUME THE
ENTIRE COST OF ALL NECESSARY
MAINTENANCE, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES SHALL ILLUME
TRAINING, LLC OR ITS AFFILIATES,
AGENTS OR LICENSORS BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY DAMAGES
(WHETHER DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHERWISE, OR WHETHER RESULTING
FROM TORT, CONTRACT OR OTHER
THEORIES OF LAW) INCLUDING, BUT NOT
LIMITED TO, ATTORNEYS' FEES AND LOST
PROFITS, IN CONNECTION WITH, OR IN
ANYWAY ARISING OUT OF: (1) THE USE
OR INABILITY TO USE THIS SITE, ITS
CONTENT, OR THE SERVICES; (2) ANY
GOODS OR SERVICES OBTAINED THROUGH
THIRD PARTIES REFERENCED OR MADE
AVAILABLE ON OR THROUGH THIS SITE;
(3) ANY ERRORS OR OMISSIONS IN THE
CONTENT OR INFORMATION ON THE SITE;
OR (4) ANY COMPUTER VIRUS OR OTHER
PROGRAMMING DEVICE, EVEN IF ILLUME
TRAINING, LLC IS ADVISED OF THE
POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THIS
SITE, OR THE TERMS, CONDITIONS OR
POLICIES GOVERNING THIS SITE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS SITE. THIS
LIMITATION ON DAMAGES IS ESSENTIAL
TO THE AGREEMENT BETWEEN YOU AND
ILLUME TRAINING, LLC AND THE SITE
WOULD NOT BE PROVIDED FREE OF CHARGE
WITHOUT SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, OR
CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SO PORTIONS OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF ILLUME
TRAINING, LLC, ITS AFFILIATES,
AGENTS AND LICENSORS SHALL BE
LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Indemnification.
You agree to defend, indemnify and
hold harmless Illume Training, LLC,
its parents, affiliates, licensees
and their respective directors,
officers, employees and agents for,
from and against all liabilities,
claims damages and expenses,
including attorneys' fees, arising
out of or in connection with your
use of the Site, or your violation
or alleged violation of the terms of
this Agreement. Any indemnified
party may participate, at its own
expense, in the defense of any
matter subject to indemnification by
you and you agree to cooperate with
such party in the defense of such
claim.
Dispute Resolution.
This Agreement shall be construed in
accordance with the laws of the
State of Arizona. The parties agree
that any disputes arising out of or
related in any way to this
Agreement, including the breach
thereof, shall be filed in the state
or federal courts in Maricopa
County, Arizona. The parties agree
that the laws of the State of
Arizona shall govern any such
dispute and they consent and agree
to the jurisdiction of the Arizona
courts. Neither party will argue or
contend that it is not subject to
the jurisdiction of the Arizona
courts or that venue in Maricopa
County, Arizona, is improper. The
parties agree to waive any right to
a trial by jury in any such dispute
and that the matter will be tried
solely to the court. The parties
understand that they are giving up
valuable legal rights under this
provision, including the right to
trial by jury, and that they
voluntarily and knowingly waive
those rights.
Other.
This Agreement constitutes the
entire agreement between the parties
with respect to the Site and the
service, and supersedes all previous
written or oral agreements between
the parties with respect to such
subject matter. If any inconsistency
exists between the terms of this
agreement and any additional terms
and conditions posted on the Site,
such terms shall be interpreted as
to eliminate any inconsistency, if
possible, and otherwise, the
additional terms and conditions
shall control. The provisions of
this Agreement will be deemed
severable and the invalidity or
unenforceability of any provision
will not affect the validity or
enforceability of the other
provision hereof. Any provision
determined to be invalid or
unenforceable will be modified, to
the extent possible, to be valid and
enforceable so as to retain the
intent of the parties.
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