Table of Contents
1. Acceptance of Terms
2. Your Obligations and Conduct
3. Confidentiality of Viadmin.com Information
4. Content Submitted to Viadmin.com
5. Delivery of Email
7. Notices, Modification and Termination of Services
8. Advertisements and Promotions
9. Content Provided Via Links
10. Intellectual Property Rights
11. Disclaimer of Warranties
12. Limitation of Liability
14. General Terms
15. Transfer, cancellation and refund policy
16. Harassment and Discrimination Policy
VIADMIN.COM Washington State Institute of Science and Technology LLC. AND ITS AFFILIATES (“VIADMIN.COM”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN VIADMIN.COM AND YOU, AND YOU ACCEPT THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1.2 This website (“Website”) includes without limitation:
(a) the viadmin.com, Training and practice lab environment, Online Store, Online Training Services, My Viadmin.com, and Online Service Center services, Adobe Connect, viadmin.com Education Portal and other on-line services accessible via the Website and third party vendors (collectively the “Services”);
(b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information (“Information”); and
(c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”). Viadmin.com controls and operates its websites from various locations and makes no representation that this Website is appropriate or available for use in all locations. Viadmin.com products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Website on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer’s behalf, and that Your employer agrees to indemnify You and Viadmin.com for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard Viadmin.com terms and conditions of sale in your jurisdiction govern purchases You make through the Website, unless You have in effect a separate valid written purchase or license agreement with Viadmin.com for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
2.1 In consideration of Your use of the Website, You agree to:
(a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the “Registration Data”);
(b) maintain the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any information You provide to Viadmin.com, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Viadmin.com or other users of the Website;
(b) includes unauthorized disclosure of personal information;
(c) violates or infringes anyone’s intellectual property rights; or
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Viadmin.com reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
2.3 You agree that You will not use the Website to:
(a) transmit spam, bulk or unsolicited communications;
(b) pretend to be Viadmin.com or someone else, or spoof Viadmin.com’s or someone else’s identity;
(c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services;
(d) misrepresent your affiliation with a person or entity;
(e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website;
(f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or
(g) collect or store personal data about other users unless specifically authorized by such users.
3.1 You may obtain direct access via the Website to certain confidential information of Viadmin.com and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Viadmin.com and its suppliers.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Viadmin.com’s written request, You must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence:
(a) You possessed prior to Your receipt from Viadmin.com, without an obligation to maintain its confidentiality;
(b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential;
(d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or
(e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Viadmin.com adequate to afford Viadmin.com the opportunity to object to the disclosure.
4.2 Viadmin.com does not routinely monitor Content, but Viadmin.com and its designees reserve the right to monitor, restrict access to, edit or remove any Content that is available via the Website.
Viadmin.com will attempt to deliver all of the e-mail that is addressed to Your e-mail address on Viadmin.com’s Services. However, the nature of e-mail is such that Viadmin.com cannot guarantee delivery of such e-mail.
You agree to indemnify and hold Viadmin.com and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
Viadmin.com may provide notice to You via email, regular mail, or posting notices or links to notices on the Website. Viadmin.com reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. Viadmin.com may also delete, or bar access to or use of, all related Information and files. Viadmin.com will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. Viadmin.com may amend these Terms at any time by posting the amended terms on this Website.
Viadmin.com runs advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Viadmin.com found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. Viadmin.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Viadmin.com advertisers on the Website.
9.1 You may find links to other Internet sites or resources on the Website. You acknowledge and agree that Viadmin.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Viadmin.com will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9.2 Reuters content on the Website is the intellectual property of Reuters Limited. Any copying, republication or redistribution of Reuters content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of Reuters. Data is provided for information purposes only, and is not intended for trading purposes. Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Reuters, the Reuters Dotted Logo and the Sphere Logo are registered trademarks of the Reuters group of companies around the world.
9.3. VM Ware content on the Website is the intellectual property of VM Ware. Any copying, republication or redistribution of VM Ware content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of VM Ware. Data is provided for information purposes only, and is not intended for trading purposes. VM Ware shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.
9.4 viadmin.com may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by viadmin.com and are maintained by third parties over which viadmin.com exercises no control. Accordingly, viadmin.com expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
10.1 Except as expressly authorized by Viadmin.com or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Viadmin.com discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
10.2 “Viadmin.com Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations Viadmin.com uses in connection with its products and services. You may not remove or alter any Viadmin.com Trademarks, or co-brand your own products or material with Viadmin.com Trademarks, without Viadmin.com’s prior written consent. You acknowledge Viadmin.com’s rights in Viadmin.com Trademarks and agree that any use of Viadmin.com Trademarks by You shall inure to Viadmin.com’s sole benefit. You agree not to incorporate any Viadmin.com Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
10.3 Viadmin.com is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on our Website, please contact us through our website http://www.viadmin.com/pages/contactus.html
10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Viadmin.com on this Website provided that:
(a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content;
(b) the use of such Content is solely for personal and non-commercial use;
(c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and
(d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section 10.4. Upon termination, You must immediately destroy any downloaded and/or printed Content.
Certain Copyright Issues
The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, remove, or disable access to material on the Web Site that it believes or is notified may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Company’s Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached by sending e-mail to: firstname.lastname@example.org.
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. VIADMIN.COM DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VIADMIN.COM MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
11.2 VIADMIN.COM MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12.1 DISCLAIMER. WHILE viadmin.com ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE viadmin.com Website ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. viadmin.com IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE viadmin.com Website. MOREOVER, viadmin.com MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE viadmin.com Website OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE viadmin.com Website AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE viadmin.com Website. viadmin.com MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE viadmin.com Website FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. viadmin.com ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE viadmin.com Website WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
12.2 TO THE FULL EXTENT PERMITTED BY LAW, VIADMIN.COM IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF VIADMIN.COM HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
(a) THE USE OF OR THE INABILITY TO USE THE WEBSITE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.3 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
12.4 You expressly absolve and release viadmin.com from any claim of harm resulting from a cause beyond viadmin.com’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL viadmin.com BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE viadmin.com Website, WITH THE DELAY OR INABILITY TO USE THE viadmin.com Website, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE viadmin.com Website, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF viadmin.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF viadmin.com FOR ANY REASON WHATSOEVER RELATED TO USE OF THE viadmin.com Website SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO viadmin.com IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
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14.1 The Terms constitute the entire agreement between You and Viadmin.com relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized Viadmin.com representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use Viadmin.com or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10 of the Terms will result in irreparable harm to Viadmin.com for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Viadmin.com will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Viadmin.com seeks such an injunction.
14.3 Washington State law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Website. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and Viadmin.com agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Seattle, Washington, U.S.A.
14.4 Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.
14.5 Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
14.6 The Website may contain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements may include statements regarding market expectations and opportunities, expectations about financials, research and development and strategies, statements concerning Viadmin.com’s roadmaps, market share growth, and product and service development and introduction, and our continuous evaluation of the competitiveness of our product and service offerings. These forward-looking statements are just predictions and involve risks and uncertainties. Actual results may differ materially from results discussed in the forward-looking statements. Factors that may cause such a difference include risks related to adverse changes in general economic conditions, failure to reduce costs, lack of success in technical advancements, the timely development, production and acceptance of new products and services, and Viadmin.com’s ability to compete in a highly competitive and rapidly changing marketplace. For a detailed listing of the potential factors affecting Viadmin.com’s business and these forward-looking statements, please refer to Viadmin.com’s periodic reports on Forms 10-Q and 10-K that are filed with the Securities and Exchange Commission.
14.7 Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
14.8 Informal Dispute Resolution
Before serving a demand for arbitration of a Claim, you agree to first notify viadmin.com of the Claim at Attn: Legal, 113-22495 Cherry St, Seattle, WA 98104-2205 or by email to email@example.com, and viadmin.com agrees to provide to you a notice at your email address on file (in each case, a “Notice”) and seek informal resolution of the Claim. Any Notice from you must include your name, pertinent account information, a brief description of the Claim, and your contact information, so that we may evaluate the Claim and attempt to informally resolve the Claim. Any Notice from viadmin.com must include pertinent account information, a brief description of the Claim, and viadmin.com’s contact information, so that you may evaluate the Claim and attempt to informally resolve the Claim. Both you and viadmin.com will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
14.9 THIRD-PARTY PRODUCTS/SERVICES. viadmin.com, in its sole discretion, may post the advertisements of third parties on the viadmin.com Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, viadmin.com’s members. viadmin.com makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the viadmin.com Website are solely between you and such third party. Accordingly, viadmin.com expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the viadmin.com Website, and you agree that viadmin.com shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the viadmin.com Website.
14.10 Mandatory Binding Arbitration and Class Action/Jury Trial Waiver (Does Not Apply to Users Located Outside the United States and Its Territories)
This Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) applies to all Users except Users located outside of the United States and its territories.
In the unlikely event the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you, viadmin, and our Affiliates agree to resolve the Claim by binding arbitration before an arbitrator from JAMS. JAMS may be contacted at www.jamsadr.com.
A. Scope of Arbitration Agreement and Conduct of Arbitration
Arbitration as provided in this Mandatory Binding Arbitration and Class Action/Jury Trial Waiver provision (“Arbitration Provision”) is governed by the United States Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). This Arbitration Provision applies to any Claim the parties may have and survives after your relationship with viadmin ends. This Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral arbitrator.
Except as otherwise provided herein, arbitration will be conducted in City of Seattle, Washington in accordance with the JAMS Comprehensive Arbitration Rules and Procedures under the Optional Expedited Arbitration Procedures then in effect for JAMS. Notwithstanding the foregoing, any Claims by Freelancers that allege employment or worker classification claims will be conducted within 25 miles of where the Freelancer is located in accordance with the JAMS Employment Arbitration Rules and Procedures then in effect. The JAMS arbitration rules may be found at www.jamsadr.com or by searching online for “JAMS Comprehensive Arbitration Rules and Procedures” or “JAMS Employment Arbitration Rules.” The parties agree that any party will have the right to appear at the arbitration by telephone and/or video rather than in person. You and viadmin.com will follow the applicable JAMS rules with respect to arbitration fees. In any arbitration under the JAMS Employment Arbitration Rules and Procedures, the Freelancer will pay JAMS arbitration fees only to the extent those fees are no greater than the filing or initial appearance fees applicable to court actions in the jurisdiction where the arbitration will be conducted. The arbitrator must follow applicable law and may award only those remedies that would have applied had the matter been heard in court. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
This Arbitration Provision does not apply to litigation between the Company and you to which you are a party that is or was already pending in a state or federal court before the expiration of your opt-out period. This Arbitration Provision also does not apply to claims for workers compensation, state disability insurance or unemployment insurance benefits. Either you or viadmin may apply to a court of competent jurisdiction for provisional injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such relief; the arbitrator will render the final judgment in the matter.
Regardless of any other terms of this Arbitration Provision, a claim may be brought by or to, and remedies awarded by, an administrative agency if applicable law permits the agency to adjudicate, investigate or prosecute the claim notwithstanding the existence of this agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor, or the National Labor Relations Board. Nothing in this Arbitration Provision will be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration, if any.
B. Interpretation and Enforcement of this Arbitration Provision
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. For the avoidance of doubt, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Agreement is void or voidable.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver in subsection C, below, of this Arbitration Provision is deemed to be unenforceable, you and viadmin agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
C. Class Action and Jury Trial Waiver
This arbitration provision affects your ability to participate in class, collective or representative actions. Both you and viadmin agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding (“Class Action Waiver”). The Class Action Waiver does not prevent you from bringing a Claim in arbitration as a private attorney general solely on your own behalf and not on behalf of others. Notwithstanding any other portion of this Arbitration Provision or the JAMS Rules, the arbitrator will have authority to hear any Claim on a class, collective, or representative basis if, only if, and only to the extent that, the arbitrator determines that the waiver of such class, collective, or representative Claim is unenforceable. You and viadmin agree that you will not be retaliated against, disciplined or threatened with discipline as a result of exercising any rights under Section 7 of the National Labor Relations Act by filing or participating in a class, collective or representative action in any forum. However, viadmin may lawfully seek enforcement of this arbitration provision and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class, collective or representative actions or claims.
D. Right to Opt Out of Arbitration and Class Action/Jury Trial Waiver.
You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying viadmin in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to viadmin at Attn: Legal, 113-22495 Cherry St, Seattle, WA 98104-2205 that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions. Alternatively or in addition, you may send this written notification to firstname.lastname@example.org.
15. TRANSFER, CANCELLATION AND REFUND POLICY
FOR ANY COURSE TWENTY (20) HOURS OR LESS:
- Requests for any transfer, withdrawal or refund must be received two (2) full business days before the course start date and a service fee of $20.00 will be charged.
- Refunds are not available if a cancellation request is received less than two (2) full business days before the course start date. Instead, a $20.00 service fee will be charged and a class transfer credit valid for six (6) months from the original course start date will be granted.
- Refunds are not available to students who have already transferred.
FOR ANY COURSE MORE THAN TWENTY (20) HOURS:
- Requests for any transfer, withdrawal or refund must be received five (5) full business days before the course start date and a service fee of $75.00 will be charged.
- Refunds are not available if a cancellation request is received less than five (5) full business days before the course start date. Instead a $75.00 service fee will be charged and a class transfer credit valid for six (6) months from the original course start date will be granted.
- Refunds are not available to students who have already transferred.
16. viadmin.com Harassment and Discrimination Policy
viadmin.com prides itself in providing a respectful educational and work environment. Therefore, violence, foul language, and abusive behavior by employees, students, contractors, volunteers, and visitors will not be tolerated and may result in disciplinary action, immediate removal from the premises, online classes and/or prosecution.
Classroom Code of Conduct
Students are expected to:
• Conduct themselves in the classroom as they would in the workplace
• Arrive to class on time and prepared to work in close contact with fellow students.
• Treat fellow students, instructors, and staff with courtesy and respect at all times.
• Refrain from any improper activity or behaviour that might create or constitute a hazard to themselves or others.
• Refrain from any activity or behaviour that may be considered discriminatory or harassing.
• Refrain from making any comments/jokes of a sexual, religious, political, discriminatory, or racial nature.
Any improper activity, behaviour, or harassment should be reported immediately to the Instructor or email@example.com and might be the cause for immediate student dismissal.
YOU ACCEPT AND AGREE TO abide by all of the policies stated above.
November 2, 2015