Terms and Conditions of Use

1. Introduction

1.1 These Terms and Conditions of Use (collectively, the "Agreement") govern your use of LearningView.net, the Internet subscription service of eXtreme Technologies (the "Service"). The Service consists of computing and information services and software, information, interactive forums and other content chosen by eXtreme Technologies ("eXtreme Technologies"). In addition, third parties provide information, software and other content, licensed by eXtreme Technologies, which may be accessed over the Service.

1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Acceptance is also indicated by using the Service, enrolling in a class, workshop or lab, downloading a tutorial, or by purchasing any of our physical products. eXtreme Technologies reserves the right, in its discretion, to change or modify all or any part of this Agreement, at any time. Such changes or modifications shall be effective immediately upon publication on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions including any changes or modifications made by eXtreme Technologies as permitted above.

eXtreme Technologies reserves all rights to terminate Service for any reason including but not limited to inappropriate use and content displayed anywhere in this web site, violation of eXtreme Technologies or any third parties trademarks, or infecting the Service with a virus.

If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service. eXtreme Technologies is not obligated to refund any portion of fees paid or which remain payable, but it may consider requests for refund in its sole and absolute discretion.

This Agreement is the entire agreement relating to its subject matter between you and eXtreme Technologies and it supersedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.

2. Grant of License:

eXtreme Technologies grants you the right, with a standard web browsing program not supplied by eXtreme Technologies (a "Browser") to use, pursuant to a revocable, non-exclusive, non-transferable license, the Service that contains information, software, photographs, audio and video clips, graphics and other material (collectively, the "Content") for your own individual (non-commercial) use on one personal computer or other device capable of displaying the Content at a time. You may not share your access nor distribute any Content from the Service to others without the prior written permission of eXtreme Technologies.

This contract relates only to the use of the Service and is not a contract for the sale or delivery of any form of computer training.

3. Use of Service Content:

3.1 You acknowledge that the Service contains Content that is protected by copyright, trademark or other proprietary rights of eXtreme Technologies, its affiliates, or third parties and licensors. All Content on the Service is copyrighted as a collective work of eXtreme Technologies pursuant to applicable copyright law or has been licensed by eXtreme Technologies. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service.

3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.

3.3 You may not upload any material what so ever to the Service. Uploading includes the attachment of files containing pictures or words, the publication of website addresses, linking, framing, meta-tagging and all other forms of electronic piracy and interference with eXtreme Technologies or any third parties or individuals. Content that is provided by you (courses, learning materials, etc.) can be posted in the Service, for public access, provided that you express in writing that you own or have the rights to publish such materials.

3.4 You may download from the Service any Content in the public domain (content that is not protected by copyright or other law) for your own individual use or for noncommercial redistribution. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices that may be posted on such Content.

4. Service Rules of Conduct:

You may use the Service for lawful purposes only. You may not post to, upload to, or distribute or otherwise publish through the Service, any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to eXtreme Technologies in its sole and absolute discretion, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) constitutes unsolicited bulk e-mail, junk mail, spam or chain letters, or (e) otherwise violates any applicable laws or regulations. You may not use the Service for any commercial purpose and may not distribute over the Service any advertising or solicitation of funds or goods and services. In addition, you may not use the Service to solicit subscribers to join other online information services that are competitive with the Service.

5. Managing Content:

eXtreme Technologies does not and cannot review generally the content posted by subscribers of the Service ("Subscribers' Content") and is not responsible for such Subscribers' Content. However, eXtreme Technologies reserves the right to cancel your access to these areas and/or delete, move, or edit any Subscribers' Content (including messages posted in any forum) that it may determine, in its sole discretion, violates this Agreement or any right, law or regulation. You shall remain solely responsible for all Subscribers' Content posted by you or by any other person using your account. eXtreme Technologies shall have the right, but not the obligation, to correct any errors or omissions in any Subscribers' Content, as it may determine in its sole discretion.

6. No Endorsement:

6.1 eXtreme Technologies does not represent or endorse the accuracy or reliability of any Subscribers' Content displayed, or posted on any message board, or otherwise distributed through the Service by any subscriber, information provider or any other third party. eXtreme Technologies expressly disclaims any liability related to Subscribers' Content, and you acknowledge that any reliance upon such Subscriber Content shall be at your sole risk.

6.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that eXtreme Technologies is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster of those External Sites if you have any concerns regarding such links or External Sites.

7. Subscriber Qualifications:

7.1 As part of the registration process, you will either be given an access key or a user id and password. If you are given an access key, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide eXtreme Technologies with any updates to that information promptly after such changes occur.

7.2 Individual subscriptions to the Service are available only to persons who are at least 18 years of age. Minors may receive access keys or user id/passwords only as part of an authorized campus subscription. Your right to use the Service is personal to you and cannot be transferred to any other person.

7.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.

7.4 You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

8. Subscriber Information:

Unless you elect otherwise by making the appropriate selection on the eXtreme Technologies personal information page, eXtreme Technologies shall have the right to disclose certain limited information about you including, but not limited to, your name, e-mail and mailing address, to affiliates, partners and third party vendors for the purpose of providing you with information and access to products and services that we believe may be of interest to you. eXtreme Technologies shall also have the right to disclose aggregate information about subscriber usage and demographics in a manner that does not reveal the personal identity of any individual subscriber. eXtreme Technologies shall have the right to send you electronic mail to inform you of changes or additions to the Service, or of any products and services of eXtreme Technologies. For additional information, see our Privacy Policy.

9. Service and System Availability:

eXtreme Technologies uses reasonable efforts to maximize system availability. Should technical difficulties occur with the Service, eXtreme Technologies shall make a reasonable effort to correct the problem and is not responsible for any down time. eXtreme Technologies is not responsible for any technical difficulties resulting from the World Wide Web, internet access, computer hardware or software.

10. Indemnity:

You hereby agree to indemnify, defend and hold eXtreme Technologies, and all of its officers, directors, employees, owners, agents, information providers, affiliates, licensors and approved vendors (collectively, the "eXtreme Technologies Representatives") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by eXtreme Technologies or any eXtreme Technologies Representative in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. eXtreme Technologies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with eXtreme Technologies' defense of such claim.

11. Termination of Service:

11.1 eXtreme Technologies reserves the right, in its sole discretion, to restrict, suspend or terminate your license to use all or any part of the Service at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid to eXtreme Technologies or any member of its Network for any other product or service.

11.2 eXtreme Technologies may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

12. "AS IS": Disclaimer of Warranties; Limitation of Liability:

12.1 "AS IS AS AVAILABLE" THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF EXTREME TECHNOLOGIES, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER EXTREME TECHNOLOGIES NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES EXTREME TECHNOLOGIES, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.

12.2 NEITHER EXTREME TECHNOLOGIES, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF EXTREME TECHNOLOGIES, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. Third Party Rights:

The provisions of paragraphs 3, 4, 10, 12 and 15 are for the benefit of eXtreme Technologies, Third Party Content providers and their respective employees, agents and contractors; and each such party will have the right to enforce such provisions directly on its own behalf.

14. Privacy:

Please refer to our privacy policy for complete details.

15. Miscellaneous:

This Agreement shall be construed in accordance with the laws governed by U.S. federal law or the laws of the State of New Jersey, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Middlesex County, New Jersey. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. The provisions of sections 3, 4, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.