Terms of Use - Video Professor

Use Agreement

This Use Agreement, including the Software and Web Site(s) License (collectively, the "Use Agreement"), is a legal document that details the rights and obligations of your use of any web sites owned, operated, or authorized by Video Professor, Inc. ("Web Site(s)") and if applicable, your use of computer programs furnished to you online by Video Professor ("Software"). When you use the Web Site(s), the terms regarding use of the Web Site(s) apply to you and you accept these conditions. If you pay to access the Software, the terms regarding use of the Software apply to you, and we refer to you as "User" as well as "you". If you purchase Video Professor CDs or other Video Professor products offline or for offline use, please refer to the End User License Agreement included with the products for terms governing your use of such Video Professor products. Use of the Web Site(s) and the Software is licensed, not sold, to you by Video Professor or one of its licensed affiliates for use under the terms of this Use Agreement and Video Professor and its applicable licensors reserve any rights not expressly granted to you herein.

If you have any questions regarding this Use Agreement, the Web Site(s), or any of your rights and obligations related to your use of the Web Site(s) or use of the Software, you should contact our Customer Service Center by going to Customer Service in the Contact Us section of our Web Site or by calling 1-800-519-4110 for CD Lesson Customers or 1-800-424-0277 for US Video Professor Online or FreeComputerLearning.com Customers. If you live outside the United States, contact Customer Service by e-mailing freecomputerlearning.cs@digitalriver.com. You and Video Professor agree that the services covered by this Use Agreement are delivered by Video Professor or its authorized agents or contractors in Denver, Colorado, U.S.A.

If you are an authorized user accessing the Software and/or Web Site(s) via GSA or another governmental entity, the provisions herein regarding Charges and Billing, Changes to the Use Agreement, Privacy Policy, and Video Professor customer service phone numbers may not apply, and Video Professor's agreement with GSA or other governmental entity, together with such government's requirements, may contain rights and obligations specific to your access to the Software and/or the Web Site(s). You should consult your GSA or the appropriate governmental representative for further information.

If you are the parent of an elementary or secondary school student and your student's school or school district provides your student with access to the Software and/or the Web Site(s), you should consult your school's representative regarding your student's rights and obligations specific to your student's access to the Software and/or the Web Site(s).

Changes to Use Agreement and Training Lessons

To continue to provide you with world-class service and the highest quality computer-training lessons, Video Professor is continually updating its products and the Web Site(s). For these reasons, it may be necessary for Video Professor to update or revise certain provisions of the Use Agreement, its license agreements or its Privacy Policy. By your acceptance of this Use Agreement, or by your continued use of the Web Site(s) and if applicable, the Software, you agree that Video Professor may change the terms of this Use Agreement without prior notice to you, and that the terms of use of the then-current Use Agreement will govern your rights and obligations of your use of the Web Site(s) and the Software. You also agree that Video Professor may at any time revise, edit or delete training lessons in their entirety. If you do not agree to the terms in this Use Agreement as updated from time to time, your only remedy is to discontinue any further purchases and use of the Software.

Privacy Policy

The Video Professor Privacy Policy explains how Video Professor collects, uses, and discloses personal information in connection with your use of the Web Site(s) and your purchase of Video Professor products, as well as the choices Video Professor gives you about such uses and disclosures. By your acceptance of this Use Agreement, by your continued use of the Web Site(s), and if applicable, your continued use of the Video Professor products, you authorize the collection, use, and disclosure of personal information by Video Professor as provided for under Video Professor's then-current Privacy Policy. Since Video Professor's Privacy Policy may change, you should check the current Privacy Policy for the most current version. You expressly acknowledge and agree that Video Professor may contact you with information regarding Video Professor products and about additional products that Video Professor believes may be of interest to you.

The Video Professor Privacy Policy for governmental and school users differ in some respects so governmental and school users should review the Privacy Policy posted on the applicable Video Professor Web Site(s).

Links to Third Party Sites

Many of the Web Site(s) contain links that will let you leave the Web Site(s). The linked sites are not under the control of Video Professor, and you acknowledge that Video Professor is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Video Professor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Video Professor of the site.

Third Party Offers

From time to time, the Web Site(s) may make offers of Third Parties ("Third-Party Offers") available to you. Such Third-Party Offers are not under the control of Video Professor, and you acknowledge that Video Professor is not responsible for the fulfillment or any other aspect of such Third Party Offers.

Copyrights and Trademarks

All content included in the Software and on the Web Site(s) is the property of Video Professor or its third-party licensors and protected by U.S. and international copyright laws.

VIDEO PROFESSOR, TRY MY PRODUCT, COMPUCARDS, SOFTWARE SAVERS, VIDEO PROFESSOR ONLINE, FREECOMPUTERLEARNING.COM and other Video Professor logos are trademarks or registered trademarks of Video Professor, Inc. All other trademarks not owned by Video Professor that appear in the Software or on this site are the property of their respective owners.

Making unauthorized copies of any content may lead to the termination of your access to the Web Site(s) and Software and may subject you to further legal action. Similarly, third-party licensors may take criminal or civil action against you. In that event, you agree to hold harmless Video Professor and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.

Designated Agent for Digital Millennium Copyright Act Claims

General Counsel

Video Professor, Inc.

12055 W. 2nd Place

Lakewood, CO 80228

Facsimile No.: 303/202-9929

Email address: dmcanotice@videoprofessor.com

NOTE: No other notices or communications should be sent to this e-mail address, which is designated solely for the purpose of receiving notices of copyright claims under the DMCA.

Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Charges and Billing

CD Products. Video Professor offers a continuity service that allows users and purchasers of CD products to review Video Professor computer lessons CDs on a trial basis. In most cases, the shipping and processing charges are billed to your credit card immediately upon shipment of the product. At the end of any trial, pre-paid or other promotional period, we will bill your credit card for the purchase fees at the agreed upon price for the CDs purchased plus any applicable sales taxes. Thereafter, approximately every five (5) weeks, Video Professor will send you your next set of lessons for review subject to these same conditions. For your convenience, we will charge the purchase fee (plus any taxes), and the shipping and processing fee, to the credit card you provided to us during your initial purchase (or to a different credit card if you change your account information). This is called your "Review Plan". Your Review Plan will automatically renew for successive five (5) week periods, without prior notice to you, unless and until you cancel your Review Plan or we terminate it. We will continue to bill your credit card on a regular five (5) week basis for your Review Plan. If you are not satisfied with the fees or billing methods, you may cancel your Review Plan at any time by calling 1-800-519-4110. To avoid billing of the purchase price and shipping and processing fees, you must cancel your Review Plan before the next renewal cycle. Video Professor reserves the right to change our fees or billing methods at any time, but we will give you thirty (30) days advance notice of these changes by e-mail. If you have any questions about our fees or billing methods, or you want to update or change your credit card information, you may contact our Customer Service Center by going toCustomer Service in the Contact Us section of our web site, or by calling 1-800-424-0277. All purchasers must be eighteen (18) years of age or older. Your use of any CD Products is subject to the terms and conditions of Video Professor's End User License Agreement, which is included with the products and is available at www.videoprofessor.com/eula.html. You may also obtain a printed copy of the End User License Agreement by calling us at 1-800-392-6493.

Online Access. Video Professor may offer various opportunities to access our Software in the online format ("Online Access"). For example, Video Professor may offer you the opportunity to try the Software for a fixed period of time ("Trial"); to purchase the right to use the Software for a fixed period of time ("Direct Purchase"); or to enroll in a service that allows continuous viewing of certain Software provided access fees have been paid in advance ("Continuing Access Plan"). Unless you have made a Direct Purchase or you cancel prior to the end of any Trial or other promotional period, you will be automatically enrolled in the Continuing Online Access Plan and we will begin billing your credit card for fees at the current rate in effect for your access to and use of the Software plus any applicable sales taxes. For your convenience and in order to provide you with uninterrupted Online Access service, we will charge the access fees (plus any taxes) to the credit card you provide to us during registration (or to a different credit card if you change your account information). Thereafter, your Online Access, whether it is Trial or another promotional period, and provided it is not a Direct Purchase, will automatically renew for similar successive time periods, without prior notice to you, unless and until you cancel your Continuing Access Plan or we terminate it. You must cancel your Continuing Access Plan before it renews in order to avoid billing of additional access fees to your credit card. We will continue to bill your credit card on a monthly basis (or other periodic billing, depending upon the terms and time period of your Continuing Access Plan) for your access to and use of the Software until you cancel your Continuing Access Plan. If you are not satisfied with the fees or billing methods, you may cancel your Continuing Access Plan at any time, but Video Professor will not refund any remaining portion of the monthly (or other periodic) fee when you cancel. If you agreed to a free or paid Trial period for Online Access, you should understand that the applicable time period runs continuously from your initial registration regardless of your use of the Software, and to avoid being chargedfor fees associated with the Continuing Access Plan, you must cancel your account before the end of the Trial period. Video Professor reserves the right to change our fees or billing methods at any time, but we will give you thirty (30) days advance notice of these changes if your Continuing Access Plan fee(s) will be affected. In certain circumstances, termination charges may apply if you cancel prior to the end of a designated term, if, for example, you have obtained a bonus product. Video Professor also reserves the right to terminate your Online Access at any time and for any reason, including any violation of Export Control Laws as more fully set forth in the "Export Control Laws" section below. In the event Video Professor terminates your access, and if applicable, your Continuing Access Plan, the License will terminate immediately without notice from Video Professor and no portion of any Online Access fees will be refunded.

If you have any questions about our Online Access fees, canceling your Continuing Access Plan, or billing methods, or if you want to update or change your address, or e-mail address, you may contact our Customer Service Center by going to Customer Service in the Contact Us section of our Web Site(s), or by calling 1-800-424-0277 for US Video Professor Online or FreeComputerLearning.com Customers. If you live outside the United States, contact Customer Service by e-mailing freecomputerlearning.cs@digitalriver.com. You are responsible for any charges for premium content resulting from your Online Access and these charges apply even during a Trial period.

All fees are quoted in U.S. dollars unless stated otherwise. You are responsible for paying all fees and applicable taxes associated with the Software with a valid payment method. If your payment method fails, we may collect fees resulting from our collection procedures.

System Requirements

Video Professor CD-ROM Software has been tested and approved for use with Windows 95 or higher operating systems. In order to access and use Video Professor CD-ROMs, you are required to have a 300 megahertz or higher processor (166 MHz--266 MHz minimum supported; may limit performance). The type of processor must be in the Intel Pentium/Celeron family or in the AMD K6/Athlon family. Memory must be 128 MB of RAM or higher (64 MB minimum supported; may limit performance). Computer system should include the following: 4 megahertz SGVA video card; 16-bit color with a display of 800 x 600 pixels or better; sound card equivalent to a PCI Sound Blaster; 32x CD-ROM or higher (16x minimum supported; may limit performance). Program runs from CD-ROM; no hard drive space is required; some lessons have student files that will need to be saved to the end user's computer; space is determined by the size of the lesson files.

Video Professor Web Sites require that your browser have the Adobe Flash player version 9.0 or higher installed. These sites require Windows 98 or higher operating systems. They are not compatible with Windows NT or Me, or Mac OS. You must use Internet Explorer Version 5.5 or higher. Your browser must support cookies and have them enabled to use these sites. You must have JavaScript enabled in your browser. Video Professor Web Sites use pop-up windows. Make sure that you turn off any pop-up blockers that are running in your browser. Our "Stay-On-Top" feature is what makes learning with Video Professor Web Sites so easy. The lesson window plays on top of the program you're actually using, so you never lose your place. To activate this feature, you need to install the small plug-in provided.

Governing Law, Notices and Language

This Use Agreement is intended for your benefit and not the benefit of any third party. This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the state of Colorado, and any action brought by either party to enforce this Agreement shall be brought in the relevant state or federal court in Denver, Colorado. You hereby submit to the personal jurisdiction of such courts. The parties hereby expressly exclude applicability of the United Nations Convention on the International Sale of Goods. If for any reason a court of competent jurisdiction shall find any provision of this Agreement to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. You expressly acknowledge and agree that Video Professor may contact you with information regarding the Software and about products that Video Professor believes may be of interest to you. Video Professor will contact you via the information you provided when you ordered the Software or upon registration. If you change your contact information, you are responsible for notifying Video Professor of any such change so that Video Professor may contact you. Notice shall be deemed given 24 hours after e-mail is sent or three days after mailing to the address you provided during the registration process. If you send notice to Video Professor, you must use the following address: Legal Department, Video Professor, Inc., 12055 W. 2^nd Place, Lakewood, CO 80228-1526, Fax: 303-202-9929. You and Video Professor expressly agree that this contract is written in the English language only which language shall be controlling in all respects.

Video Professor makes no representation that information on the Web Site(s) is/are appropriate or available for use in all countries, and prohibits accessing materials from territories where its contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.

Export Control Laws

All Video Professor products, including Software and documentation, available on the Web Site(s) are subject to the export control laws and regulations of the United States. Video Professor's Software is currently prohibited for export or re-export to (or to a national or resident of) Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to relevant trade sanctions. In addition, Video Professor's Software is prohibited for export or re-export to any person or entity on the U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, as the same may be revised from time to time, or for use with chemical or biological weapons, sensitive nuclear end-users, or missiles. By downloading or using the Software from the Web Site(s), you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list.

Indemnity

You agree to defend, indemnify and hold harmless Video Professor and its employees, contractors, officers, and directors from all liabilities, claims and expenses, including attorneys' fees that arise from a breach of this Agreement for which you are responsible. Video Professor reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification obligation.

Electronic Delivery

By affirmatively ordering Video Professor products, you consent to receive all communications, including agreements, notices, legally required disclosures and other information relating to the Web Site(s), Video Professor products, or Software electronically from Video Professor. You agree that Video Professor may send you electronic notice by e-mail and/or by notice on the Web Site(s) or Software. You must have Internet access in order to access electronic communications, Adobe Acrobat Reader and a printer attached to your computer or network to print any notices. You can retrieve an electronic copy and a printable version of this Use Agreement at: click here to download.

You may withdraw your consent to receive notices electronically by contacting the Legal Department, Video Professor, Inc., 12055 W. 2nd Place, Lakewood, CO 80228-1526, Fax: 303-202-9929. However, if you choose to withdraw consent, Video Professor may terminate your Online Access or terminate your license to use the Video Professor products. All registrations, terms, and agreements will be completed electronically and for all legal purposes will be considered to be in writing and legally enforceable as a signed writing.

Software and Web Site(s) License

The Software and Web Site(s) are the proprietary and copyrighted work of Video Professor and/or its third-party licensors or contractors. Video Professor provides you with a limited license to use our Software and Web Site(s), which you agree to use in accordance with these rules ("License"). You may not sub-license, or charge others to use or access, our Software and Web Site(s) without first obtaining written permission from us. We will occasionally provide automatic upgrades to improve your experience on the Web Site(s) and with the Software. We reserve the right to log off accounts that are inactive for an extended period of time and we prohibit the use of tools that defeat Video Professor's automatic log-off feature. Upon registering for Online Access , Video Professor grants to you a limited, nonexclusive, nontransferable, license to use the Software in accordance with the terms of this limited license. All right, title and interest in and to the Software and the Web Site(s) is retained by Video Professor and its licensors, and this Agreement shall not be construed as transferring any rights of ownership or license to the Software or to any information therein except as expressly set forth in this Agreement.

Restrictions

You may not use the Software for benchmarking or performance testing. You may not reverse engineer, decompile, disassemble or otherwise reduce the Software to any human perceivable form. You may not modify, adapt, translate, rent, lease, loan or create derivative works based upon the Software or Web Site(s) or any parts thereof. You may not reproduce, transmit, edit, alter, modify, create derivative works of, rent, lease, loan, resell or distribute the Software or Web Site(s), in whole or in part. You may not copy, download or otherwise transfer the Software or content from the Web Site(s) to your computer or any other computer or storage device. You may not remove any proprietary markings of Video Professor or its licensors.

If you are accessing the Software on behalf of the United States Government, the Software is classified as "Commercial Computer Software," as that term is used in 48 CFR A§12.212 and 48 CFR A§227.7202, and the Government may only acquire Restricted Rights therein. Consistent with 48 CFR A§12.212 and 48 CFR A§227.7202-1 through A§227.7202-4, the Commercial Computer Software is being licensed to U.S. Government end users (i) only as a Commercial Item, as that term is defined at 48 CFR 2.101; and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. The Software Contractor/manufacturer is Video Professor, Inc. or its applicable licensors.

Only One User Per Account

Each Online Access User will be issued a unique user name and password. You are not permitted to share your unique user name and password with any other person or entity unless otherwise agreed to by Video Professor in writing. In addition to the termination rights below, Video Professor reserves the right to immediately terminate this License and your right to Online Access if you permit others to access or use the Software using your unique user name and password.

Limitations

You acknowledge that the Web Site(s) and the Software may contain bugs, omissions, typographical errors or other errors. Video Professor reserves the right to make improvements and changes to the Web Site(s) and the Software at any time without notice or liability to you; provided however that Video Professor is under no obligation to make such improvements or changes. You acknowledge and agree that Video Professor has no obligation to support or update the Web Site(s) or the Software and has no obligation to provide you with any support, maintenance, corrections, "bug fixes," updates, new versions or revisions thereto. You understand that Video Professor's introduction of various technologies may not be consistent across all platforms and that the performance of the Web Site(s) may vary depending on your Internet connection, your computer and other equipment.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

USER AGREES THAT THE WEB SITE(S) AND THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. VIDEO PROFESSOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEB SITE(S) OR THE SOFTWARE, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS THEREFOR, INCLUDING WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VIDEO PROFESSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE VIRUS OR ERROR FREE OR THAT DEFECTS, IF ANY, IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE USING THE WEB SITE(S) AND INSTALLING THE SOFTWARE AT YOUR OWN RISK. VIDEO PROFESSOR DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABLITY OF THE USE OR RESULTS OF THE USE OF THE WEB SITE(S) OR SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIDEO PROFESSOR OR A VIDEO PROFESSOR REPRESENTATIVE SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY OR THE LICENSE. BY ACCEPTING THE TERMS OF THIS AGREEMENT, PERMISSION TO INSTALL ICONS ON THE COMPUTER DESKTOP AND TO ACTIVATE THE SOFTWARE'S STAY-ON-TOP FEATURE, WHICH ALLOWS THE SOFTWARE TO OPERATE ON TOP OF ALL OTHER APPLICATIONS OR SOFTWARE THAT MAY BE SIMULTANEOUSLY RUNNING, IS EXPRESSLY GRANTED BY THE USER TO VIDEO PROFESSOR. YOU ACKNOWLEDGE AND AGREE THAT REMOVAL OF THE ICONS FROM THE COMPUTER IS THE SOLE RESPONSIBILITY OF THE USER, AND THAT VIDEO PROFESSOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES WHATSOEVER AS A RESULT OF REMOVAL OF THE ICONS BY THE USER. YOU ALSO GRANT PERMISSION TO CHANGE YOUR COMPUTER'S REGISTRY KEY TO INTERNET EXPLORER. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. VIDEO PROFESSOR MAY GIVE YOU THE OPPORTUNITY TO INSTALL SOFTWARE OR PROGRAMS PROVIDED BY OTHER COMPANIES ("THIRD-PARTY PROGRAMS") ON YOUR COMPUTER. YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY PROGRAMS MAY NOT BE ERROR FREE OR ACCURATE, AND THEREFORE YOU ACKNOWLEDGE AND AGREE THAT BY INSTALLING SUCH THIRD-PARTY PROGRAMS ON YOUR COMPUTER, YOU DO SO AT YOUR OWN RISK. YOU AGREE TO COMPLY WITH ALL LICENSE TERMS FOR THIRD-PARTY PROGRAMS THAT ARE DISCLOSED TO YOU BY VIDEO PROFESSOR. YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE THIRD-PARTY PROGRAMS. THE LICENSE TERMS FOR SOME SUCH THIRD-PARTY PROGRAMS ARE POSTED AT THE FOLLOWING URL: HTTP://WWW.VIDEOPROFESSOR.COM/THIRDPARTYRULES.HTML OR AT THE ORIGINATING OR LINKED THIRD-PARTY SITE.

NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, VIDEO PROFESSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER REPAIR COSTS, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, THE RESULTS OF THE USE, OR THE INABILITY TO USE THE SOFTWARE OR THIRD-PARTY PROGRAMS, EVEN IF VIDEO PROFESSOR HAS BEEN ADVISED OF, OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. USER'S SOLE REMEDY SHALL BE TO DISCONTINUE ACCESS TO AND USE OF WEBSITE(S), THE SOFTWARE, AND IF APPLICABLE, TERMINATE USER'S CONTINUING ACCESS PLAN. VIDEO PROFESSOR'S AGGREGATE LIABILITY FOR ANY BREACH OF THIS AGREEMENT SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE SOFTWARE LICENSED UNDER THIS AGREEMENT.

Termination

Unless otherwise provided by the terms of a separate agreement with Video Professor, either you or Video Professor may terminate or cancel your Online Access at any time for any reason. In certain circumstances, termination charges may apply if you cancel prior to the end of a designated term, if, for example, you have obtained a bonus product. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Video Professor. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Use Agreement or Video Professor's enforcement or application of this Use Agreement; (2) any policy or license agreement of Video Professor, including Video Professor's Privacy Policy, or any license agreement applicable to any Video Professor product; (3) the Software or content available on the Web Site(s) or any change in the Software or content on the Web Site(s); (4) your inability to access and/or use the Web Site(s); or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your Online Access by contacting Video Professor's Customer Service department by calling 1-800-519-4110 for CD Lesson Customers or 1-800-424-0277 for US Video Professor Online or FreeComputerLearning.com Customers. If you live outside the United States, contact Customer Service by e-mailing freecomputerlearning.cs@digitalriver.com or at the Customer Service page on the Web Site(s). Video Professor shall have the right to substitute the Software content on similar subjects without notice to you. Video Professor shall have the right to withdraw certain Software from its available products at any time by providing e-mail notice to you, in which instance Video Professor may offer you substitute Software subject to the same terms as this Use Agreement or, at Video Professor's discretion, a refund of any Online Access fees. The License will terminate immediately without notice from Video Professor or judicial resolution if you fail to comply with any provision of this Use Agreement. In the event that your Online Access is terminated or canceled by you or because you have failed to comply with any provision of the Use Agreement, no refund, including any Online Access fees, will be granted. You represent and warrant that you are at least eighteen (18) years of age and that you have read and agree with the foregoing.

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Last modified April 24, 2009