Terms and Conditions

SERVICE USE AGREEMENT TERMS AND CONDITIONS

ATTENTION: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS LEARNING SERVICE OPERATED BY VIRTUAL INSTRUCTOR LLC THROUGH THIS SITE, VIRTUALINSTRUCTOR.COM ("SITE"). USING THIS SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS ("TERMS"). BY INDICATING YOUR ACCEPTANCE AND USING THIS SITE, YOU AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THESE TERMS PERIODICALLY TO BECOME AWARE OF ANY CHANGES OR MODIFICATIONS VIRTUAL INSTRUCTOR LLC MAKES TO THIS AGREEMENT. VIRTUAL INSTRUCTOR LLC RESERVES THE RIGHT TO CHANGE OR MODIFY ALL OR ANY PART OF THIS AGREEMENT. YOUR CONTINUED USE OF THE SITE WILL BE DEEMED YOUR ACCEPTANCE OF ANY MODIFICATIONS MADE TO THIS AGREEMENT. IF AT ANY TIME THIS AGREEMENT IS NO LONGER ACCEPTABLE TO YOU, YOU SHOULD STOP USING THIS SITE IMMEDIATELY.

1. Limited License

VIRTUAL INSTRUCTOR LLC grants each paid subscriber of VIRTUAL INSTRUCTOR LLC'S service a limited, non-transferable, non-exclusive license to access the online information and content available to subscribers through this VIRTUAL INSTRUCTOR LLC'S Site according to this Agreement and subject to subscription fee payment and adherence to this Agreement's Terms.

2. Subscriptions

Subscription fees are non-refundable. Discounts or special offers are only valid for the initial term of a subscription. Subscriptions are on an annual basis and automatically renew until cancelled by the Subscriber. Subscriptions renew on the same date of each corresponding year at the subscription rate then in effect. VIRTUAL INSTRUCTOR LLC may increase the subscription rate at any time, provided that VIRTUAL INSTRUCTOR LLC provides at least thirty (30) days notice to subscriber prior to expiration of subscription. VIRTUAL INSTRUCTOR LLC may terminate any subscription if VIRTUAL INSTRUCTOR LLC is unable to renew the subscription based on inaccurate or out dated billing or credit card information. VIRTUAL INSTRUCTOR LLC will offer subscribers online and live computer training classes. These classes will be scheduled and offered at the complete discretion of VIRTUAL INSTRUCTOR LLC and may be subject to cancellation without notice.

3. VIRTUAL INSTRUCTOR LLC'S Service Site - Availability and Modification

VIRTUAL INSTRUCTOR LLC endeavors to provide access to the services' Site on a continuous basis. Should technical difficulties occur with the service, VIRTUAL INSTRUCTOR LLC will make all commercially reasonable efforts to correct the problem and is not responsible for any downtime period. From time to time access to the service's Site may be unavailable due to conditions beyond VIRTUAL INSTRUCTOR LLC'S control. Conditions may include, but are not limited to, force majeure, acts of God, power outages, and acts of computer hackers. Also, services may be unavailable due to software issues, maintenance, server downtime, programming errors, increased internet traffic or other reasons. VIRTUAL INSTRUCTOR LLC will make every reasonable commercial effort to restore the service within a reasonable time.

VIRTUAL INSTRUCTOR LLC, within its sole discretion, reserves the right to change, modify or discontinue any part or aspect of the services of this Site. Any such changes, modifications or deletions will be effective immediately when posted on this Site.

Users of VIRTUAL INSTRUCTOR LLC'S Site agree that they are responsible for ensuring that they have sufficient hardware, software, internet service and any other equipment necessary for their use of this Site.

4. Copyrights and Trademarks

VIRTUAL INSTRUCTOR LLC is the owner and retains all rights in the intellectual property in and on this Site, including, but not limited to, trademarks, service marks, inventions, trade secrets, source code, the HTML code, the look and feel of the Site, its color combinations, layout and all graphical elements and the copyrights in and to its original content. Except as expressly stated on the Site or in these Terms, nothing that user reads or sees on the Site may be copied, reproduced translated, distributed, transmitted, republished for commercial use without the prior written consent of VIRTUAL INSTRUCTOR LLC.

The use of third party trademarks and of screen capture information on this Site shall not be construed to imply sponsorship or endorsement of any of this Site's content by any third party. Products, logos or other names may be trademarks or registered trademarks of the owner/publisher. For information about trademarks and other intellectual property owned by certain third parties please consult the following links:

Microsoft
Adobe
Etc

5. Prohibited User Conduct

The user of this Site agrees to not engage in any of the following activities:

• Submit or post any content which is sexually explicit, or sexually, racially, ethnically offensive, harassing, intimidating, threatening, hateful, discriminating or abusive to any other user of this Site.
• Submit any material that is copyrighted, protected by trade secrets or otherwise subject to third party rights, unless user is the owner of such rights or has permission from the rightful owner to submit the material and grant VIRTUAL INSTRUCTOR LLC all the license rights.
• Copy, download, save, print any material except as expressly allowed by the Site and these Terms.
• Permit any others access to the material provided only to subscribers by allowing use of user's name and password or the name and password of any authorized subscriber.
• Transmit or install any virus, advertisement or any other process to the Site that affects the use of the Site, or adversely affects VIRTUAL INSTRUCTOR LLC'S computers, services or databases.
• Attempt to violate any of the security measures of the Site or access any content of the Site the user is not authorized as a subscriber to access.
• Engage in any conduct in violation of the copyright laws of the United States or remove any copyright, trademark or other legal notices on the content of the Site.

VIRUTAL INSTRUCTOR LLC in its sole discretion reserves the right to determine if any user of the Site is engaging in any prohibited user conduct and reserves the right to revoke and terminate any user access to the Site.

6. Disclaimer of Warranties and Limitation of Liability

VIRTUAL INSTRUCTOR LLC DOES NOT WARRANT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, VIRTUAL INSTRUCTOR LLC DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT OF THE SITE. THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT USER DOWNLOADS OR OTHERWISE OBTAINS THROUGH THE SITE IS DONE AT USER'S OWN DISCRETION AND RISK, AND USER WILL BE SOLEY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USER'S DOWNLOAD OF ANY SUCH MATERIAL. NEITHER VIRTUAL INSTRUCTOR LLC NOR ANY OF VIRTUAL INSTRUCTOR LLC'S OFFICERS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET USER'S REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE (iii) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL THAT USER OBTAINS THROUGH THE SITE WILL MEET USER'S EXPECTATIONS AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER VIRTUAL INSTRUCTOR LLC NOR ANY OF VIRTUAL INSTRUCTOR LLC'S OFFICERS, EMPLOYEES OR AGENTS MAKES ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF VIRTUAL INSTRUCTOR LLC'S SERVICES, TOOLS, PRODUCT OR PROPERTIES. USER EXPRESSLY AGREES THAT USER WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

CHANGES MAY BE MADE, FROM TIME TO TIME AND WITHOUT NOTICE, TO THE MATERIALS AND SERVICES AVAILABLE ON OR THROUGH THE SITE.

THE SITE IS CONTROLLED AND OFFERED BY VIRTUAL INSTRUCTOR LLC FROM ITS FACILITIES IN THE UNITED STATES AND VIRTUAL INSTRUCTOR LLC MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. USERS WHO ACCESS THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

IN NO EVENT SHALL VIRTUAL INSTRUCTOR LLC, ITS RESPECTIVE OFFICERS, EMPLOYEES OR AGENTS BE LIBABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (i) ANY ERRORS, MISTAKES, OR INACURRACIES OF CONTENT, (ii) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER'S ACCESS TO AND USE OF THE SITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMITTION TO OR FROM THE SITE (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY PARTY, AND/OR (vi) ANY ERRORS OR OMMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIRTUAL INSTRUCTOR LLC IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIBABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICITION. USER SPECIFICALLY ACKNOWLEDGES THAT VIRTUAL INSTRUCTOR LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMITORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER.

7. Indemnity

User agrees to defend, indemnify and hold harmless VIRTUAL INSTRUCTOR LLC and its officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, cost or debt, and expenses, including but not limited to attorneys' fees, arising from (i) user's use of and access to the site (ii) user's violation of any Term of this Agreement (iii) user's violation of any third party right, including without limitation, copyright, property, or privacy right (iv) any claim that one of the user's submission caused damage to a third party. This defense and indemnification obligation will survive the term of this agreement and user's use of the Site.

8. Assignment

User agrees that any rights and licenses granted hereunder, may not be transferred or assigned by user, but may be assigned by VIRTUAL INSTRUCTOR LLC without restriction.

9. Privacy Policy Incorporation

Please review VIRTUAL INSTRUCTOR LLC'S Privacy Policy, the terms of which are incorporated in this Agreement as if set forth in full.

10. Hyperlinks

This site may contain material from and links to other sites on the internet that are owned and operated by third parties. VIRTUAL INSTRUCTOR LLC is not the publisher or author of any information on any site provided by third party providers; and, user acknowledges that VIRTUAL INSTRUCTOR LLC is not responsible for the availability of or the content of material located on or through any third party external site.

11. General

These Terms constitute the entire agreement regarding the use of the Site. Any previous agreement, whether oral or written between VIRTUAL INSTRUCTOR LLC and user dealing with the subject matter hereof is superceded. This Agreement may only be modified or amended in writing.

The Terms of this Agreement shall be construed in accordance with the laws of the State of California. The parties agree that any dispute arising out of this Agreement will be resolved by a binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Diego, California and any judgment on the arbitration may be entered in any court having jurisdiction thereof. Each party may seek injunctive relief from a court of competent jurisdiction in San Diego, California to protect its rights or property pending the completion of any arbitration.

User agrees that any claim or action arising out of this Agreement must be filed within one (1) year after any such claim or action arose or it will be barred forever.

If any of the Terms of this Agreement are determined to be invalid or unenforceable then such provision shall be deemed by the parties to be superceded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining Terms of this Agreement will continue in effect.