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TERMS AND CONDITIONS

The submission of information to, and use of, the Course Creation ("Service") available through the TrainerWare web site is subject to the following terms and conditions. BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and TrainerWare, an operating division of MultiSoft Corporation. (“TrainerWare” or the "Company").

If you do not agree to these Terms and Conditions, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to: Customer Support, TrainerWare, 1723 SE 47th Terrace, Cape Coral FL 33904 . Company may update these terms and conditions at any time and without notice.

Administrator, Instructor, Student Privileges
Administrator, Instructor, Student privileges are granted by Company to individuals exclusively and are granted specifically to the subscribing registered Administrator, Instructor, Student only. Administrator, Instructor, Student rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Administrator, Instructor, Student without the express written permission of Company. Company requires that each registered user maintain a valid email address, username and a password, which shall be utilized for logging on to the TrainerWare system. Administrator, Instructor, Students are not permitted to share their individual logon information with others. Company has the right to refuse service to any Administrator, Instructor, Student that refuses to abide by the terms and conditions herein or abuses their rights related to the TrainerWare service.

Company utilizes email as a vital and primary communication channel with customers. As a registered user, Administrators, Instructors, Students hereby acknowledge and grant Company the permission to communicate with customers via email (as well as other communication channels such as phone and fax) for any purpose. Company determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Company will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will Company have any liability for sending any email to its registered users/customers.

Submission and Administration of Courses
Customer agrees not to submit any descriptions, photographs, financial, contact or other information contained in each Course's data to TrainerWare unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the on the Customer's website or on the TrainerWare website. The Company may, in its sole discretion but without any obligation to search for such, remove a course ("Course") that is alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted businesses or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Additionally, the Customer agrees to allow the Course, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the TrainerWare website. The Company shall have the sole authority to choose the manner in which any will be searched, displayed, accessed, downloaded, copied, and otherwise used on the TrainerWare website and Company shall have the right to modify the course in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Course’s and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting on the TrainerWare system under a name other than the named licensed clients that have been engaged by the owner to market the under the terms of a duly executed course agreement with the owner; (c) agrees to administer the Businesses provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Businesses posted on the Customer's website or on the TrainerWare website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to TrainerWare.

Use of Information
Customer agrees to treat all information obtained from the Service, including courses, pricing reports, and any other information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to Company. Customer agrees that Content reserved for Administrator, Instructor, Students will be maintained as confidential and shall be protected as a trade secret of Company. Company does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of Content to personal and internal use, and shall not use Content obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce Content obtained from the Service for or in connection with any other course service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their Administrator, Instructor, Student and may be assessed an excessive use fee.

Payment Terms
Customer agrees to pay for all products ordered through the TrainerWare web site or via TrainerWare clients using the payment method indicated and provides Company express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of TrainerWare products, services, information, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, Company may immediately cease to provide any and all Deliverables to the customer. The fees paid for monthly and annual subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the month. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but will be subject to adjustment for any incentives or discounts provided for said prepayment. No partial month refunds will be provided. Customer may cancel their TrainerWare product by emailing or calling. All cancellation requests will be processed within five (5) business days, and a cancellation confirmation will



 
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