Terms of Use Agreement

If you use our Web site or purchase our products, you agree to the following Terms of Use Agreement. If you do not agree to it, all or in part, you should not use our Web site or purchase any of our Documents.

Acceptance. You agree to the terms and conditions outlined in this Agreement with respect to our Site, its Content, Electronic Files and Documents. This Agreement is the entire and only agreement between us and you, and supersedes all prior agreements and warranties with respect to the Site, the Content, Electronic Files or Documents provided through the Site.

Copyright and Intellectual Property. The Content, Documents, organization, graphics, and other materials related to the Site are protected under applicable copyrights and other proprietary rights, including but not limited to intellectual property rights. The copying, distribution, use or publication by you of any part of the Site, except as allowed in the section below titled Limited Licenses, Permitted Uses, is strictly prohibited.

Limited License, Permitted Uses. Customer is granted a non-exclusive, non-transferable, revocable license to access and use the Site in accordance with this Agreement and to use the Site solely for non-commercial purposes, subject to the following Restrictions and Prohibitions on Use.

Restrictions and Prohibitions on Use. Customer's license for use of the Site, the Site Content, and Documents are subject to the following restrictions and prohibitions on use:

Customer agrees that VyrtuNet retains all right, title, and interest in the Site, the Site Content and Documents available through this Site, including all copyrights, and other intellectual property rights. Customer may not print in any form any portion of the Site or the Site Content.

Customer may make copies of the Documents obtained from the site for personal use or for use by their employer. Customer may not make any derivative works of any Documents.

Customer may not copy, publish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means any portion of the Site, the Site Content and Documents to or for the benefit of third parties not subject to this Agreement.

Customer may not use the Site, the Site Content, or Documents for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

Customer may not use any Site Content or Documents from the Site to infringe any copyright, intellectual property right, proprietary right, or property right of us or any Independent Parties.

Customer may not remove, change or obscure any copyright notice or other proprietary notice or terms of use contained on the Site or on the Documents.

Customer may not use any automatic or manual process to collect information from the Site, the Site Content, or Documents.

Customer may not use the Site, the Site Content, or Documents in any manner that violates any state or federal law.

Linking to the Site. If Customer owns or operates a Web site, Customer may not provide links to this Site.

Registration/Purchase. Certain sections of or offerings from the Site may require you to register. If registration is required, Customer agrees to provide us with accurate, complete registration and/or purchase information. Each registration is for the registered Customer's use only and is non-transferrable. Customer will not permit any other person to use their registration, username, or password. Customer will not share their username and password or allow their username and password, or registration, to be used by multiple users on a network. Customer is responsible for preventing unauthorized use of their registration, username, and password.

VyrtuNet.com does not accept registrations from those under 18 years of age. By registering with us, you represent that you are at least 18 years old.

Corrections and Changes. We reserve the right in our sole discretion to edit, delete, or change any Site features, Site functionality, Content, or Documents on the Site at any time without notice.

Unlawful Activity. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, or other third parties and disclosing any information as required by law. Information disclosure as required by law is outlined in our Privacy Policy.

Indemnification. You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, suppliers, advertisers, product and Service Providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement.

Disclaimers. The Site and the SITE Content are provided "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The Site, Site Content or Documents may contain bugs, errors, viruses, problems or other limitations. We have no liability whatsoever for your use of the Site, Site Content, or Documents, except as provided in the section titled Limitation of Liability below and are not liable for any damages (including damages for loss of business, loss of profits, litigation, or other), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or other. No advice or information, whether oral or written, obtained by you from us through the Site or otherwise shall create any warranty, representation or guarantee not expressly stated in this Agreement.

Documents. Documents are provided for free or for a charge and without any representations or warranties, express or implied, as to their suitability, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH "ALL FAULTS," AND WE DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Customer agrees that the Documents only samples and those Documents may not be applicable to their particular situation. The entire risk for the results and performance of Documents is assumed by the Customer. Customer may consult with legal counsel prior to purchasing Documents to determine the appropriateness of the Documents for their particular situation.

WE DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED ON THE SITE, WITHIN THE ELECTRONIC FILE(S) CONTAINING DOCUMENTS OR IN THE DOCUMENTS.

WE DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY LACK OF APPROPRIATE OR UP-TO-DATE SECURITY SYSTEMS AND SAFEGUARDS ON SERVICE PROVIDER'S COMPUTER SYSTEMS AND SOFTWARE AND INDEPENDENT PARTIES COMPUTER SYSTEMS AND SOFTWARE.

WE DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY MALICIOUS SECURITY, OR LACK THEREOF, ATTACKS THAT ORIGINATE AND PROPOGATE OVER THE INTERNET.

WE DISCLAIM ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES, INCLUDING PERFORMANCE AND RELIABILITY, TO CUSTOMER'S COMPUTER SYSTEMS, SOFTWARE, AND NETWORK OR ANY INDEPENDENT PARTY HARDWARE OR SOFTWARE SYSTEMS (collectively "Independent Systems"). Customer understands and agrees that Independent Systems may be necessary to exercise limited license rights and permitted uses outlined in the section titled Limited License, Permitted Uses above. Customer agrees that VyrtuNet does not provide, recommend, or encourage the purchase of Independent Systems as part of the purchase of Documents or otherwise. Customer agrees that it is not the intent of VyrtuNet to recommend, promote, sell, or encourage the purchase of any Independent Systems.

Customer assumes all responsibility and liability for the purchase, installation, configuration, and performance of Independent Systems. VyrtuNet is not liable or responsible for any damages or for the performance, or lack thereof, of any Document once installed on Independent Systems.

Limitation of Liability. We are not liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:

THE AGGREGATE LIABILITY OF US IN CONNECTION WITH ANY CLAIM RELATING TO THE SITE, SITE CONTENTS, AND DOCUMENTS, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.

Use of Information. Customer authorizes us to use all information regarding Site usage and all information provided by the Customer in any manner consistent with our Privacy Policy.

Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

Payments. Customer agrees that if Customer purchases Documents, their credit information is true and complete, charges incurred by Customer will be honored by Customer's credit card company, and Customer will pay the charges incurred, including any applicable taxes.

Legal Compliance. Customer agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, Site Content, and Documents.

Refund and Return Policy. If Customer purchases Documents and is not satisfied, we will refund the purchase price within 30 days of Customer notifying us in writing with the following information: a request for refund, the reason for the refund request, credit card information, and the Documents returned to us in the same condition as when purchased. Customer's credit card will be credited with the refund amount. Customer agrees that no physical or electronic copies of any Documents returned will be kept.

Miscellaneous. This Agreement shall be governed by the laws of the State of Washington. Any cause of action by you with respect to the Site or Documents must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Arbitration. Any legal controversy or legal claim relating to this Agreement, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be settled solely by confidential binding arbitration. The arbitration shall be conducted in King County Washington.

Termination. You agree that VyrtuNet, in its sole discretion, may terminate your registration, for any reason. If VyrtuNet, believes that you have violated or acted inconsistently with this Agreement, your registration may be terminated without notice. You agree that VyrtuNet shall not be liable to you or any third-party for any termination of your registration.

This Agreement may be changed at any time by us without notice to you. The latest version of the Agreement will be posted on the Site at all times. You are responsible for reviewing this Agreement prior to using the Site.

If you agree to this Terms of Use Agreement, please check this box to indicate your acceptance. Checking this box indicates your acceptance of this Agreement and you understand that your acceptance is your signature in electronic format and it will be recorded as such.

www.vyrtunet.com

Last updated: 2/12/2008