Terms of Use - Terms of Service - for MicroVideo's Desktop Trainer Online for IPC Courses

IMPORTANT - READ CAREFULLY: The Desktop Trainer Online (the "Service") is owned and operated by MicroVideo Learning Systems, Inc. (MicroVideo) a Canadian-based web video training provider, under the terms and conditions of this service agreement and Terms of Use ("Terms"), which include MicroVideo's Privacy Policy and Registration Form and are incorporated herein by reference. ONLY COMPLETE THE ELECTRONIC ACCEPTANCE PROCESS AND CLICK THE "SUBMIT" BUTTON, IF YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN SECTIONS 10 AND 11 BELOW.
1. DESCRIPTION OF SERVICE. The Service provided and operated by MicroVideo Learning Systems, Inc. for IPC, Inc. allows You access to any one IPC Training title in our current online (web-based) library. You agree to a single use and pay a set fee $50 (US) for access to any one of these titles.  
2. REGISTRATION. To use the Service, You must submit a complete online service registration form, which is available at https://www.microvideo.com/ipc/default.asp, on Your behalf. As part of the registration process for the Service, You agree to: (1) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If MicroVideo discovers that any of Your Registration Data is inaccurate, incomplete or not current, MicroVideo may deny Your right to access and receive the Service immediately upon notice. You may not register for this Service if You are under 18 years of age. By registering for this Service You represent to MicroVideo, Inc. that You are 18 years of age or older. Upon acceptance of this agreement and the MicroVideo Privacy Policy, and the completion of the registration process, You will have access to the MicroVideo - IPC Training course.  
3. FEES AND PAYMENTS/REFUNDS. The rights granted under this Agreement are effective only upon payment of the individual course fee, which is strictly non-refundable. You pay a set fee of $50 (US) per training course. All fees and charges incurred in connection with Your user name and password will be billed to the credit card designated during the registration process for the MicroVideo - IPC Training course. YOU, AND NOT MICROVIDEO, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS THAT WERE NOT AUTHORIZED BY YOU WHEN BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.
4. CREDIT CARDS. As a condition to your right to use the Service, You must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable Course Fees.
5. USER CONDUCT AND PROPRIETARY RIGHTS. No Resale or Commercial Use of the Service. Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service, any downloadable plug-in or other materials or any information obtained by You without the express written consent of MicroVideo.
6. PRIVACY. MicroVideo's use of any personal information You provide to it is set out in MicroVideos' current Privacy Policy.
7. MODIFICATIONS. MicroVideo may amend these Terms at any time by (i) posting a revised Terms of Service document on https://www.microvideo.com/ipc. MicroVideo shall not be liable to You or any third party should MicroVideo exercise its right to modify or discontinue the Service.
8. PASSWORDS AND SECURITY. As part of the registration process, You will use Your email address as Your user name and MicroVideo will email You Your password for access to this course. You agree to carefully safeguard Your password. You are solely responsible if You do not maintain the confidentiality of passwords and account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify MicroVideo of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised.
9. MAINTENANCE AND UPDATES. You understand that MicroVideo may update the Software at any time, but is under no obligation to inform You of or furnish to You any such updates. This Agreement does not grant You any right, license or interest in or to any support, maintenance, improvements, modifications, enhancements or updates to the Software or supporting documentation.
10. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. MICROVIDEO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MICROVIDEO MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES MICROVIDEO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE OR CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICROVIDEO OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL MICROVIDEO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF MICROVIDEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MICROVIDEO's LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold MicroVideo harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information or data submitted by You; (b) any fraud or manipulation, or other breach of these Terms by You; or (c) any third-party claim, action or allegation brought against MicroVideo arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
13. GENERAL TERMS. These Terms are governed in all respects by the laws of the State of Illinois as such laws are applied. Both parties submit to personal jurisdiction in Illinois and further agree that any cause of action relating to these Terms shall be brought in a court in Illinois. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. MicroVideo's failure to act with respect to a breach by You does not waive MicroVideo's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. MicroVideo shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond MicroVideo's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier; or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
14. COLLECTION OF UNPAID FUNDS DUE To MicroVideo BY YOU. By agreeing to the terms of this agreement, You are responsible for all fees incurred by taking this course. Should you for any reason fail to make full payment to MicroVideo (via an automatic charge to your credit card) MicroVideo. may take any action against YOU that it deems necessary in order to collect the remaining amounts due and unpaid.
You understand and agree that You are solely responsible for reviewing these Terms of Service. You must report any violations of these Terms. To do so, send an email to support@microvideo.com.for assistance.

5918-3rd St. S.W. Calgary, Alberta, Canada T2H 0H8
Phone: (403) 233-9411
Fax:(403) 233-7757
email: support@microvideo.com

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