ITDVDS.com LLC Terms and Conditions

TERMS & CONDITIONS OF USE

BY SUBSCRIBING TO THIS SERVICE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT, THE TERMS AND CONDITIONS OF WHICH SHALL PREVAIL IN GOVERNING YOUR RIGHTS OF USE. BY CLICKING THE "Submit" BUTTON, THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("YOU") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING "Submit" MUST NOT BE SELECTED.

1. DEFINITIONS

"ITDVDS.com" refers to ITDVDS.com LLC
"You" refers to the user or subscriber.
"Software" refers to the ITDVDS.com training content and software.

2. LICENSE: ITDVDS.com hereby grants to You a worldwide, non-royalty bearing, non-exclusive license to use the Software according to the provisions contained herein and subject to payment of the applicable subscription fees.

3. RESTRICTIONS: You may not do any of the following:

Save the Software to Your hard disk or other storage medium; permit others to use the Software except as specified by addendum; modify, reverse engineer, decompile, or disassemble the Software; make derivative works based on the Software; publish or otherwise disseminate the Software. All materials on this site are the property of ITDVDS.com unless otherwise specified. No material from these pages may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of U.S. copyright law and other proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. Items marked "Work Files" are for the personal use of you and may not be transfered to others.

4. FEES and REFUND POLICY: The rights granted under this Agreement are effective only upon payment of the subscription fees, which are strictly non-refundable other than as expressly provided herein. The term "Payment Option monthly" is defined as any 30 day period. The term "Payment Option Bi-Annual" is defined as one 182 day period. The term "annual subscription" is defined as one 365 day period. A yearly subscription ends on the same numerical date as it began (example June 28, 2004 to June 28, 2005).

The ITDVDS.com membership is access to every ITDVDS.com training tutorial in our library. You pay a flat fee for access to these titles. You are billed according to your renewal selection, and can renew monthly or in any other increment offered. If you choose to be billed monthly, you will be billed every 30 days for the subscription until you request the subscription be cancelled. If you chose to be billed bi-annually then you will be billed every 182 days until you request the subscription be cancelled. If you chose to be billed annually then you will be billed every 365 days until you request to be canceled. If you cancel before the period of time is up that you have already paid for then any money you have paid is non-refundable. For example if you chose an annual subscription and cancel after 2 months then will not get a refund for the 10 other months that you paid for. You will have access to ITDVDS.com for the entire period that you paid for though. Canceling you account simply prevents future billing. If your method of payment expires or no longer is valid than your account will be suspended until payment information is corrected.

5. LIMITED WARRANTY: ITDVDS.com warrants that the Software, if operated as directed, will substantially achieve the functionality described. ITDVDS.com does not warrant, however, that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. In addition, the security mechanisms implemented by the Software have inherent limitations, and You must determine that the Software sufficiently meets Your requirements. ITDVDS.com's sole liability for any breach of this warranty shall be, in ITDVDS.com's sole discretion: (i) to advise You how to achieve substantially the same functionality with the Software as described; or (ii) if the above remedies are impracticable, to refund the last 30 days subscription payment fee You paid. Only if You inform ITDVDS.com of Your problem with the Software during the applicable subscription period will ITDVDS.com be obligated to honor this warranty. ITDVDS.com will use reasonable commercial efforts to repair, replace, advise, refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate.

THIS IS A LIMITED WARRANTY, AND IT IS THE ONLY WARRANTY MADE BY ITDVDS.com OR ITS SUPPLIERS. ITDVDS.com MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF ITDVDS.com IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.

6. PROPRIETARY RIGHTS: ITDVDS.com reserves all proprietary rights in and to the Software, is protected by copyright and other intellectual property laws and by international treaties. ITDVDS.com.

Trademark Notice: ITDVDS.com LLC, The ITDVDS.com Logo, and ITDVDS.com are trademarks of ITDVDS.com. All other company and product names may be trademarks of their respective owners. The information contained herein is subject to change without notice. Copyright © 2003 - 2006 ITDVDS.com, All rights reserved.

7. TERMINATION: This Agreement shall automatically terminate if You fail to comply with the restrictions described herein. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.

8. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ITDVDS.com OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ITDVDS.com BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT ITDVDS.com RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF ITDVDS.com SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ITDVDS.com'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

9. Links To Other Materials: Linked sites found at the ITDVDS.com site are not under the control of ITDVDS.com, and we are not responsible for the content of any linked site or any link contained in a linked site. ITDVDS.com may change links based solely on our discretion, and we reserve the right to terminate any link or linking program at any time. ITDVDS.com does not, by linking to sites, endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.

Forums, and Chat are not always screened by ITDVDS.com, and we are not responsible for the content of any public or open forum content at the site. ITDVDS.com may change these public forums based solely on our discretion, and we reserve the right to terminate any forum at any time. ITDVDS.com does not, by allowing these forums, endorse companies or products which may be mentioned in these forums, and reserves the right to note as such on its web pages. If you decide to access any of the public forums in this site, or linked to this site, you do this entirely at your own risk.

9. GOVERNING LAW & DISPUTE RESOLUTION: This Agreement is governed by California law. All disputes between You and ITDVDS.com shall be finally resolved through arbitration in San Diego, California. This site is controlled by ITDVDS.com from its offices within the United States of America. ITDVDS.com makes no representation that materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Virginia, USA.

10. ITDVDS.com does not gaurantee certification. The tutorial are provided as training for the certification tests. ITDVDS.com will not provide refunds for failed tests nor does a membership to ITDVDS.com cover the cost of certification tests.
ITDVDS.com may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

11. Using ITDVDS.com and viewing the training movies will use your internet bandwidth. You are completely responsible for monitoring your data usage and ITDVDS.com can in no way be held liable for and internet or data usage charges by the users' ISP.

If you have any questions regarding this policy, or your information specifically, you may email
support@itdvds.com.