Total Training.

ONLINE END USER LICENSE AGREEMENT



PLEASE READ THIS ONLINE END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING ANY OF THE ONLINE TRAINING SERVICES OFFERED BY Total Training. (“TT”) DESCRIBED BELOW. BY USING THE SERVICES YOU ACKNOWLEDGE THAT YOU READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.

1. Online Training Services. Subject to the terms of this Agreement, TT hereby grants to you a limited, non-transferable, royalty-free, and non-exclusive license to use the online training software (“Software”) and content (hereinafter the Software and content shall be referred to as the “Services”) during the Term of this Agreement. Your use of the Services shall be strictly in accordance with this Agreement and our Terms of Use. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Services. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in the Services, including the software and other intellectual property rights related to the Services. Except as specifically set forth in this Agreement, TT owns and retains all right, title, and interest in the Services and any and all related materials.

2. Payment. For access to and use of the Services, you agree to pay the amounts set forth in TT’s Fee Schedule for the number of users and/or site for which you are purchasing a license. You hereby acknowledge and agree that the subscription fee is payable in advance for each license purchased upon acceptance of this Agreement and will be charged whether you use the Services or not. You are responsible for any taxes, including personal property taxes or sales taxes, resulting from your use of the Services. Payments not paid when due shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You agree to pay all attorneys’ and collection fees arising from efforts to collect any past due amounts from you.

3. Restrictions On Use. All pages within this Website and any material made available for download (collectively the Website”) are the property of Total Training and/or its affiliates. The Website is protected by federal and international copyright and trademark laws and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written permission of TT. Access to the Website is for your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable End User License Agreements. Any rights not expressly granted by these Terms and Conditions or any applicable End User License Agreements are reserved by TT.

4. Website Availability. TT’s Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of TT or which are not reasonably foreseeable by TT, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.

5. Modifications and Changes to Services and/or Website. The software, content, availability and access and all other features, attributes or aspects of the Services and Website are subject to change, modification, additions or deletions at any time without notice in TT’s sole discretion.

6. Links or Pointers to Other Sites. TT makes no representations whatsoever about any other website that you may access though this Website. When you access a non-TT Website, you understand that it is independent from TT and TT has no control over the content on that website. In addition, a hyperlink to a non-TT website does not mean that TT endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

7. Your Responsibilities. You agree to comply with our Terms of Use and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify TT promptly if you suspect unauthorized use of your account. Until you notify TT, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify TT immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Service. As a condition of your use of this Website, you warrant to TT that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

8. Prohibited Activities. You may not modify, reverse engineer, or decompile the Software or Services or create derivative works based on the Software or Services. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or make any other commercial use of the Services. Except for downloading of project files, which is authorized, you may not save the Software to your computer or any other storage medium. You may not violate any security or corrupt the Website in any way.

9. Disclaimer of Warranties. THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TT DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. TT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. TT IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.

10. Limitation of Liability. IN NO EVENT SHALL TT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH TO THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF TT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF TT TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO TT IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.

11. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by TT if you are dissatisfied for any reason with the Services is to terminate this Agreement as provided in this Agreement.

12. Term and Termination. The term of this Agreement shall commence: (i) For single seat direct purchases via web or phone the term begins at time of purchase ; (ii) For subscriptions purchased via activation code, including, via promotion, resellers or multi-seat purchases, the term begins upon activation of the first activation or 30 days from the date of purchase, whichever occurs first.

Subscriptions

Subscriptions shall continue for the length of time established by the original subscription, unless earlier terminated as provided in this Agreement. After completion of the initial term, and each anniversary thereafter, this Agreement shall automatically renew for the same duration as the original subscription period unless written notice of the intent not to renew this Agreement is tendered by either party no more than two (2) business days after renewal of this Agreement. Renewals automatically extend subscriptions from the anniversary date or the final date of the month if no corresponding date exists March 31, 2009 subscription renews on April 30, 2009 for a full term regardless of whether the renewal is purchased prior to the anniversary date or during any applicable grace period following the anniversary date. Renewals will be at the current full subscription price at time of renewal, and any discounts, rebates or other special offers only are not applicable to renewal subscriptions. TT may increase subsequent subscription rates at any time to take effect on future anniversary renewal dates provided subscriber is notified thirty (30) calendar days prior to the subscription rate increase. Renewal subscriptions will be charged to the credit card submitted for payment at time of initial subscription. Customer must notify TT of any changes to credit card information and TT may terminate or suspend the subscription if unable to renew the subscription based on inaccurate or outdated credit card information. Subscriber and renewal fees are non refundable, and pro-rated fees or credits will not be issued upon cancellation of subscription by subscriber, even if cancellation occurs prior to anniversary date. Subscriber may terminate this Agreement upon TT’s failure to cure an ongoing, material breach of this Agreement within thirty (30) days after giving TT written notice of such material breach. TT may at any time and without advance notice modify or restrict your use of the Services, or terminate this Agreement if TT determines, in its sole discretion, that your use of the Services: (i) violates TT’s Terms of Use; (ii) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action; (iii) violates any intellectual property rights of TT or a third party; (iv) violates any export or import regulations; (v) is disruptive or causes a malfunction of the Services; (vi) may expose TT to potential legal liability; or (vii) if you fail to timely pay any amounts required under this Agreement.

13. Rights and Duties Upon Termination. Upon termination of this Agreement, all rights to the Services terminate immediately and you must remove any TT software or content from your computer immediately. You remain liable for the full charge(s) for all unexpired Term(s). If this Agreement is terminated for any reason, you agree not to re-register for or otherwise access the Services without TT’s prior written approval. TT may delete any data files associated with your use of the Services upon termination of this Agreement.

14. Use of Free Tutorials. If you elect to use the Services as a guest by using one or more of the free tutorials offered from time to time on TT’s website, all of the terms and conditions of this Agreement will be applicable to such use, excluding however, any terms related to payment therefore.

15. Choice of Law, Venue and Jurisdiction. This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts siTTng in the County of San Diego in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect.

16. General Terms. Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of TT and any assignment or transfer in violation of this provision shall be null and void. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and TT may be given by conventional first-class mail or by email. Notices sent by first-class mail are effective on the fifth day after mailing. Notices sent by email are effective the next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.

Total Training.

ONLINE TERMS OF USE

1. User’s Acknowledgment and Acceptance of Terms. Total Training. (“TT”, “we” or “us”) provides the TT site and various related services (together referred to as this “site”) subject to your compliance with all of the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

1.1 BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

1.2 These Terms of Use are effective as of May 1, 2007. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

1.3 As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

2 Description of Services. TT makes various services available on this site including, but not limited to, an online training library. Fees for the various services are set out in the membership and service fees described elsewhere in this site. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and Internet access (including payment of telephone service fees associated with such access).

2.1 We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use.

2.2 You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that TT has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

2.3 You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization seTTngs.

3 Registration Data and Privacy.

3.1 In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

3.2 You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

4 Payment of Fees.

4.1 If you subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including without limitation, your name, address and telephone number, and if you pay by credit card, valid credit card information, and to provide us with any changes in such information within ten (10) days of the change.

4.2 If you pay by credit card, and for any reason your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

4.3 Subscription products will be automatically renewed at the end of term until customer cancels their subscription and/or account, or emails tt-customercare@totaltraining.com with the necessary cancellation details.

4.4 In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including reasonable attorneys’ fees and other legal expenses.

5 Conduct on Site.

5.1 Your use of the site is subject to all applicable laws and regulations, including Netiquette , and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:

5.1.1 Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

5.1.2 Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

5.1.3 Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

5.1.4 Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

5.1.5 Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

5.1.6 Impersonates any person or entity, including any of our employees or representatives.

5.2 We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

5.3 You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

5.4 You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

6 Third Party Sites and Information. This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

7 Intellectual Property Information. Copyright © 2007, Total Training. All Rights Reserved.

7.1 For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content.

7.2 By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Total Training. and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

7.3 Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

7.4 The following are registered trademarks, trademarks or service marks of Total Training. or its Affiliates: Total Training. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Total Training. or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Total Training. or its Affiliates.

8 User’s Materials.

8.1 Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

8.2 Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

8.3 We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

8.3.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

8.3.2 Identification of the copyrighted work claimed to have been infringed;

8.3.3 Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

8.3.4 Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

8.3.5 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and

8.3.6 A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

8.4 Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

Designated Agent for Claimed Infringement:

Total Training.

ATTN: Chief Operations Officer

800-546-9620

coo@totaltraining.com

8.5 You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

9 Disclaimer of Warranties.

9.1 ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

9.2 THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

9.3 THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

9.4 Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

9.5 Before purchasing products and services on or through this site, review our Sales Terms and Conditions, which are incorporated by reference into these Terms of Use.

9.6 Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with TT. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TT spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Use.

9.7 SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10 Limitation of Liability.

10.1 Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this site shall be limited to the amount you paid us for the services on the site during the twelve (12) month period before the act giving rise to the liability.

10.2 IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

10.3 FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

10.4 SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11 Indemnification. Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including reasonable attorney’s fees that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12 Participation in Promotions. From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

13 Use of Site and Storage of Material.

13.1 You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation, the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee and/or are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

13.2 The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

14 Security and Password. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

15 Export Controls. Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16 International Use. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are 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 local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

17 Termination of Use.

17.1 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

17.2 Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3, 5-11, 14, and 18-20 of these Terms of Use, as well as your liability for any unpaid fees, shall survive any termination.

18 Governing Law. This site (excluding any linked sites) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County, California U.S.A. and/or the United States Federal District Court for the Southern District in San Diego County, California U.S.A. with respect to such matters.

19 Notices.

19.1 All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at customerservice@totaltraining.com, by email. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

19.2 Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

20 Entire Agreement. These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

21 Miscellaneous. Any action to enforce these Terms of Use, the prevailing party will be entitled to costs and expenses, including without limitation, reasonable expert witnesses’ fees, and reasonable attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

21.1 You may not assign your rights and obligations under these Terms of Use to any thing party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use.

21.2 You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

21.3 In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

21.4 If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

21.5 Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

22 Contact Information. Except as explicitly noted on this site, the services available through this site are offered by Total Training (Qoqoda LLC) a Nevada Corporation. Our telephone number is 800-546-9620 or 760-517-9001. If you notice that any user is violating these Terms of Use, please contact us at customerservice@totaltraining.com.

TRAINING TUTORIAL LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS TRAINING TUTORIAL. INSTALLING THIS TRAINING TUTORIAL INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Total Training. (“TT”) provides this training tutorial, consisting of the software application, video training files and, where applicable, project files (“TRAINING TUTORIAL”) and licenses its use worldwide. You assume responsibility for the selection of the TRAINING TUTORIAL to achieve your intended results, and for the installation, use, and results obtained from it.

License

You May:

Use the TRAINING TUTORIAL on a single machine;

Copy the TRAINING TUTORIAL into any machine readable form for backup purposes in support of your use of the TRAINING TUTORIAL on the single machine;

You may not modify or alter the TRAINING TUTORIAL in any manner whatsoever; and,

You may not transfer this license to a third party.

You must reproduce and include the copyright notice on any copy.

YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE TRAINING TUTORIAL, OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE TRAINING TUTORIAL TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

Intellectual Property Ownership, Copyright Protection

The TRAINING TUTORIAL and any authorized copies that you make are the intellectual property of and owned by TT. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the TRAINING TUTORIAL and all rights not expressly granted are reserved by TT.

Term

The license is effective until terminated. You may terminate it at any time by destroying the TRAINING TUTORIAL altogether with all copies. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree that upon such termination you will destroy the TRAINING TUTORIAL along with all copies.

Limited Warranty

THE TRAINING TUTORIAL IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

TT does not warrant that the functions contained in the TRAINING TUTORIAL will meet your requirements or that the operation of the TRAINING TUTORIAL will be uninterrupted or error free. However, when the TRAINING TUTORIAL is furnished on a tangible medium, TT warrants the medium on which the TRAINING TUTORIAL is furnished to be free from defects in materials and workmanship under normal use as set forth in the applicable Return Policy.

Limitations of Remedies

TT’s entire liability and your exclusive remedy shall be:

The replacement of any TRAINING TUTORIAL not meeting TT’s “Limited Warranty” which is returned to TT or an authorized TT dealer with a copy of your receipts in compliance with the applicable Return Policy, or

If TT or the dealer is unable to deliver a replacement TRAINING TUTORIAL which is free of defects in materials or workmanship, you may terminate this Agreement by returning the TRAINING TUTORIAL in compliance with the applicable Return Policy.

IN NO EVENT WILL TT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE TRAINING TUTORIAL EVEN IF TT OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

General

You may not sublicense, assign or transfer this license and any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. You may only use the project files for training purposes and for no other purpose whatsoever. You hereby expressly acknowledge and agree that any project files included herein are owned exclusively by TT and/or its third party vendors and nothing in this Agreement confers or implies any ownership rights in such project files to you. This Agreement shall not prejudice the statutory rights of any consumer.

This Agreement shall be governed by the laws of the State of California, excluding that body of law pertaining to conflict of laws. You hereby irrevocably agree that jurisdiction and venue for any dispute arising hereunder shall lie exclusively in a competent court in the County of San Diego, State of California. If any provision of this Agreement is for any reason found to be unenforceable, the remainder of this Agreement will continue in full force and effect. Should you have any questions concerning this Agreement, you may contact TT by writing to:

tt-customercare@totaltraining.com

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Online Subscription Services Warranty

Effective June 1, 2007

The following warranty applies to all online subscriptions of Total Training.’s (“TT”) products purchased directly from and accessed through TT’s website at www.totaltraining.com.

Disclaimer of Warranty

TT’s online subscription services are provided as-is, with all faults, and without warranty of any kind. TT expressly disclaims all warranties, express and implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and title/non-infringement to the full extent permitted by law.

Interruption of Services

While TT shall take all reasonable steps to insure that the online subscription service is available 24/7, TT does not warrant that the online subscription services will meet your requirements, or that the operation of the online subscription services will be uninterrupted or error-free, or that defects in the services will be corrected.

Results

TT does not warrant or make any representation regarding the use or the results of the use of the online subscription services or related documentation in terms of their correctness, accuracy, quality, reliability, appropriateness for a particular task or application, or otherwise. No oral or written information or advice given by TT or its authorized representatives shall create a warranty. You are entirely responsible for and assume all risk for use of TT’s online subscription services.

Security

TT is not responsible for transmission errors or corruption or security of information carried over telecommunication lines.

Exclusive Remedy

If you are dissatisfied for any reason with TT’s online subscription services, your sole right and exclusive remedy is to terminate your subscription, as set forth in the End User License Agreement. No refund of all or any portion of your subscription fee will be given.

TRAINING TUTORIAL LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS TRAINING TUTORIAL. INSTALLING THIS TRAINING TUTORIAL INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Total Training. (“TT”) provides this training tutorial, consisting of the software application, video training files and, where applicable, project files (“TRAINING TUTORIAL”) and licenses its use worldwide. You assume responsibility for the selection of the TRAINING TUTORIAL to achieve your intended results, and for the installation, use, and results obtained from it.

License

You May:

Use the TRAINING TUTORIAL on a single machine;

Copy the TRAINING TUTORIAL into any machine readable form for backup purposes in support of your use of the TRAINING TUTORIAL on the single machine;

You may not modify or alter the TRAINING TUTORIAL in any manner whatsoever; and,

You may not transfer this license to a third party.

You must reproduce and include the copyright notice on any copy.

YOU MAY NOT USE, COPY, MODIFY, OR TRANSFER THE TRAINING TUTORIAL, OR ANY COPY, MODIFICATION OR MERGED PORTION, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS LICENSE. IF YOU TRANSFER POSSESSION OF ANY COPY, MODIFICATION OR MERGED PORTION OF THE TRAINING TUTORIAL TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

Intellectual Property Ownership, Copyright Protection

The TRAINING TUTORIAL and any authorized copies that you make are the intellectual property of and owned by TT. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the TRAINING TUTORIAL and all rights not expressly granted are reserved by TT.

Term

The license is effective until terminated. You may terminate it at any time by destroying the TRAINING TUTORIAL altogether with all copies. It will also terminate upon conditions set forth elsewhere in this Agreement or if you fail to comply with any term or condition of this Agreement. You agree that upon such termination you will destroy the TRAINING TUTORIAL along with all copies.

Limited Warranty

THE TRAINING TUTORIAL IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

TT does not warrant that the functions contained in the TRAINING TUTORIAL will meet your requirements or that the operation of the TRAINING TUTORIAL will be uninterrupted or error free. However, when the TRAINING TUTORIAL is furnished on a tangible medium, TT warrants the medium on which the TRAINING TUTORIAL is furnished to be free from defects in materials and workmanship under normal use as set forth in the applicable Return Policy.

Limitations of Remedies

TT’s entire liability and your exclusive remedy shall be:

The replacement of any TRAINING TUTORIAL not meeting TT’s “Limited Warranty” which is returned to TT or an authorized TT dealer with a copy of your receipts in compliance with the applicable Return Policy, or

If TT or the dealer is unable to deliver a replacement TRAINING TUTORIAL which is free of defects in materials or workmanship, you may terminate this Agreement by returning the TRAINING TUTORIAL in compliance with the applicable Return Policy.

IN NO EVENT WILL TT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE TRAINING TUTORIAL EVEN IF TT OR AN AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

General

You may not sublicense, assign or transfer this license and any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. You may only use the project files for training purposes and for no other purpose whatsoever. You hereby expressly acknowledge and agree that any project files included herein are owned exclusively by TT and/or its third party vendors and nothing in this Agreement confers or implies any ownership rights in such project files to you. This Agreement shall not prejudice the statutory rights of any consumer.

This Agreement shall be governed by the laws of the State of California, excluding that body of law pertaining to conflict of laws. You hereby irrevocably agree that jurisdiction and venue for any dispute arising hereunder shall lie exclusively in a competent court in the County of San Diego, State of California. If any provision of this Agreement is for any reason found to be unenforceable, the remainder of this Agreement will continue in full force and effect. Should you have any questions concerning this Agreement, you may contact TT by writing to:

tt-customercare@totaltraining.com

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.