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Terms of Service

1. IMPORTANT INFORMATION

These terms and conditions (“Terms”) are an agreement between Clay and Associates, Inc., dba NetSpeed Learning Solutions (“NetSpeed”) and you, an individual or entity. Your acceptance of these terms indicates that you have read and agreed to these Terms.

Our website grants you access the Content for your use in accordance with these Terms.

a) UNAUTHORIZED USE
You may not make copies of NetSpeed Learning Solutions Content for the purpose of making any modification, resale or any other distribution of the Content to any other individual who is not currently a registered Fast Tracks user without prior written consent from NetSpeed.

b) ASSIGNABILITY
You may not sub-license, assign, or transfer access to this content to any other individual nor a corporate license to any other organization without prior written consent from NetSpeed.

c) OWNERSHIP
You may not claim ownership of any of the NetSpeed Learning Solutions Content found at this web site or at any other NetSpeed-affiliated web site. The NetSpeed Fast Tracks web site is owned by NetSpeed.

2. TERMINATION FOR FRAUD

Corporate site licenses may be suspended or terminated if NetSpeed suspects that the subscription or license was obtained fraudulently, for any misappropriation of NetSpeed property or for any violation of these Terms.

3.  DISCLAIMER

NETSPEED DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE CONTENT AND ITS WEBSITE. NETSPEED’S ENTIRE LIABILITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS OR ACTIONS RELATING TO ANY CONTENT PROVIDED HEREUNDER, ANY RELATED SERVICES OR ANY PROVISIONS OF THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED THE FEES PAID TO NETSPEED BY YOU OR YOUR ENTITY DURING THE TWELVE-MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. NETSPEED DOESN’T WARRANT OR PROMISE ANY PARTICULAR RESULT BASED ON THE USE OF THE CONTENT OR ITS WEBSITEAND IN NO EVENT SHALL NETSPEED BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES.

NetSpeed bears no responsibility or liability for any damages or any other legal relief to individuals, their organization or to third parties for any actions taken by any individual (including employees, managers, agents or third parties of the individual's organization) where such action was based in part or in whole on the Content.

4. THIRD-PARTY SERVICES

NetSpeed may use third parties to provide the Content and services accessible through the web site. NetSpeed does not control those third parties or their services, and you agree that NetSpeed will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies and you must comply with such terms and policies as well as these Terms.

5. MISCELLANEOUS

These Terms shall be governed by the laws of the State of Washington, and any claims or disputes shall be resolved by binding arbitration in Seattle, Washington under the then applicable rules of the American Arbitration Association. Notwithstanding the foregoing, either party may seek equitable relief in any court in King County, Washington, having jurisdiction. The prevailing party shall be entitled to receive all costs and expenses incurred.  If any provision of this Agreement shall be held by a court or arbitrator to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.  In the event of any conflict between these Terms and any signed agreement, the signed agreement shall be controlling. 

NetSpeed reserves the right to change or modify these Terms and such modification shall take effect upon posting.