Rev 2/16/2016
Illuminositi, Inc. Web Site Terms & Conditions
Agreement between User and Illuminositi, Inc.
BooqSmart.comTM is owned and operated by Illuminositi, Inc. ("BooqSmart.comTM", "BooqSmartTM", or "we"). This web site ("Site") is intended for personal, noncommercial use. This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of Illuminositi, Inc. BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS ("USERS" OR "YOU") AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT ("AGREEMENT"). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Illuminositi, Inc. reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. This Agreement may not otherwise be amended except in writing signed by both parties. Illuminositi, Inc. incorporates herein, by reference, its Privacy Policy.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN Illuminositi, Inc.'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Table of Contents
PART I: General Terms and Conditions
Copyright Notice
Trademark Notice
Acceptable Use/License
Accounts, Security, Passwords
Privacy Policy
Disclaimer of Warranties
General Limitation of Liability
Indemnification
Third Parties
User Comments, Feedback and Other Submissions
Response to Requests
Links to Other Web Sites and Services
Modification/Termination of Usage
Pricing Errors
Electronic Notification
International Use
Hyperlinks
Miscellaneous
PART II: Educational Services
A. General
B. Education Service Restrictions
C. Refund Policy & Place Your Bid!TM Auction Services
PART I
General Terms and Conditions
Copyright Notice
You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content") and the arrangement and compilation of the Content are intellectual property and copyrighted works of Illuminositi, Inc. and/or its third-party providers including, without limitation, the education, testing, financial, scholarship, news, education resource companies and other educational suppliers that provide education or other services through this Site ("Providers"). Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.
Trademark Notice
BooqSmartTM, BooqSmart.comTM, Place Your Bid!TM & Bid. Save. Learn.TM are registered service marks of Illuminositi, Inc. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Illuminositi, Inc. or a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.
Acceptable Use/License
Illuminositi, Inc. grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, price and availability of educational services), as well as the infrastructure used to provide such content and information, is proprietary to Illuminositi, Inc. or its suppliers and providers. Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your educational itinerary (and related documents) for education or services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Site. In addition, whether or not you have a commercial purpose, you agree not to:
access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Illuminositi, Inc.;
violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
take any action that imposes, or may impose, in the discretion of Illuminositi, Inc., an unreasonable or disproportionately large load on the Illuminositi, Inc. infrastructure; or
deep-link to any portion of this Site (including, without limitation, the purchase path for any educational services) for any purpose without express written permission of Illuminositi, Inc.
deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Site, or any postings which advocate illegal activity.
deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable.
deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
deliver or provide links to, any postings containing defamatory, false or libelous material.
deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means.
obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.
You may only use this Site to make legitimate bids, reservations, purchases or requests to purchase the products or services offered (each, a "Request") and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
Illuminositi, Inc. reserves the right to cancel any Class, Boot Camp or other educational reservation or any other transaction that it reasonably believes to have been fraudulently made, including without limitation, by unauthorized use of a credit or debit card.
Accounts, Security, Passwords
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. Additionally you are entirely responsible for any and all activities that occur under your account. You agree to notify Illuminositi, Inc. immediately of any unauthorized use of your account. Illuminositi, Inc. is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
Privacy Policy
You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Illuminositi, Inc. and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, Illuminositi, Inc. makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Illuminositi, Inc. will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.
Disclaimer of Warranties
UNLESS A PROVIDER HAS AGREED OTHERWISE, ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. Illuminositi, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Illuminositi, Inc. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Illuminositi, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Illuminositi, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
Illuminositi, Inc. IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF RESERVATION ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING VENDOR OR VENDOR LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Illuminositi, Inc., INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, VENDORS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Further, to the extent permitted by law, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with this Agreement nor for any Provider's failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by Illuminositi, Inc. for making a Reservation. Some states, to the extent their law might be deemed to apply notwithstanding the selection of Florida law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
Indemnification
You agree to defend and indemnify Illuminositi, Inc., their affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought (i) by you or on behalf in excess of the liability described above; or (ii) by third parties as a result of:
your breach of this Agreement
your violation of any law or the rights of a third party; or
your use of this Site.
Third Parties
If you use this Site to submit Requests or Reservations for or on behalf of a third-party ("Third-party"), such as a family member or a participating companion or an employee(s), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third-party's or the User's failure to fulfill any of its obligations as described above. You are directly responsible for any Reservation submitted including for total charges and performance obligations.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall be and remain the exclusive property of Illuminositi, Inc. and may be used by a Covered Party in any medium in accordance with our Privacy Policy. By providing your Comments to a Covered Party, you shall be indicating your consent to the Covered Party's use of your Comments. For example, your Comments could be used on this Site and in radio, television, and print advertisements. Your first name, first initial of your last name, and town and state may be used with any Comments you submit. The information and opinions expressed in Comments on this Site are not necessarily those of Illuminositi, Inc. or its content providers, vendors, advertisers, sponsors, affiliated or related entities, and Illuminositi, Inc. makes no representations or warranties regarding that information or those opinions. Illuminositi, Inc. does not represent or guarantee the truthfulness, accuracy, or reliability of any Comments or determine whether the Comments violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted, or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Response to Requests
While Illuminositi, Inc. will use its good faith efforts to respond to Requests or Reservations within the time periods indicated on this Site, no guarantee is made that the status of your Reservation will be made available to you within the stated processing time. None of the Covered Parties is responsible for any errors or delays in responding to a Reservation including, without limitation, error or delays in responding to a Request or Reservation caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
Links to Other Web Sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service, vendor, or resource provider. Illuminositi, Inc. does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Illuminositi, Inc.'s endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.
Modification/Termination of Usage
Illuminositi, Inc. reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Illuminositi, Inc. shall not be liable to you or any third-party for any termination of your access to this Site.
Pricing Errors
We endeavor to publish and maintain accurate prices, national average prices, course description, vendor rating, and information for the services we offer, including but not limited to our Place Your Bid!TM services and "Search School" (CPL) services. Our suppliers and vendors provide us with the price, counter offer pricing, class date availability, and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price, counter offer pricing, class date availability, or with incorrect information due to typographical error or other error in pricing or service information received from our suppliers and vendors, we retain the right to refuse or cancel any orders placed for such service. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled because of incorrect supplier information, we will promptly issue a credit to your credit card account in the amount of the charge.
Electronic Notification
To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.
International Use
Accessing materials on this Site by certain persons in certain countries may not be lawful, and Illuminositi, Inc. makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States.
Hyperlinks
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of Illuminositi, Inc.
Miscellaneous
The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.
This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The internal laws of the State of Florida shall govern the performance of this Agreement. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Lee County, Florida, in all questions and controversies arising out of your use of this Site and this Agreement. To the extent permitted by applicable law, any claim or cause of action arising from or relating to your use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
PART II
Educational Services
A. General
Education Service Limitation of Liability
THE EDUCATION, TESTING, FINANCIAL, SCHOLARSHIP, NEWS, EDUCATION RESOURCE COMPANIES AND OTHER EDUCATIONAL SUPPLIERS THAT PROVIDE EDUCATION OR OTHER SERVICES THROUGH THIS SITE (COLLECTIVELY, "EDUCATION SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A EDUCATION SUPPLIER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A EDUCATION SUPPLIER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR CANCELLATION DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES' CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, RE-SCHEDULES, FAILURE TO MAKE YOUR CLASS, CANCELLATIONS OR ACTS OF ANY GOVERNMENTAL AUTHORITY.
Conditions and Hazards
We have no special knowledge regarding suppliers or vendors, unsafe conditions, health hazards, weather hazards, supplier or vendor bankruptcies, or the suitability for disabled persons. You hereby release the Covered Parties from any claims resulting in whole or in part from any problem covered in this paragraph and any other causes not within our control.
You agree to abide by the terms or conditions of purchase imposed by any Supplier or Vendor, whether that Supplier or Vendor is selected by you or by Illuminositi, Inc., including, but not limited to, payment of all amounts when due and compliance with the Supplier's or Vendor's rules and restrictions regarding availability and use of classes, products, or services. You understand that any violation of any such Supplier's or Vendor's conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any classes, courses, products, or services, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Illuminositi, Inc. debiting your account for any costs Illuminositi, Inc. incurs as a result of such violation. You shall be completely responsible for all charges, fees, taxes, and assessments arising out of the use of this Site.
B. Education Service Restrictions
General
Education Classes available through this Site are subject to the published Terms and Conditions of the Supplier or Vendor, and rules of the applicable Supplier or Vendor. The contract in use by the applicable Supplier or Vendor, when issued, shall be between the applicable Supplier or Vendor and the Student. Suppliers and Vendors retain the right to adjust course offerings, class times and schedules at any time - course offering, class time and schedule changes can result in a re-scheduled class time that falls outside of original Request and Reservation agreements.
Non-Use of Class Segments
You agree not to purchase a Class or Classes containing Courses that you will not be using, such as segments of a "MCSE Track" or "Pre-Requisite Courses". You further agree not to purchase a Class or Classes that you knowingly will not be able to attend due to scheduling or any other conflicts. You acknowledge that the Supplier or Vendor generally prohibit all such Reservations, and therefore we do not guarantee that the Supplier or Vendor will honor your Reservation or Reservations. You agree to indemnify the Covered Parties against Supplier or Vendor claims for the difference between the full price of your actual Class or Classes and the purchased price of the Class or Classes that you purchased.
C. Refund Policy & Place Your Bid!TM Auction Services
In addition, the following restrictions apply to Illuminositi, Inc.'s Place Your Bid!TM auction service:
All Reservations are non-refundable, non-endorsable and non-changeable. At the time your Reservation is accepted, your method of payment will be charged for the amount shown, regardless of whether or not the Class Reservation is used. Credit will not be given for any unused Class Reservations and cannot be used toward any future purchases;
Once a Illuminositi, Inc. Reservation is submitted, it cannot be modified by Illuminositi, Inc. Once a Illuminositi, Inc. Reservation is submitted, it cannot be modified by you unless done so directly with the Supplier or Vendor, if they are willing, and it does not conflict with the Supplier's or Vendor's Terms and Conditions.
THIS CONSTITUES THE ENTIRE TERMS AND CONDITIONS.