Agreement between user and Equipment Reliability Institute
This website is offered to you by Equipment Reliability Institute, 1520 Santa Rosa Avenue, Santa Barbara, California 91109 (referred to as the "Company") on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this website. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS COMPANY'S WEBSITE. YOU MAY NOT ACCESS OR USE THIS WEBSITE UNLESS YOU AGREE TO THEM. By using this website, you acknowledge that you have read the terms, conditions and notices in this Agreement and you agree to accept them. The Company reserves the right to change the terms, conditions and notices under which this website is offered at any time in its sole discretion.

Personal and noncommercial use
This website is for your personal, noncommercial use. You may download and copy information on this website for your own personal use as long as you maintain all copyright and other notices contained therein. You may not download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information, products or services obtained from this website for commercial purposes.

Unlawful and prohibited use
You warrant to the Company that you will not use this website for any purpose that is unlawful or that is prohibited by the terms, conditions or notices in this Agreement and on this website.

Prohibited activities
This Web site contains message boards (forums, communities, bulletin board services), newsletter and other message or communication facilities. You agree not to use the website to:

• Post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the website;
• Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by the Company;
• Disrupt or interfere with the operation of the website or any servers or networks connected to the website service;
• Violate any applicable local, state, national or international law;
• Collect or store personal data about other users.

Use of messages
By posting messages or engaging in other communication to the Company website, you grant to the Company a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against the Company for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.

You alone are responsible for the content of your messages, and for the consequences of any such messages. Please do not post any private information unless you want it to be available publicly. Never assume that you are completely anonymous and cannot be identified.

Equipment Reliability Institute's message board is hosted at Network54.com. Network54.com is a free Internet service owned and operated by the Network54 Corporation of the city of Los Angeles, California. The free Network54 services include a banner advertisement at the top of each page. For more information on Network54 terms and conditions please go to http://www.network54.com.

Use of information
The Company may monitor your use of this website. It may use and disclose any information and material received from you, or collected through your use of the site, for any lawful reason or purpose.

Access restriction
The Company may, in its sole discretion, and without notice, deny any user access to this website or any portion of the site.

Indemnity
You agree to indemnify and hold the Company harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of, are connected with or directly relate to your wrongful or unlawful use of this website or any breach of any representation or warranty made by you in this Agreement.

Links to other web sites
This website contains links to websites operated by parties other than the Company. The links are provided for your convenience only. The Company does not control the websites and is not responsible for the content on such websites. By offering links, the Company is not implying that it endorses anything contained on such websites or has any association with the operators of the websites.

Refund Policy

Closed Courses
If a client has paid for a “closed” or “on site” course and finds two months (or more) ahead of the scheduled dates that the course will not meet on those dates, the course can be rescheduled at a mutually convenient date. If this is learned two weeks to two months ahead of the scheduled dates, a charge of 10% will be levied. If this is learned less than two weeks ahead of the scheduled dates, a charge of 50% will be levied.

“Open” Courses
If a client has paid for attendance at an “open” or “public” course and for some reason cannot attend, he or she can (1.) send a substitute or (2.) can attend a later session in that calendar year without further charge.

Distance Learning/Reference Edition CDs and DVD Lessons
There will be no refund made, once training materials have been shipped.

Books
There will be no refund made, once a book has been shipped.

Liability disclaimer
Information or advice received from this website should not be relied upon for personal, medical, legal, technical or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. THE COMPANY , ITS AFFILIATES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS WEBSITE. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND ITS SUPPLIERS AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING SENTENCE, THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE. THE COMPANY AND ITS SUPPLIERS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

Relationship
You acknowledge and agree that communications and transmission to and from the Company website are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and the Company other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or use of this website.

General
This Agreement is governed by the laws of the United States and of the State of California. You consent to the exclusive jurisdiction and venue of courts in Santa Barbara County, California USA in all disputes arising out of, or relating to, use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this website and this Agreement, including this paragraph.

In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms.

This Agreement contains the entire understanding and agreement of the parties with respect to the use of this website. It supersedes all prior oral or written understandings and agreements relating to use of this website. Company's waiver of any provision of this Agreement shall not be deemed to waive it for the future.

Copyright and trademark notices:
All contents of this website are Copyright © 2000 - 2002 Equipment Reliability Institute. All rights are reserved. Equipment Reliability Institute, ERI and other names of Equipment Reliability Institute's products and/or services referred to on this website are trademarks or registered trademarks of Equipment Reliability Institute. Other product and company names mentioned on this website may be the trademarks of their respective owners.