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Terms and Conditions

The XTRAIN, LLP

-Training Network broadcasts programming (“XTRAIN Programming”) via Internet streaming, as the content may exist from time to time, to individuals (“You” or “Subscriber”) who pay a fee to subscribe to XTRAIN Programming. This entire document and the covenants within (“Agreement”) describe the Terms and Conditions under which Subscriber may receive XTRAIN Programming. By establishing an account or receiving XTRAIN Programming, you agree to be bound by this Agreement and to use XTRAIN Programming in compliance with this Agreement, and our other policies. This Agreement is between you, the Subscriber, and XTRAIN and is separate from any agreement you have made or will make with any Internet service provider. If You do not agree to the Terms and Conditions of this Agreement, including any future revisions, please notify XTRAIN immediately so that your Subscription can be terminated. Continued receipt of XTRAIN Programming indicates your acceptance of this Agreement and any future versions. If you are dissatisfied with XTRAIN Programming or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using XTRAIN Programming and to terminate your account.

Explanation of Free Classes

-Free classes require logging in via xTrain.com's signup form and agreeing to the Terms and Conditions stated below. In order to access any fee based classes you must enroll as a subscriber. If you do not wish to become a subscriber or pay for viewing non-free classes, then you may remain as a FREE account and receive occasional marketing peices from xTrain.com. Addioionally, accepting any promotional materials from xTrain.com (via disk, CDR, DVD, Tradeshow) will automatically include you in an occasional email from xTrain.com.

The Service

- XTRAIN Programming may consist of live programs, taped programs, and may include special programs not produced by XTRAIN (“Content”). You agree that XTRAIN Programming will not be used for commercial purposes by you, and that XTRAIN Programming may not be rebroadcast, transmitted, nor recorded on any other device or medium than on a Digital Video Recorder for personal viewing. No copies of any broadcast may be distributed, sold, given, shown, bartered, auctioned or otherwise transferred from you to another party. Some of the Content is supplied by various third-party companies that are not owned by and/or affiliated with XTRAIN Training Network (“Third Party Provider”). XTRAIN does not explicitly or implicitly endorse or approve such Content. Content is provided for informational and/or educational purposes. XTRAIN Programming and all Content are protected by copyright and other intellectual laws and all ownership rights remain with the information service provider or the third party or XTRAIN, as the case may be. Such actions will result in immediate cancellation of your XTRAIN Programming and may further result in legal action against you by XTRAIN for any and all damages caused to XTRAIN or third parties.

Payment Policies

- You will be charged for XTRAIN Programming and all applicable taxes, fees and other charges (“Subscription Fee”), based on the package which you selected. Your credit card will be automatically charged/debited the day after the expiration of any applicable trial period. Pricing is set by XTRAIN and is subject to change; however, you will be notified in advance of any changes in pricing at which time you may terminate your Subscription if you do not approve of the pricing change. Additional programming options may be available for an extra fee, and will be billed separately from the monthly or annual Subscription Fee. By activating an account and receiving XTRAIN Programming, you affirm that XTRAIN is authorized to charge your credit card or withdraw funds via electronic transfer from your checking account, in advance, for any charges incurred or due to XTRAIN, depending on the package you selected at the time of activation. Should the payment method not be valid at the time of charge, XTRAIN reserves the right to terminate your account. You agree to be billed for and will pay any outstanding balances due XTRAIN at the time of your disconnection from XTRAIN Programming, whether terminated by yourself or XTRAIN. You are responsible and liable for any fees, including attorney and collection fees, that XTRAIN may incur in its efforts to collect any remaining balances from you. You will provide XTRAIN with accurate and complete billing information including legal name, residence address, telephone number and credit card/debit card information, and will report to XTRAIN any and all changes to this information within thirty (30) days of the change. You may contact XTRAIN at the following: a) by phone at 1-866-XTRAIN0, b) written mail to XTrain , Attn: Customer Service – 5010 Addison Circle, Addison, TX 75001, or c) electronic mail to services@XTrain.com. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old.

CANCELLATION and TERMINATION

- XTRAIN reserves the right to terminate your access to the Service at its sole discretion, without notice and without limitation. These Terms may be assigned by XTRAIN; however, these Terms and the XTRAIN account may not be transferred or assigned by you without the written consent of XTRAIN. You agree to abide by the terms of this Agreement, even if your access to XTRAIN Programming is interrupted, intentionally or unintentionally, by Internet access provider or XTRAIN. Your sole recourse in such an event is to cancel your Subscription to XTRAIN Programming. If you are paying on a monthly basis on an annual contract, you may not cancel your XTRAIN Programming until your annual contract has expired. Early termination of an annual contract will result in a penalty of $150 or 50% of the prorated amount, whichever is greater. If you are paying monthly on a month to month basis, you may cancel at any time. Monthly cancellations will not be prorated, but will effectively cancel at the end of the billing period in which the cancel request is made. At any time; if you decide to cancel XTRAIN , you must deliver a written termination notice (via mail or email, return receipt requested) at least ten (10) calendar days before the monthly charge is scheduled to be debited.

CUSTOMER SUPPORT

- XTRAIN will provide service and support with regard to XTRAIN Programming and billing, but is not responsible for supporting or servicing Third Party Providers, software, hardware, installation, satellite service, Internet service, data, news, market information or training content. LIMITATION OF XTRAIN’s LIABILITY - Content has been obtained or developed by a Third Party Provider, however the Content is not guaranteed by XTRAIN or any Third Party Provider and XTRAIN is not responsible for any delays, omissions or inaccuracies in Content. There is no warranty of merchantability, fitness for a particular use, title, non-infringement or other warranty of any kind, expressed or implied, regarding the Content or any aspect of XTRAIN Programming. The Content and XTRAIN Programming are provided on an “as is” “as available” basis. There is no warranty that XTRAIN Programming will meet your needs or that XTRAIN Programming will be uninterrupted, timely, secure or error-free. In no event will XTRAIN or the Third Party Providers be liable to you or anyone else for any consequential, incidental, special or indirect damages (including but not limited to loss of broadcast signal, loss of recordings, prevention of recording, lost income or damages that result from use or the loss of XTRAIN Programming, inconvenience (or delay), even if XTRAIN or the Third Party Provider has been advised of the possibility of such damages or losses.) Neither XTRAIN nor any Third Party Provider shall be liable for any loss resulting from a cause over which such entity does not have direct control, including but not limited to failure of electronic or mechanical equipment, or communications lines (including satellite, telephone, cable and Internet), unauthorized access, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, riot, labor dispute and other labor problems, accident, or action of government.

CHANGES TO SERVICE

- XTRAIN may modify, change or limit the terms of the Subscription, in whole or in part, at any time without prior notice to you. If XTRAIN does notify you of a modification, your use of XTRAIN Programming after the effective date of such notice will indicate your acceptance of the modification. You understand and agree there will be no entitlement to refund because of a change in the Content or XTRAIN Programming. XTRAIN reserves the right to change Internet service providers at XTRAIN’s sole discretion. XTRAIN also reserves the right to change the scope of XTRAIN Programming, the XTRAIN brand, and even the name of the network, at XTRAIN’s sole discretion. XTRAIN may change pricing or fees at any time. If the change affects you, XTRAIN will notify you of the change and its effective date.

From time to time we may send you marketing materials via email. You may opt out at anytime by contacting our support team. We do not share your information with anyone.

WARNING AGAINST PIRACY

- It is a violation of several US federal and state laws to receive XTRAIN Programming, or any portion of such, without paying for it. The penalties for violating such laws can range from imprisonment to civil damage awards of up to $110,000 per violation. GOVERNING LAW - All matters pertaining to this Agreement shall be governed by, construed and enforced under the laws of the State of Texas and Dallas County. The parties herein waive trial by court or jury. Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by mandatory arbitration in accordance with the rules of the American Arbitration Association. Declaratory relief ordering such arbitration, as well as any judgment upon the award rendered by the arbitrator(s), if applicable, shall be entered by the court having jurisdiction thereof. For that purpose, the parties hereto consent to the exclusive jurisdiction and venue of an appropriate court and site for arbitration located in Dallas County, State of Texas. In the event of arbitration, the parties agree that the prevailing party shall not be entitled to receive attorney’s fees, whether or not taxable by the court or arbitrator(s) as costs.

Updated: January 29, 2008