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CAPTION COLORADO L.L.C.

PLEASE NOTE: IN ORDER TO ACCESS, VIEW, OR USE THE ONLINE TRAINING COURSES AND EDUCATIONAL MATERIALS PROVIDED BY CAPTION COLORADO L.L.C. YOU MUST FIRST READ THE FOLLOWING AGREEMENT AND, BY CLICKING ON THE APPROPRIATE BUTTON BELOW, INDICATE YOUR ACCEPTANCE OR REJECTION OF THIS AGREEMENT.

END USER CLICK THROUGH AGREEMENT

1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT. This End User Click Through License Agreement (“Agreement”) is between you (“End User” or “you”) and Caption Colorado L.L.C. (“CC”). This Agreement sets forth the terms and conditions applicable to End User’s access to and use of CC’s online training and education course (“Course”) and related materials (“Materials”). By clicking the acceptance button below and paying for the Course, End User acknowledges that he/she has read this Agreement, understands the Agreement, and agrees to be bound by the terms and conditions set forth herein.

2. GRANT OF LICENSE. CC grants to End User a personal, non-exclusive, non-transferable license to access, view and use the online Course and Materials for End User’s personal education and training. End User may not use the Course or Materials for any commercial purpose. End User shall not duplicate, reproduce, republish, distribute, replicate, sell or download the Course or any Materials (or any portion thereof), except that End User may print one copy of the Course and/or Materials for personal educational and training use in accordance with the license granted herein. CC reserves all rights not expressly granted under this Agreement.

3. Ownership of COURSE AND MATERIALS. CC shall retain all right, title and interest in the Course and Materials, including without limitation all patent rights, copyrights, trade secrets, trademarks, service marks, related goodwill, and confidential and proprietary information. You have no interest in the Course or Materials except as explicitly stated in this Agreement.

4. OWNERSHIP OF END USER POSTINGS

Where expressly authorized in writing, End User may post information, comments and other materials (“Postings”) to CC’s online training website (“Website”) as part of the Course for which End User has paid. End User hereby acknowledges and agrees all such Postings, made available or otherwise transmitted by End User to the Website are public and may be used, reproduced, republished, modified and distributed by CC in any manner it deems appropriate and CC will have absolute discretion to determine how such Posting is used.

5. END USER WARRANTY

End User understands and agrees all information, data, text, images or other materials posted or transmitted to the Website by End User are the sole responsibility of End User. As such, End User warrants and represents that any such material uploaded, transmitted or otherwise made available on the Website by End User are original to End User or that End User has secured all necessary licenses or rights to exploit the material in any manner and allow CC to exploit such material in any manner.

6. Payment. You acknowledge the Course and Materials are only available to paid users. You agree to pay all fees associated with your access to the Course and Materials.

7. RESTRICTIONS. End User MAY NOT reproduce, publish, display, assign, sublicense, rent, lease, distribute, transfer, or otherwise make commercial use of the Website, Course, or Materials. ANY UNAUTHORIZED REPRODUCTION, TRANSFER, REDISTRIBUTION, USE, OR FAILURE TO COMPLY WITH THE ABOVE RESTRICTIONS WILL RESULT IN AUTOMATIC TERMINATION OF THIS LICENSE AND WILL CONSTITUTE GROUNDS FOR CC, IN ITS SOLE DISCRETION, TO TERMINATE END USER’S ACCESS TO THE WEBSITE, COURSE, OR MATERIALS, OR OTHERWISE TAKE APPROPRIATE ACTION AGAINST END USER.

8. DISCLAIMER OF WARRANTIES. END USER ACKNOWLEDGES AND AGREES THAT THE WEBSITE, COURSE AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR NON-STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CC DOES NOT WARRANT THE COURSE, MATERIALS OR WEBSITE ARE ERROR-FREE OR THAT ACCESS TO THE COURSE, MATERIALS OR WEBSITE WILL BE UNINTERRUPTED AND WITHOUT COMPROMISE TO SECURITY SYSTEMS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SOFTWARE PRODUCT IS “AS IS” AND “AT YOUR OWN RISK.”

9. Limitation of Liability. IN NO EVENT WILL CC 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, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE COURSE, MATERIALS OR WEBSITE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF CC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CC’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE COURSE, MATERIALS AND WEBSITE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR ACCESS AND USE OF THE COURSE AND MATERIALS. Because some states/jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitations may not apply to you and you may also have other legal rights that vary from state to state.

10. INDEMNIFICATION. End User shall indemnify, hold harmless and defend CC, its directors, officers, employees and agents from and against any claim, liability or cause of action arising from End User's use of the Course, Materials, or Website, other than in accordance with the terms of this Agreement.

11. SEVERABILITY. In the event that any provision of this Agreement is declared or found to be illegal by any court or tribunal of competent jurisdiction, such provision shall be null and void with respect to the jurisdiction of that court or tribunal and all the remaining provisions of this Agreement shall remain in full force and effect.

12. COMPLETE AGREEMENT. This agreement constitutes the complete and exclusive statement of agreement between End User and CC with regard to End User’s access to and use of the Course, Materials and Website and supersedes any and all prior or contemporaneous representations, proposals, and agreements, verbal or written.

13. BINDING EFFECT OF ELECTRONIC AGREEMENT. You will submit this Agreement electronically and agree the electronic version of the Agreement shall have the same legally binding effect as an original paper version would have.

YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU AGREE, PLEASE PRESS THE “Accept” BUTTON BELOW. IF YOU DO NOT AGREE, PRESS THE “Do Not Accept” BUTTON AND YOU WILL NOT BE PERMITTED TO VIEW OR ACCESS ANY COURSE OR MATERIALS.