- Version date 04/13/06

For use of PRESENT COURSEWARE online services

IMPORTANT: READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, BEFORE USING THE PRESENT COURSEWARE WEB SITE ("Web Site"). YOUR USE OF THE WEB SITE WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS. If this Agreement and the Privacy Policy are not acceptable to you, do not use this Web site .

Acceptance of terms
PRESENT LLC ("PRESENT") makes this Web Site, including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the "Materials") and all services operated by PRESENT and third parties through the Web Site (collectively, the "Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that PRESENT may publish from time to time (collectively, the "Terms of Use").

By accessing or using this Web Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Web Site, you agree to and are bound by the Terms of Use.

PRESENT reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the "Terms of Use" link on the Site's home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

1. Limitations on Use: This Web Site is owned and operated by PRESENT COURSEWARE and is for the user's personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services ("Materials") obtained from this Web site, except that user may view the Web Site content in its present form and user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices. The use of any Materials on any other web site or networked computer environment is expressly prohibited. User recognizes that unauthorized use of Web Site content may subject user to civil or criminal liability.

2. The Materials and this Web Site are the property of PRESENT COURSEWARE or others and are protected by United States copyright law and international copyright treaties. You agree to comply with reasonable requests by PRESENT COURSEWARE to protect PRESENT COURSEWARE.'s contractual, statutory and common law rights in the Materials. Notwithstanding copyright protection of individual elements appearing on this Web site, this Web Site is protected by copyright law as a collective work and/or compilation. You agree to abide by any and all copyright notices, information, or restrictions contained on this Web Site. Permission to use the copyrighted content on this Web Site for commercial purposes must be obtained through the prior written consent of PRESENT COURSEWARE. PRESENT COURSEWARE may withhold its consent for use of the copyrighted content for commercial purposes. PRESENT COURSEWARE will strictly enforce its intellectual property rights under the copyright laws.

3. This Web Site is protected under United States trademark law. The trademarks, tradenames, logos, service marks, product names, and company names (the "Trademarks") appearing on this Web Site are registered and unregistered Trademarks of PRESENT COURSEWARE. All other trademarks, logos, service marks, product names, and company names on this Web Site are the property of their respective owners. Under no circumstances should anything appearing on this Web Site be construed as granting by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed on this Web site. Licenses to use Trademarks appearing on this Web Site may be obtained through PRESENT COURSEWARE prior written consent. PRESENT COURSEWARE may withhold its consent. Misuse of Trademarks or any Materials comprising this Web Site is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on this Web Site. Any copied or downloaded content must retain all trademark and service mark notices. PRESENT COURSEWARE will strictly enforce its intellectual property rights under the trademark laws.

4. The Materials published on this Web Site may include inaccuracies or typographical errors. PRESENT COURSEWARE does not warrant or make any representations regarding the use or the results of the use of the Materials in this Web Site in terms of their correctness, completeness, accuracy, timeliness, reliability, or otherwise.

5. PRESENT COURSEWARE makes no representations about the suitability of the materials contained on this Web Site for any purpose. THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY FOR TITLE, NO WARRANTY FOR NON-INFRINGEMENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS. PRESENT COURSEWARE MAKES NO WARRANTY OR GUARANTY THAT THE MATERIALS OR FUNCTIONS CONTAINED IN ITS WEB SITE MATERIALS ARE ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. PRESENT COURSEWARE MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM USAGE OF THE MATERIALS OR ANY PORTION OF THIS WEB SITE, OR THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE MATERIALS OR ANY PORTION OF THIS WEB SITE. PRESENT COURSEWARE MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.

6 . IN NO EVENT WILL PRESENT COURSEWARE BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE, OR UNAVAILABILITY OF THE WEB SITE), OR FROM THE MATERIALS OBTAINED THROUGH THIS WEB SITE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEB SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF PRESENT COURSEWARE HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

7. You agree to indemnify and hold PRESENT COURSEWARE., its officers, directors, employees, and agents, harmless from and against any and all claims, actions, or demands, losses, liabilities, costs and expenses (including but not limited to attorneys' fees incurred by PRESENT COURSEWARE in connection with your violation of third party's rights) arising from your violation of these terms of service or any third parties rights.

8. This Web Site may contain links to third-party Web sites. The links are provided solely as a convenience to you and not as an endorsement by PRESENT COURSEWARE of the content on such third-party web sites. PRESENT COURSEWARE does not control or guaranty the accuracy or integrity of the content located on linked third-party web sites. PRESENT COURSEWARE is not responsible and assumes no liability for the information, content, or software of linked third-party web sites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party web sites. If you decide to access third-party web sites, you do so at your own risk.

9. You acknowledge that, in providing the Materials on this Web Site, PRESENT COURSEWARE has relied upon your agreement to be bound by this Agreement, and the Privacy Policy. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term. This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than expressly set forth herein. This Agreement and performance hereunder shall be governed by the laws of the State of Florida without regard to conflict of laws provisions, and applied to agreements entered into and completely performed in the State of Florida . Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or Privacy Policy shall be an appropriate State or Federal Court located in palm Beach County , State of Florida . You agree to submit to jurisdiction and venue in any State or Federal Court located in Palm Beach County , State of Florida . This Agreement and Privacy Policy constitute the entire agreement between you and PRESENT COURSEWARE with respect to use of the Web Site.

10. This Agreement is only assignable by PRESENT COURSEWARE.

11.   PRESENT COURSEWARE does not offer refunds for it's products or services.  Management feels that sufficient information is offered to the public on it's website for consumers to make an adequately informed buying decision.  A demo utilizing the PRESENT Player technology is offered to all consumers, to test whether the PRESENT Player works acceptably on their computer.  The PRESENT support staff will make a reasonable effort to assist all customers in working out any technical difficulties they encounter in getting the PRESENT Player to work adequately on one of their PCs.  They will also make a reasonable effort to assist customers in operating the customer accessible service and account administration features of the PRESENT COURSEWARE website.  However, PRESENT COURSEWARE acknowledges that PC configurations vary so widely that it can not and does not guarantee that all features of PRESENT COURSEWARE will work as intended on all PCs and for all customers equally in all circumstances.  Therefore, it is our policy to advise potential customers to confirm, before placing an order for PRESENT COURSEWARE products or services, that our demos do work adequately on their chosen PC.  PRESENT COURSEWARE reserves the right to refuse to issue refunds once an order for it's products or services are placed.