THE EARNERSGUILD.COM COMPUTER BASED TRAINING WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY SUBSCRIBING TO THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS EARNERSGUILD.COM MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. Our Contact Information.

Address
Earners Guild Inc.
344 Hauser Blvd Apt 302, Los Angeles, CA 90036

Customer Service
Visit: http://earnersguild.helpserve.com/

2. Definitions.

* "EarnersGuild.com," "Website," or "Site" refers to the website maintained on the World Wide Web by EarnersGuild.com. available at http://www.EarnersGuild.com
* "Computer Based Training" or "CBT" means the subscription-based database of audiovisual works that is available through EarnersGuild.com and is part of EarnersGuild.com.
* "User" refers to any party who accesses the Site including the CBT.
* "Subscriber" refers to any party who accesses the Computer Based Training.
* "Access" means accessing, viewing the content or otherwise obtaining information located at the Computer Based Training.
* "Agreement" refers to these terms and conditions of use and any subsequent modification.

3. Acceptance of Terms.

Please carefully read the following Terms of Use and Disclaimers before accessing and using EarnersGuild.com and the CBT. By Accessing the Computer Based Training via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Agreement.

EarnersGuild.com. reserves the right to modify these terms of use at any time without notice to User. Any change in these terms of use is effective immediately upon User's receipt of notice from EarnersGuild.com. Notice can be given through e-mail, posting on the Site or any other means by which User may obtain notice. Users agrees to periodically check these terms of use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms of use.

User is solely responsible for providing the equipment related to Accessing the Site, including all computer, remote communications equipment, telephone or other equipment.

4. Authorized Use.

EarnersGuild.com. hereby grants to You a non-exclusive license to use and Access the content and information available at the CBT according to the provisions contained herein and subject to the payment of the applicable subscription fees and adherence to the terms of the this Agreement.

5. Fees.

The rights granted under this Agreement are effective only upon payment of the subscription fees, which are strictly non-refundable other than as expressly provided herein. The term "monthly subscription" is defined as any 30 day period. Subscriber's subscription to the service will be automatically renewed upon expiration of the initial term, unless the membership is cancelled. Monthly membership renews at the monthly rate if the subscriber has not cancelled 24 hours prior to expiration.

6. Access to the CBT.

EarnersGuild.com. strives to provide the CBT to its Subscribers on a continuous basis. To that end, EarnersGuild.com. will take all commercially reasonable efforts to provide uninterrupted Access to the CBT to its Subscribers. However, from time to time, Subscribers may be unable to Access the CBT due to conditions beyond EarnersGuild.com.'s control. Such conditions include, but are not limited to: Force Majeure or Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the CBT to its Subscribers, EarnersGuild.com. will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially reasonable shall be determined solely by EarnersGuild.com.

EarnersGuild.com. endeavors to provide the highest quality content to its Subscribers. To that end, EarnersGuild.com. reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site and the CBT, including, without limitation, the content, availability, Access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.

7. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following:

1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site; adversely affects EarnersGuild.com.'s computers or databases;
2. Otherwise engage in any action which EarnersGuild.com. determines is detrimental to the use and enjoyment of the Site.
3. Capture, download, save, upload, otherwise retaining information and content available on the CBT other than what it expressly allowed by the terms of this Agreement;
4. Permit or provide others Access to the CBT using Your username or password or otherwise.
5. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
6. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site;
7. Transfer the Site content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Site content; "deep link" to the Site content;
8. Violate EarnersGuild.com.'s security mechanisms, Access any data or server You are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way;
9. Engage in any other conduct which violates the Copyright Act or other laws of the United States.
10. Use any device or other means to harvest information about other Users.

In order to ensure that Users of the Site do not engage in Prohibited Conduct, EarnersGuild.com. reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the CBT to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the CBT beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the CBT and will result in revocation or denial of Access to the CBT. The terms "normal patterns" and "abuse" shall be determined solely by EarnersGuild.com.
8. Warranties.

EarnersGuild.com. warrants that the software that allows Users to Access the CBT ("Software"), if operated as directed, will substantially achieve the functionality described. EarnersGuild.com. does not warrant, however that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure.

EarnersGuild.com. also warrants that the media containing the Software, if provided by EarnersGuild.com., is free from defects in material from the date You acquired the Software. EarnersGuild.com.'s sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace Your defective media or Software; or (ii) to advise You how to achieve substantially the same functionality with the Software as described; or (iii) if the above remedies are impracticable, to refund the subscription fee You paid for the Software. Only if You inform EarnersGuild.com. of Your problem with the Software within thirty (30) days of discovering the problem will EarnersGuild.com. be obligated to honor this warranty. EarnersGuild.com. will use commercially reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described.

Although EarnersGuild.com. has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

9. Disclaimer and Limitation of Liability.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EARNERSGUILD.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT EARNERSGUILD.COM. RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL EARNERSGUILD.COM. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT EARNERSGUILD.COM. RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF EARNERSGUILD.COM. SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF EARNERSGUILD.COM., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. EARNERSGUILD.COM. IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF EARNERSGUILD.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.

10. Third Party Content.

You acknowledge that EarnersGuild.com. does not pre-screen third party materials. EarnersGuild.com. is not the publisher or speaker of any information on the Site that is provided by third party content providers, and EarnersGuild.com. is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by EarnersGuild.com. EarnersGuild.com. assumes no responsibility for those products or services.

EarnersGuild.com. may contain links and references to other third party websites and materials. EarnersGuild.com. does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. EarnersGuild.com. does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. EarnersGuild.com. reserves the right to terminate any link or remove any reference found on the Site at any time.

EARNERSGUILD.COM. MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, EARNERSGUILD.COM. DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

11. Copyrights and Trademarks and other Proprietary Rights.

EarnersGuild.com. or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by EarnersGuild.com. or a third party who licensed the right to use such content to EarnersGuild.com. Unless otherwise expressly noted, nothing that You read or see on the Site or in the CBT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of EarnersGuild.com. except as provided in this Agreement.

12. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless EarnersGuild.com. and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's Prohibited Conduct or other improper or illegal use of the Site.

13. Security.

Users are prohibited from violating or attempting to violate the security of the Site. EarnersGuild.com. will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Computer Based Training. In order to protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site.

14. Termination of Agreement.

In addition to EarnersGuild.com.'s other rights, it may terminate this Agreement at any time and at its discretion. EarnersGuild.com. may also terminate Access to the CBT or cancel subscriptions to the CBT without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, engaged in conduct that EarnersGuild.com. deems inappropriate, for its convenience or for any other reason.

In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 6, 8, 10, 11, 12, 13, 14, and 17 shall survive. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.

15. Privacy Statements.

EarnersGuild.com. values Your trust. In order to honor that trust, all of EarnersGuild.com.'s employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information EarnersGuild.com. collects is: name, address, city, state, postal code, telephone number, and e-mail address. EarnersGuild.com. does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified EarnersGuild.com. employees. Third parties who need access to EarnersGuild.com. User information in order to provide operational or other support services are required by EarnersGuild.com. to comply with our high standards of security. We gather only the User information that is needed to administer our business and enhance and improve our services.

16. Miscellaneous.

These terms of use constitute the entire agreement between EarnersGuild.com. and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between EarnersGuild.com. and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of this Agreement, EarnersGuild.com. may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. EarnersGuild.com.'s remedies are cumulative and not exclusive. Failure of EarnersGuild.com. to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. EarnersGuild.com. makes no representation that the content of the Site is appropriate or available for use in all locations.

17. GOVERNING LAW AND DISPUTE RESOLUTION:
This Agreement is governed by the laws of the State of California, without regard to principles of conflict of laws. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Los Angeles, California. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Los Angeles, California, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.