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Terms of Use

Effective Date: January 1, 2009

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE(“TOU”) BEFORE USING THE WEB SITES, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. Sandman Enterprises, Ltd. and www.universityforbusiness.com, (“Company” or “we,” “our,” or “us”) owns or controls, and provides access to, several interactive web sites (however accessed and/or used) and other interactive features, including online educational material, that are accessible or downloadable through the web sites owned or controlled by Company that link to these TOU (collectively, “Web Sites”). THESE TOU GOVERN YOUR USE OF THE WEB SITES. You agree to these TOU by accessing or using the Web Sites, registering for services or purchasing products offered on the Web Sites, or by accepting, uploading, submitting or downloading any information or content from or to the Web Sites. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TOU, DO NOT USE THE WEB SITES.

1) Acceptance of Terms

Your use of the Web Sites and any product available therefrom is subject to these TOU, which may be updated by us from time to time without notice to you. It is important for you to refer to these TOU from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these TOU. Your use of the Web Sites as well as the purchase of any product or service from the Web Sites constitutes your acceptance of these TOU.

2) Legal and Accounting Disclaimer

www.universityforbusiness.com IS NOT YOUR ACCOUNTANT, CPA, ATTORNEY, OR LEGAL SERVICE, AND DOES NOT PRACTICE ACCOUNTING OR LAW AND DOES NOT GIVE ANY ACCOUNTING OR LEGAL ADVICE. This site is not intended to create any type of professional-client relationship, and by using the Web Sites or purchasing any product or service from the websites, you agree that you understand that www.universityforbusiness.com is not engaged in rendering any professional services. You further understand and agree that the only use for which the Web Sites or any product or service offered thereon is solely for general, educational purposes, and should never be relied upon for any specific or individual set of circumstances.

The law is different from jurisdiction to jurisdiction, is subject to interpretation by different courts, and can change rapidly. Each person or entity’s situation is unique. If you feel that you require accounting or legal advice, you should consult an accountant or attorney in your area.

The products and services offered by the Web Sites are educational in nature, however by purchasing and/or using any product or service offered by Web Sites or Company, you understand and agree that www.universityforbusiness.com and Company are not accredited academic or educational institutions of any type, nor is it anticipated that they will become accredited as an academic or educational institution of any type at any time in the future. The full benefit of any product or service derived from the Web Sites and Company is personal only, and has no direct commercial or professional impact or intended purpose(s).

3) Intellectual Property Ownership; License

The past, present, and future Web Sites content, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Web Sites, including without limitation, the appearance of the Web Sites and any product or service available for purchase from the Web Sites (collectively, “Content”) are protected by applicable copyrights and other proprietary rights and are property of Company, its parent, subsidiaries, affiliates, licensors, and assigns. Except as expressly set forth in these TOU or otherwise expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly, of the Content is strictly prohibited. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Sites. Copying, archiving or storing any part of the Web Sites for a purpose that is not permitted by these TOU is expressly prohibited without prior written permission from Company or the applicable copyright holder as identified on the Web Sites.

Subject to your strict compliance with these TOU, upon purchase of any product or service offered by the Web Sites, Company grantes you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, use and/or play a single copy of the Content (excluding source and object code), provided that you: (i) retain all trademark, copyright and other proprietary notices contained in the original Content or any copy you may make of the Content; (ii) do not allow or aid or abet any third party (whether or not for your benefit) to copy or adapt the object code of the Web Sites’ software, HTML, JavaScript, or other code; reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Web Sites create to generate its web pages; or any software or other products or processes accessible through the Web Sites; and (iii) do not insert any code or product to manipulate the Content in any way that affects any user’s experience.

4. Disclaimers/Limitation of Liability

YOU UNDERSTAND AND AGREE THAT COMPANY LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITITES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITES, THE CONTENT, OR YOUR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ERRORS OR OMISSIONS IN THE WEB SITES’ TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED TEN DOLLARS ($10.00).

5. Indemnity

You agree to defend, indemnify and hold harmless the Company with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorney’s fees arising out of or in connection with this TOU, including, without limitation: (a) your use of the Web Sites; (b) your violation of these TOU or any law, rule or regulation; or (c) your use of the Content. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Notwithstanding the foregoing, Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Company herein under the terms and provisions of this Section 5 and in no event shall you settle any such claim without Company’s prior written approval.

6. Governing Law

THESE TOU AND THE INTERPRETATION OF THESE TOU SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.

7. Jurisdiction and Venue

Any controversy or claim arising out of or relating to these TOU and/or the Web Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of North Carolina, in the City of Asheville, County of Buncombe, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section Seven of these TOU and/or for entering any judgment on an arbitration award, shall take place in the State of North Carolina, in the City of Asheville, County of Buncombe. You waive the defense of forum non conveniens.

8. Termination

You understand and agree that Company will determine your compliance with these TOU in its sole discretion. Company reserves the right to deny access to all or part of the Web Sites and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of these TOU may be referred to law enforcement authorities. Upon termination of your user account or access to the Web Site, or upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation.