AnimationWorkshops.com
Terms and Conditions of Use

THE AnimationWorkshops COMPUTER-BASED-TRAINING WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY SIGNING THE ENROLLMENT AGREEMENT AND USING THE AnimationWorkshops WEBSITE, 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 AnimationWorkshops 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.

AnimationWorkshops:
435 239-5160
admin@animationworkshops.com
Hours of operation: 9 am - 5 pm Mountain Standard Time

2. Definitions.

3. Acceptance of Terms.

Please carefully read the following Terms of Use and Disclaimers before accessing and using AnimationWorkshops 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.

AnimationWorkshops 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 AnimationWorkshops. Notice can be given through e-mail or posting on the Site. Users agree 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, headphones, microphone, or other equipment.

User is solely responsible for purchasing licenses of 3D animation software.

4. Authorized Use.

AnimationWorkshops 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 tuition and 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 tuition and fees, which are non-refundable other than as expressly provided here or in the current AnimationWorkshops catalog, provided at AnimationWorkshops.com. The term "monthly subscription" is defined as any 30 day period. The term "term" is defined as an 11-week period of instruction between the dates outlined in the current official AnimationWorkshops site, on the Policies page.

Each course lasts a term of 11 weeks. Prices are listed in U.S. dollars. If Users do not pass a class, AnimationWorkshops strongly recommends they retake that course (at their own expense) before continuing to a more advanced workshop.
There is a one-time application fee of $50, which is non-refundable under most scenarios.
Users must supply their own computer hardware and 3D animation software.
  1. For Users paying monthly, their access to the service will be automatically renewed upon expiration of the initial month, until the registered Workshop ends unless the User registers for additional workshops, in which case the monthly charges continue.
  2. For Users paying per term, their access is granted for the current term. To register for classes for the upcoming term, Users pay for that next term.
Refunds, Withdrawal, Cancellation
After registering for a workshop, Users have three business days to change their mind and withdraw from the Workshop.
They are eligible for a full refund of workshop fees paid, including the otherwise non-refundable registration fee.
After the three day period, Users may withdraw before they participate in Animation Workshop classes until one week before classes begin, for a full refund, minus the non-refundable registration fee.
Users registering for a workshop in a term need to stay with the class during that term, regardless of how their schedules change, or their situations otherwise change. When they enroll in a term, they should be sure that they can fully commit, and complete that term. Users should be sure to have the time and resources to fully participate for the 11 weeks. If unsure about their ability to participate, Users have until just before the term begins to withdraw.
At any point in a term: Once enrolled in a term, Useres have until that term begins to opt out. During the first week of a term, Users can withdraw from the term or Workshop but because Animation Workshops has already employed their instructors for the term, Users are obligated to pay 1/3 of the cost for the term, even if they cannot participate in the term.
After the first week of a term ends, 11:59pm Saturday Mountain Time, or after having accessed or downloaded the animation rigs or class materials for the workshop, Users can withdraw but are obligated to pay 2/3 of the agreed-upon fees for the term.
While a term is underway, after the first week, Users wanting to switch out of a term and re-enter next term may do that, but as stated will forfeit at minimum 2/3 of the tuition for that term. If it is beyond the 7th week of the term, there is no credit issued; the full cost is charged.
At any point during a term, Users may withdraw from an Animation Workshop. Regardless of the payment method, Users are obligated to pay for that term’s fee, according to the policies described. If they have paid for the term already, (after the first week) they may be eligible for a maximum refund of 1/3 of the cost for the term, minus a $75 withdrawal fee. (If it is beyond the 7th week of the term, there is no credit issued). (This assumes additional class sessions were not attended after the withdrawal request). Registration or other fees will not be refunded. Withdrawal can be initiated by emailing: admin@animationworkshops.com with a clear request for withdrawal. Any cancellation or withdrawal refund payments will be issued within 60 days.
Refunds are calculated based on the term week of the stated withdrawal request (assuming no additional classes were attended after the request or Site assets accessed or downloaded), beginning Sunday midnight and ending Saturday before midnight Mountain Time, communicated via email.
Payments
New Users must pay before the term begins, in order to enroll. Enrolled Users must keep their payments current to maintain status at Animation Workshops and retain access to the User website and assets. To register in a particular class for the following term, existing Users must be current with their fees.
Existing Users must pay for the upcoming term by the 25th of the month before classes start. Users who fail to pay within 7 days of that date will be subject to a $35 late fee and have their access restricted to the User website. Users should then call or email the Payments Department, at payments@animationworkshops.com to bring their account current and resume active status. If Users need to arrange a different due date, the Payments Department can work with them as long as it is within the seven day grace period. Existing Users who fail to pay for the current term must contact the Payments Department and arrange payment to avoid having their account suspended.
Users on the monthly payment option must maintain a valid credit or debit card on the account. Monthly payments will be withdrawn automatically on the 25th of each month. If a card is declined during the attempt at processing, the User will be notified by email and they will have seven days to make a manual payment on the Animation Workshops website, or be assessed a $35 late fee. If Users need to arrange a different date for the automatic payment, the Payments Department can arrange that as long as it is within the seven day grace period. Following the seven days, monthly payment Users must contact the Payments Department at payments@animationworkshops.com to arrange payment and avoid having their account suspended.
Users paying monthly must pay a Class Deposit, which is equal to the monthly fee payment amount. This deposit is due at the time Users register for a class. The first monthly tuition payment will be then be due the 25th of the month before classes start, regardless of the time between payments. The 2nd payment will be due the 25th of the following month, and the Class Deposit will then be credited to the last month of the term or last month of workshop participation. If Users get that deposit refunded, then wish to take another workshop the following term, they will need to pay another Class Deposit. A $35 late fee will be assessed if any of these payments are not paid within seven days of the payment due date. If Users need to arrange a different date for the automatic payment, the Payments Department can arrange that as long as it is within the seven day grace period. Following the seven days, monthly payment Users must contact the Payments Department at payments@animationworkshops.com to arrange payment and avoid having their account suspended.

6. Residency.

Given the nature of the Internet, even though the Site is targeted to U.S. residents only, it may be accessed in other parts of the world. If you are not a U.S. resident and use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of AnimationWorkshops) to make sure that your use of the Site complies with all applicable local laws. IF YOU ARE NOT A U.S. RESIDENT , BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE U.S., AND TO THE PROCESSING OF SUCH DATA ON AnimationWorkshops's U.S. SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY U.S. LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.

7. Site Use by Minors.

You affirm that the User possesses legal parental or guardian consent, or is more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that the User has reached the age of 13 by the time of the start of their first Workshop.

The User's parent or guardian must digitally sign the enrollment agreement with the User.

If we receive a complaint which states that a user of the site is under 13 years of age, we will comply with the requirements of the Children's Online Privacy Protection Act of 1998 ("COPPA").

8. Access to the CBT.

AnimationWorkshops strives to provide the CBT to its Users on a continuous basis. To that end, AnimationWorkshops will take all commercially-reasonable efforts to provide uninterrupted Access to the CBT to its Users. However, from time to time, Users may be unable to Access the CBT due to conditions beyond AnimationWorkshops'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 Users, AnimationWorkshops 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 AnimationWorkshops.

AnimationWorkshops endeavors to provide the highest quality content to its Users. Accordingly, AnimationWorkshops reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of the 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.

9. 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 AnimationWorkshops's computers or databases.
  2. Otherwise engage in any action which AnimationWorkshops 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 these Terms.
  4. Permit or provide others Access to the CBT using Your username or password or otherwise.
  5. Copy, modify, reverse engineer, disassemble, redistribute, publish, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, videos, information, text, graphics, source code or HTML code, characters, tools, sample files, User assignments and uploads, 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; or "deep link" to the Site content.
  8. Violate or attempt to violate AnimationWorkshops'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 (such as a 'web crawler' or other automatic retrieval mechanism) or other means to harvest information about other Users or the site.
  11. Use the Site to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
  12. Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by the Site.
  13. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site, verbal or visual; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  14. Advertise or otherwise solicit funds, goods or services on the Site.

In order to ensure that Users of the Site do not engage in Prohibited Conduct, AnimationWorkshops 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 may constitute abuse of the CBT and may result in revocation or denial of Access to the CBT. The terms "normal patterns" and "abuse" shall be determined solely by AnimationWorkshops. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

10. Warranties.

AnimationWorkshops warrants that the software that allows Users to Access the CBT ("Software"), if operated as directed, will substantially achieve the functionality described. AnimationWorkshops 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. AnimationWorkshops PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.

AnimationWorkshops also warrants that the site Software, if provided by AnimationWorkshops, is free from defects in material from the date You acquired the Software. AnimationWorkshops's sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace Your defective 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 tuition and fees You paid for the Software. Only if You inform AnimationWorkshops of Your problem with the Software within thirty (30) days of discovering the problem will AnimationWorkshops be obligated to honor this warranty. AnimationWorkshops 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 AnimationWorkshops 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.

11. 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 AnimationWorkshops 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 AnimationWorkshops 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 AnimationWorkshops BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT AnimationWorkshops RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF AnimationWorkshops 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 AnimationWorkshops, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. AnimationWorkshops IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

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

12. Third Party Content.

You acknowledge that AnimationWorkshops does not pre-screen third party materials, including but not limited to assignments and uploads from other Users. AnimationWorkshops is not the publisher or speaker of any information on the Site that is provided by third party content providers, and AnimationWorkshops 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 AnimationWorkshops. AnimationWorkshops assumes no responsibility for those products or services.

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

AnimationWorkshops 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, AnimationWorkshops DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

13. Copyrights and Trademarks and other Proprietary Rights.

AnimationWorkshops 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, 3D characters, training content, 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 AnimationWorkshops or a third party who licensed the right to use such content to AnimationWorkshops. 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 AnimationWorkshops except as provided in this Agreement or expressly allowed in the course of class interaction.

The User owns any original pictures and videos you post (e.g. drawings, reference video), but AnimationWorkshops may use them for our educational or promotional purposes, anywhere in the world. Imagery, videos and digital content created and/or uploaded by the user created using AnimationWorkshops assets (e.g. character rigs, tools) are owned by AnimationWorkshops and AnimationWorkshops may use them for our educational or promotional purposes, anywhere around the world. User may use imagery, videos and digital content created through their allowed use of Workshops assets for purposes of self-promotion and personal porfolio unless in a specific instance of prohibition by AnimationWorkshops such as in the case of objectionable content, or breaking of the Terms of Use.

14. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless AnimationWorkshops 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.

15. Security.

Users are prohibited from violating or attempting to violate the security of the Site. AnimationWorkshops 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.

16. Termination of Agreement.

In addition to AnimationWorkshops's other rights, it may terminate this Agreement at any time and at its discretion. AnimationWorkshops 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 AnimationWorkshops 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 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17 shall survive. Your obligations to pay outstanding tuition and fees shall survive any termination of this Agreement.

17. Privacy Statements.

All of AnimationWorkshops'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 AnimationWorkshops collects is: name, address, city, state, postal code, telephone number, and e-mail address. AnimationWorkshops does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified AnimationWorkshops employees. We gather only the User information that is needed to administer our business and enhance and improve our services.

You acknowledge that AnimationWorkshops may process and store your personal data in relation to the acceptance of and management of your User account and transcript data, and in some cases the transfer of some of your personal data to 3rd party services or resources. Your personal data will never be sold or given to any 3rd party service for marketing purposes.


AnimationWorkshops may, but has no obligation to, remove, edit, block and/or monitor anything posted to the Site or our social media accounts.

You have the right to withdraw your consent to the processing of your personal data at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

AnimationWorkshops is required to maintain a permanent record of all transcripts of Users that have attended AnimationWorkshops. As such withdrawal of your consent to process your data will not remove your data from our permanent records, your account will be locked and no further processing of your personal data will occur.

You have the right to:

-Request a copy of the Personal Data AnimationWorkshops has received from you.
-Correct any information that AnimationWorkshops has about you.
-Delete information that AnimationWorkshops has about you, with the exception of data that is part of your transcript or Academic records, which AnimationWorkshops is required to permanently maintain.

If you are using our serviced from outside of the United States, please be aware that you are sending information (including Personal Data) to the United State or back out of the United state to other Countries outside of your country of residence, depending on the type of Information and how it is stored by us. These Countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy.

If you have any additional questions about AnimationWorkshops's Collection and storage of your personal data, you may contact us at:

AnimationWorkshopsAttn: Data Protection Officer

435 239-5160

admin@animationworkshops.com

18. Miscellaneous.

These terms of use, in conjunction with the Enrollment Agreement, constitute the entire agreement between AnimationWorkshops and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between AnimationWorkshops 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, AnimationWorkshops may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. AnimationWorkshops's remedies are cumulative and not exclusive. Failure of AnimationWorkshops 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. AnimationWorkshops makes no representation that the content of the Site is appropriate or available for use in all locations.

19. GOVERNING LAW AND DISPUTE RESOLUTION:

This Agreement is governed by the laws of the State of Utah, 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: Salt Lake City, Utah. 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: Salt Lake City, Utah, 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.