Mensch! training - Terms and conditions

Terms and conditions

BY USING MENSCH! TRAINING ONLINE SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS MENSCH-TRAINING.COM MAY MAKE AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. Contact Information.
Address Mensch-Training. Distelachterstraat 20, 1031 XA Amsterdam, The Netherlands Customer Service Email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Telephone: +32 651927446 Website: www.mensch-training.com

2. Definitions.

'Access' or 'Accessing' means accessing, using, viewing the content or otherwise obtaining information on www.mensch-training.com.
'Agreement' or 'Terms' refers to these Terms and Conditions of Use and any subsequent modifications.
"Additional Material" refers to the Additional Material prepared by the authors for use with the training videos and other media.
'mensch-training.com' refers to Mensch! Training., a Dutch corporation.
'Multi-User Subscriber' refers to a Subscriber who purchases a subscription for multiple Users to the Web-based training course(s)s.
"Web-based training course(s)s" or"Web-based training course(s)"means the subscription-based database of audio-visual works that is available through www.mensch-training.com and is part of www.mensch-training.com.
'Premium Content' means the training videos and other media available on the Web-based training course(s), including the Additional Material.
'Standard Content' means the training videos and other media available on the Web-based training course(s), excluding the Additional Material.
'Single-User Subscriber' refers to a Subscriber who purchases a subscription to the Web-based training course(s)s for one (1) User.
'Subscriber' refers to any person or entity that purchases or uses a subscription to the Web-based training course(s), and may be a Single-User Subscriber, Multi- User Subscriber or gift subscription recipient.
'User' refers to any party who accesses www.mensch-training.com. If You are accessing www.mensch-training.com as an employee or agent of another, 'User' refers to You and Your principal.
'Website' or 'Site' refers to the website maintained on the World Wide Web by Mensch Training, available at http://www.MENSCH-TRAINING.COM and http://www.MENSCH-TRAINING.NL, and includes all the Web-based training course(s)s.
'You' or 'Your' refers to the User. If You are Accessing www.mensch-training.com as an employee or agent of another, 'You' or 'Your' refers to the User and the User's principal.

3. Modification of Terms.

MENSCH-TRAINING.COM reserves the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after MENSCH-TRAINING.COM gives notice to the User. Notice can be given through e-mail, a posting on www.mensch-training.com or any other means by which a User may obtain notice. User agrees to check www.mensch-training.com periodically for changes to these Terms. Any use of www.mensch-training.com after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

4. Limited License.

MENSCH-TRAINING.COM hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available in all the Web-based training course(s) according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Whether the Subscriber receives a license to the Premium Content or Standard Content depends on the subscription plan. Each Multi-User Subscriber may only allow its employees and agents to access the Web-based training course(s). If the Multi-User Subscriber's license terminates, the Multi-User Subscriber's employees and agents shall no longer have Access to the Web-based training course(s). Each Multi-User Subscriber agrees that the Web-based training course(s) may not be Accessed by more than the authorized number of Users purchased by the Multi-User Subscriber. Each User shall be authorized to Access the Web-based training course(s) from any Internet connection. A Multi-User Subscriber administrator selected by the Subscriber (the 'Administrator') shall be designated to oversee and be responsible for management of the User accounts.

5. Fees; Renewal; Refund Policies.
Single-User Subscribers
Per Two Days (Trial)

Access to selected Standard Content
Subscription plan based on two days (48 hours) access
Fees charged on subscription date
Subscription fees are non-refundable
MENSCH-TRAINING.COM may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information
MENSCH-TRAINING.COM may terminate the subscription and these Terms if and when misuse of access is suspected
Right of Access to the Web-based training course(s) granted under these Terms is effective only upon payment of the subscription fees and with the exclusion of suspected misuse

Per Two Months

Access to selected Standard Content
Subscription plan based on two months access
Fees charged on subscription date
Subscription fees are non-refundable; except that Subscriber may request refund if and when the webbased course(s) have been unavailable for more that three days
Discounts, rebates or other special offers only valid for initial term
MENSCH-TRAINING.COM may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that MENSCH-TRAINING.COM provides notice at least thirty (30) calendar days prior to the expiration of the subscription
MENSCH-TRAINING.COM may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information
MENSCH-TRAINING.COM may terminate the subscription and these Terms if and when misuse of access is suspected
Right of Access to the Web-based training course(s) granted under these Terms is effective only upon payment of the subscription fees and with the exclusion of suspected misuse

Multi-User Subscribers

Access to Standard Content
bimonthly subscription plan
Fees charged on subscription date
If Subscriber paid by cash or purchase order: Subscription does not automatically renew
Prior to expiration, MENSCH-TRAINING.COM will provide invoice to the Subscriber for renewal payment
If Subscriber fails to remit renewal payment prior to expiration, MENSCH-TRAINING.COM will cancel subscription
Subscription fees are non-refundable; except that Subscriber may request refund if and when the webbased course(s) have been unavailable for more that three days
Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates
MENSCH-TRAINING.COM may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that MENSCH-TRAINING.COM provides notice at least thirty (30) calendar days prior to the expiration of the subscription
MENSCH-TRAINING.COM may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information (if Subscriber paid by credit card)
MENSCH-TRAINING.COM may terminate the subscription and these Terms if and when misuse of access is suspected
Right of Access to the Web-based training course(s) granted under these Terms is effective only upon payment of the subscription fees and with the exclusion of suspected misuse

6. Access to the Web-based training course(s); Modification of Content.

MENSCH-TRAINING.COM strives to provide the Web-based training course(s) to its Subscribers on a continuous basis. To that end, MENSCH-TRAINING.COM will take all commercially reasonable efforts to provide uninterrupted Access to the Web-based training course(s) to its Subscribers. However, from time to time, Subscribers may be unable to Access the Web-based training course(s) due to conditions beyond Mensch! Training's control. Such conditions include, but are not limited to: force majeure, 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, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Web-based training course(s) to its Subscribers, MENSCH-TRAINING.COM will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term 'commercially reasonable', as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
MENSCH-TRAINING.COM endeavors to provide the highest quality content to its Subscribers. To that end, MENSCH-TRAINING.COM reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of www.mensch-training.com.

7. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following 'Prohibited Conduct': Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to www.mensch-training.com that in any way affects the use, enjoyment or service of www.mensch-training.com, or adversely affects Mensch! Trainingcomputers, servers or databases. Capture, download, save, upload, print or otherwise retain information and content available on www.mensch-training.com other than what is expressly allowed by these Terms. Permit or provide others Access to the Web-based training course(s) using Your user name and password or otherwise, or the name and password of another authorized User. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on www.mensch-training.com. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on www.mensch-training.com. Transfer www.mensch-training.com content to another person; 'frame', 'mirror', 'in-line link', or employ similar navigational technology to www.mensch-training.com content; or 'deep link' to www.mensch-training.com content. Violate or attempt to violate Mensch! Training security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of www.mensch-training.com or corrupt www.mensch-training.com in any way. Engage in any other conduct which violates the intellectual and author's rights of mensch training as specified according to dutch law Use any device (such as a 'web crawler' or other automatic retrieval mechanism) or other means to harvest information about other Users, www.mensch-training.com Use www.mensch-training.com 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. Misrepresent Your identity or personal information when Accessing www.mensch-training.com; 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 Mensch training.
Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on www.mensch-training.com; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability. Advertise or otherwise solicit funds, goods or services on www.mensch-training.com. Provide any commercial hosting service with Access to www.mensch-training.com and/or the content on www.mensch-training.com. To ensure that Users of www.mensch-training.com do not engage in Prohibited Conduct, MENSCH-TRAINING.COM reserves the right to monitor use of www.mensch-training.com and reserves the right to revoke or deny Access to the Web-based training course(s) to any person or entity whose use of the Web-based training course(s) suggests Prohibited Conduct. Access of the materials available at the Web-based training course(s) beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Web-based training course(s) and will result in revocation or denial of Access to the Web-based training course(s). The terms 'normal patterns' and 'abuse' shall be determined solely by Mensch Training. You agree not to violate any Dutch, U.S. , U.K . or any other international software or technology export laws and regulations, including without limitation the regulations of the country from where you connect to www.mensch-training.com

8. DISCLAIMERS AND LIMITATION OF LIABILITY.

ALTHOUGH MENSCH-TRAINING.COM HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON WWW.MENSCH-TRAINING.COM, 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. USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. www.mensch-training.com IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS ARE SPECIFICALLY DISCLAIMED. MENSCH-TRAINING.COM DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. MENSCH-TRAINING.COM DOES NOT WARRANT THAT THE INFORMATION ON WWW.MENSCH-TRAINING.COM IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO WWW.MENSCH-TRAINING.COM WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL MENSCH-TRAINING.COM OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, 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, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT MENSCH-TRAINING.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE Web-based training course(s), AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL MENSCH-TRAINING.COMBE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT MENSCH-TRAINING.COM RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE Web-based training course(s), EVEN IF MENSCH-TRAINING.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 THE NEGLIGENCE OR AN OMISSION OF LYNDA.COM, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. MENSCH-TRAINING.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 MENSCH-TRAINING.COM IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. MENSCH-TRAINING.COM DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT MENSCH-TRAINING.COM RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF WWW.MENSCH-TRAINING.COM. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

9. Third Party Content; Hyperlinks.

You acknowledge that MENSCH-TRAINING.COM does not pre-screen third party materials. MENSCH-TRAINING.COM is not the publisher or author of any information on www.mensch-training.com that is provided by third party content providers, and MENSCH-TRAINING.COM is not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and Mensch! Training use of the content constitutes neither an endorsement nor a recommendation by MENSCH-TRAINING.COM of the content. MENSCH-TRAINING.COM assumes no responsibility for third party products or services.
MENSCH-TRAINING.COM may contain links and references to other third party websites and materials. MENSCH-TRAINING.COM does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. MENSCH-TRAINING.COM does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. MENSCH-TRAINING.COM may disable any hyperlink to www.mensch-training.com. MENSCH-TRAINING.COM has the right but not obligation to monitor third party websites and hyperlinks to www.mensch-training.com.

MENSCH-TRAINING.COM MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT 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, MENSCH-TRAINING.COM DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

10. Copyrights, Trademarks and Other Proprietary Rights.

ITIL ® is a Registered Trade Mark, and a Registered Community Trade Mark of the Office of Government Commerce, and is Registered in the U.S. Patent and Trademark Office. The Swirl logo ® is a Trade Mark of the Office of Government Commerce.

Excluding earlier mentioned ITIL Trademark, MENSCH-TRAINING.COM or its third party content providers shall retain all worldwide rights in the intellectual property in and on www.mensch-training.com, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of www.mensch-training.com, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on www.mensch-training.com is copyrighted, trademarked, or otherwise protected and owned or licensed by mensch training.

Except as expressly stated on www.mensch-training.com or in these Terms, nothing that You read or see on www.mensch-training.com or in the Web-based training course(s) may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of mensch training, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Mensch! Training intellectual property except as set forth earlier

If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to mensch training, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.

11. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless MENSCH-TRAINING.COM and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User's Prohibited Conduct or other improper or illegal use of www.mensch-training.com, or breach of these Terms.

12. Security; Authorized Use.

Users are prohibited from violating or attempting to violate the security of www.mensch-training.com. MENSCH-TRAINING.COM has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. MENSCH-TRAINING.COM may suspend Your Access while it conducts an investigation. Users are required to enter a user name and password to Access the Web-based training course(s). To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using www.mensch-training.com. You are responsible for maintaining the secrecy of Your user name and password.
You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms. You may not use the account, user name or password of someone else at any time. You agree to notify MENSCH-TRAINING.COM immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify MENSCH-TRAINING.COM immediately if You are aware of or suspect other unauthorized use of www.mensch-training.com and/or www.mensch-training.com content. MENSCH-TRAINING.COMwill not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by lynda.com, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else's use of Your account, user name or password.
MENSCH-TRAINING.COM will never ask You for Your password. If You need a new user name and/or password, MENSCH-TRAINING.COM will generate a new user name and password automatically through its computers and send it to Your e-mail or postal address.

13. Termination of Agreement.

In addition to Mensch! Training other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. MENSCH-TRAINING.COMmay also terminate Access to the Web-based training course(s) or cancel subscriptions to the Web-based training course(s) without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that MENSCH-TRAINING.COMdeems inappropriate.

14. Privacy Policy.

MENSCH-TRAINING.COMv alues Your trust. In order to honor that trust, all of Mensch! Training employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide.

15. Miscellaneous.

These Terms constitute the entire agreement between MENSCH-TRAINING.COM and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between MENSCH-TRAINING.COM and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User�s breach or threatened breach of these Terms, MENSCH-TRAINING.COM may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Mensch! Training remedies are cumulative and not exclusive. Failure of MENSCH-TRAINING.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. By Accessing www.mensch-training.com, User signs for and accepts this shortening of the statutes of limitations. MENSCH-TRAINING.COM makes no representation that the content of www.mensch-training.com is appropriate or available for use in all locations. MENSCH-TRAINING.COM operates this Site from the Netherlands and makes no representation that www.mensch-training.com complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. MENSCH-TRAINING.COM cannot provide notifications via post, only e-mail.

16. Governing Law

These Terms and any claim or action related to or arising from these Terms or content on www.mensch-training.com shall be governed by Dutch law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and MENSCH-TRAINING.COM shall be finally resolved through binding arbitration in Amsterdam, the Netherlands.

EFFECTIVE DATE: MAY, 2009