Last updated October 27, 2026
These Terms of Use apply to Virtual Design & Construction Institute Inc ("VDCI," "we," "us," or "our"). Our Privacy Policy explains how we handle personal information.
1. Acceptance; Eligibility
By accessing or using the VDCI website or services, or enrolling in any course, you agree to these Terms of Use and our Privacy Policy. If you do not agree, do not use the Services. You represent that you are at least 18 and able to form a binding contract.
2. Use License & Intellectual Property
We grant you a limited, personal, non-commercial license to access the Services and course materials for your own educational use. Course materials, software, and content are owned by VDCI or its licensors and are protected by copyright and trademark law; you may not copy, redistribute, or reverse engineer them.
3. Limitation of Liability
To the fullest extent permitted by law, (a) we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any lost profits, revenue, data, or goodwill; and (b) our total aggregate liability for all claims will not exceed the greater of (i) the amounts you paid us in the 12 months before the event giving rise to liability, or (ii) one hundred U.S. dollars ($100). These limits apply even if a remedy fails its essential purpose.
4. Disclaimer of Warranties
The Services and all content, courses, products, and materials are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, express, implied, or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, and accuracy, and with no guarantee of any particular result, certification, employment, or income. Some jurisdictions do not allow certain exclusions, so some may not apply to you.
5. Indemnification
You will indemnify, defend, and hold harmless us and our officers, directors, employees, agents, and affiliates from any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your breach of these Terms, your content, or your violation of any law or third-party right.
6. Governing Law; Venue
These Terms and any Dispute are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. Except for Disputes subject to arbitration, you and we submit to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York.
7. Dispute Resolution; Arbitration
Scope. "Dispute" means any dispute, claim, or controversy of any kind, whether in contract, tort, statute, fraud, or any other theory, arising out of or relating in any way to these Terms, the Services, any course, instruction, certification, product, content, transaction, payment, refund, or cancellation, your account, any advertising, the relationship between you and us, or the existence, scope, interpretation, enforceability, or formation of these Terms or this arbitration agreement.
Informal resolution (required first step). Before starting any arbitration or lawsuit, the complaining party must send a written Notice of Dispute (to us at learn@vdci.edu) describing the claim and the relief sought, and the parties will try in good faith to resolve it for 30 days. This is a condition precedent to arbitration or suit, and any limitations period is tolled while it runs. This requirement does not apply to a claim brought in small-claims court or to a request for injunctive or other equitable relief under the Exceptions section. If a party files before completing this step, the proceeding will be stayed (not dismissed) until the 30-day period is satisfied.
Binding individual arbitration. Except for the carve-outs below, every Dispute will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator, seated in New York, New York, conducted in English. The arbitrator may award only individual relief. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this section.
Exceptions. Either party may (a) bring a qualifying individual claim in small-claims court, and (b) seek injunctive or equitable relief in court to protect its intellectual property, confidential information, or the security of the Services.
Class, collective & jury waiver. To the fullest extent permitted by law, you and we each waive (a) any right to a jury trial, and (b) any right to bring or participate in a class, collective, consolidated, mass, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. If the waiver of representative public-injunctive claims is held unenforceable, that claim alone is severed to court and stayed pending individual arbitration of all other claims.
Delegation. The arbitrator, and not any court, has exclusive authority to resolve any Dispute about the interpretation, applicability, enforceability, or formation of these Terms and this arbitration agreement, except that a court decides the enforceability of the class/collective waiver.
Mass / coordinated arbitration. If 25 or more arbitration demands of a similar nature are asserted against us by or with coordinated counsel, the demands will be administered in staged batches of no more than 50, each decided by one arbitrator, and no later demand may proceed until the prior batch is resolved; limitations periods and fee deadlines are tolled for unfiled demands.
Opt-out. You may opt out of arbitration by emailing learn@vdci.edu within 30 days of first accepting these Terms, stating your name, account email, and that you opt out. Opting out does not affect any other provision.
Representation. In any arbitration under these Terms, the parties may be represented by counsel or by an authorized officer or representative of the entity. Nothing in this Section requires any party to retain counsel, and a corporate party may appear and be represented through a duly authorized employee, officer, manager, or other representative of the entity, including in any pre-arbitration notice, mediation, hearing, or filing.
8. California Catalog & Title IV (Student Rights)
VDCI's published School Catalog and Enrollment Agreement, including its cancellation, refund, withdrawal, and student-conduct policies and all BPPE-required disclosures, are incorporated into and form part of these Terms. To the extent California law requires the Catalog or Enrollment Agreement to govern a student's enrollment, refunds, or cancellation, those documents control over any conflicting term here, and nothing waives any right under the California Private Postsecondary Education Act. If any program receives Title IV federal financial aid, the arbitration and class-waiver provisions do not apply to that student to the extent prohibited by the U.S. Department of Education's borrower-defense rules.
9. Limitation Period
Any claim arising out of or relating to the Services or these Terms must be filed within one (1) year after it accrues; otherwise it is permanently barred, to the fullest extent permitted by law.
10. Severability; Savings
If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. Nothing waives a right that cannot be waived under applicable law (e.g., a California resident's right to seek public injunctive relief under the McGill rule, which, if applicable, is severed).
11. Assignment; Changes
We may assign or transfer these Terms (including in a merger, acquisition, or sale of assets); you may not assign them without our consent. We may amend these Terms by posting an updated version and updating the effective date; material changes take effect 30 days after posting or on your continued use, except changes to the Dispute Resolution section apply only to Disputes arising after the change.