TERMS AND CONDITIONS
PLEASE READ THESE ONLINE TRAINING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE BARTENDERS ASSOCIATION INTERNATIONALE ONLINE TRAINING COURSES (“Courses”) OR BY ACCESSING OR USING ANY OF ITS WHOLLY-OWNED WEBSITES, TRAINING MODULES including, without limitation, any component of Course Curriculum, Books, Assignments, Flashcards, Lesson Tests, Quizzes, Chat Forums, OR OTHER MATERIALS (“Content”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS INCLUDING WITHOUT LIMITATION THE CONTENT LICENSE HEREIN CONTAINED. NOTHING CONTAINED IN THESE TERMS AND CONDITIONS OR OTHERWISE SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, GUARANTEE, OR PROMISE THAT A PARTICULAR RESULT WILL BE PRODUCED DUE TO BARTENDERS ASSOCIATION INTERNATIONALE ONLINE TRAINING OR YOUR USE OF THE CONTENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY YOU. BARTENDERS ASSOCIATION INTERNATIONALE RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS POSTED ON THE ONLINE TRAINING WEBSITE FROM TIME TO TIME AT ITS SOLE DISCRETION, AND WILL PROVIDE NOTICE OF MATERIAL CHANGES ON THE SITE. YOUR CONTINUED USE OF THE SITE OR CONTENT ACCESSIBLE THROUGH IT, AFTER SUCH NOTICE HAS BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. YOUR USE OF THE ONLINE TRAINING WEBSITE AND CONTENT WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS ON THE SITE AT THE TIME OF SUCH USE. IF YOU BREACH ANY OF THESE TERMS AND CONDITIONS, YOUR AUTHORIZATION TO USE THIS SITE AND THE CONTENT AUTOMATICALLY TERMINATES, AND ANY CONTENT DOWNLOADED OR PRINTED FROM THE SITE IN VIOLATION OF THE TERMS AND CONDITIONS MUST BE IMMEDIATELY DESTROYED.
Certified Bartender.com is a wholly-owned website of Bartenders Association Internationale. Bartenders Association Internationale makes available a variety of online training Courses through this Website (“Site). These Courses are subject to the following terms and conditions, which are legal obligations. Bartenders Association Internationale does not discriminate on the basis of race, ethnicity, national origin, age, gender, religion, sexual orientation or any other protected status.
B. ACCEPTANCE OF TERMS AND CONDITIONS.
By taking the Courses, you agree to be bound by, and to comply with, these Terms and Conditions and any other rules or guidelines which we may implement for any individual Web site or Course. Bartenders Association Internationale reserves the right to update these Terms and Conditions at any time without notice to you. You may review the most current version of the Terms and Conditions by clicking the hypertext link located at the bottom of our Web pages.
C. CONDITIONS AND RESTRICTIONS ON USE.
If you fail to comply with the Terms and Conditions, or if you engage in any of the following activities, Bartenders Association Internationale may terminate your use of the Courses: (i) using the Courses for any unlawful purpose; (ii) using the Courses for any purpose prohibited by the Terms and Conditions; (iii) engaging in any conduct that Bartenders Association Internationale, in its sole discretion, believes is or may be harmful to another user or to any other party, directly or indirectly; (iv) violating any foreign, federal, state or local law or regulation; (v) using the Courses in a manner that could impair, disable, overburden or damage any Bartenders Association Internationale server, or the network(s) connected to any Bartenders Association Internationale server, or interfere with any other party’s use and enjoyment of any Courses; (vi) attempting to gain unauthorized access to any Courses, other accounts, computer systems or networks connected to any Bartenders Association Internationale server or to any of the Courses, through hacking, password mining or any other means. In addition, Bartenders Association Internationale may terminate any user’s access for any reason or no reason at all in its sole discretion, with or without prior notice.
D. REGISTRATION AND PRIVACY.
Certain of the Courses require you to register. You will provide us with current, complete and accurate information as prompted by the applicable registration form. You agree to update this data when necessary to keep it current and accurate. You will be solely responsible for choosing and maintaining in confidence your password and user name. Bartenders Association Internationale will not be responsible should someone else use your password or account, and you agree to notify Bartenders Association Internationale promptly of any unauthorized use of your account or other breach of security.
E. PAYMENT TERMS AND CONDITIONS.
(i) The Site reserves the right at any time to change fees for access to Courses. In the event that the Site so elects, it shall post a notice at an appropriate location on its website.
(ii) If You order Courses, or purchase any other type of Course or additional fee-based service or materials from the Site, You authorize the Site to utilize its merchant account provider to charge Your account provided during the purchase/enrollment process.
(iii) It is Your responsibility to keep Your payment information accurate and current with the Site. If a payment cannot be processed, You will not have access to the Course.
(iv) Upon payment, You get instant access to the Course(s) you have purchased through the Site. Therefore, all sales are final. There are no refunds. An overview of the Course objectives is provided. Be sure to read the Course objectives information before you sign up and pay for the Course.
(v) Additional shipping and handling charges may apply to students outside of the contiguous United States.
F. RIGHTS TO CONTENTS AND INTELLECTUAL PROPERTY.
Except as otherwise provided, the copyrights to all materials, content and lay-out of this Site (including text, user and visual interfaces, images, look and feel, design, sound, etc. and any underlying software and computer codes) are proprietary to Bartenders Association Internationale, its parents, affiliates, subsidiaries, or third party licensors. Except as permitted by these Terms and Conditions, you may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without express prior written consent from Bartenders Association Internationale.
Any name, logo, trademark, service mark, patent, design, copyright or other intellectual property appearing on this Site is owned or licensed by Bartenders Association Internationale or its parents, affiliates or subsidiaries and may not be used by you without the prior written consent of Bartenders Association Internationale or the appropriate owner. Your use of this Site does not grant you any right, title, interest or license to any such intellectual property appearing on the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
G. USE OF THIS SITE.
Bartenders Association Internationale maintains this Site for online educational courses and training Courses made available to its Students. Courses are for your personal use, only, except where otherwise expressly provided. The curriculum, assignments, materials, products and information obtained from the Courses may not be sold, transferred, licensed, reproduced, displayed, published, distributed, copied, performed or modified by you, or used to create derivative works.
You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy or other format) is prohibited and may breach intellectual property laws and other laws world-wide. All commercial use of all or part of this Site is prohibited except with express prior written consent from Bartenders Association Internationale this includes but is not limited to Student Unauthorized Distribution or Commercial Selling of Course Materials. Providing course curriculum and/or materials without the express written permission from Bartenders Association Internationale or their respective trademark holders is legally enforced and strictly prohibited. You are not authorized to reproduce or distribute course materials or make any commercial use of them without express written consent from Bartenders Association Internationale. Any persons who sell or distribute copies or modified copies of course materials or assist another person or entity in selling or distributing those materials may be considered in violation of these Terms and Conditions and may be subject to civil and criminal penalties. All rights not expressly granted here are reserved to Bartenders Association Internationale.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
H. USER SUBMISSIONS.
This Site permits the submission of course work, assignments, essays, photographs, videos and/or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Bartenders Association Internationale does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bartenders Association Internationale to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User submissions in the manner contemplated by the Site and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms and Conditions. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Bartenders Association Internationale, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Bartenders Association Internationale’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Bartenders Association Internationale all of the license rights granted herein; (ii) publish falsehoods, misrepresentations, or derogatory messages that could damage the reputation of Bartenders Association Internationale, or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, is excessive in length, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. Bartenders Association Internationale does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Bartenders Association Internationale expressly disclaims any and all liability in connection with User Submissions. Bartenders Association Internationale reserves the right to deny the publishing of User Submissions, to remove User Submissions, and/or to terminate your access for uploading User Submissions in its sole discretion at any time, without prior notice and at its sole discretion.
You understand that when using the Site, you may be exposed to User Submissions from a variety of sources, and that Bartenders Association Internationale is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Bartenders Association Internationale with respect thereto, and agree to indemnify and hold Bartenders Association Internationale, its parents, affiliates and subsidiaries harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
I. COMMUNICATIONS WITH THIS SITE.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Bartenders Association Internationale will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order or governmental authority.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit may be edited by or on behalf of Bartenders Association Internationale, may or may not be posted to this Site at the sole discretion of Bartenders Association Internationale and may be used by Bartenders Association Internationale or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Bartenders Association Internationale is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, improvement, developing and marketing programs and services using such information. If you transmit any ideas, concepts, materials or other communications to this Site, you accept that it will not be treated as confidential and may be used by Bartenders Association Internationale without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Bartenders Association Internationale also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video or audio from the Site or any linked sites.
Although Bartenders Association Internationale may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, Bartenders Association Internationale assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. Bartenders Association Internationale assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
J. LINKING POLICY.
This Site may provide, as a convenience to you, links to sites owned or operated by parties other than Bartenders Association Internationale. Each linked to website has its own terms and conditions of use, as described in that site's legal notice/terms and conditions. Those terms and conditions may be different than these Terms and Conditions, and we urge you to read each website's legal notice/terms and conditions carefully before you use that site. Bartenders Association Internationale does not control, and is not responsible for the availability, content or security of these external sites, nor your experience interacting or using these external sites. Bartenders Association Internationale does not endorse the content, or any products or services available, on such sites. If you link to such sites you do so at your own risk.
K. UNAFFILIATED PRODUCTS AND SITES.
Descriptions of, or references to, products, publications or sites not owned by Bartenders Association Internationale or its affiliates do not imply endorsement of that product, publication or site.
L. LEGAL AGE.
There are no restrictions on entry to the Courses. However, students must meet the legal minimum age requirements for the retail purchase and consumption of alcoholic beverages in their state or country. Anyone under age is strictly prohibited from purchasing or consuming any alcoholic beverages. Bartenders Association Internationale does not serve, sell or distribute alcoholic beverages for personal consumption. You acknowledge that you are solely responsible for your decision to consume alcoholic beverages and that Bartenders Association Internationale, its parents, affiliates, subsidiaries and service providers, or the officers, directors, employees, shareholders, or agents of each of them shall have no responsibility or liability whatsoever to you or any third party for your consumption of those beverages or any consequences or actions related to your consumption of those beverages.
M. NO WARRANTIES.
BARTENDERS ASSOCIATION INTERNATIONALE DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.
N. LIMITATION OF LIABILITY.
IN NO EVENT SHALL BARTENDERS ASSOCIATION INTERNATIONALE, ITS PARENTS, AFFILIATES, SUBSIDIARIES AND SERVICES PROVIDERS, OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS OF EACH OF THEM, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON THEORY OF LIABILITY WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SERVICE, THE USE OR PERFORMANCE OF, OR YOUR BROWSING IN, OR YOUR LINKS TO OTHER SITES FROM, THIS SITE OR THE PROVISIONS OF OR FAILURE TO PROVIDE THE SERVICES, EVEN IF BARTENDERS ASSOCIATION INTERNATIONALE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT THIS USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BARTENDERS ASSOCIATION INTERNATIONALE, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SITE AND/OR SERVICES; (2) BARTENDERS ASSOCIATION INTERNATIOANLE’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
At its sole discretion, Bartenders Association Internationale may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you and without liability to you or any third party.
Q. UNITED STATES GOVERNING LAW.
This Site is controlled, operated and administered by Bartenders Association Internationale from its offices within the United States. Bartenders Association Internationale makes no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
R. COPYRIGHT NOTICE.