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Terms and Conditions
By accessing the Alcohol Certified Training web site (the "Site") you agree to be bound by the terms and conditions set out below.
1. No Warranty or Representation. While Alcohol Certified Training uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including service information, shall add to or change any contract for products or services you may have with Alcohol Certified Training, its suppliers or affiliates. Neither Alcohol Certified Training, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other
tortuous act) arising out of or in connection with your access or use of the Site even if Alcohol Certified Training has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the contents of this Site may occur without notice.
2. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS AFFILIATES BE LIABLE TO THE OTHER PARTY OR ANY OF ITS AFFILIATES FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SIMILAR OR ADDITIONAL DAMAGES INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY, PERFORMANCE, NON-PERFORMANCE, TERMINATION, BREACH, OR OTHER ACTION OR INACTION UNDER THIS AGREEMENT, EVEN IF A PARTY ADVISES THE OTHER PARTY OF THE POSSIBILITY OF SUCH LOSS, IN NO EVENT SHALL ALCOHOL
CERTIFIED TRAINING OR ANY OF ITS AFFILIATES BE LIABLE TO THE CUSTOMER OR TO ANY THIRD PARTY OR ANY OF EITHER OF ITS AFFILIATES FOR ANY DIRECT OR INDIRECT CONSEQUENCES THEREOF.
3. Refunds and Exchanges. NO REFUNDS OR EXCHANGES. THERE ARE NO EXCEPTIONS.
4. Use of Information. You hereby agree that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against Alcohol Certified Training, its suppliers or affiliates. You may not post, publish, reproduce, transmit or otherwise distribute information or material on the Site: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.
5. Linkage. This Site may contain links to other web sites that are not under the control of Alcohol Certified Training and Alcohol Certified Training is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Alcohol Certified Training provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Alcohol Certified Training of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review.
6. Monitoring. Alcohol Certified Training is under no obligation to monitor the Site and assumes no responsibility or liability should its content be modified or altered in any way without Alcohol Certified Training's consent.
7. Revisions. Alcohol Certified Training may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.
8. Site Policies. Please review our other policies such as Copyright, and Privacy posted on the Site. These policies also govern your visit to this Site.
9. Customer Information. You acknowledge that you have read the Alcohol Certified Training Privacy Commitment (as it may be updated from time to time) (the "Alcohol Certified Training Privacy Commitment")
10. Viruses, etc.. Alcohol Certified Training assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.
11. Right of Indemnification. You agree to defend, indemnify and hold Alcohol Certified Training, its suppliers, alliance partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
12. Waiver. Alcohol Certified Training's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.
13. Governing Laws. By visiting the Site, you agree that these Terms and Conditions shall be governed by the laws of the state of Washington and the federal laws of the United States of America applicable therein and you agree to be bound by the laws of these jurisdictions.
14. No Solicitation. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.
15. Territory. The Site originates in the United States of America. Alcohol Certified Training's services are offered in Alcohol Certified Training's operating state. Some products and services referred to on the Site may not be available in parts of Alcohol Certified Training's operating territory or may not be compatible with party line services.
16. Returned or NSF Checks. Checks that are returned by the bank for insufficient funds will be assessed a $50 fee for each check.
17. Class Minimums. Class size minimums of 5 people or $150 for specially scheduled classes are strictly enforced. The business that schedules the class is responsible for its employees attendance. If an instructor shows up for a specially scheduled class and there are fewer than 5 students, the business will be required to make up the difference so that the minimum $150 is met. Failure to do so will result in the trainer's departure without conducting the class and a pre-paid deposit will be required for future scheduling.
18. Cancellations. Alcohol Certified Training reserves the right to cancel scheduled classes at any time without notice.
19. Force Majeure. Alcohol Certified Training shall not be liable for any failure of performance hereunder due to causes beyond its reasonable control, including but not limited to, acts of God, fire, explosion, vandalism, rock slides, storm or other similar catastrophes, any law, order, regulation, direction, action or request of the United States Government, or of any other government, including state and local governments having jurisdiction over either of the parties, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, insurrections, riots, wars, or strikes, lock-outs, work stoppages or other labor difficulties.
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