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Terms of Use Agreement
Read This Terms of Use Agreement Before
Accessing Website.
Effective Date: This Terms of Use Agreement
was last updated on January 6, 2006
This Terms of Use Agreement sets forth the
standards of use of the Charlie’s Professional Bartending, Inc
Online Service. By using the www.charliebar.com website you (the
“Member”) agree to these terms and conditions. If you do not
agree to the terms and conditions of this agreement, you should
immediately cease all usage of this website. We reserve the
right, at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice.
Modifications shall become effective
immediately upon being posted at www.charliebar.com website.
Your continued use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph,
this Agreement may not be amended.
1.
Description of Service
Charlie’s
Professional Bartending, Inc is providing Member with
Hospitality Industry training and information. Member must
provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees relate
with such connection.
2.
Disclaimer of Warranties.
The site is
provided by Charlie’s Professional Bartending, Inc on an “as is”
and on an “as available” basis. To the fullest extent permitted
by applicable law, Charlie’s Professional Bartending, Inc makes
no representations or warranties of any kind, express or
implied, regarding the use or the results of this web site in
terms of its correctness, accuracy, reliability, or otherwise.
Charlie’s Professional Bartending, Inc shall have no liability
for any interruptions in the use of this Website. Charlie’s
Professional Bartending, Inc disclaims all warranties with
regard to the information provided, including the implied
warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow
the exclusion of implied warranties, therefore the
above-referenced exclusion is inapplicable.
3.
Limitation of Liability
CHARLIE’S
PROFESSIONAL BARTENDING, INC SHALL NOT
be liable for any damages
whatsoever, and in particular [Insert Name of Company] shall not
be liable for any special, indirect, consequential, or
incidental damages, or damages for lost profits, loss of
revenue, or loss of use, arising out of or related to this web
site or the information contained in it, whether such damages
arise in contract, negligence, tort, under statute, in equity,
at law, or otherwise, even if charlie’s professional bartending,
inc has been advised of the possibility of such damages. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4.
Indemnification
Member agrees to indemnify and hold
Charlie’s Professional Bartending, Inc,
its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or
arising out of Member’s use of the Service, the violation of
this Agreement, or infringement by Member, or other user of the
Service using Member’s computer, of any intellectual property or
any other right of any person or entity.
5.
Modifications and Interruption to Service
Charlie’s
Professional Bartending, Inc reserves the right to modify
or discontinue the Service with or without notice to the Member.
Charlie’s Professional Bartending, Inc
shall not be liable to Member or any third party should
Charlie’s Professional Bartending, Inc
exercise its right to modify or discontinue the Service.
Member acknowledges and accepts that
Charlie’s Professional Bartending, Inc does not guarantee
continuous, uninterrupted or secure access to our website and
operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our
control.
6.
Third-Party Sites
Our website may include links to other
sites on the Internet that are owned and operated by online
merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located
on or through, any third-party site. You should contact the
site administrator or webmaster for those third-party sites if
you have any concerns regarding such links or the content
located on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each site,
and we are not responsible therein. We encourage all Members to
review said privacy policies of third-parties’ sites.
7.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other
information have either been provided by the Vendors or
collected from publicly available sources. While
Charlie’s Professional Bartending, Inc
makes every effort to ensure that the information on this
website is accurate, we can make no representations or
warranties as to the accuracy or reliability of any information
provided on this website.
Charlie’s
Professional Bartending, Inc makes no warranties or
representations whatsoever with regard to any product provided
or offered by any Vendor, and you acknowledge that any reliance
on representations and warranties provided by any Vendor shall
be at your own risk.
8.
Governing Jurisdiction of the Courts of Illinois
Our website is operated and provided in the
State of Illinois. As such, we are subject to the laws of the
State of Illinois, Inc, and
such laws will govern this Terms of Use, without giving effect
to any choice of law rules. We make no representation that our
website or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose to
access our site you agree to do so subject to the internal laws
of the State of Illinois.
9.
Compliance with Laws.
Member assumes all knowledge of applicable
law and is responsible for compliance with any such laws.
Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or
other government requirements. Member further agrees not to
transmit any material that encourages conduct that could
constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or
international law or regulation.
10.
Copyright and Trademark Information
All content included or available on this
site, including site design, text, graphics, interfaces, and the
selection and arrangements thereof is ©2005 www.charliebar.com,
will all rights reserved, or is the property of
Charlie’s Professional Bartending, Inc
and/or third parties protected by intellectual property rights.
Any use of materials on the website, including reproduction for
purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or
data mining, or other commercial exploitation of any kind,
without prior written permission of an authorized officer of
Charlie’s Professional Bartending, Inc
is strictly prohibited. Members agree that they will not
use any robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the content
contained therein without prior written permission of an
authorized officer of Charlie’s
Professional Bartending, Inc.
Charlie’s
Professional Bartending, Inc ™ and www.charliebar.com™
are proprietary marks of www.charliebar.com.
Charlie’s Professional Bartending, Inc’s
trademarks may not be used in connection with any product or
service that is not provided by
Charlie’s Professional Bartending, Inc, in any manner
that is likely to cause confusion among customers, or in any
manner that disparages or discredits
Charlie’s Professional Bartending, Inc.
All other trademarks displayed on
Charlie’s Professional Bartending, Inc’s
website are the trademarks of their respective owners, and
constitute neither an endorsement nor a recommendation of those
Vendors. In addition, such use of trademarks or links to the
web sites of Vendors is not intended to imply, directly or
indirectly, that those Vendors endorse or have any affiliation
with Charlie’s Professional
Bartending, Inc.
11.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the
Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act, Charlie’s
Professional Bartending, Inc.com designates the following
individual as its agent for receipt of notifications of claimed
copyright infringement.
By Mail: P.O. Box 148 Spring Grove, IL
60081
By Telephone: 877-884-2277
By Email: charliebar@ameritech.net
12.
Other Terms
If any provision of this Terms of Use
Agreement shall be unlawful, void or unenforceable for any
reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall remain valid
and enforceable to the maximum possible extent. You agree that
this Terms of Use Agreement and any other agreements referenced
herein may be assigned by Charlie’s
Professional Bartending, Inc, in our sole discretion, to
a third party in the event of a merger or acquisition. This
Terms of Use Agreement shall apply in addition to, and shall not
be superseded by, any other written agreement between us in
relation to your participation as a Member. Member agrees that
by accepting this Terms of Use Agreement, Member is consenting
to the use and disclosure of their personally identifiable
information and other practices described in our Privacy Policy
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