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General Terms and Conditions for The Institute of Beer

The Institute of Beer Terms and Conditions

Welcome to theinstituteofbeer.com website (the “Site”). This Site and The Institute of Beer Programs and Services are the property of The Institute of Beer. Through this Site, The Institute of Beer provides access to various resources and services, including, without limitation, its proprietary Learning Management System, online courses, course and study materials, the Certified Beer Server One Day Class, the Fools Guide to Beer, the Faults and Flavours Course, study guides and the Site forum (the “Services”).

These Terms of Use apply to the Site. Please read them carefully. By using the Site, you are agreeing to these Terms of Use. The Institute of Beer reserves the right to update and change the Terms of Use from time-to-time without notice. By continuing to use the Site following changes to these Terms of Use, you are agreeing to the changes.
Copyright

All content on the Site and the Services, including, without limitation, courses, course webinars and materials, study materials, exams, user interface and dashboard, graphics, logos (other than logos owned by third parties), images, text, video, audio, digital downloads, data compilations, and software are the property of The Institute of Beer and protected by Australian and international copyright laws, with the exception of third party original content that is posted by others to the Site forum. Except as expressly permitted herein, no content of the Site or the Services may be copied or reproduced, modified, distributed, transmitted, published, sold or resold in any form or by any means, or otherwise exploited for any commercial purpose, nor may any derivative works be created therefrom, without the express written authorization of The Institute of Beer.

Without limiting any of the foregoing, you acknowledge and specifically agree that: (1) the contents of the Certified Beer Server One Day Class, the Fools Guide to Beer, the Faults and Flavours Course and study guides are confidential and their disclosure, in whole or in part, would cause irreparable harm by compromising the integrity of The Institute of Beer’s education programs and resources; and (2) you are expressly prohibited from copying, disclosing, displaying, publishing, disseminating or distributing, in whole or in part, in any manner and by any means, the contents of the Certified Beer Server One Day Class, the Fools Guide to Beer, the Faults and Flavours Course and study guides and from creating any derivative works therefrom. The Institute of Beer reserves the right to pursue all available remedies for the infringement of its intellectual property rights and/or the violation of other legal rights, which may subject you to civil and/or criminal liability.

The Institute of Beer has no obligation to monitor any discussion or postings on the Site forum; however, it reserves the right at all times, in its sole discretion, to screen content submitted and to edit, move, delete, and/or refuse to accept any content that, in its sole judgment, violates these Terms of Use or is otherwise unacceptable or inappropriate. By way of example only, you agree not to do any of the following when posting to the Site forum or using the Services:
Create a false identity or impersonate another user or person, or use the account, username and password of another person.

Post, upload or otherwise disseminate or distribute any content protected by intellectual property laws unless you own or control the rights thereto or have received permission to do so from the owner(s).

Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
Post, upload or otherwise disseminate or distribute any content that is offensive, obscene, indecent or unlawful.

Post, upload or otherwise disseminate or distribute any content that you know is false or misleading or promotes any illegal activity.

Advertise or offer to sell any products or services without the prior written consent The Institute of Beer.

Service Marks

The Institute of Beer’s service marks may not be used in any manner that is likely to cause confusion or disparage The Institute of Beer.
Links to Third Party Sites

This Site contains links to third party websites, use of which is at the user’s own risk. The Institute of Beer has no control over the content of third party sites and is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements on these sites. Nor is The Institute of Beer responsible for the privacy policies of these sites or the information they may collect. The Institute of Beer provides links to these sites merely as a convenience and doing so does not imply endorsement by The Institute of Beer. The Institute of Beer sells Cicerone branded products and services though a partner website, https://www.cicerone.org/au-en. While The Institute of Beer will make all attempts to ensure the data and information on this site is accurate and legal, the information, terms and conditions and privacy policy on this site are the responsibility of Cicerone.org, not The Institute of Beer.

Privacy

The Institute of Beer‘s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use. Please review our >Privacy Policy.

Disclaimer of Warranties/Limitation of Liabilities

THIS SITE AND ALL SERVICES, SOFTWARE, CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED BY THE INSTITUTE OF BEER ON “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER. THE INSTITUTE OF BEER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE SERVICES OR THE SOFTWARE, CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE TO YOU THROUGH THIS SITE. USE OF THIS SITE IS AT YOUR SOLE RISK THE INSTITUTE OF BEER MAKES NO REPRESENTIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE. THE INSTITUTE OF BEER DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SITE OR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, VIRUSES, OR SECURITY INTRUSION, AND IT DISCLAIMS ANY LIABILITY RELATING THERETO. THE INSTITUTE OF BEER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INSTITUTE OF BEER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE SERVICES OR FROM ANY SOFTWARE, CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.

THE INSTITUTE OF BEER IS NOT RESPONSIBLE FOR ANY USER-POSTED CONTENT OR INFORMATION TO SITE ROSTER PROFILES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER-POSTED CONTENT OR INFORMATION PROVIDED THROUGH THIS SITE.

TO THE EXTENT THAT ANY EXCLUSIONS OR DISCLAIMERS OF CERTAIN WARRANTIES OR ANY LIMITATIONS OF LIABILITIES OR DAMAGES ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE ABOVE EXCLUSIONS, DISCLAIMERS OR ANY LIMITATIONS NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold the The Institute of Beer, its affiliates, directors, officers, employees, and agents harmless of and from any claim, demand or liability, including reasonable attorneys’ fees, made by any third party, relating to or arising or in connection with your use of the Site and/or the Services and/or your violation or failure to comply with these Terms of Use.