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Terms & Conditions

PAYMENT TERMS

Payment terms are within the sole discretion of TABC On The Fly, and payment must be made at the time of purchase (before access to the course is granted). Payment may be made by credit card only. Your order is subject to cancellation by TABC On The Fly at its sole discretion. TABC On The Fly is not responsible for errors in any way, including pricing, typography, or errors in any offers made by TABC On The Fly and reserves the right to cancel any orders resulting from such errors.

If you fail the final exam on your first attempt, you will immediately be provided another opportunity to take the exam. If you fail the final exam on your second attempt and wish to make a third attempt, the Texas Alcoholic Beverage Commission requires you to re-take the course in full. TABC On The Fly requires payment in full if you re-take the course.

INFORMATION ACCURACY

You will be asked to submit various pieces of personal information during the registration process. In some cases, this information may be submitted to the appropriate governing jurisdiction for the purposes of certification or re-certification notice. TABC On The Fly is not liable or responsible in any way for the accuracy of the information as entered by you during registration. Should any or all of the registration information entered be incorrect or false, TABC On The Fly will not be responsible for notification, correction, updating or reporting of the information to you, or any other third party.

WARRANTIES

The website, course, instruction, and all other contents hereof are provided on an “as is” basis without any warranties of any kind, whether expressed or implied. The company, its affiliates, and third parties associated with the website, to the fullest extent of the law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights.

The company, its affiliates, and third parties associated with the website make no warranties about the accuracy, reliability, completeness, or timeliness of the website, course, or contents hereof. TABC On The Fly does not warranty that the website will operate error-free or that the website or its servers are free of computer viruses or other harmful items. If your use of the website or the contents hereof results in the need for servicing or replacing equipment or data, TABC On The Fly is not responsible in any way for those costs. Your use of the website is at your own risk. If you are dissatisfied with any of the materials or other contents of the website, with this agreement, or other policies, your sole remedy is to discontinue use of the website.

Although the website is intended to be educational, neither the company, its affiliates, or any third party associated with the website makes any representations, warranties, or guaranties that any user hereof will obtain any particular result, including, without limitation, master any particular skills or pass any examination or achieve any other tangible results based upon use of the products, services, or other offerings on this website.

In no event shall the company, its affiliates, or third parties associated with the website be liable to any user or any third party for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, or lost profits) resulting from the use or inability to use the website or the contents thereof, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

SOFTWARE

Any and all software provided is subject to the license agreement that is part of the software package. By using the website, you agree that you will be bound by such license agreement.

REFUND POLICY

Purchases made on the TABC On The Fly website are non-refundable for any reason and accounts can not be transferred to another name.

By proceeding with payment on the TABC On The Fly website, you accept full responsibility for the purchase and acknowledge that any refund request for any reason will not be honored.

CHANGED OR DISCONTINUED PRODUCTS AND SERVICES

TABC On The Fly reserves the right to revise or discontinue products and services at any time without notice.

SERVICE AND SUPPORT

TABC On The Fly reserves the right to revise or discontinue service and/or support offerings at any time without notice.

CONSENT TO COMMUNICATION

By registering on the website, you consent to receive communications from TABC On The Fly and agree that we may communicate with you by email, phone or mail.

LIMITATION OF LIABILITY

TABC On The Fly does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits, loss of business or for lost or corrupted data or software, or the provision of services and support. Except as expressly provided herein, TABC On The Fly will not be liable for any consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, and/or for any claim by any third party. You agree that for any liability related to the purchase of programs or services, TABC On The Fly is not liable or responsible for any amount of damages above the amount invoiced for the applicable program or service. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this agreement shall apply even if such remedies fail their essential purpose.

GOVERNING LAW

The parties agree that this agreement, any sales thereunder, or any claim, dispute or controversy (Whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between customer and TABC On The Fly arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, TABC On The Fly advertising, or any related purchase shall, to the maximum extent permitted by applicable law, be governed by the laws of the state of Texas, without regard to conflicts of laws rules.

COPYRIGHT

The contents of the website are protected by copyright and other laws in both the United States and elsewhere. The contents of this website include both content owned or controlled by TABC On The Fly and content owned or controlled by third parties and licensed to TABC On The Fly. TABC On The Fly authorizes you to view a single copy of any material on the website solely for your personal, noncommercial use. The website is for your personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the website.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless TABC On The Fly, its officers, directors, employees, agents, affiliates and partners from and against any claims, actions or demands, arising or resulting from your use of the website or your breach of the terms of this agreement. TABC On The Fly shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

GENERAL

As stated in our course, the curriculum for our course was provided by the Texas Alcoholic Beverage Commission. By approving our course and issuing our official program number (604-679), the Texas Alcoholic Beverage Commission has confirmed the entire course of instruction adheres completely to all relevant laws of the State of Texas, particularly in regards to the sale and service of alcoholic beverages. Users of the website, their employers, managers, owners, including officers, directors, agents, affiliates and/or partners of their employer, agree to hold harmless TABC On The Fly, its officers, directors, employees, agents, affiliates and partners as a result of actions or decisions made by users of our website while selling or serving alcohol.

In addition to the standard curriculum written by the Texas Alcoholic Beverage Commission, our course includes stories and opinions regarding how to lawfully and responsibly sell and serve alcohol. These stories and opinions are intended to provide context and better understanding of the mandatory topics provided by the Texas Alcoholic Beverage Commission. By registering for our course, you agree to hold harmless TABC On The Fly for any actions or decisions made as a result of these stories and opinions.

This agreement is governed by the laws of the state of Texas. You hereby consent to the exclusive jurisdiction and venue of courts in Texas, in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. This agreement constitutes the entire agreement between the user and TABC On The Fly which respect to the website and supersedes all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the user and TABC On The Fly with respect to the website.