Terms of Use
Updated: June 18, 2024
These terms of use are between TABC On The Fly and the user (“you”) of its website located at tabconthefly.com (“website”). By accessing the website, you hereby agree to the terms of use set forth below. If you are under 18 years old, you may only use the website with the approval of your parent or guardian. If you are accepting these terms of use on behalf of another party (e.g., your employer), you hereby represent and warrant that (i) you are authorized to do so and (ii) such party agrees to be legally bound by these terms of use.
PAYMENT TERMS
Payment must be made at the time of purchase (before access to the course is granted) and may only be made by credit or debit card. You represent and warrant to TABC On The Fly that you are authorized to use such credit or debit card. Your order is subject to cancellation by TABC On The Fly at its sole discretion.
To the extent you access the website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.
COURSE ACCESS
If you pay to enroll in the course via an individual student account, you will have at least six (6) months from the time of purchase to complete the course, after which time your course access may be removed.
If you purchase pre-paid codes via an employer account, the codes will remain active and available for redemption as long as your employer account remains active. To keep your employer account active, you must take at least one (1) of the following actions every twelve (12) months:
- Log in to your employer account
- Add or delete employees from your roster
- Purchase or redeem at least one pre-paid code
INFORMATION ACCURACY
You will be asked to provide 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 you enter 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.
CURRICULUM
As stated in our course, the mandatory curriculum for our course was created and provided by the Texas Alcoholic Beverage Commission. By approving our course and issuing our certificate to operate, the Texas Alcoholic Beverage Commission has confirmed that the website and course of instruction are compliant with all applicable laws, rules, and regulations of the State of Texas. TABC On The Fly updates the course from time to time as required by the Texas Alcoholic Beverage Commission.
In addition to the mandatory curriculum written by the Texas Alcoholic Beverage Commission, our course may include stories and opinions regarding how to lawfully and responsibly sell and serve alcoholic beverages. These stories and opinions are solely intended to provide context and better understanding of the mandatory topics provided by the Texas Alcoholic Beverage Commission.
CHANGED OR DISCONTINUED PRODUCTS, SERVICES AND SUPPORT
TABC On The Fly reserves the right to revise or discontinue products, services, and/or support offerings at any time without notice.
INTELLECTUAL PROPERTY
The website may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights or laws. The website contains 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. You agree not to reproduce, display, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the website. You may not directly or indirectly (i) copy, modify, transfer, upload, or otherwise use any data or source code from the website; (ii) reverse engineer, reverse assemble, decompile, disassemble or otherwise attempt to derive such data or the source code; (iii) write or develop any derivative works or other software programs based, in whole or in part, upon the website or any data contained therein; (iv) interfere with or disrupt the integrity or performance of the website or any data contained therein; (v) attempt to gain unauthorized access to the website or its related data, systems or networks; (vi) use any data mining, robots, scraping or similar data gathering or extraction methods; or (vii) perform vulnerability, load or any other test of the website without TABC On The Fly’s prior written consent. UNAUTHORIZED USE, REPRODUCTION OR DISTRIBUTION OF TABC ON THE FLY’S INTELLECTUAL PROPERTY IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES, INJUNCTIVE AND OTHER EQUITABLE RELIEF, AND ANY OTHER REMEDIES AVAILABLE AT LAW OR IN EQUITY.
Other service names and logos used and displayed on the website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TABC On The Fly.
THIRD PARTY SOFTWARE & RESOURCES
The website may incorporate software and other information that is proprietary to third parties. Any and all software provided may be subject to the license agreement that is part of the software package. If you accept such license agreement, you are agreeing that you will be bound by the terms of such license agreement.
The website may provide links to other sites and resources on the internet. You acknowledge and agree that TABC On The Fly is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such site or resource.
REFUND POLICY & PRIVACY NOTICE
Purchases made on the TABC On The Fly website are final, nonrefundable, and nontransferable. By proceeding with payment, you accept full responsibility for the purchase and agree to pay in accordance with the issuing bank cardholder agreement.
TABC On The Fly’s Privacy Notice (located here) is incorporated herein by reference. You acknowledge and agree that TABC On The Fly (i) reserves the right to delete accounts that are inactive for an extended period of time and (ii) has no responsibility or liability for the deletion or failure to store or delete any data or other content. You further acknowledge that TABC On The Fly reserves the right to modify its data retention policies and practices at any time, in its sole discretion, with or 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.
NO WARRANTIES
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, COURSE, INSTRUCTION, AND ALL OTHER CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS “WITH ALL FAULTS”. TABC ON THE FLY, TO THE FULLEST EXTENT OF THE LAW, DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND GUARANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS.
TABC ON THE FLY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. TABC ON THE FLY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR SECURELY. TABC ON THE FLY DOES NOT WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS OR THAT THEY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. IF YOUR USE OF THE WEBSITE OR ITS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TABC ON THE FLY IS NOT RESPONSIBLE IN ANY WAY FOR THOSE COSTS. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY OF ITS CONTENT, OR WITH THESE TERMS OF USE, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
ALTHOUGH THE WEBSITE IS INTENDED TO BE EDUCATIONAL, TABC ON THE FLY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT YOU OR ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, JOB PLACEMENT, MASTERING ANY PARTICULAR SKILLS, PASSING ANY EXAMINATION OR ACHIEVING ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THE WEBSITE.
LIMITATION OF LIABILITY
TABC ON THE FLY IS NOT LIABLE FOR ANY PRODUCT OR SERVICE BEING UNAVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND SUCH REMEDY SHALL APPLY EVEN IF IT FAILS ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TABC ON THE FLY (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS AND OTHER THIRD PARTIES ASSOCIATED WITH THE WEBSITE) BE LIABLE TO YOU, ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, SPECULATIVE, CONTINGENT, PUNITIVE, BUSINESS INTERRUPTION, LOST BUSINESS OPPORTUNITIES, LOST PROFITS (INCLUDING LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), LOST SAVINGS, OR DAMAGES FROM LOSS OF BUSINESS INFORMATION RESULTING FROM (I) THE USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT, (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE WEBSITE OR ITS CONTENT, IN ANY CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES ARE CLAIMED BY A THIRD PARTY AND EVEN IF SUCH PARTY HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE FORESEEABLE. IN NO EVENT WILL TABC ON THE FLY’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED THE TOTAL PURCHASE PRICE PAID BY YOU FOR THE APPLICABLE PRODUCT, SERVICE, OR SUPPORT OFFERING GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THESE LIMITATIONS. THIS LIMITATION OF LIABILITY CONSTITUTES A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TABC ON THE FLY.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless TABC On The Fly, its officers, directors, employees, agents, affiliates, partners and other third parties associated with the website from and against any claims, actions, losses, damages, liabilities, deficiencies, suits, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising or resulting from your use of the website or your breach of these terms of use, including any actions or decisions you make while performing the duties of your job. TABC On The Fly shall provide notice to you of any resulting indemnifiable claim and reasonably assist you, at your expense, in defending any such claim.
MODIFICATIONS
TABC On The Fly may, in its sole discretion, modify these terms of use at any time. TABC On The Fly will indicate at the top of this page the date these terms of use were last revised and any such modifications will become effective on such date. Your continued use of or access to the website after such date constitutes acceptance of the new terms of use.
GOVERNING LAW
The parties agree that these terms of use, the website, 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 you and TABC On The Fly arising therefrom or from 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. You hereby consent to the exclusive jurisdiction and venue of state and federal courts located in Dallas County, Texas. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use including, without limitation, this paragraph.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms of use and is hereby expressly excluded. Software available in connection with the website and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the website or otherwise exported or re-exported in violation of United States export laws.
GENERAL
If any part of these terms of use are determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
The failure of TABC On The Fly to require strict performance by you of any provision hereof will not affect its right to require such performance at any time thereafter. Any waiver of any right or provision herein will not be effective unless in writing and signed by both parties.
No agency, partnership, joint venture or employment relationship is created by these terms of use.
These terms of use constitute the entire agreement between you and TABC On The Fly with respect to the website and supersede all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the you and TABC On The Fly. Section headings are used for convenience only and will in no way affect the construction or interpretation of these terms of use.
TERMINATION
You agree that TABC On The Fly, in its sole discretion, may without prior notice suspend or terminate your account (or any part thereof) or use of the website and remove and discard any data, for any reason, including, without limitation, for lack of use or if TABC On The Fly believes that you have violated or acted inconsistently with the letter or spirit of these terms of use or suspects any fraudulent, abusive or illegal activity. Further, you agree that TABC On The Fly will not be liable to you or any third party for any such suspension, termination, restriction of use or deletion of data.