Last Updated: February 15, 2019
Registration and Security. Access to certain portions of the Site is restricted to registered Users. To register an account and/or use our services through our Site, you may be required to provide certain Personal Information (as further described below). By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties to, process all transactions related to this Site and its operation, including, without limitation, purchases and/or registration for services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
You agree, represent, warrant, and guarantee that all Personal Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen or someone has attempted to use the services or Site through your account without your consent). We strongly recommend that you do not store your username or password if you are using a public computer to access the services and that you always log out of your account when you are finished using the services.
Limitations on Use. This Site may be used and accessed for lawful purposes only. You agree to abide by all applicable laws and regulations in connection with your use of the Site and its content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:
transmit or submit any content (i) which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content); (ii) which infringes the intellectual property rights or violates the privacy rights of any third party; or (iii) which is harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, vulgar, violent, hateful, or otherwise objectionable;
use the Site to collect or store Personal Information about other Users;
knowingly include or use any false or inaccurate information in any profile;
transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code, that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other User to the Site;
circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;
attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;
transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;
use the Site in any way that competes with us; or
encourage, collaborate, or instruct any other person or entity to do any of the foregoing.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SITE OR OUR SERVICES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO IMMEDIATELY TERMINATE ANY USER’S ACCESS TO OUR SITE OR SERVICES AND/OR TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE OR TO RETAIN THE CONTENT ON THIS SITE UNLESS OTHERWISE AGREED.
Return/Refund Policies. All services associated with the Site are time sensitive or can be updated/changed without warning. No TopShelf Tech services, once purchased, can be returned for a refund unless they are defective. TopShelf Tech will post notice on the Site giving notice prior to preforming updates. Refunds can be requested via the contact information below and TopShelf Tech will give full consideration of the request.
Individual Online Courses. It is the responsibility of each User to know if he/she is taking the correct online course when trying to fulfill the training requirements ion his/her state or company. Courses in the course screen offer detailed state requirements and a description of the course. Please read these descriptions carefully. If you have any questions please contact your employer/manager or our office for assistance. There will be no refunds given for any online course once it has been launched.
Reliance on Information Posted. We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site or the entire Site is unavailable for any period of time. Periodically, we may restrict access to portions of the Site or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for your decisions based on information contained within this Site. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or by anyone who may be informed of any of its contents.
Intellectual Property. The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, TopShelf Tech owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site database(s) as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.
Disclaimer of Warranties and Liability. THE INFORMATION AND MATERIALS CONTAINED ON THIS SITE OR IN ANY TOPSHELF TECH SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
TOPSHELF TECH, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR INFORMATION FOUND ON THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE. TopShelf Tech does not warrant or make any representations regarding the use or the results of the use of the materials or information on Site and in any TopShelf Tech services or regarding the accuracy, adequacy, completeness, legality, reliability, or usefulness of any materials or information contained on this Site or in any TopShelf Tech services.
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE TOPSHELF TECH, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE.
You acknowledge that you are responsible for any actions you take while on this Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
IN NO EVENT WILL TOPSHELF TECH, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY OR UNDER ANY EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Site’s content and services, and your use of any information obtained from the Site or any information you provide to the Site.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
When you visit the Site and/or use our services, we may collect certain personally identifying information from you, which may include your name, date of birth, email address, phone number, and mailing address (collectively, “Personal Information”). Such information may be provided by you to determine pre-qualification for certain courses offered by TopShelf Tech. We may also obtain certain Personal Information from your employer if you are accessing our services through a company subscription. This information will be requested based upon employer and/or state requirements.
TopShelf Tech will limit the dissemination of Personal Information. To that end, TopShelf Tech will only share such information your employer and, if required by state alcohol board regulators, for the purposes of permitting or proof of certification. TopShelf Tech will use and share your Personal Information only as necessary and permitted by law in order to provide necessary information for Users to obtain certifications and permits through our services.
We do not sell or rent information related to our Users to any third parties. We use information collected by clickstream data collection, web pixels, and cookies to improve website navigation, make personalized features and other services available to you, to generate statistical information, monitor and analyze User traffic and usage patterns, monitor and prevent fraud, investigate complaints and potential violations of our policies, to improve the our content and the services, materials, and other content that we describe or make available through the Site and to otherwise help administer and improve the services.
Except as otherwise stated, we may use information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited to:
to respond to your requests and provide User support;
to evaluate and improve the content of our Services and to customize the Services to your preferences;
to communicate promotional materials to you (where you have provided your express consent);
to maintain record of activities in connection with your use of the Site;
to notify you of any changes to relevant agreements or policies;
to enforce our agreements, terms, conditions, and policies;
to process your transaction, including, but not limited to, fulfilling your order request and providing you with services you have ordered;
to prevent or investigate fraud (or for risk management purposes), or to comply with a legal obligation, court order, or in order to exercise our legal claims or to defend against legal claims;
to conduct aggregate analysis and develop business intelligence that helps us to enhance, operate, protect, make informed decisions and report on the performances of our services;
to describe our services to current/prospective business partners; and
for other purposes identified to you and as requested by you.
We may anonymize or aggregate information that we collect from the use of the services, such as de-identified demographic information, de-identified location information, market trends, and other analysis that we create based on the information we receive from you and other Users. If you provide Personal Information through our services, we may aggregate that information with other information.
We take commercially reasonable steps online and offline to safeguard the Personal Information that you provide to us If you have any questions about security on our Site or if you become aware of any unauthorized use of an account or suspect a security breach, notify us immediately via email at the address below. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.
TopShelf Tech uses a secure third party credit card processor. TopShelf Tech does not store any credit card information. All credit card transaction correspondence will be sent from nmi.com. For more information on third-party credit card processor, please email us at the contact information below.
Children’s Privacy. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Information from anyone under the age of thirteen (13) without verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Services.
Severability and Waiver. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.
Email Address: firstname.lastname@example.org
Mailing Address: Attention: Website Inquiry
1545 Western Ave. Suite 210
Knoxville, TN 37921