TERMS OF SERVICE
Please carefully read these terms and conditions (these “Terms and Conditions”) before using The Client Center Network (the “TCCN”). By accessing, using or downloading materials from TCCN, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use TCCN.
The Arzon Group LLC (“TCCN,” “we” or “us”) is the owner of the TCCN. The TCCN contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by TCCN. Information included in TCCN should not be used as a substitute for local, state, or federal laws and you understand that the information contained in TCCN may be superseded by new information or rules from local, state, or federal regulators. The information included in the TCCN materials is not a substitute for knowing and complying with all applicable local, state, or federal regulations.
Portions of TCCN may be made available only to persons who have registered and who have been issued a username and/or password or other positive identifiers by TCCN (“Registered Users”). Only Registered Users are authorized to access the restricted portions of TCCN. Your use of TCCN and access to the Information contained therein is expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in these Terms and Conditions. In addition, access to certain areas of TCCN may also be governed by other terms and conditions. In the event of a conflict between these Terms and Conditions and those necessary to access restricted portions of TCCN, the terms and conditions governing the restricted portions of TCCN will govern your access to such areas and any transactions conducted while in such restricted areas, and these Terms and Conditions will apply where there is not a conflicting provision. In addition, you hereby acknowledge and agree as follows:
1. License Grant
TCCN grants you a worldwide, non-exclusive, and non-transferable license to use TCCN. You may download, view, copy, and print the Information incorporated into TCCN solely for your personal, non-commercial use. The Information may not be transferred to, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of TCCN, to facilitate unfair competition with TCCN, or for any purpose that is inappropriate or unlawful under applicable United States or international law or otherwise in violation of these Terms and Conditions. TCCN reserves all rights, including but not limited to, intellectual property rights not expressly granted to you.
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file except through authorized access to TCCN. Unless separately and specifically authorized in writing by TCCN, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share TCCN, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to TCCN without the authorization of TCCN is strictly prohibited. You agree to use TCCN and Information for lawful purposes only. You agree not to post or transmit any information through TCCN which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of TCCN or Information.
Your TCCN membership will continue and automatically renew until terminated. To use TCCN you must have Internet access and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your TCCN membership by visiting our website and clicking on the “Account” link.
4. Billing and Cancellation
Billing Cycle. The membership fee for TCCN and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
Payment Methods. To use TCCN you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to TCCN until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
Cancellation. You can cancel your TCCN membership at any time, and you will continue to have access to the TCCN service through the end of your billing period. If you cancel your membership, your account will automatically close at the end of your current billing period.
No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
5. User Content
Submissions. All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to TCCN on or in connection with TCCN are submitted without any restrictions or expectation of confidentiality. TCCN shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. TCCN shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.
Responsibility for Content. TCCN does not screen, edit or review material submitted by users. TCCN therefore accepts no responsibility or liability for any material which may reside in or is accessed by TCCN other than TCCN Information. TCCN has no responsibility with respect to other sites.
User Linking. You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to TCCN. Furthermore, you may not use any of TCCN's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without the TCCN's express written permission, which TCCN may withhold in its sole discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by TCCN; (ii) cause confusion, mistake, or deception; (iii) dilute TCCN's trademarks or service marks; or (iv) otherwise violate state or federal law.
6. Third Party Links
TCCN may contain links to other websites. These links are provided for informational purposes only, and TCCN does not sponsor or affiliate with any linked entity unless expressly stated. TCCN makes no representations and assumes no responsibility for your use of links provided on TCCN. You agree to indemnify and hold TCCN and any of its related entities, board members, employees, agents and representatives harmless from and against, and shall reimburse TCCN for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys' fees) which may be incurred by TCCN as a result of the material you link, upload, post, or transmit to TCCN. TCCN has no duty to review or edit materials submitted by users. Any such materials may be removed by TCCN at any time for any reason whatsoever.
8. Password Disclosure
You are prohibited from sharing your username and/or password with any other person, and you are responsible for ensuring that you do not take any actions—or fail to take any actions—that could result in their unauthorized access and use of TCCN or the Information. If, at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by TCCN and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account.
It is recommended that you use a high-speed internet connection. The compatible operating systems may change from time to time. TCCN is not responsible for your failure to use the recommended or compatible software.
You acknowledge that TCCN reserves the right to, and may from time to time, monitor any and all Information transmitted or received through TCCN. TCCN, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which TCCN deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of TCCN, authorized or unauthorized, constitutes consent to such monitoring.
11. Privacy and Consent to Share Certain Information
When you access content in our website, we collect information, including, but not limited to, information about the modules you review online, the test questions you complete, your performance on practice tests, and your progress toward full completion of all course assignments. Information concerning your usage of our site and your progress using our materials (“Course Performance Information”) may be disclosed to third parties such as educational institutions and product development partners for a variety of purposes, including, but not limited to, the development of new products and services.
TCCN is intended for Oregon Liquor Control Commission (“OLCC”) permitted workers, which Oregon law currently requires to be adults 21 years or older. The age requirement listed in this Section 12 shall automatically adjust to any increase or decrease in the age requirement for OLCC permitted workers as amended by the Oregon legislature. You are not permitted to use TCCN if you are under the age of 21. By using TCCN, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 21 in accessing TCCN or to attempt to contact children under 21 through TCCN.
13. Choice of Law and Jurisdiction
These Terms and Conditions and any claim, controversy, or dispute arising out of or relating to the Terms and Conditions or you use of TCCN shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to any conflict of law principles. Further, any such claim or cause of action shall be brought exclusively in the state or federal courts located in Minneapolis, Hennepin County, Minnesota, and you irrevocably agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Minnesota as your agent for service of process. You agree to waive any objection that the state or federal courts of Hennepin County, Minnesota, are an inconvenient forum.
14. Disclaimer of Warranties
You acknowledge and agree that no warranties of any kind are made with respect to TCCN. Furthermore, you acknowledge that the Information and links provided through TCCN are compiled from sources that are beyond the control of TCCN. Though such Information is recognized to be generally reliable, you acknowledge that inaccuracies may occur, and that TCCN and its licensors do not warrant the accuracy or suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE THAT TCCN AND INFORMATION ARE PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. TCCN DOES NOT WARRANT THAT TCCN WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR FREE. TCCN EXPRESSLY EXCLUDES AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TCCN SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF TCCN, INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE. Under these Terms and Conditions, you assume all risk of errors and/or omissions in TCCN and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD TCCN HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
15. Limitation of Liability
IN NO EVENT SHALL TCCN OR ITS EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES WHETHER DEEMED DIRECT OR CONSEQUENTIAL AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE.
IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED $250.00.
16. Limitation of Claims
Any action on any claim against TCCN must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived.
17. Other Disclaimers
TCCN is for informational purposes only and may not reflect the most current legal or medical developments. None of the information on TCCN is intended to constitute, nor does it constitute, legal or medical advice. You should not act or refrain from acting on the basis of any content included in TCCN without seeking the appropriate legal or other professional advice on the facts and circumstances at issue from an attorney licensed in your state. TCCN does not guarantee that use of TCCN will reduce your audit risk with any state or federal government agency. Information included in TCCN should not be used as a substitute for local, state, or federal laws and you understand that the information contained in TCCN may be superseded by new information or rules from local, state, or federal regulators. The information included in the TCCN materials is not a substitute for knowing and complying with all applicable local, state, or federal regulations.
Whenever possible, each provision of these Terms and Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms and Conditions shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms and Conditions. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.
You agree to defend, indemnify, and hold TCCN and its employees, agents, licensors or contractors harmless from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to your use of TCCN, including without limitation, your violation of these Terms and Conditions, in each case whether or not caused by the negligence of TCCN or its employees, agents, licensors or contractors and whether or not the relevant claim has merit.
In the event that any third-party claim is brought, TCCN has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If TCCN exercised this option, you agree to cooperate with it in asserting any available defenses.
20. Copyright, Patent and Trademark Notice
Copyright 2019–2020 The Arzon Group LLC. All rights reserved. TCCN and Information is the valuable, exclusive property of TCCN or its licensors and nothing in these Terms and Conditions shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as expressly permitted in these Terms and Conditions, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without TCCN's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. TCCN, and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of The Arzon Group LLC. All other product names and company logos mentioned on TCCN or Information are trademarks of their respective owners.
21. Notice and Procedure for Copyright Infringement Claim
TCCN, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right to terminate your use TCCN or Information if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. TCCN accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), TCCN has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. TCCN's designated agent to receive notification of claimed infringement is:
The Arzon Group LLC
4434 Pillsbury Avenue S
Minneapolis, Minnesota 55419
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the TCCN designated agent, listed above, and must include the following information:
A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
Description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for other types of infringing materials, a list of such materials.
Description of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
22. Entire Agreement
The Terms and Conditions constitute the entire agreement between you and TCCN. This agreement may not be modified except by TCCN.