Terms

Beer Conscious Terms and Conditions

The following are the terms and conditions for use of the Beer Conscious Training

service described herein (the "Service") between Nazdar, Inc. (hereafter, Beer

Conscious Training) and you (either an individual or a legal entity that you

represent as an authorized employee or agent) ("You"). Please read them carefully.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE

SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN

ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE

TERMS AND CONDITIONS OF THE SERVICE ("AGREEMENT"). The Service

is offered to you conditioned on your acceptance without modification of the

terms, conditions, and notices contained herein.

1. DEFINITIONS

◦ "Account" refers to the billing account for the Service.

◦ "Documentation" means any accompanying documentation made

available to You by Beer Conscious Training for use with the videos,

including any documentation available online or otherwise.

◦ "Servers" means the servers controlled by Beer Conscious Training

(or its wholly owned subsidiaries) upon which the Training Videos

and Customer Data are stored.

◦ "Training Videos" means the video content that is provided by Beer

Conscious Training.

2. FEES AND SERVICES

◦ Beer Conscious Training may change its fees and payment policies for

the Service from time to time including but not limited to the addition

of costs for excessive data transfer rates for individual or corporate

customers.

◦ The changes to the fees or payment policies are effective upon Your

acceptance of such changes which will be posted at

www.beerconscious.com (or such other URL Beer Conscious Training

may provide from time to time). Unless otherwise stated, all fees are

quoted in American Dollars. Any outstanding balance becomes

immediately due and payable upon termination of this Agreement for

any reason and any collection expenses (including attorneys' fees)

incurred by Beer Conscious Training will be included in the amount

owed, and may be charged to the credit card or other billing

mechanism associated with your Beer Conscious Training account.

◦ Any included in-person training will be completed within one year of

purchase and the webinar training will be completed within 2 years of

purchase.

◦ When your initial term of service has expired (between 1 month and 7

years) you will automatically be renewed at the agreed upon monthly

rate (currently $75 a month per user) until you notify Beer Conscious

Training in writing that you would like to cancel your service

effective at the next renewal date. Your credit card on file will be

charged for this access and no refunds will be issued after it is

charged. Failing a credit card charge, you will receive an invoice

which is due immediately. You have to notify Beer Conscious

Training of your intent to cancel your account at the end of your

current period before that period ends.

◦ You understand that we only provide the training for industry exams

(such as the Cicerone Exam, Beer Steward Exam, Beer Judge

Certification Exam, etc) and that we do not conduct the exams and

that your fees do not go towards the exam costs with these separate

companies.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY . To register for the

Service, You must complete the registration process by providing Beer

Conscious Training with current, complete and accurate information as

prompted by the registration form, including Your e-mail address (username)

and password. You shall protect your passwords and take full responsibility

for Your own, and third party, use of Your accounts. You are solely

responsible for any and all activities that occur under Your Account. You

agree to notify Beer Conscious Training immediately upon learning of any

unauthorized use of Your Account or any other breach of security. From time

to time, Beer Conscious Training's (or its wholly-owned subsidiaries')

support staff may log in to the Service under Your customer password in

order to maintain or improve service, including to provide You assistance

with technical or billing issues. You hereby acknowledge and consent to

such access.

4. NONEXCLUSIVE LICENSE . Beer Conscious Training hereby grants You

a limited, revocable, non-exclusive, non-sublicensable license to view video

files that reside on www.BeerConscious.com or www.nazdarbeer.com

(collectively, the "Website"). Subject to the terms and conditions of this

Agreement, You may remotely access and view training videos. Your license

of, use of and access to the Beer Conscious Training videos (which may

include, without limitation, the additional related Software and

Documentation) is conditioned upon Your compliance with the terms and

conditions of the Agreement, including the following:

◦ You will not nor will You allow any third party to (i) copy, modify,

adapt, translate or otherwise create derivative works of the Beer

Conscious Training training materials; (ii) reverse engineer, decompile,

disassemble or otherwise attempt to discover the source file

content of the training videos, except as expressly permitted by the

law in effect in the jurisdiction in which You are located; (iii) rent,

lease, sell, assign or otherwise transfer rights in or to the training

videos, the Documentation or the Service; (iv) remove any proprietary

notices or labels on the training materials or placed by the Service; or

(v) use, post, transmit or introduce any device, software or routine

which interferes or attempts to interfere with the operation of the

Service or the Software; or (vi) allow others, not directly employed by

You, to view the videos. You will use the Software, Service and

Reports solely for Your own internal use, and will not make the

Software or Service available for timesharing, application service

provider or service bureau use. You will comply with all applicable

laws and regulations in Your use of and access to the Documentation,

Training Videos, Service and Reports.

◦ This license will terminate immediately if You fail to comply with the

terms of this Agreement. Upon such termination, You must not access

www.BeerConscious.com or relates services.

5. CONFIDENTIALITY . "Confidential Information" includes any proprietary

data and any other information disclosed by one party to the other in writing

and marked "confidential" or disclosed orally and, within five business days,

reduced to writing and marked "confidential". Notwithstanding the

foregoing, Confidential Information will not include any information that is

or becomes known to the general public, which is already in the receiving

party's possession prior to disclosure by a party or which is independently

developed by the receiving party without the use of Confidential

Information. Neither party will use or disclose the other party's Confidential

Information without the other's prior written consent except for the purpose

of performing its obligations under this Agreement or if required by law,

regulation or court order. In which case, the party being compelled to

disclose Confidential Information will give the other party as much notice as

is reasonably practicable prior to disclosing such information. Upon

termination of this Agreement, the parties will promptly either return or

destroy all Confidential Information and, upon request, provide written

certification of such. You are responsible for safeguarding the confidentiality

of Your password(s) and user name(s) issued to You by Beer Conscious

Training, and for any use or misuse of Your account resulting from any third

party using a password or user name issued to You. You agree to

immediately notify Beer Conscious Training of any unauthorized use of

Your account or any other breach of security known to You.

6. INFORMATION RIGHTS AND PUBLICITY. Beer Conscious Training and

its wholly owned subsidiaries may retain and use, subject to the terms of its

Privacy Policy (at http://www.BeerConscious.com/), or such other URL as

Beer Conscious Training may provide from time to time), information

collected in Your use of the Service. Beer Conscious Training will not share

information associated with You or your Site with any third parties unless

Beer Conscious Training (i) has Your consent; (ii) concludes that it is

required by law or has a good faith belief that access, preservation or

disclosure of such information is reasonably necessary to protect the rights,

property or safety of Beer Conscious Training, its users or the public; or (iii)

provides such information in certain limited circumstances to third parties to

carry out tasks on Beer Conscious Training's behalf (e.g., billing or data

storage) with strict restrictions that prevent the data from being used or

shared except as directed by Beer Conscious Training . When this is done, it

is subject to agreements that oblige those parties to process such information

only on Beer Conscious Training's instructions and in compliance with this

Agreement and appropriate confidentiality and security measures.

7. PRIVACY. You will not (and will not allow any third party to) attempt to

copy, record, VIEW or reverse engineer any Training Videos or

Documentation supplied by Beer Conscious Training or stored on the Beer

Conscious Training (or related) websites.

8. INDEMNIFICATION . You agree to indemnify, hold harmless and defend

Beer Conscious Training and its wholly owned subsidiaries, at Your

expense, any and all third-party claims, actions, proceedings, and suits

brought against Beer Conscious Training or any of its officers, directors,

employees, agents or affiliates, and all related liabilities, damages,

settlements, penalties, fines, costs or expenses (including, without limitation,

reasonable attorneys' fees and other litigation expenses) incurred by Beer

Conscious Training or any of its officers, directors, employees, agents or

affiliates, arising out of or relating to (i) Your breach of any term or

condition of this Agreement, (ii) Your use of the Service, (iii) Your violations

of applicable laws, rules or regulations in connection with the Service, or

(iv) Your Brand Features. In such a case, Beer Conscious Training will

provide You with written notice of such claim, suit or action. You shall

cooperate as fully as reasonably required in the defense of any claim. Beer

Conscious Training reserves the right, at its own expense, to assume the

exclusive defense and control of any matter subject to indemnification by

You.

9. THIRD PARTIES. If You provide access to Your Account or any portion

thereof to any third party or use the Service to collect information on behalf

of any third party ("Third Party"), you are admitting breach of this contract,

and by agreeing to use the service or register as a user, you accept that you

will be help financially accountable for any damage Beer Conscious

Training deems you have caused. No third parties are allowed to view the

videos, or in any way use any of the videos or content with your account.

10. DISCLAIMER OF WARRANTIES . The information and services included

in or available through the Service, including the Reports, may include

inaccuracies or typographical errors. Changes are periodically added to the

information herein. Beer Conscious Training and/or its respective suppliers

may make improvements and/or changes in the Service or Software at any

time, with or without notice. Beer Conscious Training does not represent or

warrant that the Service will be uninterrupted or error-free, that defects will

be corrected, or that the Service, the Training Videos or any other software

on the Server are free of viruses or other harmful components. Beer

Conscious Training does not warrant or represent that the use of the Service

or the Training Videos will be correct, accurate, timely or otherwise reliable.

◦ THE SERVICE, THE TRAINING VIDEOS AND REPORTS ARE

PROVIDED "AS IS" AND THERE ARE NO WARRANTIES,

CLAIMS OR REPRESENTATIONS MADE BY Beer Conscious

Training AND/OR ITS SUBSIDIARIES AND AFFILIATES,

EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT

TO THE SERVICE, THE TRAINING VIDEOS, THE

DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES

OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,

EDUCATION, MERCHANTABILITY, OR FITNESS FOR A

PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES

CREATED BY COURSE OF DEALING, COURSE OF

PERFORMANCE, OR TRADE USAGE. Beer Conscious Training

DOES NOT WARRANT THAT THE SERVICE, THE TRAINING

VIDEOS OR RELATED DOCUMENTATION WILL MEET YOUR

NEEDS OR BE FREE FROM ERRORS, OR THAT THE

OPERATION OF THE SERVICE WILL BE UNINTERRUPTED,

EXCEPT AS STATED IN THE NEXT PARAGRAPH. THE

FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN

ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE

BASIS FOR DETERMINING THE PRICE CHARGED FOR THE

SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN

IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT

APPLY TO YOU.

◦ Beer Conscious Training WARRANTS YOUR VIDEOS TO BE IN

GOOD WORKING ORDER, OR TO WORK TO RESOLVE THEIR

WORKING ORDER IN A TIMELY MANNER, AND TO IMPROVE

THE KNOWLEDGE OF YOUR STAFF WITHIN 90 DAYS FROM

YOUR DATE OF PURCHASE. THIS WARRANTY IS VALID

GIVEN THAT YOU AND YOUR STAFF WATCH EVERY MINUTE

OF ALL OF THE VIDEOS WITH FULL ATTENTION AT LEAST

TWICE. IF AFTER TWO FULL VIEWINGS OF EACH SESSION

OF THE VIDEOS, YOU DEEM THAT YOU ARE NOT ANY MORE

KNOWLEDGEABLE ABOUT BEER, THE BREWING PROCESS,

ET AL., Beer Conscious Training WILL REFUND THE MONEY

YOU HAVE PAID FOR THE VIDEOS, UPON SURRENDER OF

YOUR LOGIN INFORMATION AND THE PHYSICAL DVDs YOU

PURCHASED.

11. LIMITATION OF LIABILITY. Beer Conscious Training AND ITS

WHOLLY OWNED SUBSIDIARIES WILL NOT BE LIABLE TO USER

OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL,

PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT

LIMITATION, LOST PROFITS OR INCORRECT INFORMATION), OR

INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR

ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT

LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY,

INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Beer

Conscious Training AND/OR ITS SUBSIDIARIES AND AFFILIATES

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY

REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY

PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO

NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE

LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING

PARAGRAPH MAY NOT APPLY TO YOU.

◦ Beer Conscious Training's (and its wholly owned subsidiaries') total

cumulative liability to You or any other party for any loss or damages

resulting from any claims, demands, or actions arising out of or

relating to this Agreement shall not exceed U.S. $500.

12. SERVICE LEVELS. Beer Conscious Training does not guarantee the

Service will be operable at all times or during any down time (1) caused by

outages to any public Internet backbones, networks or servers, (2) caused by

any failures of Your equipment, systems or local access services, (3) for

previously scheduled maintenance or (4) relating to events beyond Beer

Conscious Training's (or its wholly owned subsidiaries') control such as

strikes, riots, insurrection, fires, floods, explosions, war, governmental

action, labor conditions, earthquakes, natural disasters, or interruptions in

Internet services to an area where Beer Conscious Training (or its wholly

owned subsidiaries) or Your servers are located or co-located. Complete

accuracy in all aspects of Your Training Record at all times also is not

guaranteed.

13. PROPRIETARY RIGHTS NOTICE . The Service, which includes but is not

limited to the Beer Conscious Training Videos and all intellectual property

rights in the Service are, and shall remain, the property of Beer Conscious

Training (and its wholly owned subsidiaries). All rights in and to the

Processing Software not expressly granted to You in this Agreement are

hereby expressly reserved and retained by Beer Conscious Training and its

licensors without restriction, including, without limitation, Beer Conscious

Training's (and its wholly owned subsidiaries') right to sole ownership of the

Beer Conscious Training Software and Documentation. Without limiting the

generality of the foregoing, You agree not to (and to not allow any third

party to): (a) sublicense, distribute, or use the Service outside of the scope of

the License granted herein; (b) copy, modify, adapt, translate, prepare

derivative works from, reverse engineer, disassemble, or decompile the

Processing Software or otherwise attempt to discover any source code or

trade secrets related to the Service; (c) use the trademarks, trade names,

service marks, logos, domain names and other distinctive brand features or

any copyright or other proprietary rights associated with the Service for any

purpose without the express written consent of Beer Conscious Training; (d)

register, attempt to register, or assist anyone else to register any trademark,

trade name, serve marks, logos, domain names and other distinctive brand

features, copyright or other proprietary rights associated with Beer

Conscious Training (or its wholly owned subsidiaries) other than in the

name of Beer Conscious Training (or its wholly owned subsidiaries, as the

case may be); or (e) remove, obscure, or alter any notice of copyright,

trademark, or other proprietary right appearing in or on any item included

with the Service.

14. COPYRIGHT . The content, organization, graphics, design, compilation,

magnetic translation, digital conversion and other matters related to the

website and videos are protected under applicable copyrights, trademarks

and other proprietary (including but not limited to intellectual property)

rights. The copying, redistribution, use or publication by You of any such

matters or any part of the website or DVDs is strictly prohibited.

15. TERM and TERMINATION . Either party to the Agreement may terminate

it at any time and for any reason.

◦ Upon any termination or expiration of this Agreement, Beer

Conscious Training will cease providing the Training Videos, and

certify thereto in writing to You within seven (7) business days of

such termination. In the event of any termination (a) You will not be

entitled to any refunds of any usage fees, sales or any other fees, and

(b) any (i) outstanding balance for Service rendered through the date

of termination, and (ii) other unpaid payment obligations during the

remainder of the Initial Term will be immediately due and payable in

full and (c) all of Your historical report data will no longer be

available to You.

16. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES .

Beer Conscious Training reserves the right to change or modify any of the

terms and conditions contained in this Agreement or any policy governing

the Service, at any time, by posting the new agreement to the site located at

www.BeerConscious.com (or such other URL as Beer Conscious Training

may provide). You are responsible for regularly reviewing the policy. No

amendment to or modification of this Agreement will be binding unless (i) in

writing and signed by a duly authorized representative of Beer Conscious

Training, (ii) You accept updated terms online, or (iii) You continue to use

the Service after Beer Conscious Training has posted updates to the

Agreement or to any policy governing the Service.