Terms of Use

Date Last Modified: December 15th, 2023

These Terms of Use are an Agreement (“Agreement”) between Jerry R. Jolly and Associates, LLC (“Certified Alcohol Training”) and the individual who is viewing this online Agreement (“End User”, “You”, or “Your”). Before accessing the Certified Alcohol Training’s online training program (“OTP”), which contains Certified Alcohol Training content and content supplied to Certified Alcohol Training by third parties, along with associated documentation, media, and online or electronic documentation, and other content and updates (collectively, the “Certified Alcohol Training Courses”), You must agree to the terms and conditions of this Agreement. 

BY ACCESSING THE CERTIFIED ALCOHOL TRAINING COURSES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, THEN YOU WILL NOT HAVE ANY LICENSE TO ANY CERTIFIED ALCOHOL TRAINING COURSES. CERTIFIED ALCOHOL TRAINING’S COURSES ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS OF THIS AGREEMENT; IF THESE TERMS ARE CONSIDERED AN OFFER BY CERTIFIED ALCOHOL TRAINING, THEN ACCEPTANCE IS LIMITED TO THESE TERMS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CERTIFIED ALCOHOL TRAINING. 

If You are accepting this Agreement on behalf of a company, organization, government, or other legal entity, you represent and warrant that (i) You are authorized to do so, and (ii) the entity agrees to be legally bound by this Agreement. 

The Certified Alcohol Training Courses and website are available only to persons who are the age of majority and can form legally binding contracts under applicable law. Without limiting the foregoing, the Certified Alcohol Training Courses and website are not intended to be used by individuals under the age of 18. If You do not qualify, please do not use or access the Certified Alcohol Training Courses or website. 

1. LICENSE. Subject to the terms and conditions of this Agreement, Certified Alcohol Training grants You, subject to Certified Alcohol Training’s receipt of all appropriate license fees, a personal, restricted, time-limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use the Certified Alcohol Training Courses purchased by You solely Your personal or internal business purposes and solely from the OTP (the “License”). 

2. RESTRICTIONS.

     2.1 The License granted hereunder is personal to You. You may not transfer any of the rights granted to You under this Agreement, nor may You permit third parties, including but not limited to Your subsidiaries and affiliates, to benefit from the use or functionality of the Certified Alcohol Training Courses. Any attempt by You to transfer any of the rights, duties or obligations hereunder is void and will be deemed a breach of this Agreement. The Certified Alcohol Training Courses are licensed as a single product; they may not be shared or used by multiple users. A Certified Alcohol Training Course may not be assigned to another person once You have enrolled in a Certified Alcohol Training Course. Libraries and bundles of Certified Alcohol Training Courses are available for a single user only and may not be separated or used by multiple users.  

     2.2 You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) use, copy, print, modify, adapt, create derivative works of, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, distribute, publicly perform, publicly display, or otherwise grant rights to the Certified Alcohol Training Courses, or any copy thereof, in whole or in part, except as expressly provided in this Agreement; (ii) reverse engineer, disassemble, decompile, or translate the Certified Alcohol Training Courses, or otherwise attempt to derive the source code, structural framework or the data records of the Certified Alcohol Training Courses; (iii) loan or resell the Certified Alcohol Training Courses, or any part thereof in any way including, but not limited to, making the Certified Alcohol Training Courses available to any other person, including using on a service bureau or time sharing basis, via shared access to a computer network or access information, which may include the log-in name and password or other authentication data for the Certified Alcohol Training Courses; (iv) remove any proprietary notices or labels from the Certified Alcohol Training Courses; or (v) make copies of the Certified Alcohol Training Courses, copy any printed materials or documentation accompanying the Certified Alcohol Training Courses or give copies to another person, or duplicate the Certified Alcohol Training Courses by any other means, including electronic transmission, except as specifically set forth herein. You may print one copy of an e-kit (student materials provided electronically) solely in accordance with the instructions provided to You regarding the specific e-kit transmitted to You. IN NO EVENT ARE YOU AUTHORIZED TO DOWNLOAD ANY CERTIFIED ALCOHOL TRAINING COURSES ONTO YOUR COMPUTERS, SERVERS, OR OTHER DEVICES. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CERTIFIED ALCOHOL TRAINING COURSES TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. 

     2.3 You may not directly or indirectly through a third party, nor authorize any third party to, do any of the following: (i) copy the OTP or any part thereof; (ii) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code from the OTP; (iii) write or develop any derivative or other software programs based, in whole or in part, upon the OTP; (iv) interfere with or disrupt the integrity or performance of the OTP or any data contained therein; (v) attempt to gain unauthorized access to the OTP or its related data, systems or networks; (vi) publish or disclose to third parties any evaluation of the OTP without Certified Alcohol Training’s prior written consent; and/or (vii) perform vulnerability, load or any other test of the OTP without Certified Alcohol Training’s prior written consent. 

3. OWNERSHIP. The Certified Alcohol Training Courses (including but not limited to all copyrights, patents, patent applications, trade secret rights, trademarks, source code, text and any images, photographs, icons, graphics, animations, video, audio, music, and all other media incorporated into the Certified Alcohol Training Courses) and the OTP are the property of Certified Alcohol Training or its licensors and suppliers and are protected by U.S. and international copyright and other intellectual property laws and treaties. The Certified Alcohol Training Courses are licensed, not sold, to You for use only under the terms of this Agreement, and Certified Alcohol Training reserves all rights not expressly granted to You. Jerry R. Jolly and Associates, the Certified Alcohol Training Course names, and the Certified Alcohol Training logo referenced in the Certified Alcohol Training Courses are either trademarks or registered trademarks of Certified Alcohol Training. Other product and company names mentioned in the Certified Alcohol Training Courses are the trademarks of their respective owners. For clarification, You will have no ownership or other right, title or interest in and to the Certified Alcohol Training Courses, including but not limited to any copyright and trademark rights, except as for the limited License to the Certified Alcohol Training Courses purchased by You. You will indemnify Certified Alcohol Training for any and all costs, expenses and damages incurred by Certified Alcohol Training as a result of Your infringement of Certified Alcohol Training and its licensors’ intellectual property rights in or to the Certified Alcohol Training Courses.

4. TERM. Every Certified Alcohol Training Course has an expiration date. Unless indicated otherwise in the Certified Alcohol Training Course, each Certified Alcohol Training Course License will expire one (1) year after it is licensed by You. Your License to a Certified Alcohol Training Course commences on the date You licensed the Certified Alcohol Training Course from Certified Alcohol Training (the date of online payment or the invoice date if not purchased online) and will terminate on the sooner to occur of: (i) the date You successfully complete the licensed Certified Alcohol Training Course as evidenced by passing the final exam and/or being eligible for a certificate of completion; or (ii) the date the Certified Alcohol Training Course License expires. You agree and understand that upon termination of the License, You will no longer be able to use or access the Certified Alcohol Training Course You licensed. Sections 2 (“Restrictions”), 3 (“Ownership”), 8 (“Warranty Disclaimer”), 9 (“Limitation of Liability”), 11 (“Export Law”), 12 (“General”) and 14 (“Modifications”) will survive termination of the licenses granted under this Agreement.

5. TERMINATION. This Agreement will terminate with respect to a Certified Alcohol Training Course License immediately without notice to You (i) upon Your License terminating pursuant to Section 4; or (ii) if You breach any term or condition of this Agreement. Certified Alcohol Training reserves the right to modify or terminate any Certified Alcohol Training Course or Certified Alcohol Training services and/or product offerings at any time without notice to You. You may terminate a Certified Alcohol Training Course License at any time by notifying Certified Alcohol Training in writing. Upon receipt of notice of termination, the Certified Alcohol Training Course License will terminate, and You will no longer be able to use or access such Certified Alcohol Training Course. Further, in the event of a termination or expiration of any agreement between Certified Alcohol Training and a third-party supplier of a Certified Alcohol Training Course, Your right to access and use such Certified Alcohol Training Course will also terminate.

6. THIRD-PARTY SOURCES. You acknowledge that the Certified Alcohol Training Courses may incorporate information that is proprietary to one or more third party(ies). Such third party(ies) and Certified Alcohol Training suppliers are third party beneficiaries of this Agreement with the authority to enforce those portions of this Agreement that are relevant to the agreements they have with Certified Alcohol Training directly against You.

7. CONTENT MAINTAINED BY Certified Alcohol Training. You acknowledge and agree that: (i) Certified Alcohol Training may, from time to time, elect to update the Certified Alcohol Training Courses, but Certified Alcohol Training does not warrant or guarantee that any Certified Alcohol Training Courses will be updated, or that any updates will be made available to You, at any time during the term of this Agreement; (ii) Certified Alcohol Training does not assume, and expressly disclaims, any obligation to update and include any information in the Certified Alcohol Training Courses; (iii) Certified Alcohol Training is not advocating the use of any product described in the Certified Alcohol Training Courses (or elsewhere), nor is Certified Alcohol Training responsible for misuse of a product due to typographical or other errors in the Certified Alcohol Training Courses, Your negligence or otherwise; (iv) You agree to seek additional information on any product from the manufacturer; and (v) You will use the content included in the Certified Alcohol Training Courses only as a reference aid, and that such content is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in technology, You should confirm the content in the Certified Alcohol Training Courses through independent sources. 

8. WARRANTY DISCLAIMER.

     8.1 THE CERTIFIED ALCOHOL TRAINING COURSES ARE PROVIDED TO YOU “AS IS” AND “WITH ALL FAULTS.” CERTIFIED ALCOHOL TRAINING AND ITS AFFILIATES, AGENTS, DISTRIBUTORS, SUPPLIERS AND LICENSORS: (i) CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR NON-INFRINGEMENT OF THE CERTIFIED ALCOHOL TRAINING COURSES PROVIDED HEREUNDER OR THAT YOUR USE OF THE CERTIFIED ALCOHOL TRAINING COURSES WILL BE ERROR-FREE OR UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET YOUR REQUIREMENTS OR FUNCTION IN ACCORDANCE WITH RELATED DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM, SOFTWARE ENVIRONMENT AND PRODUCT CONFIGURATION; AND (ii) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, GUARANTEES, AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY USE OF THE CERTIFIED ALCOHOL TRAINING COURSES IS ENTIRELY AT YOUR OWN RISK, INCLUDING THE RISK FOR SELECTING THE CERTIFIED ALCOHOL TRAINING COURSES TO ACHIEVE YOUR INTENDED RESULTS AND PERFORMANCE, AND FOR USE OF THE CERTIFIED ALCOHOL TRAINING COURSES. To the extent warranties cannot be disclaimed or excluded, they are limited to the duration of the minimum warranty period required by law. 

     8.2 JOB PLACEMENT DISCLAIMER. Certified Alcohol Training does not guarantee job placement upon enrollment, use, or completion of any Certified Alcohol Training Course.  

9. LIMITATION OF LIABILITY.

     9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CERTIFIED ALCOHOL TRAINING NOR ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS WILL BE LIABLE UNDER ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE CERTIFIED ALCOHOL TRAINING COURSES, OR CERTIFIED ALCOHOL TRAINING’S PERFORMANCE OF (OR FAILURE TO PERFORM) ANY OBLIGATION UNDER THIS AGREEMENT, FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION COSTS, DAMAGES FROM LOSS OF BUSINESS INFORMATION OR OTHER DAMAGES CAUSED BY THE INABILITY TO USE THE CERTIFIED ALCOHOL TRAINING COURSES, EVEN IF CERTIFIED ALCOHOL TRAINING, ITS AFFILIATES, AGENTS, LICENSORS, DISTRIBUTORS OR SUPPLIERS HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES WERE FORESEEABLE.  

     9.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CERTIFIED ALCOHOL TRAINING’S AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY, FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE CERTIFIED ALCOHOL TRAINING COURSES AND THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE CERTIFIED ALCOHOL TRAINING COURSE FROM WHICH SUCH LIABILITY AROSE. THE FOREGOING APPLIES NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR ANY LIMITED REMEDY HEREUNDER. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.  

     9.3 THIS LIMITATION OF DAMAGES SET FORTH HEREIN CONSTITUTES A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CERTIFIED ALCOHOL TRAINING AND YOU. 

     9.4 THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT CHANGE OR EXCLUDE ANY STATUTORY CONSUMER RIGHTS THAT CANNOT BE LAWFULLY CHANGED OR EXCLUDED. SOME COUNTRIES, STATES, JURISDICTIONS AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS AND/OR DO NOT ALLOW PRODUCTS OR SERVICES TO BE SOLD WITH NO WARRANTIES, REPRESENTATIONS OR CONDITIONS.  ACCORDINGLY, IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” MAY NOT APPLY TO YOU. ONLY THOSE LIMITATIONS AND EXCLUSIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

10. U. S. GOVERNMENT END USERS. If You are using or accessing the Certified Alcohol Training Courses and You are a government employee, then note that the Certified Alcohol Training Courses are a “commercial item” as that term is defined at FAR 2.101 (Oct 1995), consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with FAR. 12.212 and DFARS 227.7202 (Jun 1995), all U.S. Government end users acquire the Certified Alcohol Training Courses with only those rights set forth herein. Any use, modification, reproduction, release, performance, display, disclosure or transfer of the Certified Alcohol Training Courses by the U.S. government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 

11. EXPORT LAW. The Certified Alcohol Training Courses and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Unless specifically authorized in writing by Certified Alcohol Training prior to any access, You agree not to export the Certified Alcohol Training Courses including but not limited to re-exporting the Certified Alcohol Training Courses, or any part thereof, or any process that is the direct product of the Certified Alcohol Training Courses, to any country, person, or entity in violation of U.S. export restrictions. In any case, You will indemnify and hold Certified Alcohol Training harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees) arising from or relating to any breach by You of Your obligations under this Section 11. Your obligations under this Section 11 will survive the expiration or termination of this Agreement.

12. GENERAL

     12.1 GOVERNING LAW AND VENUE. This Agreement will be governed and interpreted in accordance with the laws of the state of California, exclusive of its choice of law rules, and where applicable, the laws of the United States of America. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, the jurisdiction and venue of the federal and state courts located in Riverside County, California (USA). The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded. Notwithstanding the foregoing, You or Certified Alcohol Training may seek injunctive or other equitable relief to protect Your or Certified Alcohol Training’s intellectual property (like copyrights and trademarks) in any court with competent jurisdiction. 

     12.2 PRIVACY. Certified Alcohol Training’s current privacy policy is available here, and is hereby incorporated into this Agreement.

     12.3 WAIVER. The failure of either party to require strict performance by the other party of any provision hereof will not affect the full right to require such performance at any time thereafter; nor will the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any waiver of any right or provision herein will not be effective unless in writing and signed by authorized representatives of both parties. 

     12.4 ASSIGNMENT. You may not assign Your rights or obligations under this Agreement without the prior written consent of Certified Alcohol Training, which Certified Alcohol Training may refuse in its sole discretion. Any attempted assignment without prior written consent from Certified Alcohol Training will be deemed null and void. Certified Alcohol Training may assign its rights and/or obligations under this Agreement at any time. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

     12.5 SEVERABILITY. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable as long as a party’s rights under this Agreement are not materially affected. In lieu of the unenforceable provision, the parties will substitute or add as part of this Agreement a provision that will be as similar as possible in economic and business objectives as was intended by the unenforceable provision.

     12.6 COMPLETE AGREEMENT. This Agreement is the complete and exclusive statement of the agreement between Certified Alcohol Training and You, which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this Agreement.  Any terms and conditions of any purchase orders or acknowledgments delivered by You to Certified Alcohol Training will not apply.  Any such purchase order or similar document from You will be for billing reference only and, notwithstanding any terms and conditions set forth therein, such document will not modify or add provisions to this Agreement and will not take precedence over this Agreement in any manner.  Except as otherwise provided in this Agreement, any modifications must be in a writing signed by both parties by their duly authorized representative.  Section headings are used for convenience only and will in no way affect the construction or interpretation of this Agreement.  This Agreement will be interpreted without application of any strict construction in favor of or against You or Certified Alcohol Training.

     12.7 REFUND POLICY. The Certified Alcohol Training refund policy is located here, and is hereby incorporated into this Agreement.    

     12.8 NOTICES. You consent to receive electronically any communications from Certified Alcohol Training. We may communicate with You through the email address specified in Your account or by posting notices on the Certified Alcohol Training website. You agree that all agreements, notices, disclosures and other communications that are provided to You electronically satisfy any requirement that such communications be in writing. All notices from Certified Alcohol Training intended for receipt by You will be deemed delivered and effective when sent to the email address You provide to Certified Alcohol Training.

Notices to Certified Alcohol Training must be sent to: Jerry R. Jolly and Associates, LLC  ATTN: Customer Service, PO Box 746, Nipomo, CA 93444

     12.9 FORCE MAJEURE. Except with respect to any payment to be made to Certified Alcohol Training hereunder, neither party will be liable for any failure, deficiency or delay in the performance of its obligations under this Agreement due to any force majeure, which will include but not be limited to any storm, flood, fire, aircraft damage, explosion, electrical or communication line failure, disturbance, war or military action, acts of terrorism, Government act or administrative delay, equipment failure or non-delivery, inability to obtain materials or any cause or matter whatsoever not within the reasonable control of such party.  In the event of such a force majeure, the affected party will be entitled to a reasonable extension of time for the performance of its obligations under this Agreement.

     12.10 RELATIONSHIP.  No agency, partnership, joint venture or employment relationship is created by this Agreement or Your use of the Certified Alcohol Training Courses, and You do not have any authority of any kind to bind Certified Alcohol Training in any respect whatsoever.

     12.11 ENGLISH LANGUAGE. This Agreement is in the English language only, which language will be controlling in all respects. No translation, if any, of this Agreement into any other language for convenience or to meet local requirements will be of any force or effect in the interpretation of this Agreement or in determination of the interests of either party hereto. Furthermore, all correspondence, notices, claims, suits and other communication between the parties hereto will be written or conducted in English. 

13. GRIEVANCE PROCEDURE.  If You are dissatisfied with the services that Certified Alcohol Training has provided for You, You may direct Your written complaint, grievance, or dispute as follows:

  • (a) First Level of Contact: Customer Service Department
  • (b) Second Level of Contact: Mikayla Brewer
  • (c) Top Level of Contact: Jerry R. Jolly
  • (d) Address:
    • Jerry R. Jolly and Associates
      ATTN Customer Service, 
      PO Box 746, 
      Nipomo, CA 93444
      Customer Service (916) 318-6435.
  • (e) Please provide a detailed explanation of Your issues including contact information where You can be reached. You will be contacted to discuss an agreeable resolution.
  • (f) A different grievance procedure may apply to You if You are using the Certified Alcohol Training Courses subject to a contract between Your organization and Certified Alcohol Training or a Certified Alcohol Training distributor. In that case You should contact the appropriate person within Your organization to inquire about the grievance procedure that applies to You.

    14. MODIFICATIONS. Certified Alcohol Training reserves the right, in its discretion, to change, modify, add to, or remove portions of the terms of this Agreement (collectively, “Changes”), at any time. Certified Alcohol Training will notify You of Changes by sending an email to the address identified in Your account or by posting a revised version of the Agreement incorporating the Changes to Certified Alcohol Training’s website. Your continued use of or access to Certified Alcohol Training Courses following notice of the Changes or posting of the Agreement incorporating the Changes on the Certified Alcohol Training website will mean that You accept and agree to the Changes. Such Changes will apply prospectively beginning on the date the Changes are posted to the Certified Alcohol Training website. 

    THE CERTIFIED ALCOHOL TRAINING COURSES ARE PROTECTED BY UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

    Jerry R. Jolly and Associates, LLC, 2023. All Rights Reserved. Jerry R. Jolly and Associates is a trademark used under license in the United States and other countries.

    Privacy Policy

    Effective [15 December 2023]

    These Privacy Policy (“Agreement”) of Jerry R. Jolly and Associates, LLC (“Certified Alcohol Training”) and the individual who is viewing this online Agreement (“End User”, “You”, or “Your”). Before accessing the Certified Alcohol Training’s online training program (“OTP”), which contains Certified Alcohol Training content and content supplied to Certified Alcohol Training by third parties, along with associated documentation, media, and online or electronic documentation, and other content and updates (collectively, the “Certified Alcohol Training Courses”), You must agree to the terms and conditions of this Agreement. 

    BY ACCESSING THE CERTIFIED ALCOHOL TRAINING COURSES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY IT. IF YOU DO NOT AGREE TO THIS AGREEMENT OR ANY OF ITS TERMS, THEN YOU WILL NOT HAVE ANY LICENSE TO ANY CERTIFIED ALCOHOL TRAINING COURSES. CERTIFIED ALCOHOL TRAINING’S COURSES ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS OF THIS AGREEMENT; IF THESE TERMS ARE CONSIDERED AN OFFER BY CERTIFIED ALCOHOL TRAINING, THEN ACCEPTANCE IS LIMITED TO THESE TERMS. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CERTIFIED ALCOHOL TRAINING. 

    When you visit any Certified Alcohol Training owned websites and domains this Privacy Policy will apply to your interaction with those sites and describes how Certified Alcohol Training collects, uses, shares or otherwise processes information you share with us and the rights you have associated with that processing.

    What Activities This Privacy Policy Covers
    This Privacy Policy applies to the processing of personal information collected by us when you:

    • Visit our websites that have a link to this Privacy Policy;
    • Visit our branded social media pages;
    • Visit our offices;
    • Receive communications from us or you reach out to us, including via emails, phone calls, or texts;
    • Register for and use our training courses or other products and services;
    • Besides training courses, register for, attend or take part in our events, webinars, programs, certifications or contests;
    • Act as or work for a service provider or supplier to us;
    • Are employed by a customer of our products and services where your information has been shared with us; or
    • Participate in surveys, research or other similar data collection which we may present and gather.

    What We Collect
    When you interact with our websites and/or services, we collect information that you provide to us, information that we receive when you use our services or browse our websites, and information we receive from third parties.  Here are the details:

    SITUATIONSCATEGORIES OF PERSONAL INFORMATION
    Information You May Provide To Us
    Generally:  If you express an interest in obtaining additional information about our services; request customer support; use our “Contact Us” or similar features; register to use our websites or to receive communications; sign up for an event, webinar or contest; participate in a program, training, certification or survey; use our products and services; download certain content; or are employed by a customer of our products and services where your information has been shared with usContact information, such as your name, job title, company name, address, phone number, email address, username and password, as well as other information you have voluntarily chosen to share
    Training Courses:  If you register for a training courseContact information (name, address, phone, email address), financial and billing information (such as billing name and address, credit card number or bank account information), username and password
    Certifications: Certification requirements for regulatory bodies as part of certain training coursesDepending on the course you have purchased, this personal information may include: social security number, date of birth, applicable professional license number, driver license number, employer name, employer address, employer license number.
    Events: If you attend an eventAttendee badge information which may include name, title, company name, address, country, phone number and email address, image and video
    Other Registrations: If you register with us for a variety of purposes, including joining a community that we host or participating in a group program, training or certificationUsername, photo, video or other biographical information, such as your occupation, location, social media profiles or usernames, company name, areas of expertise and interests
    Surveys, etc.:  If you voluntarily submit certain information to us, such as filling out a survey, responding to a questionnaire or participating in other forms of researchInformation you have provided as part of that request, which may include personal information and special categories of personal information, to the extent you voluntarily choose to provide it
    Supplier or Supplier Employee:  If you are a supplier or service provider to Certified Alcohol Training(or work for a supplier or service provider)Contact information, payment and billing information
    Information We May Get When You Visit Certified Alcohol Training Website Or Use Our Services
    Website Interaction, Emails:  If you interact with our websitesInformation about your device and your usage of our websites or emails (such as Internet Protocol (IP) addresses or other identifiers), which may qualify as personal information using cookies, web beacons, or similar technologies (see What Device and Usage Data Do We Process below)
    Products and Services:  If you use and interact with our products and servicesInformation about your device and your usage of our services through log files and other technologies, some of which may qualify as personal information (see What Device and Usage Data Do We Process below)
    Information We Receive From Third Parties
    Examples of Third Parties: From time to time, we may obtain information about you from third party sources, such as public databases and websites, resellers and distributors, joint marketing or business partners, marketing affiliates, security and fraud detection firms, and your employer if your employer is our customer.Examples of the information we may receive from other sources include: page-view information; contact information from business partners with whom we operate co-branded events, services and marketing campaigns or joint offerings; search results and links, including paid listings (such as sponsored links); and credit history information from credit bureaus.

    When you browse our website, you do so anonymously. As mentioned above, we do log your IP address (the Internet address of your computer) to give us an idea of which part of our website you visit and how long you spend there. But we do not link your IP address to any personal information unless you have logged into the website.  In addition, as you navigate our websites, our services, or with emails we have sent to you, we use common information-gathering tools, such as tools for collecting data, cookies, web beacons, pixels, and similar technologies to collect information that may contain personal information.  Please go to “What Device and Usage Data Do We Process?” below for more information.

    WHAT DEVICE AND USAGE DATA DO WE PROCESS?

    Device Information
    As is true of most websites, we gather certain device information when individual users visit our websites. This information may include (i) identifiers, such as user ID, organization ID, username, email address and user type; (ii) commercial information; and (iii) internet activity information such as IP address (or proxy server information), device and application information, identification numbers, location, browser type, Internet service provider or mobile carrier, user interactions such as the pages and files viewed, website and webpage interactions including searches and other actions you take, operating system type and version, system configuration information, date and time stamps associated with your usage and details of which of our products and product versions you are using.

    Usage Data
    In addition, we gather certain information automatically as part of your use of our products and services. This information may include identifiers, commercial information, and internet activity information such as IP address (or proxy server), mobile device number, device and application identification numbers, location, browser type, Internet service provider or mobile carrier, the pages and files viewed, website and webpage interactions including searches and other actions you take, operating system type and version, system configuration information, date and time stamps associated with your usage and details of which of our products and product versions you are using.  In addition, we may use aggregated usage data for other internal business purposes, such as to identify additional customer opportunities and to ensure that we are meeting the demands of our customers and their users. Please note that this usage data is primarily used to identify the uniqueness of each user logging on (as opposed to specific individuals), apart from where it is strictly required to identify an individual for security purposes or as required as part of our provision of the services to you or our customers if you are an employee of our customer. 

    Cookies, web beacons and other tracking technologies on our website and in email communications
    We use technologies such as web beacons, pixels, tags, and JavaScript, alone or in conjunction with cookies, to gather information about the use of our websites and how people interact with our emails.

    When you visit our websites, we, or an authorized third party, may place a cookie on your device that collects information, including personal information, about your online activities over time and across different sites. Cookies allow us to track use, infer browsing preferences, and improve and customize your browsing experience.

    We use both session-based and persistent cookies on our websites. Session-based cookies exist only during a single session and disappear from your device when you close your browser or turn off the device. Persistent cookies remain on your device after you close your browser or turn your device off. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services. To change your cookie settings and preferences for one of our websites, click the Cookie Preferences link in the footer of the page. You can also control the use of cookies on your device, but choosing to disable cookies on your device may limit your ability to use some features on our websites and services.

    We also use web beacons and pixels on our websites and in emails. For example, we may place a pixel in a marketing email that notifies us when you click on a link in the email. We use these technologies to operate and improve our websites and marketing emails.  For instructions on how to unsubscribe from our marketing emails, please see Choices About Your Data below.

    Social Media Features
    Our websites may use social media features, such as the “Tweet” button and other sharing widgets. Social media features may allow you to post information about your activities on our website to outside platforms and social networks and may also allow you to like or highlight information we have posted on our website or our branded social media pages. Social media features are either hosted by each respective platform or hosted directly on our website. To the extent the social media features are hosted by the platforms themselves, and you click through to these from our websites, the platform may receive information showing that you have visited our websites. If you are logged in to your social media account, it is possible that the respective social media network can link your visit to our websites with your social media profile.

    Your interactions with social media features are governed by the privacy policies of the companies providing them.

    Choices About Your Data

    Access to your Personal Information After Registering For A Course.  If you have registered with us for a training course, we will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time by logging into your account. You can:

    • View and edit personal information you have already given us.
    • Register and take courses, curriculum and obtain product updates.

    To protect your privacy and security, we will also take reasonable steps to verify your identity, such as username and password, before granting access to your data.

    Promotional Messages. You can stop receiving promotional email communications from us by following the “unsubscribe” instructions provided in those emails.  We make every effort to promptly process all unsubscribe requests. You may still receive service-related communications, including account verification, transactional communications, changes/updates to features of the services, and technical and security notices.

    How We Use Your Information
    We use your personal information for the following purposes:

    • To make the site easier for you to use by not making you enter your personal information more than once.
    • To deliver services that you request or purchase.
    • To help you effectively complete your educational requirements.
    • To confirm your educational requirements with applicable regulatory bodies.
    • To help us create and publish content most relevant to you.
    • To alert you of product upgrades, special offers, updated information and other new services provided from certifiedalcoholtraining.com.
    • To provide feedback in an online survey.
    • To participate in promotional offers.
    • To request assistance or fill out support requests, and provide customer service and support to you.

    Who We May Share Your Personal Information With
    We never sell or rent your personal information. We do not share your personal information with third parties other than as follows:

    • Where it has been de-identified, including through aggregation or anonymization.
    • When you instruct us to do so.
    • With applicable regulatory bodies to confirm your educational requirements
    • With your consent, for example, when you agree to our request to share your information with other third parties for their own marketing purposes subject to their separate privacy policies.
    • With third party vendors, consultants and other service providers who work for us and need access to your information to do that work. Examples include vendors and service providers who provide assistance with marketing, billing, processing credit card payments, data analysis, and fraud prevention.
    • With third party business partners, such as distributors, and/or referral partners, who are involved in providing services to our prospects and/or customers, to fulfill product and information requests and to provide customers and prospective customers with information about Certified Alcohol Training and its products and services. From time to time, we may engage in joint sales or product promotions with select business partners. If you purchase or specifically express an interest in a jointly-offered product, promotion or service, we may share relevant personal information with those partner(s). Where you have given your consent to do so, these business partners may send you marketing communications about their own products and services. Please be aware that we do not control our business partners’ use of such information. Our partners are responsible for managing their own use of the personal information collected in these circumstances. We recommend you review the privacy notices of the relevant partner to find out more about their handling of your personal information.
    • In connection with or during negotiation of any business transfer, merger, financing, acquisition, or dissolution transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company.

    Certified Alcohol Training may disclose your personal information if required to do so by law (for example, a subpoena) or regulation, or in good faith to (a) comply with legal processes served on the site, (b) protect the rights and property of Certified Alcohol Training (c) where our records indicate fraudulent activity or other deceptive practices that a governmental agency should be made aware of, or (d) where your communication suggests possible harm to others.

    When you register for a training course, Certified Alcohol Training will not share your information with third parties without your permission, other than for the limited exceptions already listed. It will only be used for the purposes stated above. We use personal information to reply to inquiries, handle complaints, provide operational notices, keep records up to date to notify you via periodic e-mails of forthcoming expiration dates for training, technical service issues, specials, or other related product/service information.

    How Long We Keep Your Information
    We store your basic account information — like your name, phone number, and email address —until you ask us to delete it.

    We’ll also delete most of the information we’ve collected about you after you’ve been inactive for a while!

    Keep in mind that, while our systems are designed to carry out our deletion practices automatically, we cannot promise that deletion will occur within a specific timeframe. There may be legal requirements to store your data and we may need to suspend those deletion practices if we receive valid legal process asking us to preserve content, or if your account, is flagged by others or our systems for abuse or other Terms of Service violations. Finally, we may also retain certain information in backup for a limited period of time or as required by law.

    Access to your Personal Information After Registering For A Course
    If you have registered with us for a training course, we will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time by logging into your account. You can:

    • View and edit personal information you have already given us.
    • Register and take courses, curriculum and obtain product updates.

    To protect your privacy and security, we will also take reasonable steps to verify your identity, such as username and password, before granting access to your data.

    Internet Commerce
    The online registration at Certified Alcohol Training is designed to give you options concerning the privacy of your credit card information, name, address, e-mail and any other information you provide us. Certified Alcohol Training is committed to data security with respect to information collected on our site. We offer the industry standard security measures available through your browser called TLS 1.3, P-384, and AES_265_GCM If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may contact a customer service representative over the telephone. Simply call 1 (916) 318-6435.

    Children’s Privacy
    Our websites and services are not directed at children. We do not knowingly collect personal information from children under the age of 16, or such other applicable age of consent for privacy purposes in relevant individual jurisdictions.  If you are a parent or guardian and believe your child has provided us with personal information without your consent, please contact us by using the information in the “Contacting Us” section below and we will take steps to delete their personal information from our systems.

    International Website Visitors/Registrants
    This website is hosted and maintained in the United States. If you are visiting our websites (including registering for a course) from a country other than the United States, you should understand that your data submitted through or generated by your use of this website will be transferred to and processed under the laws of the United States, which may not have the same data protection laws as the country in which you are located. This will necessarily result in the transfer of information across international boundaries. By visiting this website and communicating electronically with us, you consent to the transfer and processing of your data as set out in this Privacy Policy in the United States subject to the laws of the United States. If you do not consent to having your information used in according with this Privacy Policy, you should not provide your personal information and should disable all cookies and other technologies as described above in What Device and Usage Data Do We Process. 

    Security of your Personal Information
    Certified Alcohol Training strictly protects the security of your personal information. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

    Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored encrypted in password-controlled servers with limited access.

    You also have a significant role in protecting your information. Do not share these with others.

    We use TLS 1.3, P-384, and AES_265_GCM when collecting or transferring sensitive data such as personal information.  Credit card numbers are only used for processing payment and are not used for other purposes. As part of real-time payment processing, Certified Alcohol Training subscribes to a fraud management service.

    Your Rights Relating To Your Personal Information
    You may have certain rights relating to your personal information, subject to local consumer privacy and similar laws. In particular, please see the relevant State Laws Supplemental Notice here if you are a resident of California and other states having specific privacy rights.  Certified Alcohol Training will afford you the rights given to you by your state as laws are modified or come into effect, and update the Supplemental Notice to reflect those laws.  Depending on the applicable state laws, these rights may include some or all of the following:

    • Access your personal information held by us;
    • Know more about how we process your personal information;
    • Rectify inaccurate personal information and, taking into account the purpose of processing the personal information, ensure it is complete;
    • Erase or delete your personal information;
    • Restrict our processing of your personal information;
    • Transfer your personal information to another company, to the extent possible;
    • Object to any processing of your personal information;
    • Opt out of certain disclosures of your personal information to third parties;
    • Know what categories of personal information are shared for delivering advertisements on non-Certified Alcohol Training websites, applications, and services and the categories of recipients of such personal information (Good news!  We don’t do this);
    • Opt out of the sharing of your personal information for delivering advertisements on non-Certified Alcohol Training websites, applications, and services (Good news!  We don’t do this);
    • Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects (More good news!  We don’t do this either);
    • Withdraw your consent at any time (to the extent we base processing on consent), without affecting the lawfulness of the processing based on such consent before its withdrawal; and
    • Not be discriminated against for exercising your rights as described above.

    How To Contact Us
    Problems or complaints with Certified Alcohol Training Privacy Policy. We value your comments and opinions. If you have a questions, comments or a complaint about compliance with this Privacy Policy you may contact us at support@certifiedalcoholtraining.com.

    Revisions to the Privacy Policy
    We may change this Privacy Policy from time to time. But when we do, we’ll let you know one way or another. Sometimes, we’ll let you know by revising the date at the top of the Privacy Policy that’s available on our website. Other times, we may provide you with additional notice (such as adding a statement to our websites’ homepages).

    Refund Policy

    Date Last Modified: [15 December 2023]

    It is very important to us that you are satisfied with your purchase. In the unfortunate event that you are unsatisfied, you may be eligible for a refund, subject to the conditions noted below.

    1. Your purchase was made no more than 72 hours prior to your refund request.
    2. You have NOT:
      • Attempted any portion of a test or exam
      • Requested or been issued a certificate of completion
      • Have started the course
      • Received notification that training materials or other merchandise have been shipped or sent

    If you meet all of these criteria, you must submit your refund request in writing via e-mail to support@certifiedalcoholtraining.com within 72 hours of your course purchase, along with a receipt evidencing your proof of purchase and an explanation for why you are requesting a refund.

    Further, no refund will be issued for:

    • Any training materials or merchandise that have been shipped or sent
    • Any associated national, state, and local mandated regulatory fees
    • Failure to pass quizzes, final exams, or any other in-course assessment requirements within the allotted attempts (per course guidelines)
    • Failure to pass identity validation requirements (including validation of state or government identification, security questions or any other required methods, per course guidelines
    • Course expirations (per course guidelines)
    • Expedited processing or mailing of certificates, training materials or other merchandise once the requested expedite has been fulfilled as promised

    Requested refunds that are approved may take up to 10 business days to reflect in your account. Refunds will only be issued to the same payment method used during the initial purchase.

    For those who have taken our course but failed to pass the California Department of Alcoholic Beverage Control Responsible Beverage Service Exam on the first attempt are eligible to repurchase the course at 50%. 

    Course Specific Policies

    Notwithstanding the foregoing, any course-specific terms, conditions, or policies presented during registration that may be inconsistent with the refund policy specified above, will supersede those listed in this refund policy. If you would like to inquire if there are any specific terms or policies for the course you are looking to purchase, please contact us.

    Acceptable Use Policy

    This acceptable use policy covers the products, services, and technologies (collectively referred to as the “Products”) provided by Certified Alcohol Training under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.

    Certified Alcohol Training customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.

    This policy was last reviewed on 15 December 2022.

    Fair use
    We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is considered to be excessive, then additional fees may be charged, or capacity may be restricted.

    We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) to likewise engage our Products with similar intent.

    Customer accountability
    We regard our customers as being responsible for their own actions as well as for the actions of anyone using our Products with the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures.

    By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding the actions of customers or their end-users will be forwarded to the nominated contact for the account in question.

    If a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our acceptable use policy.

    Prohibited activity

    Copyright infringement and access to unauthorized material
    Our Products must not be used to transmit, distribute or store any material in violation of any applicable law. This includes but isn’t limited to:

    any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and any material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

    The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products, and for obtaining legal permission to use any works included in such material.

    SPAM and unauthorized message activity
    Our Products must not be used for the purpose of sending unsolicited bulk or commercial messages in violation of the laws and regulations applicable to your jurisdiction (“spam”). This includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.

    Our Products must not be used for the purpose of running unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner, and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.

    We prohibit the use of email lists, telephone number lists or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.

    This spam and unauthorized message activity policy applies to messages sent using our Products, or to messages sent from any network by the customer or any person on the customer’s behalf, that directly or indirectly refer the recipient to a site hosted via our Products.

    Unethical, exploitative, and malicious activity
    Our Products must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy, or the acceptable use policy of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

    Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

    Our Products must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our Products and systems.

    Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

    Other activities considered unethical, exploitative, and malicious include:

    • Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
    • Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
    • The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
    • Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
    • Publishing or transmitting any content of links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
    • Any act or omission in violation of consumer protection laws and regulations;
    • Any violation of a person’s privacy.

    Our Products may not be used by any person or entity, which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.

    Unauthorized use of Certified Alcohol Training property
    We prohibit the impersonation of Certified Alcohol Training, the representation of a significant business relationship with Certified Alcohol Training, or ownership of any Certified Alcohol Training property (including our Products and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

    About this policy

    This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.

    We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier of:

    the date the customer uses our Products after we publish the revised version on our website; or 30 days after we publish the revised version on our website.