Terms of Use

TERMS OF USE

Welcome to the Cicerone.org website (the “Site”). This Site and the Cicerone® Certification Program are the property of the Craft Beer Institute. Through this Site, the Craft Beer Institute provides access to various resources and services, including, without limitation, its proprietary Learning Management System, online courses, course and study materials, the BeerSavvySM Training Program, enrollment for the Certified Cicerone® exam, Master Cicerone® exam and Certified Beer Server exam, online administration of the Certified Beer Server exam, and the Site forum (the “Services”).

These Terms of Use apply to the Site. Please read them carefully. By using the Site, you are agreeing to these Terms of Use. The Craft Beer Institute reserves the right to update and change the Terms of Use from time-to-time without notice. By continuing to use the Site following changes to these Terms of Use, you are agreeing to the changes.

Copyright

All content on the Site and the Services, including, without limitation, courses, course webinars and materials, study materials, exams, user interface and dashboard, graphics, logos (other than logos owned by third parties), images, text, video, audio, digital downloads, data compilations, and software are the property of the Craft Beer Institute and protected by United States and international copyright laws, with the exception of third party original content that is posted by others to the Site forum. Except as expressly permitted herein, no content of the Site or the Services may be copied or reproduced, modified, distributed, transmitted, published, sold or resold in any form or by any means, or otherwise exploited for any commercial purpose, nor may any derivative works be created therefrom, without the express written authorization of the Craft Beer Institute.

Without limiting any of the foregoing, you acknowledge and specifically agree that: (1) the contents of the Certified Beer Server exam, the Certified Cicerone® exam, and the Master Cicerone® exam are confidential and their disclosure, in whole or in part, would cause irreparable harm by compromising the integrity of the Craft Beer Institute’s exams and its certifications based on exam results; and (2) you are expressly prohibited from copying, disclosing, displaying, publishing, disseminating or distributing, in whole or in part, in any manner and by any means, the questions and answers and contents of the Certified Beer Server exam, the Certified Cicerone® exam, and the Master Cicerone® exam, and from creating any derivative works therefrom. The Craft Beer Institute reserves the right to pursue all available remedies for the infringement of its intellectual property rights and/or the violation of other legal rights, which may subject you to civil and/or criminal liability.

Accounts, Passwords and Security, and Site Forum

You may access certain Services on the Site by registering an account with a username and password that you select during registration process. You represent and warrant that all account registration information that you provide to the Craft Beer Institute is truthful, accurate and complete and that you will maintain the accuracy and completeness of such information. You further represent and warrant that your use of these services shall not violate any applicable laws. Your account is solely for your personal use, and you shall not authorize others to use your account. You are solely responsible for maintaining the confidentiality and security of your account, including your account password, and for all activity that occurs under your account. You are further solely responsible for all content posted to the Site forum through your account and all e-mail messages sent through your account to other account holders. The Craft Beer Institute shall have no liability for the unauthorized use of your account. You shall immediately notify the Craft Beer Institute of any unauthorized use of your account password or account or any other breach or compromise of the security of your account. The Craft Beer Institute reserves the right to terminate an account and deny access to the Services to any person who violates these Terms of Use.

The Craft Beer Institute has no obligation to monitor any discussion or postings on the Site forum; however, it reserves the right at all times, in its sole discretion, to screen content submitted and to edit, move, delete, and/or refuse to accept any content that, in its sole judgment, violates these Terms of Use or is otherwise unacceptable or inappropriate. By way of example only, you agree not to do any of the following when posting to the Site forum or using the Services:

  • Create a false identity or impersonate another user or person, or use the account, username and password of another person.
  • Post, upload or otherwise disseminate or distribute any content protected by intellectual property laws unless you own or control the rights thereto or have received permission to do so from the owner(s).
  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others.
  • Post, upload or otherwise disseminate or distribute any content that is offensive, obscene, indecent or unlawful.
  • Post, upload or otherwise disseminate or distribute any content that you know is false or misleading or promotes any illegal activity.
  • Advertise or offer to sell any products or services without the prior written consent of the Craft Beer Institute.

Service Marks

The Craft Beer Institute’s service marks may not be used in any manner that is likely to cause confusion or disparage the Craft Beer Institute. Services marks owned by the Craft Beer Institute may be viewed here.

Certification Roster

You understand and expressly agree that if you take and pass the Certified Beer Server exam, the Certified Cicerone® exam, and/or the Master Cicerone® exam, the Craft Beer Institute shall have the full right and authority to include your name, city, state and level of certification on the Site roster of persons who have achieved certification under the Cicerone® Certification Program, and you consent to the Craft Beer Institute’s public disclosure of such information. If you wish, your name can be removed from the roster by sending a request to admin@cicerone.org. Such requests will be honored within 14 days. You expressly acknowledge and agree that, notwithstanding a removal of your name from the roster, the Craft Beer Institute shall, at all times, have the right and authority to verify your current certification status in response to a request for verification made by a third party.

You agree that you will not post to a Site roster profile any false, misleading or inaccurate content or information or any content that infringes the intellectual property of any third party, including any trademarks or copyrights, and that you have obtained all necessary third party consents and authorizations to post any content to a Site roster profile.  The Craft Beer Institute does not vet or verify user-posted content or information to Site Roster profiles and it makes no warranty or representation of any kind that any user-posted content or information is accurate, complete, or up-to-date, or that a Site roster profile user owns or has the right or permission to use any intellectual property of others.  The Craft Beer Institute has the right (but not the obligation), in its sole and unfettered discretion, to modify, remove or refuse any user-posted information or content to a Site roster profile at any time and without any liability to you.

Notice and Procedure for Making Claims of Copyright Infringement

The Craft Beer Institute is committed to compliance with U.S. copyright law. Under the Digital Millennium Copyright Act (17 U.S.C. § 512), copyright owners have the right to notify the Craft Beer Institute, if they believe a work has been infringed. Notifications of claimed copyright infringement must be submitted in writing to Craft Beer Institute’s designated agent for receiving such notifications:

By email:

ray@cicerone.org

By Mail:

Craft Beer Institute

Attn: Ray Daniels

4043 N. Ravenswood Ave, #309-10

Chicago Illinois 60613-5683

Telephone: (773) 549-4800

If you believe that your copyright has been infringed, please provide our designated agent written notice with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
  2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Craft Beer Institute to locate the material.
  4. Information reasonably sufficient to permit the Craft Beer Institute to contact the complaining party, such as an address, telephone number and if available, an e-mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links to Third Party Sites

This Site contains links to third party websites, use of which is at the user’s own risk. The Craft Beer Institute has no control over the content of third party sites and is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements on these sites. Nor is the Craft Beer Institute responsible for the privacy policies of these sites or the information they may collect. The Craft Beer Institute provides links to these sites merely as a convenience and doing so does not imply endorsement by the Craft Beer Institute.

Privacy

The Craft Beer Institute’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use. Please review our Privacy Policy.

Disclaimer of Warranties/Limitation of Liabilities

THIS SITE AND ALL SERVICES, SOFTWARE, CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED BY THE CRAFT BEER INSTITUTE ON “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER. THE CRAFT BEER INSTITUTE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE SERVICES OR THE SOFTWARE, CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE TO YOU THROUGH THIS SITE. USE OF THIS SITE IS AT YOUR SOLE RISK. THE CRAFT BEER INSTITUTE MAKES NO REPRESENTIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE. THE CRAFT BEER INSTITUTE DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT THE SITE OR SERVICES WILL BE FREE FROM LOSS, CORRUPTION, VIRUSES, OR SECURITY INTRUSION, AND IT DISCLAIMS ANY LIABILITY RELATING THERETO. THE CRAFT BEER INSTITUTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CRAFT BEER INSTITUTE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE SERVICES OR FROM ANY SOFTWARE, CONTENT, INFORMATION, AND MATERIALS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. 

THE CRAFT BEER INSTITUTE IS NOT RESPONSIBLE FOR ANY USER-POSTED CONTENT OR INFORMATION TO SITE ROSTER PROFILES AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER-POSTED CONTENT OR INFORMATION PROVIDED THROUGH THIS SITE.

TO THE EXTENT THAT ANY EXCLUSIONS OR DISCLAIMERS OF CERTAIN WARRANTIES OR ANY LIMITATIONS OF LIABILITIES OR DAMAGES ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE ABOVE EXCLUSIONS, DISCLAIMERS OR ANY LIMITATIONS NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold the Craft Beer Institute, its affiliates, directors, officers, employees, and agents harmless of and from any claim, demand or liability, including reasonable attorneys’ fees, made by any third party, relating to or arising or in connection with your use of the Site and/or the Services and/or your violation or failure to comply with these Terms of Use.

Governing Law and Dispute Resolution

You agree that all matters relating to your access to or use of the Site and/or the Services, including all disputes, shall be governed by the laws of the State of Illinois, excluding its conflicts of law provisions. You agree to the personal and exclusive jurisdiction of, and venue in, the federal or state courts located within Cook County, Illinois, to resolve any dispute or claim arising out of or related to this Agreement or your use of the Service, and waive any objection to such jurisdiction or venue.

If any provision of this Terms of Use Agreement shall be deemed invalid, void or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect, and the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms of Use and any other policies or agreements referenced herein may be assigned by the Craft Beer Institute, in its sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use shall apply in addition to, and shall not be superseded by, any other written policy or agreement applicable to your use of this Site and/or any of the Services.