Terms of Use Agreement

1. Use of Web Site. This Web site ("our sites", "the sites", "sites", or "Sites"), is an online information and communication service provided by Dan Hertz Consulting ("Dan Hertz Consulting", "Dan Hertz", "Company", or "our") and may be used for informational purposes only. By accessing and using the site, services, information or products provided by Dan Hertz Consulting, or downloading materials from the site, you accept, without limitation or qualification, this Terms of Use Agreement. Dan Hertz Consulting reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. Please check these Terms of Use periodically for changes. By using this Web site after any changes to these Terms of Use are posted, you are indicating your acceptance of those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, do not use this site, our products, information, or services. Dan Hertz Consulting retains the right to deny access to anyone at its complete discretion for any reason including, but not limited to, violation of any of these Terms of Use.

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (c) be fully responsible for all use of your account and for any actions that take place using your account.

2. Intellectual Property, Trademarks, Copyrights and Restrictions. All material on this Web site, drinksearcher.com or any Web site or service owned, operated, licensed or controlled by Dan Hertz Consulting, including, but not limited to textual content, images, illustrations, audio and/or video ("Materials"), is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Dan Hertz Consulting, its users, its licensors, or third parties. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of Dan Hertz Consulting, except where provided for as a feature or service of the Site. When you view, use, access, interact with, email, print or download Materials, you do not obtain any ownership rights to that material. Materials are dated as of the date originally issued, submitted, published or indicated on the material, and may no longer be accurate. Dan Hertz Consulting assumes no obligation for the accuracy of, or to update, such materials.

You acknowledge that Dan Hertz Consulting, its users, its licensors, or third parties own all right, title and interest in and to all information, content, Materials, business methods, presentation, user-experience design, portions thereof, or software provided through or in conjunction with this Web site, drinksearcher.com, or any Web site or service owned, operated, licensed or controlled by Dan Hertz Consulting, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

3. User Content Posted on the Site. Copyright for user content posted on this site ("User Content" or "user content") is held by the legitimate copyright owner, or owners, of the material. When you post User Content, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site, our partner sites, third party sites, or any Web site or service owned, operated, licensed or controlled by Dan Hertz Consulting.

By posting User Content to any part of the Site, or have us post User Content on your behalf, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will remain in effect for any archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

4. Passwords. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Dan Hertz Consulting of any unauthorized use of your password or account or any other breach of security. Dan Hertz Consulting cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

5. Links. This Web site may contain links or references to other Web sites ("Linked Sites"). Similarly, this Web site may be accessed from third party links. The Linked Sites are for your convenience only, and you access them at your own risk. Dan Hertz Consulting is not responsible for, and does not endorse, the contents, advertising, products, services, other materials or availability, accuracy, currency, or completeness of any information contained in any Linked Sites. Dan Hertz Consulting shall have no liability for any damages or injuries of any kind arising from such content or information. Dan Hertz Consulting welcomes plain-text hyper-links to the following url only: http://danhertz.com. We reserve the right to rescind any permission granted by us to link to this Web site, and to require immediate termination of any such link. You may not frame or otherwise incorporate into another Web site any of the content or other Materials on the Dan Hertz Consulting Web site without prior written consent of Dan Hertz Consulting.

6. Submissions. We welcome your comments about any feature of this Web site or any products or services owned, produced. operated or licensed by Dan Hertz Consulting. Any creative idea, suggestion, information or material ("Submission"), submitted to Dan Hertz Consulting shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. You agree not to post, send or submit any Material that is abusive, vulgar, threatening, harassing, taunting, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You agree not to post, send or submit any Material that is commercial in manner. You agree not to post, send or submit any information, software or other material that contains a virus or other harmful component.

7. Disclaimers. THE SERVICES, PRODUCTS, INFORMATION AND MATERIALS ON THIS SITE OR PROVIDED BY DAN HERTZ CONSULTING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOURCE DATA USED IN RESEARCH AND REPORTING MAY NOT BE VALID, ACCURATE OR COMPLETE. USE OF OUR RESEARCH OR REPORTS IS AT YOUR OWN RISK. NEITHER DAN HERTZ CONSULTING NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER DAN HERTZ CONSULTING NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICES, PRODUCTS, INFORMATION OR MATERIALS IN THIS SITE, OR ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

8. Limitation of liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DAN HERTZ CONSULTING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY COMPANY SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAN HERTZ CONSULTING BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR PROPERTY BECAUSE OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR DOWNLOADING OF MATERIALS POSTED ON OR LINKED FROM THE SITE.

9. Indemnification. You agree to indemnify, defend and hold harmless Dan Hertz Consulting, its officers, directors, employees, agents, suppliers, licensors and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use.

10. Governing Law. This Terms of Use Agreement and your use of the Web site shall be governed by the laws of Canada and the Province of Alberta without regard to its conflicts of laws principles. Any legal action or proceeding related to this Web site shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in Alberta.

11. Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Dan Hertz Consulting reserves the right to alter, withhold or delete materials from this Web site at any time at its sole discretion. Dan Hertz Consulting does not endorse, warrant or guarantee any services, products, information or materials offered on the Sites. Dan Hertz Consulting is not a party to, and does not monitor, any transaction between users and third party providers of products or services. Dan Hertz Consulting reserves the right to charge fees, surcharges and/or membership fees for any or all of its services currently provided for free at any time.

This Terms of Use Agreement was last updated: March 10, 2012.