TERMS OF USE

We have developed these Terms of Use (these “Terms”) to govern your use of the www.berrywritinggroup.com web page (the “Web Site”) and the “Writing to Get Things Done” on–line seminar (including the “Preview Chapter One” page) (collectively the “Materials”).  Your use of the Web Site and the Materials tells us you have read and agreed to these Terms of Use. Please read this document carefully. If you do not agree with any of these terms, you will be asked to exit the Web Site.

“You” refers to all users of www.berrywritinggroup.com.  The words “we,” “us,” and “our” refer to Berry Writing Group, Inc., a Minnesota corporation, having a principal place of business at 16230 – 15th Avenue North, Plymouth, MN 55447.  We are the owner and operator of the Web Site. By using this Web Site, you agree that we may terminate your user access to the Materials (including membership ID and password), if we believe that you have violated or acted inconsistently with these Terms. These Terms apply to all users of this Web Site and the Materials.

1.         Purpose of Web Site: Restrictions on Use. The purpose of this Web Site is solely to access and use the various online materials on the Web Site, including the “Writing to Get Things Done” on-line seminar and the “Preview Chapter One” page.  We consider such use of the Web Site and the Materials to be a personal use by individuals, either as part of an in-house corporate program or individually. You may not use this Web Site or its Content for any other commercial or non-personal purpose whatsoever, including, without limitation, as a lead generation source for your business. This means that you may not copy or disseminate the Materials to any other individual or entity whatsoever.

2.         Copyright: Restrictions on Use. Please adhere to all copyright laws.  All information, content, services and software displayed on, transmitted through, or used in connection with this Web Site, including, by way of example only, the Materials and all text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content"), as well as its selection and arrangement, is owned by Berry Writing Group, Inc. and its affiliated companies, licensors and suppliers. Further copyright restrictions specify that:

  • You may use the Content online only, and solely for your personal use.  No other use is permitted without prior written permission of Berry Writing Group, Inc. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Service. 
  • You may not, for example, download or print a copy of any portion of the Content or republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache.
  • You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content.
  • You may not scrape or otherwise copy our Content without express, written permission.
  • You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through Berry Writing Group, Inc., not to insert any code or product or manipulate the Content of Berry Writing Group, Inc. in any way that affects the user's experience, and not to use any data mining, robots, data gathering or extraction method in connection with the Web Site.
  • You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.  Requests to use Content for any purpose other than as permitted in these Terms of Service should be directed to stan@berrywritinggroupcom.
  • Participation and Registration. Please protect your password.
    • If you register as a participant of the Web Site, you accept responsibility for all activities that occur under your ID and password, and agree not to sell, transfer or assign your membership or any membership rights.
    • You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others may not access www.berrywritingroup.com using your name in whole or in part without our permission.
    • If you believe someone has accessed www.berrywritinggroup.com using your user name and password without your authorization, e-mail us immediately at webmaster@berrywritinggroup.com.
  • Participant Responsibilities.
    • In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times. If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Services, and refuse to provide any current or future Services to you.
    • You agree and acknowledge that your access to and/or use of the Materials are for personal purposes only. That is, you agree and acknowledge that your use of the Web site and the Materials is take the “Writing to Get Things Done” on-line course, rather than as a commercial enterprise for a third party or to enhance, promote or otherwise further a commercial enterprise of your own.
    • Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Materials or access or use the Web Site for any commercial purpose whatsoever.

3.         Dispute Resolution.  Any claim or controversy arising out of or relating to these Terms, to the Web Site or Materials provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with these Terms, including but not limited to any claim or controversy made by a Customer ("Dispute"), shall be finally, and exclusively, settled by arbitration in Minneapolis, Minnesota.  The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by Berry Writing Group, Inc. from AAA’s pool of arbitrators.  In any arbitration, the costs of arbitration will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Minneapolis, Minnesota.  The arbitrator must abide by all these Terms and shall not have the power to reform or alter these Terms. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under these Terms with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BERRY WRITING GROUP, INC. WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.

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