“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
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. 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 Berry.
3. Membership and Registration
If you register as a member 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 our materials using your name in whole or in part without our permission. If you believe someone has accessed our content using your user name and password without your authorization, contact us immediately. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION.
4. Member 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 Materials, and refuse to provide any current or future Materials to you. You acknowledge that you are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password, including the accuracy and completeness of all content that you (or anyone using your membership) submit, post or transmit through the Web Site. 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.
5. Technical Problems or Computer/Browser Requirements
You will not receive any refund for temporary technical problems with the Web Site (including without limitation not being able to log in to your account or not being able to upload photos). You are not entitled to any refund based on a temporary service failure. You are not entitled to any refund based on a failure to use the Materials that is due to your computer’s or your browser’s failure to meet minimum browser and operating system requirements of Berry Writing Group, Inc. You are also not entitled to any refund based on any problem due in whole or in part to your computer or peripheral device.
6. Consent to E-mail Communications
From time to time, we will send you e-mail announcements or correspondence on new features, products, Materials and services offered by Berry Writing Group, Inc., selected advertisers, affiliates, and related companies. BY PURCHASING, USING, OR ENJOYING THE MATERIALS ON THE WEB SITE, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM BERRY WRITING GROUP, INC., ITS AFFILIATES, RELATED COMPANIES, AND ADVERTISERS. SOME ADVERTISERS MAY PREFER TO CONTACT YOU DIRECTLY, AND BY PURCHASING, USING OR ENJOYING THE MATERIALS ON BERRY WRITING GROUP, INC., YOU EXPRESSLY CONSENT AND OPT-IN TO HAVING THIRD PARTY ADVERTISERS CONTACT YOU.
7. User-Provided Information and Content
You understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Web Site and Materials, and remove and discard any information posted by you on or through the Web Site, for any reason or no reason, with or without notice and effective immediately, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Web Site if you have breached violated or acted inconsistently with the Terms. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE MATERIALS PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Web Site at any time, subject to the other provisions of these Terms.
9. Disclaimers and Limitation of Liability
While Berry Writing Group, Inc. uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the data or information available on the Web Site and assume no liability or responsibility for any error or omission in such data or information. BERRY WRITING GROUP, INC. DOES NOT REPRESENT OR WARRANT THAT USE OF THE WEB SITE OR MATERIALS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. BERRY WRITING GROUP, INC. HAS NO RESPONSIBILITY FOR ACTIONS OF THIRD PARTIES OR FOR INFORMATION PROVIDED OR POSTED BY OTHERS. USE OF BERRY WRITING GROUP, INC. IS AT YOUR OWN RISK. ALL MATERIALS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER BERRY WRITING GROUP, INC., NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING BERRY WRITING GROUP, INC. AND/OR THE CONTENT CONTAINED THEREIN; THE MATERIALS; ANY ADVERTISING MATERIAL, INFORMATION, OR CONTENT; PRODUCTS OR MATERIALS AVAILABLE ON OR THROUGH BERRY WRITING GROUP, INC.; AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USING BERRY WRITING GROUP, INC. OR THE MATERIALS. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES BERRY WRITING GROUP, INC. WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. BERRY WRITING GROUP, INC., CORP. AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT DISCLAIM IMPLIED WARRANTIES AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANT SHALL BE THE MINIMUM REQUIRED UNDER SUCH APPLICATION LAW. BERRY WRITING GROUP, INC. CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. BERRY WRITING GROUP, INC. DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE BERRY WRITING GROUP, INC.. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK. IN NO EVENT SHALL BERRY WRITING GROUP, INC. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE MATERIALS OR ANY ERRORS OR OMISSIONS IN THE MATERIALS OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BERRY WRITING GROUP, INC. OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.00. IN NO EVENT SHALL BERRY WRITING GROUP, INC., CORP. OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BERRY WRITING GROUP, INC., CORP., ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE WEB SITE OR MATERIALS (2) BERRY WRITING GROUP, INC.’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THESE TERMS; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THESE TERMS BY YOU.
11. 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.
12. Additional Terms; Modifications to the Terms
We may change these Terms from time to time without prior notification to you. Each time you access the Web Site, you will be governed by the Terms then present on the Web Site and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE WEB SITE AND MATERIALS. CONTINUED USE OF THE MATERIALS FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Web Site or Materials, you will be governed by additional terms which will appear when accessing the Web Site. All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and these Terms, such additional terms shall govern when you access such Materials.
13. Modifications to the Web Site and Materials
We reserve the right to modify or temporarily discontinue the Web Site and the Materials (or any part thereof) or to permanently discontinue operation of the Web Site with or without notice to you. Modification of the Web Site and Materials can include, but is not limited to, any change to the Web Site or Content contained therein, changes to the administrative tools or functionality of the Web Site and Materials, modification of the “look and feel” of the Web Site, changes to the format of a property listing or any other part of the Web Site, and the inclusion of advertising links or other content available on the Web Site. Temporary discontinuance of the Web Site could be for a variety of reasons, including without limitation technical issues that require or result in short-term service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Materials or permanently discontinue operation of the Web Site. IF YOU OBJECT TO ANY MODIFICATIONS TO THE WEB SITE OR MATERIALS, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE WEB SITE AND MATERIALS. CONTINUED USE OF THE MATERIALS FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE MATERIALS AS SO MODIFIED.
14. Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of law provisions.
These Terms constitute the entire, exclusive, and final statement of the agreement between you and Berry Writing Group, Inc. with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of these Terms is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of these Terms shall continue in full force and effect. Any failure of Berry Writing Group, Inc. to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in these Terms are purely for convenience and effect are for illustrative purposes only. In the event of termination of these Terms for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of Materials, any license(s) you have granted to Berry Writing Group, Inc., any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
16. Services Provided by Third Parties
We are not responsible or liable for any products or services obtained by or through any other party. Any services displayed on this Web Site relating to services or materials provided by any other party are advertisements and do not constitute an offer or promise to provide any service by us. There is no endorsement by us of any other party or the products and services made available by or through any other web site.
17. Use of E-mail System
By using our e-mail system to contact Berry Writing Group, Inc. customers, you are agreeing to these Terms, including, without limitation, this Section 17. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed on Berry Writing Group, Inc. In no event may you contact a customer of Berry Writing Group, Inc. using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer.