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ON USE OF MATERIALS
You may be required to create an account and specify a password to use certain features on our Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing email@example.com. You agree to indemnify and hold harmless The Berrics for losses incurred by The Berrics or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
All content included on this Website, such as video, photos, text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of The Berrics or its suppliers and is protected by U.S. and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. The Berrics enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact firstname.lastname@example.org.
TO THE BERRICS
Any information, including but not limited to videos, remarks, suggestions, ideas, graphics or other submissions, communicated to The Berrics through this Website becomes the exclusive property of The Berrics, and The Berrics is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to The Berrics and accepts responsibility for its accuracy, appropriateness and legality.
This Website and the materials and products on this Website are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, The Berrics disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Berrics does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free of viruses or other harmful components. The Berrics does not warrant or make any representations regarding the use or the results of the use of the materials in this Website in terms of their correctness, accuracy, reliability or otherwise. You (and not The Berrics) assume the entire cost of all necessary servicing, repair or correction. Some states do not permit limitations or exclusions of implied warranties, so the above limitations may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall The Berrics be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Website or the performance of the products, even if The Berrics or authorized representatives of The Berrics have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall The Berrics total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website.
As a condition of use of this Website, you agree to indemnify, defend, and hold harmless The Berrics, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Website including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.
In the event that a product sold is mistakenly listed at an incorrect price, The Berrics reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Berrics shall issue a credit to your credit card account.
FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.
These terms shall be governed by and construed in accordance with the laws of the state of California, U.S.A., without giving effect to any principles of conflicts of law, and expressly not by the United Nations Convention on Contracts for the International Sales of Goods. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Los Angeles County and you hereby consent and submit to the personal jurisdiction of such courts. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. The Berrics failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.
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