1- USER AGREEMENT & OVERVIEW
2- INTERACTIONS WITH OTHER USERS, MEMBERS & VISITORS OF BERRYPAGE.COM
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT BERRYPAGE.COM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS. BERRYPAGE.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. BERRYPAGE.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. BERRYPAGE.COM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
IN NO EVENT SHALL BERRYPAGE.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE OF BERRYPAGE.COM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OR MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT BERRYPAGE.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR PERSONAL OR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR SOCIAL SECURITY NUMBER, PHYSICAL ADDRESS, CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
4- ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Berrypage of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Berrypage will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5- USERS CONTENT
You are solely responsible for the Content that you publish or display on the Berrypage site and Service, or any other content that is transmitted to other users. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other user. If information provided to Berrypage, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify Berrypage of such change.
6- RESPONSIBILITY OF SERVICE
You acknowledge that we are not responsible for interruption or suspension of the Service, regardless of the cause of the interruption or suspension.
7- TRADEMARK & COPYRIGHT INFRIGEMENT POLICY
If you believe that any material or content distributed by Berrypage would constitutes as trademark or copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the trademark or copyright interest; a description of the trademarked or copyrighted work that you claim has been infringed on; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the trademark or copyright owner or its agent.
Please submit all notices to the address listed below.
BERRYPAGE, INC P.O. BOX 130359 Springfield Gardens, NY 11413.
8- DISCLAMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
You understand and agree that you use Berrypage.com and its related services are at your own risk. Berrypages services are provided on an "as is" basis without representations or warranties of any kind, whether express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are incapable of exclusion under law.
Berrypage provides on-line computer database and an on-line searchable database featuring information such as classified listing for housing, services, dating services, information on local events, items for sale and information on local businesses, as well as forums for discussion and commentaries to subscribers through the Berrypage.com website. Berrypage does not guarantee the accuracy, completeness, or timeliness of, or otherwise endorse any information contained on Berrypage.com. Due to the number of sources from which content is obtained and distributed by Berrypage, there may be delays, omissions or inaccuracies in such content. You acknowledge that any use of the service is at your own risk. We do not represent or endorse the accuracy or reliability of any content, service, profile, statement or other information displayed, uploaded or distributed through the service by Berrypage, our partners or any user of the service or any other person or entity. You acknowledge that any reliance upon any such content and information, statement shall be at your own risk. Your continued use of the service constitutes a binding acceptance of the TERM OF USE and any modifications set forth by Berrypage. You hereby acknowledge and agree that under no circumstances will Berrypage, its officers, directors, employees, agents and third party content providers or licensors be liable to you or any third party for any loss whatsoever caused by your use or reliance on information obtained through the content distributed by Berrypage as well as any direct, indirect, incidental, special, punitive or consequential damages or injury arising out of the use or inability to use the Berrypage service or out of the breach of any warranty, or caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to and/or alteration of the Berrypage.com website, no matter whether such claims are based in contract, tort, negligence, strict liability or any other cause of action, and regardless of whether Berrypage has been advised of the possibility of such damages.
9- INDEMNITY BY THE USER, VISITOR OR MEMBER & ALL PARTIES
You agree to indemnify and hold Berrypage, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.