Terms & Conditions

The following terms and conditions ("Terms and Conditions") govern your use of the World Wide Web Site located at www.berlz.com (the "Site"). By accessing, viewing, or using this Site or the content, material, services or any other item or offering available on or through this Site, you represent that you have read and understand these Terms and Conditions, and you agree to them and intend to be legally bound by them. If you do not agree to and intend to be legally bound by these Terms and Conditions, you are not granted permission to use this Site and must exit immediately. 4ward Sciences, Inc. (owner of "berlz™") reserves the right at any time to modify, alter, or update these Terms and Conditions. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made. The Site and Site Materials (defined below) are available only to individuals at least 18 years of age, and to individuals between 13 and 18 years of age who have their parent’s consent to use the Site or Site Materials and to be bound by these Terms and Conditions. If you are not at least 18 years of age, or if you are between 13 and 18 years of age but do not have your parent’s consent to use the Site or Site Materials and to be bound by these Terms and Conditions, you are not granted any right or permission to use the Site or Site Materials and you must exit the Site immediately.

Proprietary Rights

All works of authorship, information, content, functional components, software, downloads, upgrades, documentation, service packages, services, and material and any other item or offering appearing on, made available via, or contained in this Site ("Site Materials") are protected by law, including, but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, recordings, drawings, sketches, artwork, images, text, forms, algorithms, and look and feel attributes), and any and all right, title, and interest therein, are exclusively the property of berlz™ (including, without limitation, all copyrights therein) or berlz™ affiliates, licensors or suppliers or other respective intellectual property owners. All rights reserved. The owner of berlz™, 4ward Sciences, Inc. owns a copyright in this Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials. Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or any Site Materials or any other proprietary information of berlz™ without berlz™ advance written consent, is prohibited. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to berlz™, its owners, affiliates, partners, licensors, or suppliers or other respective intellectual property owners. Any misuse or other unauthorized use of these trademarks is expressly prohibited and may violate federal and state trademark law.

Disclaimer of Warranty and Liability

This site and the site materials are made available "as is" and "with all faults." Use of this site and the site materials is entirely at your own risk. berlz™ makes no representations or warranties, and disclaims all representations and warranties, with respect to this site, the site materials, and the user materials, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, completeness, and effort with regard to the site and any and all site materials and user materials is with you. berlz™ shall not have any responsibility or assume any liability for any data, information, or material uploaded to the site, made available via the site, or transmitted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse, or profanity you may encounter in using the site, site materials, or user materials. Neither berlz™, nor any of its owners, their directors, officers, members, employees, contractors, agents, or representatives shall be liable for any special, indirect, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the site, the site materials, the user materials, or the use of, access to, or inability to access or use this site, the site materials, or the user materials, regardless of legal theory (including, but not limited to, negligence or strict liability), whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of berlz™ to you or any other person or entity in connection with, based upon, or arising from this site, the site materials, or the user materials exceed the price paid by you for use of this site.

Use of the Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither berlz™ nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Links to Other Web Sites

This Site contains links to third-party Internet Web sites for the convenience of users in locating, identifying, referencing, and/or purchasing information, products, or services. These links may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. These sites are maintained by organizations over which berlz™ exercises no control, and berlz™ expressly disclaims any and all responsibility for the content (including, without limitation, information, links, text, graphics, and other items), completeness, and accuracy of and errors and omissions related to such Web sites and the information, offers, products, and services provided or offered by or advertised on these third-party sites, including, without limitation, the availability and pricing of any products or services. berlz™ additionally disclaims any and all responsibility for the transactions that you conduct or enter into with the owners or operators of these Web sites. Further, neither berlz™ nor its affiliates endorses the individuals, companies, or other persons or entities, or any products or materials associated with such individuals, companies, or other persons or entities, that provide products, information, or services. Without limiting anything else in these terms and conditions or otherwise, berlz™ makes no representations or warranties as to the quality, fitness, workmanship, value, appropriateness, or reliability of the products or services available via or on these sites or the solvency or financial viability of any advertiser, licensor, third party, or affiliate. Without limiting anything else, berlz™ will not reimburse or indemnify you for any losses you may incur as a result of transactions with any other third party or otherwise. Users are advised to use discretion in selecting companies to do business with online.

Governing Law and Jurisdiction

Except as otherwise expressly provided in any other written agreement between you and berlz™, these Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and berlz™ with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the Uniform Computer Information Transactions Act drafted by the National Conference of Commissioners on uniform state laws or the convention on contracts for the international sale of goods shall not apply except to the extent that the law expressly prohibits alteration by these terms and conditions of the applicability of one or more sections of the law. By accessing, viewing, or using any of the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in California, U.S.A., and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

Miscellaneous

This Site is controlled and operated by berlz™ from its offices within the United States. Without limiting anything else, berlz™ makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations. Access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of berlz™ to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms and Conditions. Neither these terms and conditions, nor any rights or obligations under these terms and conditions, may be assigned, delegated, transferred, or made the subject of a security interest or otherwise encumbered, in whole or in part, by you without the prior written consent of berlz™. Any assignment in violation of this paragraph shall be void.

Contacting the Web Site

If you have any questions about this statement, the practices of this site, or your dealings with this Web site, you can contact us here: contactus@berlz.com