Terms of Service
You agree to abide by all applicable local, state, national and international laws and regulations pertaining to accessing and using the Service. You also acknowledge and agree that your use of the Internet to access the Service is solely at your own risk.
By creating an account for the purposes of using the Service ("Account"), you agree to subscribe to newsletters, marketing or promotional materials and other information the Company may send, including by e-mail, SMS, text messaging, automated voicemail drops and push notifications. However, you may opt out of receiving any, or all, of these communications from the Company, at any time and upon your preference. You may opt out of receiving e-mail communications by clicking on the unsubscribe link provided in any e-mail sent by the Company and then following the affiliated instructions provided. You may opt out of receiving SMS and text messaging by replying "STOP" to any text sent by the Company. You may opt out of receiving phone calls by communicating that preference with receiving a phone call from the Company. The Company will make commercially reasonable efforts to comply with any communications from you requesting an opt out of communications.
To purchase any product or service made available through the Service ("Purchase"), you may be required to supply certain information relevant to your Purchase, including, but not limited to, your credit card number, card expiration, billing address, and shipping preference and address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) used in connection with any Purchase and that (ii) the information you supply to the Company related to a Purchase is true and accurate.
The Company reserves the right to refuse or cancel your order at any time for reasons including, but not limited to: suspicion of fraudulent, unauthorized, or illegal Purchase transactions; availability of a product or service; errors in the description or listed price of a product or service; or other errors or related reasons.
Availability, Errors and Inaccuracies
The Company is constantly updating product and service offerings on the Service, and sometimes there are delays between an update of information on the Service and a corresponding update to the Company's advertising. There is also potential for the information on the Service to contain errors or inaccuracies or be incomplete or outdated. The Company does not guarantee the accuracy or completeness of any information found on the Service and reserves the right to update information and correct errors, inaccuracies, or omissions at any time without prior notice.
The Service allows you to post, link to, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
Specifically, you must not:
- Post statements or other materials that are in any way libelous or defame; harass; abuse; threaten; intimidate; or, in any other way, infringe on the rights of others;
- Post or upload personal information, pictures, videos or any other media belonging to another person without their express permission, or anything else that violates the privacy or publicity rights of another person or entity;
- Post anything that interferes with or disrupts the operation of the Service, including, but not limited to, posting files that contain malware, viruses, corrupted files, or any other type of file or data that may damage the functionality of another's computer or the Service;
- Repeatedly post the same message or similar messages within an unreasonable timeframe;
- Delete or revise any material from the Service posted by another user or the Company, without the express written permission of the Company;
- Post statements or materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
- Post statements or other materials that are bigoted, hateful, racist, vulgar, obscene, pornographic, profane or otherwise objectionable, including language and images;
- Post statements or materials that in any way could harm minor children;
- Post statements or materials that impersonate another person or entity, whether actual or fictitious;
- Post statements or materials that in any way misrepresent your affiliation with any entity, including, but not limited to, the Company;
- Post statements or materials that constitute spam or unauthorized advertising or promotional materials, including, but not limited to, links to commercial products or services;
- Post material that infringes or may infringe on any copyright, patent, trademark, trade secret, or other intellectual or property rights of any party that you are not authorized to make available.
The Company has the right, but not the obligation, to monitor and edit all Content provided by users. Please be aware that the Company can remove any material posted by a user that it finds, in its sole discretion, to be objectionable, with or without notice to said user. Any user failing to comply with these guidelines may be expelled from and refused continued access to forums maintained by the Company in the future. The Company expressly disclaims any and all responsibility and makes no representations as to the validity of any opinion, advice, information or statements made or displayed in forums by third parties, nor is the Company responsible for any errors or omissions in any such postings or for hyperlinks embedded in any message.
By posting Content on or through the Service, you represent and warrant that: (i) the Content is yours (you own it), and/or you have the right to use it and the right to grant the Company the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Service. However, by posting Content using the Service, you grant the Company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. In addition, Content found on or through this Service is the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the Company.
When you create an account with the Company, you warrant and guarantee that you are above the age of 18 and that the information you provide the Company is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account and/or access to the Service. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You agree that you will not use the Service in a manner that is inconsistent with the rights and restrictions as set forth in this Terms of Service.
You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is for our Service or a third-party service. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or one not lawfully available for use, a name or trademark subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. If you choose to communicate with or meet other users of the Service, associated content or forums, you do so entirely at your own risk. You hereby understand and acknowledge that there are risks involved with meeting people in person from an online community, including, but not limited to, risks of physical harm. You assume any and all risks associated with in-person contact with other users outside of the use of the Service and associated content and forums.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. The Company's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. The Service and its original content may not be reproduced, transmitted or distributed without the prior written consent of the Company. The Company respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via e-mail to [email protected], with the subject line "Copyright Infringement" and include a description of the alleged Infringement as detailed below under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit notification of a claim of copyright infringement, pursuant to the Digital Millennium Copyright Act (DMCA), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including an URL for or copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information provided in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via via e-mail at [email protected] or by mail PO Box 131081 Carlsbad, CA 92013.
Disclaimer - Links to Third-Party Web Sites
Some links on the Service will direct you to a third-party website ("Linked Site"). The Company may provide such links as a convenience. You understand and acknowledge that the Company does not control such a Linked Site or its contents. The Company is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services, or other materials on or available from a Linked Site. You acknowledge and agree that the Company shall not be responsible or liable, either directly or indirectly, for any and all damage or loss caused or allegedly caused by or in connection with the use of any of the links, content, goods or services available via a Linked Site. The Company strongly advises you to read the terms and conditions and privacy policies of any third-party site you access.
The Company may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, in the Company's sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of the Terms.
If you wish to terminate your Account, you may send notice to the Company by e-mailing [email protected].
All provisions of the Terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Michelle & Keith Berman/Berman Estates and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys' fees) resulting from or arising out of a) the use of and access to the Service by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Service.
Limitation of Liability
THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER REASON ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE USE OF OR INABILITY TO USE THE SERVICE; (2) ANY CONTENT CONTAINED ON THE SERVICE; (3) ANY STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT; (4) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SERVICE AND/OR ITS CONTENT; (5) ANY ACTION OR INACTION TAKEN IN RESPONSE TO OR RESULTING FROM ANY AND ALL INFORMATION AVAILABLE ON THE SERVICE AND/OR WITHIN ITS CONTENT AND ANY DAMAGE CAUSED BY LOSS OF ACCESS; (6) ANY OTHER MATTER ARISING FROM OR RELATING TO THE USE OF THE SERVICE AND/OR ITS CONTENT; (7) ANY OTHER MATTER ARISING FROM OR RELATING TO THE INABILITY TO USE OR ACCESS THE SERVICE AND/OR ITS CONTENT.
UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS, TO YOU FOR ANY AND ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT PAID BY YOU FOR USING THE SERVICE OR ITS CONTENT.
THE SERVICE AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY CANNOT AND DOES NOT WARRANT THAT THE SERVICE, THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED THEREON OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, THE SERVERS, OR ANY E-MAILS SENT FROM THE COMPANY ARE FREE OF VIRUSES AND ANY OTHER HARMFUL COMPONENTS. THE COMPANY SHALL NOT BE LIABLE FOR DAMANGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including, but not limited to, any failure to perform the obligations hereunder or those found in any additional terms, due to unforeseen circumstances or causes beyond the control of the Company, such as acts of God; fire; flood; earthquake; accidents; strikes; war; terrorism; governmental acts; failure of common carriers (including, but not limited to, Internet service providers and website hosting providers); and shortages of transportation facilities, fuel, energy, labor or materials.
Governing Law and Jurisdiction
By accessing or using the Service, you agree to be bound by these Terms, which shall be governed by, and construed in accordance with, the laws of the state of California, exclusive of its choice of law rules. For any Disputes deemed not subject to binding, individual arbitration, as provided in the section immediately below, you and the Company agree to submit to the exclusive jurisdiction of the state of California, or, if federal court jurisdiction exists, the United States District Court for the state of California. You and the Company agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party's rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This Section will be interpreted as broadly as applicable law permits.
Class Action Waiver
Any claim or other proceedings by or between you and the Company shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree to waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction.
State Specific Notes:
- California. Under California Civil Code Section 1789.3, California website users are entitled to know that they may file grievances and complaints in writing with The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or via telephone at (916) 445-1254 or 1-800-952-5210, or via e-mail at [email protected]
- New Jersey. Any disclaimer, limitation of liability, indemnification or damages provision contained herein shall apply to New Jersey residents and/or New Jersey transactions only to the extent permitted either by New Jersey law or public policy.
If any part of these Terms is deemed to be unlawful, void, or, for any reason, unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions of these Terms.
The Company may modify these Terms at any time. If, at any time, you disagree with the changes made to the Terms, you must discontinue your use of the Service and its content and forums, and if you have registered for any services through the Service, cancel your registration for such services. Your continued access or use of the Service following such notice constitutes your acceptance of the modified Terms. It is your responsibility to be aware of any such modifications to the Terms. The Company reserves the right to modify or discontinue the Service with or without notice and will not be held liable to you or any third party should the Company choose to exercise its right to modify or discontinue the Service. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE ACCESS TO AND USE OF THE SERVICE. CONTINUED ACCESS TO AND USE OF THE SERVICE AND/OR ITS CONTENT AND FORUMS FOLLOWING NOTICE OF ANY SUCH CHANGE INDICATES YOUR ACKNOWLEDGEMENT OF SUCH CHANGE AND ACCEPTANCE OF THE SERVICE AS SO MODIFIED, AND YOUR USE OF THE SERVICE AND ITS CONENTS AND FORUMS SHALL BE GOVERNED BY THE UPDATED TERMS.
How to Contact Us
If you have any questions or comments about this policy, if you need to report a problem with the Service, or if you would like to exercise one of your rights under this policy, please contact the Company at:
Michelle & Keith Berman/Berman Estates
PO Box 131081
Carlsbad, CA 92013
Contact Email: [email protected]
Please include in your correspondence your name, contact information, and the nature of your request so that we can respond appropriately and promptly. Please allow thirty (30) calendar days for a response to any inquiry you submit to the Company.
Last updated on 6/15/2021.