Agreement between user and berlinco.com
Welcome to berlinco.com. The berlinco.com website (the “Site”)
is comprised of various web pages operated by BerlinCo, Inc. (“BerlinCo”).
berlinco.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of berlinco.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep
a copy of them for your reference.
berlinco.com is a Corporate Site
The Site provides information about the company and the services offered. The Site also features tools to collaborate and communicate.
informs users of our data collection practices.
Visiting berlinco.com or sending emails to BerlinCo constitutes
electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures
and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such
communications be in writing.
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access
to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. You may not assign
or otherwise transfer your account to any other person or entity. You
acknowledge that BerlinCo is not responsible for third party access to
your account that results from theft or misappropriation of your
account. BerlinCo and its associates reserve the right to refuse or
cancel service, terminate accounts, or remove or edit content in our
BerlinCo does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use berlinco.com only with permission of a parent or guardian.
Links to third party sites/Third party services
berlinco.com may contain links to other websites (“Linked Sites”).
The Linked Sites are not under the control of BerlinCo and BerlinCo is
not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. BerlinCo is providing these links to you only
as a convenience, and the inclusion of any link does not imply
endorsement by BerlinCo of the site or any association with its
Certain services made available via berlinco.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the berlinco.com domain, you hereby acknowledge and consent that BerlinCo may share such information and data with any third party with whom BerlinCo has a contractual relationship to provide the requested product, service or functionality on behalf of berlinco.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to
access and use berlinco.com strictly in accordance with these terms of
use. As a condition of your use of the Site, you warrant to BerlinCo
that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or interfere with
any other party’s use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BerlinCo or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BerlinCo content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of BerlinCo and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BerlinCo or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message
or communication facilities designed to enable you to communicate with
the public at large or with a group (collectively, “Communication
Services”), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and related
to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
BerlinCo has no obligation to monitor the Communication Services. However, BerlinCo reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BerlinCo reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BerlinCo reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BerlinCo’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BerlinCo does not control or endorse the content, messages or information found in any Communication Service and, therefore, BerlinCo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BerlinCo spokespersons, and their views do not necessarily reflect those of BerlinCo.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to berlinco.com or posted on any BerlinCo web page
BerlinCo does not claim ownership of the materials you provide to
berlinco.com (including feedback and suggestions) or post, upload, input
or submit to any BerlinCo Site or our associated services (collectively
“Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting BerlinCo, our
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. BerlinCo is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BerlinCo’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your BerlinCo account to third party
accounts. By connecting your BerlinCo account to your third party
account, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance
with your privacy settings on those third party sites). If you do not
want information about you to be shared in this manner, do not use this
The Service is controlled, operated and administered by BerlinCo in the
USA. If you access the Service from a location outside the USA, you are
responsible for compliance with all local laws. You agree that you will
not use the BerlinCo Content accessed through berlinco.com in any
country or in any manner prohibited by any applicable laws, restrictions
You agree to indemnify, defend and hold harmless BerlinCo, its officers,
directors, employees, agents and third parties, for any losses, costs,
liabilities and expenses (including reasonable attorney’s fees)
relating to or arising out of your use of or inability to use the Site
or services, any user postings made by you, your violation of any terms
of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. BerlinCo
reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in
which event you will fully cooperate with BerlinCo in asserting any
In the event the parties are not able to resolve any dispute between them
arising out of or concerning these Terms and Conditions, or any
provisions hereof, whether in contract, tort, or otherwise at law or in
equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and
administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually
agreed upon by the parties. The arbitrators award shall be final, and
judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration
arises out of or concerns these Terms and Conditions, the prevailing
party shall be entitled to recover its costs and reasonable attorney’s
fees. The parties agree to arbitrate all disputes and claims in regards
to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including
Tort claims that are a result of these Terms and Conditions. The parties
agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope
and enforceability of this arbitration provision shall be determined by
the Arbitrator. This arbitration provision shall survive the termination
of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an
individual basis; class arbitrations and class/representative/collective
actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING
CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE
AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
Employer agree otherwise, the arbitrator may not consolidate more than
one person’s claims, and may not otherwise preside over any form
of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
BERLINCO, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE SITE AT ANY TIME.
BERLINCO, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BERLINCO, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BerlinCo reserves the right, in its sole discretion, to terminate your
access to the Site and the related services or any portion thereof at
any time, without notice. To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Michigan and you
hereby consent to the exclusive jurisdiction and venue of courts in
Michigan in all disputes arising out of or relating to the use of the
Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BerlinCo as a result of this agreement or use of the Site. BerlinCo’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BerlinCo’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BerlinCo with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BerlinCo with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BerlinCo with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
BerlinCo reserves the right, in its sole discretion, to change the Terms
under which berlinco.com is offered. The most current version of the
Terms will supersede all previous versions. BerlinCo encourages you to
periodically review the Terms to stay informed of our updates.
BerlinCo welcomes your questions or comments regarding the Terms:
2885 Sanford Ave SW #13402
Grandville, Michigan 49418
Effective as of April 19, 2016