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Terms of Use

Welcome to the Berry Delight website www.BerryDelightUSA.com. By accessing this website, you agree to be bound by the terms and conditions below. If you do not agree, please do not use the website.

Copyright and Trademark Notice

Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Berry Delight and/or its subsidiaries and affiliates or by other parties that have licensed their material to Berry Delight. Material from this site may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Berry Delight. Except, you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Berry Delight’s intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data are deemed to be licensed to you by Berry Delight. Neither title nor intellectual property rights are transferred to you, but remain with Berry Delight, who owns full and complete title. You may not resell or decompile the software.

Berry Delight shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Site. If you choose to download material from this site you do so at your own risk.

Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO OUR PRODUCTS, ALL CONTENTS OF THE SITE ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED. Berry Delight MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BERRY DELIGHT DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation Of Liability

Under no circumstances shall Berry Delight be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. Berry Delight shall not be liable even if Berry Delight or a Berry Delight authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

 Feedback and Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to Berry Delight through this site will forever be the property of Berry Delight. Berry Delight will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Berry Delight operations. Without limitation, Berry Delight will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Berry Delight will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. In addition, you warrant that all so-called “moral rights” have been waived.

 Indemnification

You agree to defend, indemnify and hold Berry Delight and each of its subsidiaries, affiliates, franchisees, licensees, officers, directors employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.

Modifications To The Site

Berry Delight reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site including but not limited to content, features or hours of availability. Berry Delight may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

User Conduct

You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false misleading indications or origin or statements of fact.

Privacy

For an explanation of our online information practices with regards to information collected or submitted to the Site, please see our Privacy Policy.

Governing Law

These Terms are governed by and shall be construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Any controversy or dispute involving Berry Delight arising from or in any way related to these Terms or your use of the site shall be heard in the appropriate State or Federal Court in San Clara County, California.

If you have any questions or comments about these Terms of Use, please Contact Us via e-mail at ash@BerryDelightUSA.com.