Terms of Use

BERRYCENTRO™ MAY REVISE THESE TERMS OF USE BY UPDATING THIS POSTING

EFFECTIVE: 2/05/2013

TERMS OF USE - PLEASE READ CAREFULLY

Thank you for visiting a BERRYCENTRO website. BERRYCENTRO maintains this website (the "Site") for your personal entertainment, information, education and communication. Your access to and use of the Site is subject to these Terms of Use and all applicable laws. This is a binding agreement. By using the Site or any services provided in connection with the Site, you acknowledge that you have read these Terms of Use and that you agree to abide by them, as they may be amended from time to time in BERRYCENTRO’s sole discretion.

Copyright

This Site belongs to BERRYCENTRO. BERRYCENTRO or other third parties may own the copyright to the contents of this Site. You may download only material displayed and identified on the Site as specifically available for downloading. Such material is for your use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without BERRYCENTRO’s prior written permission.

Submissions to the Site

Any information or material you submit through this Site, by email, download, or otherwise (“Submission”), is non-confidential, and you authorize BERRYCENTRO to use and reproduce such Submission free of charge, for any purpose, in perpetuity. BERRYCENTRO is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing products and services. Any such use is without compensation to the person submitting. If BERRYCENTRO accepts your submission and specifically agrees to keep it confidential or not use it, nevertheless, BERRYCENTRO does not waive any rights it may have to similar or related ideas previously known to BERRYCENTRO or developed by its employees, or obtained from sources other than you. You further acknowledge and warrant that the Submission contains only your own material and content or material and content that you have undeniable rights to use, and that BERRYCENTRO 's use will not violate any third party's rights. BERRYCENTRO is under no obligation to use any Submission.

Related Issues

Although BERRYCENTRO may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site (“Postings”), BERRYCENTRO is under no obligation to do so and assumes no responsibility or liability arising from the content of any such Posting, including that arising from the negligence of BERRYCENTRO, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage any unlawful conduct. BERRYCENTRO reserves the right to disclose all information you provide in any manner that BERRYCENTRO sees fit, including pursuant to any law enforcement inquiry or legal process directing BERRYCENTRO to disclose the identity of anyone posting any such information or materials. BERRYCENTRO may remove Postings and/or limit or deny your access to and use of the Site, at any time, for any reason or no reason. You agree not to conceal or alter your identifying information for any reason in connection with your use of the Site. Copyright Complaints (DMCA policy)

BERRYCENTRO respects the intellectual property of others, and we ask our users to do the same. BERRYCENTRO may, in appropriate circumstances and at its discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify BERRYCENTRO by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Service Provider to locate the material;

Information reasonably sufficient to permit Service Provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send notice to:

BERRYCENTRO / REITER BROS, INC. Attn: Legal Department 730 South A Street Oxnard CA 93030

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

Trademark

The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on the Site belong to BERRYCENTRO or are used lawfully. Nothing contained on this Site should be construed as granting any license or right to use any Trademark displayed on this Site. Any use or misuse of the Trademarks displayed on this Site, or any other content on this Site, except as provided in these Terms of Use or otherwise allowed by law, is strictly prohibited. You are also advised that BERRYCENTRO will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

Linking

This Site may contain links to other websites. These links are to companies or organizations we believe may interest you. BERRYCENTRO has not reviewed all the websites linked to the Site and is not responsible for the content of any other websites linked to the Site. Your linking to any other website is at your own risk.

In general, BERRYCENTRO does not object to links to this Site from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of BERRYCENTRO's trademarks, logos or slogans in or with your links. You may not employ any link to this Site that in any way that suggests BERRYCENTRO has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site, unless you have a specific written agreement with BERRYCENTRO to do so. You may link to this Site using the plain text name of the Site. Link only to the home page of this Site. Do not, without BERRYCENTRO's written permission: (a) incorporate any content from this Site into your website (e.g., by in-lining or framing); (b) use any BERRYCENTRO names, trademarks, slogans, or any other words or codes identifying BERRYCENTRO Site in any "metatag". BERRYCENTRO will not tolerate links from any website that may adversely affect the name, reputation and goodwill of BERRYCENTRO and its services. BERRYCENTRO reserves the right to cancel permission to link at any time, for any reason.

Privacy Policy

Along with our Terms of Use, we encourage you to read our Privacy Policy and refer to it before you submit any personal information to this Site. The Privacy Policy is a part of these Terms of Use.

Jurisdiction

The BERRYCENTRO services, materials, offers, and information appearing on this Site are intended for U.S. visitors and customers. This Site is controlled by BERRYCENTRO from its offices in Oxnard, California, United States. BERRYCENTRO makes no representation that materials on this Site are appropriate or available for use in other locations. You hereby irrevocably consent to the exclusive jurisdiction of the Superior Court of Ventura County, California, and to the federal courts of the Central District of California, in all disputes arising out of or related to the use of the Site. The use of the Site and any disputes arising therefrom are governed by the federal law of the United States and by the law of the State of California.

Limitation of Liability

Your use of and browsing on this Site are at your own risk. Everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws. BERRYCENTRO’s LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BERRYCENTRO BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY BERRYCENTRO. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

Indemnification

You agree to indemnify BERRYCENTRO for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless BERRYCENTRO, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from or related to your access to or use of the Site, your violation of these Terms of Use, your negligent acts, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.