Berry & Turnage
Terms of Service (for Users)
Date Last Modified: April 17, 2021
Introduction Statement 2
Contractual Relationship 2
Arbitration Agreement 3
Agreement to Binding Arbitration Between You and Berry & Turnage 4
Rules and Governing Law. 4
Process. 5
Location and Procedure. 5
Arbitrator’s Decision. 5
Fees. 5
Severability and Survival. 6
The Services 6
Legal Directory 6
Access to Information. 6
Restrictions on Use. 6
Not Medical Advice. 7
The Services are “As Is.” 7
Network Access and Devices. 8
Eligible Users 8
License 8
Limited License to You. 8
Restrictions. 9
Third-Party Services and Content. 9
Ownership. 10
User Accounts 10
Messaging Services. 11
Text Messaging and Telephone Calls. 11
Emails. 11
User-Provided Content. 12
Participation in Promotions. 12
Reviews. 13
User Accounts 10
DISCLAIMER. 13
LIMITATION OF LIABILITY. 15I
NDEMNITY. 16
Choice of Law 16
Claims of Copyright Infringement 16
Confidentiality 18
Entire Agreement 18
Assignment 18
XIV. Relationship 18
XV. Severability 18
XVI. No Waiver of Rights 19
XVII. Notice 19
XVIII. Contact 19
XIX. ADA Accessibility Statement 19
Introduction Statement
Berry & Turnage runs a business connecting users like you to “participating attorneys” (licensed legal professionals in your area who can assist you further with your injury). [These attorneys have been listed in our system based on their experience and a financial relationship with them]
Contractual Relationship
These Terms of Use (“Terms”) are what govern our relationship. The terms govern your access and/ or use of the websites, legal directory products, and services (the “Services” as defined below in Section [xx] made available by Berry & Turnage its parent, subsidiaries, representatives, affiliates, officers, and directors (collectively referred to “Personal Injury Max”, “us” or “we).
PLEASE READ THROUGH THESE TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A LEGAL RELATIONSHIP AND AGREEMENT BETWEEN YOU AND Berry & Turnage BY ACCESSING OR USING OUR SERVICES, YOU CONFIRM YOUR CONSENT TO BE BOUND BY THESE TERMS, INCLUDING INFORMATION SET FORTH IN OUR PRIVACY POLICY https://titanpersonalinjuryfirm.personalinjurymax.com/privacy-policy-page terms may apply to certain Services such as policies for a particular event, program, activity, or promotion, and such supplemental terms will be disclosed in connection with the applicable Service(s).
Supplemental terms are in addition to, and are part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict.
Should you not agree to these Terms, you may not use or access the Services. These Terms superseded prior agreements or arrangements with you. Please use the date updated at the top of these Terms to know when it was last updated. We may at any time without notice terminate or amend these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, except where prohibited.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW AND INCORPORATED HEREIN. IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Berry & Turnage ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
If your use of the Services is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of the Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.
Our collection and use of personal information in connection with the Services is described in our Privacy Policy here: https://titanpersonalinjuryfirm.personalinjurymax.com/privacy-policy-page
Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Berry & Turnage on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Berry & Turnage , and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Berry & Turnage by someone else.
Agreement to Binding Arbitration Between You and Personal Injury Max.
You and Berry & Turnage agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Berry & Turnage , and not in a court of law. For the avoidance of doubt, the scope of arbitration includes federal and state statutory and common law claims, including under the consumer protection laws and principles.
You acknowledge and agree that you and Berry & Turnage are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Berry & Turnage otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Berry & Turnage each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator ( “Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ( “FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York
Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at
www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of
Texas and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Berry & Turnage otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Berry & Turnage submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. If Berry & Turnage prevails then they may recover attorneys’ fees and costs.
Fees.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Berry & Turnage will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
The Services
Legal Directory
Berry & Turnage offers the ability to connect you with local legal professionals to help guide you in getting recovery for your injury.
Should other services be issued supplemental terms may apply to other programs at that time.
Access to Information.
Berry & Turnage uses and stores this your Data linked to the information you provide when using the Services to provide you with the most accurate and up to date referral. Should you not want this data collected you are able to use the Services without an Account.
You agree to fully and carefully read all provided product and services information and to contact a physician or provider if you have any questions regarding the testing or procedure. Personal Injury Max fully honors patient freedom of choice and respects your decision to choose the necessary testing facility applicable to you.
Restrictions on Use.
You agree not to use the Services in a way that is, in Berry & Turnage discretion, harmful to minors in any way or violates any applicable law, regulation, obligation, or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by Berry & Turnage from time to time, remove any copyright, trademark, or other proprietary notices from any portion of the Services, cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify Berry & Turnage if you learn of any security breach related to the Services.
Berry & Turnage may cancel, suspend, or terminate your access to the Site and the Services at any time and for any reason, including any violation of these Terms.
Not Legal Advice.
The contents of the Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.
Berry & Turnage does not recommend or endorse any specific service provider that may be mentioned in relation to the Services. Reliance on any information provided by Berry & Turnage or the Services is solely at your own risk.
If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency please call emergency services at 911.
The Services are “As Is.”
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Personal Injury Max MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. Personal Injury Max DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Personal Injury Max SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
Berry & Turnage is not obligated to provide any maintenance, technical or other support for the Service.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your mobile device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Berry & Turnage does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Eligible Users
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age and sound mind to form a binding contract with Berry & Turnage and meet all of the foregoing eligibility requirements.
The Services are offered and available to users who reside in the United States or any of its territories or possessions.
If you do not meet all of these requirements, you must not access or use the Services.
License
Limited License to You.
Subject to your compliance with these Terms, Berry & Turnage grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Berry & Turnage websites and mobile applications solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Berry & Turnage and Berry & Turnage licensors.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Personal Injury Max; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Ownership.
All rights reserved. Copyright is owned by Berry & Turnage 2020.
[I WOULD INCLUDE ALL THE INFORMATION HERE ON TRADEMARKS YOU REGISTER]
The Services and all rights therein are and shall remain Berry & Turnage property or the property of Berry & Turnage licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Berry & Turnage company names, logos, product and service names, trademarks or services marks or those of Berry & Turnage licensors.For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available to anyone utilizing the Services. By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Berry & Turnage and/or its Affiliates. You are only permitted to use the content as expressly authorized by Berry & Turnage or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from Berry & Turnage or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither Berry & Turnage nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.
User Accounts
You do not have to register or provide personal data to the Berry & Turnage website in order to access the website Berry & Turnage In order to use some aspects of the Services, however, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to Berry & Turnage certain personal information, such as your name and email address or mobile phone. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services. All information provided is covered by the
Berry & Turnage Privacy Policy. https://personalinjurymax.com/privacy-policy/You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Therefore, you must take steps to ensure that others do not gain access to your password and Account. Our personnel will never ask you for your password. You may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account. Unless otherwise permitted by Berry & Turnage in writing, you may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials).You may not in your access or use of the Services cause nuisance, annoyance, bullying, inconvenience, or property damage, In certain instances, you may be asked to provide proof of identity or another method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or another method of identity verification.
Text Messaging and Telephone Calls.
You agree that Berry & Turnage may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account, including for marketing purposes. Should you send Berry & Turnage a direct SMS message through a mobile device, such message constitutes your prior express written consent to receive the messages you request to that SMS device. You understand that you are not required to provide this consent as a condition of purchasing any property, goods, or services. You also understand that you may opt-out of receiving marketing text messages from Berry & Turnage at any time, either by texting the word “STOP” to the text message using the mobile device that is receiving the messages.
Emails.
You may opt-out of receiving commercial email communications by following the instructions contained in any email you receive. Please be advised that even if you opt-out of email communications, you may still receive email communications pertaining to your Account or the Services.
User-Provided Content.
Berry & Turnage may, in Berry & Turnage sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Berry & Turnage through the Services textual, audio, and/or visual content and information, including commentary, testimonials and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). You may also submit User Content via surveys, customer service communications, and social media channels. You grant Berry & Turnage a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content, including in edited and partial form, together with your name, location, and any other personal information you provide in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Berry & Turnage business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Berry & Turnage the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Berry & Turnage use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Berry & Turnage in its sole discretion, whether or not such material may be protected by law. Berry & Turnage may, but shall not be obligated to, review, monitor, or remove User Content, at Berry & Turnage sole discretion and at any time and for any reason, without notice to you, except where prohibited.
Reviews.
Berry & Turnage manages reviews left on the website. Berry & Turnage reviews will be based on a star system between 1-5 stars in addition to possible relevant other answers and comments. Only Users with registered accounts who have undergone the procedure or testing may leave a review. The review information will be validated with the services provider to ensure the service was conducted. If a negative review (1 or 2 stars out of 5 stars) is provided a representative either from Berry & Turnage or the service provider will be in contact with the User to ascertain the reason for a negative review and ensure the information provided is valid and correct prior to making the review live for the public. Reviews do undergo moderation and validation which may take up to two weeks before displaying on the website depending on the amount of content being moderated at that time.
Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Berry & Turnage DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, Berry & Turnage MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN, TO STOP PROVIDING MAIL DELIVERY SERVICES, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH ACTIVITIES.
YOU UNDERSTAND AND AGREE THAT TEMPORARY INTERRUPTIONS OF THE SERVICES MAY OCCUR AS NORMAL EVENTS. YOU FURTHER UNDERSTAND AND AGREE THAT WE HAVE NO CONTROL OVER NETWORKS YOU MAY ACCESS IN THE COURSE OF USING THIS SITE, AND THEREFORE, DELAYS AND DISRUPTION OF TRANSMISSIONS ARE COMPLETELY BEYOND OUR CONTROL.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND THAT WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU..
LIMITATION OF LIABILITY.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Berry & Turnage SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, Berry & Turnage , OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF Berry & Turnage , EVEN IF Berry & Turnage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Berry & Turnage SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Berry & Turnage REASONABLE CONTROL.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Berry & Turnage LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON Berry & Turnage CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF Berry & Turnage TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
INDEMNITY.
You agree to indemnify and hold Berry & Turnage and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Berry & Turnage use of your User Content; or (iv) your violation of the rights. Berry & Turnage reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Berry & Turnage in asserting any available defenses.
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of
New York, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Texans to assert claims under Texas law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Texas law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Texas law to you if you do not otherwise reside in Texas. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked. In the event the site allows you to upload copyrighted material, these Terms apply.
If you believe your copyright-protected work has been posted on the site or in conjunction with Service in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with a notice containing the following information:
*Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works;
*Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material);
*Your name, address, telephone number, and, if available, email address;
*A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
*A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
*Your physical or electronic signature.
If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details:
*Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled;
*A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
*Your name, address, telephone number, and, if available, email address;
*A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which Berry & Turnage may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and
*Your physical or electronic signature.
DMCA notices must meet current statutory requirements imposed by the DMCA.Please send DMCA notices to our DMCA Agent at the following address or by email (subject line “DMCA Communication”): 2117 Buffalo Rd. #102 Rochester NY 14624 Email: [email protected]
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement).Berry & Turnage DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO Berry & Turnage DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.
Confidentiality
You acknowledge and agree that in the course of using certain Services you may become aware of certain otherwise confidential information related to our business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, you agree to keep such information confidential.
Entire Agreement
Except as otherwise provided, these Terms, any supplemental terms, and the Privacy Policies referenced herein constitute the entire agreement between you and Berry & Turnage with respect to the use of the site and Services.
Assignment
You may not assign these Terms without Berry & Turnage prior written approval. Affordable Dx may assign these Terms without notice or consent to:
*An acquirer of Berry & Turnage equity, business, or assets;
*A subsidiary or affiliate; orA successor by merger.
Any purported assignment in violation of this section shall be void.
Relationship
No joint venture, partnership, employment, or agency relationship exists between you, Berry & Turnage , as a result of this Agreement or use of the Services.
Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these terms.
No Waiver of Rights
Shall Personal Injury Max fail to enforce any right or provision in these Terms it shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by Berry & Turnage in writing.
Notice
Berry & Turnage may give notice by means of a general notice on the Services, electronic mail to the email address associated with your account, telephone number or text messages to any phone number provided in connection with your Account, or by written communication sent by first-class mail or pre-paid post to any address connected with the Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if by email, phone, or text message).
You may give notice to Berry & Turnage at any time by first-class mail to: 2117 Buffalo Rd. #102 Rochester, NY 14624 or by email to [email protected]
Contact
Please contact us at [email protected] with any questions regarding these Terms.
ADA Accessibility Statement
Berry & Turnage works to make it’s Services and Site accessible to all, including those with disabilities. If you are having difficulty accessing this website, please call us at 585-371-8097 or email us at [email protected] so that we can provide you with the services you require through alternative means.