Terms of Use


 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law.

You agree that by using this site you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.

It is your responsibility to review these Terms and Conditions periodically. We may revise these Terms and Conditions at any time without notice to you and your continued use or accessing of this website following the posting of any changes to these Terms and Conditions constitutes your acceptance of such changes. If you do not agree to these terms and conditions, please do not use this site.

 

Website

We grant you a limited license to access and use the site for your personal use, and to copy, distribute, and transmit the content of this site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the site for your personal use. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, or descriptions; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.

You may not use any meta tags or any other "hidden text" utilizing Berkley Green’s name or trademarks without the express written consent of Berkley Green. Any unauthorized use terminates the permission or license granted by Berkley Green.

We reserve the right to change any information, features and functions of the site without prior notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this site if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited.

 

Billing and Payments


We will charge your credit card when we ship your first Berkley Green order. We accept the following credit cards at this time: Visa, MasterCard, American Express and Discover. For your convenience, we will save your credit or debit card information.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.

If you would like to exchange or return a product, please contact us at sberkley@berkleygreen.com

 

Warranty Disclaimer

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE AND THE PRODUCTS OFFERED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET WORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BERKLEY GREEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BERKLEY GREEN DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  BERKLEY GREEN DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

BERKLEY GREEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF BERKLEY GREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Typographical Errors


In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, Berkley Green shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Berkley Green shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Berkley Green shall immediately issue a credit to your credit card account in the amount of the charge.

 

Copyright


The technology underlying, and the entire contents of the site, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Berkley Green and is protected by copyright and other intellectual property or proprietary rights.

 

Trademarks


All trademarks, service marks, and trade names of Berkley Green on the site are trademarks or registered trademarks of Berkley Green _____, or of their respective owners.

 

Indemnification


You agree to indemnify, defend, and hold harmless Berkley Green, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

Privacy


Registration data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, please review our privacy policy.

 

Third-Party Links


The site may link to websites operated by third parties. Berkley Green has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Berkley Green. Berkley Green is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Berkley Green is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site

 

Miscellaneous


Your use of the site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms and Conditions will be brought exclusively in the federal or state courts located in New York, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. No failure or delay by Berkley Green in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms and Conditions. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action arising out of, related to or connected with the use of the Site, or these Terms and Conditions or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. The paragraph or section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged. These Terms and Conditions are binding upon and shall inure to the benefit of parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Berkley Green’s prior written consent.