Terms and conditions
Please read the following terms and conditions carefully.
Registration and Security
You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when you Provide Your Information. When you create an account (“Account”) and subsequently log in, you will be asked to choose a password.
You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your Account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your Account (for example, your password has been lost or stolen, someone has attempted to use the services or Site through your Account without your consent or your Account has been accessed without your permission). We strongly recommend that you do not use the services or access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.
All material on this Site, and the files associated with it, are copyrighted by Berry Street or by the original creator of that material. It is protected by the copyright laws of the United States of America and under treaties with other nations. Unless otherwise stated, no material on this site is in the public domain. You may download, copy, reproduce, redistribute, republish, display, post, or transmit material on this Site only if expressly permitted, and then only the designated material. Berry Street in no way represents or warrants that your use of materials displayed on this Site does not infringe the rights of third parties.
The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, Berry Street owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within Our Site database(s), as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.
Restrictions on Use
Unless specifically stated otherwise, all information and material in this Site is made available only for the purpose of providing information about Berry Street. Information and material from this Site are only to be used for lawful purposes. Information and material from this Site and any other website owned, operated, licensed, or controlled by Berry Street or any of its related, affiliated, or subsidiary companies, may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Berry Street EXCEPT as expressly permitted in this paragraph.
Modification or use of the information or materials for any other purpose violates the intellectual property rights of Berry Street.
Any content and/or opinions expressed in this Site, including without limitation, message boards, articles and responses to questions are solely the opinions and responsibility of the person or entity named as the author and do not necessarily reflect the opinions of Berry Street. You also understand and acknowledge that you are responsible for the content of any message that you post to this Site.
You agree that you will not include in your message any content that is unlawful, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, ethnically, racially or otherwise offensive or illegal or that infringes any intellectual property right of a third party. You further agree that you will not misrepresent an affiliation with any person or organization. You agree that you will not include in your message any software, files or links to other sites or content that you are under a contractual obligation to keep private.
We reserve the right to monitor any and all messages sent to or through this Site and to refuse to post any message that we, in our sole discretion, view to be in violation of these Terms and Conditions or otherwise inappropriate. We also reserve the right, in our sole discretion, to revoke the use privileges of any user who violates our Terms and Conditions.
ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICE OR SITE(S), MAYBE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE, OR TO RETAIN THE CONTENT ON THIS SITE, UNLESS OTHERWISE AGREED.
Specific Disclaimer Concerning Medical Information
Information and materials provided in this Site are for informational purposes only. This Site is not a substitute for medical advice and should not be used for treating a disease or other health problem. All medical information presented should be discussed with your healthcare professional. Always seek the advice of your physician or other qualified healthcare provider prior to making any treatment or other medical decisions. Never disregard professional advice or delay in seeking it because of something you have read on the Berry Street website.
If you are in crisis or you think you may have an emergency, call your doctor or 911 immediately. If you’re having suicidal thoughts, call 1-800-273-TALK (8255) to talk to a skilled, trained counselor at a crisis center in your area at any time (National Suicide Prevention Lifeline). If you are located outside the United States, call your local emergency line immediately.
All remarks, suggestions, materials and ideas communicated to Berry Street through this Site, including data, questions, comments, suggestions, or the like (together, the “Submission”), is, and may be treated as, non-confidential and nonproprietary, and such Submission becomes the property of Berry Street and, if applicable, you agree that all intellectual property rights therein are transferred to Berry Street. You acknowledge that you are responsible for whatever material you submit, and you, not Berry Street, have full responsibility for the message, including its legality, reliability, and appropriateness. Anything you transmit or post becomes the property of Berry Street and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Berry Street is free to use any ideas, concepts, know-how, or techniques in any communication that you send to the site, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We do not respond to any questions concerning specific medical conditions. If you transmit such information, while we will not intentionally release it or make it public, we cannot assure you that the information will be kept private. WE URGE YOU NOT TO SEND SUCH INFORMATION BY E-MAIL OR OTHER FUNCTIONALITY AVAILABLE THROUGH THIS SITE.
Notwithstanding the foregoing, you acknowledge and agree that any Submissions will be treated as confidential and subject to the Berry Street HIPAA Notice of Privacy Practices. Berry Street agrees to maintain any Submissions in compliance with its legal obligations pursuant to all applicable privacy laws, including, without limitation, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended from time to time, and its implementing regulations. All other Submissions may be treated as non-confidential and nonproprietary as described above.
Cancellation and Account Deletion
You may cancel your Account at any time by emailing us at firstname.lastname@example.org. At cancellation, your Account will be inactivated and you will no longer be able to log into your Account.
OPT-IN MOBILE TEXTS
When you opt-in online, or otherwise provide your mobile phone number to us through our website, berrystreet.co, in an e-mail, in a written letter, or by some other means or manner, you agree to this Text Policy and give your prior, express, and written consent to receive text messages containing information, related to offers, deals, promotions, and special opportunities, from us. You will not receive more than four (4) text messages per day with appointment reminders, alerts, or promotional offers.
Message and data rates may apply. By signing up, you are confirming you are over the age of 13.
Email email@example.com to stop receiving text messages from Berry Street.
YOU UNDERSTAND AND AGREE THAT THE TEXT MESSAGES SENT TO YOUR MOBILE DEVICE MAY BE GENERATED BY USING AUTOMATIC TELEPHONE DIALING SYSTEMS (AUTO-DIALER). YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED TO MAKE A PURCHASE OR TO ORDER A SERVICE.
The information and materials in this Site could include technical inaccuracies or typographical errors. Berry Street may make changes or improvements at any time. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Berry Street DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Berry Street DOES NOT WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Berry Street DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF INFORMATION OR MATERIAL IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE Berry Street, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE.
You acknowledge that you are responsible for any actions you take while on this Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.
IN NO EVENT WILL TEND OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your own security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such an event, the exclusions shall apply to the fullest extent permitted under applicable law.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New York, USA, regardless of conflicts of laws. You agree that any action at law or equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities in the sole discretion of Berry Street. These Terms and Conditions contain the entire agreement between the parties relating to the use of this Site. The Berry Street Site may describe products and services which are not available worldwide.
YOU ACCEPT THESE TERMS BY USING THIS SITE.