Terms & Conditions
You represent and warrant that you will not use this Site for any unlawful purpose or in a manner that violates these terms, conditions and notices.
No other agreement exists between you and BERDVAYE relating to the sale of products or services to you through the Site.
You are not permitted to access the Site or any of the Services if you are under the age of 18.
Accuracy, Completeness and Timeliness of Information on this Site
This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We may modify the content of this Site from to time, in our sole discretion. You agree that it is your responsibility to monitor changes to the Site.
Features and Functionality Provided by Third Parties; Third Party Terms; and Third Party Content
The term “Content” as used herein means any information, materials, postings, messages, data, information, text, files, images, photos, video, sounds, audiovisual works, expression, or other original works of authorship, and the selection, arrangement and coordination thereof posted on, transmitted through, and/or made available, directly or indirectly, through the Website.
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters,” or
- unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as
- providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images those not linked to or from another accessible page;
- displays pornographic or sexually explicit material of any kind;
- constitutes child pornography or displays acts of violence against minors;
- provides instructional information about illegal activities;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- promotes commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- contains or comprises non-local or otherwise irrelevant Content, is repetitious to the same or similar Content already contained on the Site or otherwise imposes an unreasonable or disproportionately large load on our infrastructure.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content and terminating the membership of such violators.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages, losses or other costs from any party related to such exposure.
Use of Materials on this Site
All Content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, compilation, magnetic translation, digital conversion, code and software, as well as the selection and arrangement thereof) (collectively “Content”), is the exclusive property of and owned by BERDVAYE, its licensors, and/or as applicable, Third Party Providers, and is protected by copyright, trademark, and/or other applicable proprietary or intellectual property laws. You may access, view, copy, download and print the Content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of Content on the Site, including but not limited to the copying, downloading, modification, distribution, transmission, performance, broadcast, publication, display, posting, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to BERDVAYE, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. BERDVAYE reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. BERDVAYE, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in BERDVAYE’s sole discretion. BERDVAYE neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with BERDVAYE.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. BERDVAYE reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which BERDVAYE may be entitled at law or in equity.
Permission is hereby granted to the extent necessary to lawfully access and use the Site and/or any associated Content solely as needed for you to access and/or use the Site in accordance with this Agreement.
Information displayed on this Site including, without limitation, prices, appraisals, and/or other financial information, is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any transaction based upon information obtained through the Site, you should consult with a financial professional or engage in additional market research. If applicable, location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither us, nor any Third Party Providers guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by the Site. The information and all other materials available via the Site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate or take professional advice on the accuracy and completeness of all information, statements, opinions and other material available through the Site.
Content you Submit Through Website
You acknowledge that you are responsible for any Content you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through this Site any Content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content. You may not upload commercial content onto the Site.
If you do submit Content, and unless we indicate otherwise, you grant BERDVAYE, its agents, affiliates, and subsidiaries (individually and/or collectively, “affiliates”) an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, publish, post, distribute, display, data process and/or otherwise use such Content in any media including, without limitation, on this Website and/or any social media platforms owned or controlled by BERDVAYE (“License”). You further agree that BERDVAYE is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to BERDVAYE. You grant BERDVAYE the right to use the name you submit in connection with such material, if we so choose. You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision herein and will not cause injury to any person or entity. You hereby release and hold harmless BERDVAYE, its parents, affiliates, subsidiaries, agents and advisors and their respective employees, partners, officers, directors, shareholders, contractors, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with their use of your Content and that you will indemnify BERDVAYE for all claims resulting from Content you supply.
To the extent that your Content contains your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein, your License includes BERDVAYE’s right, whether or not BERDVAYE exercises this right, to use your name, voice, or image, or any quotes attributable to you. We reserve the right not to use any Content. You waive all rights related to our use and release, discharge and hold harmless BERDVAYE, its officers, directors, employees, partners, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of your name, voice, or image, or any quotes attributable to you.
Intellectual Property Copyright Policy
The Site and Content and information available via the Site are protected by copyrights and are owned by BERDVAYE or third parties and used by BERDVAYE with authorization. You may not reproduce, perform, display, distribute, create derivative works from, republish, upload, post, or transmit, any such copyrighted materials without our express, prior, written consent, or as otherwise provided herein or by applicable law.
If you believe that your Content has been copied and posted through the Site in a way that constitutes copyright infringement, please provide us with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright 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 specific Content 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 us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A notarized statement that the complaining party has a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A notarized 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 any such requests to BERDVAYE:
610 5th Ave
New York, NY 10185
BERDVAYE may update this address from time to time.
The trademarks, service marks, logos, and/or other indicia (individually and/or collectively, the “Trademarks”) appearing on this Site are the registered and unregistered trademarks of BERDVAYE, its licensors, content providers, Third Party Providers, or other third parties. All of these Trademarks are the property of their respective owners and are protected by federal and state law in the United States, and/or international laws, and may not be copied, used, reproduced, redistributed, advertised, published, posted, or imitated without the express, written permission of the owners.
Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on the Site, without the prior written permission of the Trademark owner. BERDVAYE aggressively enforces its intellectual property rights to the fullest extent of the law.
We may, at our sole discretion, add, modify or delete portions of this Agreement from time to time and will provide you with ten (10) days’ notice of any such changes by notification via e-mail. If you have not provided BERDVAYE with your e-mail address, we will notify you via this Website. Your continued use of the Website following the notification of changes to this Agreement constitutes your acceptance of any changes. It is your sole responsibility to review this Agreement for changes prior to your accessing and/or use of this Site.
Data Protection Consent
By agreeing to this Agreement, you agree to the terms of our Privacy Notice, which is available at http://www.berdvaye.com/privacy/ is hereby incorporated by reference. Before using this Site, please read the Privacy Notice, as your use of this Site constitutes acceptance of the descriptions provided in that Notice. All personal data provided to us as a result of your use of the Site will be managed in accordance with our Privacy Notice and this Agreement.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
BERDVAYE shall be excused from performance under this Agreement, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of BERDVAYE. In the event that BERDVAYE is temporarily unable to ship to you a purchased item because of such an event, BERDVAYE will make commercially reasonable efforts to give you the option of deferring shipment or receiving a refund of your charges.
When you use the Site, Service or send emails to BERDVAYE, you are communicating with BERDVAYE electronically. You consent to receive communications electronically from BERDVAYE. BERDVAYE will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE OR THE CONTENT AVAILABLE THEREFROM INCLUDING, BUT NOT LIMITED TO, THE ESTIMATED MARKET PRICES AND ANY QUOTES, WHICH ARE PROVIDED FOR USE WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED PER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY OR WHETHER ARISING OUT OF CUSTOM OR USAGE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, PERFORMANCE, SECURITY, REASONABLE SKILL AND CARE, OUTCOME, RESULTS, INTEGRATION, MERCHANTABILITY, AND QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE, MATERIALS, ANY THIRD PARTY CONTENT, AND ALL CONTENT ASSOCIATED WITH THE FOREGOING INCLUDING, BUT NOT LIMITED TO, THE ESTIMATED MARKET PRICES AND ANY QUOTES.
WE DO NOT WARRANT THAT THE WEBSITE OR ANY CONTENT ASSOCIATED THEREWITH WILL BE FREE OF ANY HARMFUL COMPONENTS INCLUDING VIRUSES OR DEFECTS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE NFORMATION ACCESSIBLE VIA THE WEBSITE OR ANY CONTENT AVAILABLE THEREFROM INCLUDING, BUT NOT LIMITED TO, THE ESTIMATED MARKET PRICES AND QUOTES, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING INFORMATION AND DATA SUBMITTED TO YOU IN CONNECTION WITH A QUOTE OR ESTIMATED MARKET PRICE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR SYSTEMS AND DEVICES AND ARE RESPONSIBLE FOR THE COSTS OF ANY SERVICES, REPAIRS OR CONNECTIONS WHICH MAY BE NECESSARY OR ADVISABLE AS A RESULT OF YOUR USE OF THE WEBSITE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, BERDVAYE, ON BEHALF OF OUR EMPLOYEES, PARTNERS, AGENTS, DIRECTORS, SHAREHOLDERS, AND/OR CONTRACTORS, EXPRESSLY EXCLUDE AND DISCLAIM LIABILITY FOR ANY AND ALL LOSSES, DAMAGES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR USE OR RELIANCE UPON THE ESTIMATED MARKET PRICES OR ANY QUOTES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF BERDVAYE OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
In no event shall our total liability to you for all damages, costs and fees other than as may be required by applicable law in cases involving personal injury exceed the amount of fifty dollars $50.00. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
This Agreement gives you specific legal rights and you may also have other rights which vary from country to country. As noted above, some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in this Agreement may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case, the limitations and exclusions set out in this Agreement shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
Limitation Of Liability
This Agreement together with our Privacy Notice, which is expressly incorporated herein contain the entire understanding between you and us with respect to use of the Site and Services and no representation, statement, inducement oral or written, no contained herein shall bind any party to this Agreement.
Your obligations under this Agreement are of a special and unique character for which BERDVAYE cannot be reasonably or adequately compensated in damages in the event you breach your obligations hereunder. Therefore, BERDVAYE shall, in addition to all other remedies which may be available, be entitled to injunctive and other equitable relief in the event of the breach or threatened breach of your obligations under this Agreement.
We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Site or the Services or any portion thereof and/or the information, materials, Content available therefrom or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any such action.
SEVERABILITY / NON-WAIVER
Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision, nor of the right to enforce such provision, and a waiver by us of any right under this Agreement will not, in any way, constitute a waiver of such right or any other right on any other occasion. In the event any provision of this Agreement is determined to be invalid, such invalidity will not affect the validity of the remaining portions of the Agreement, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision.
GOVERNING LAW / JURISDICTION
This Agreement shall be subject to, governed by and construed under the laws of the Commonwealth of Florida in the United States of America, without regard to conflict of law principles. Your access to, or use of, the Site, Services or Content available therefrom may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of any and all countries or jurisdictions.
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the Commonwealth of Florida and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
The Application and related documentation are “Commercial Items”, as defined at 48 C.F.R. §2.101. Pursuant to 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Under California Civil Code § 1789.3, California users are entitled to the name, address and telephone number of the service provider. Accordingly, please note the following information:
New York, NY 10185
To resolve a complaint concerning the Site, feel free to contact us via this information. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs can be reached at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834 916 445-1254 800 952-5310.
THANK YOU FOR VISITING OUR SITE!