Please keep in mind, Berryworks also offers Software-as-a-Service and other products pursuant to a separate manually or digitally-executed agreement (“SaaS Agreement”). If you visited a Website to exercise rights made available to you pursuant to a SaaS Agreement, you may be subject to additional or different terms or conditions included in your SaaS Agreement. In the event of any conflict between these Terms and the terms and conditions set out in your SaaS Agreement, the terms of your SaaS Agreement will prevail.
If you have executed an order form, statement of work, or other agreement to purchase Berryworks services (“Ordering Doc”), which references this URL, please refer to these “Berryworks Service Terms”, which govern your use of the Berryworks Services set out in the Ordering Doc.
The Website may contain a variety of information and resources including, but not limited to, product descriptions, text, images, photographs, documents, testimonials, logos, reports, software, downloadable material, Web Services Application Program Interface information (“APIs”), and other tools (collectively the “Materials”).
If you do not agree to these Terms, do not use the Website or any Materials contained therein.
2.1 ACCURACY & PRIVACY
2.2 SUBMITTED DATA
You are entirely responsible for anything that you send, upload, or otherwise transmit to or via the Website, including, but not limited to feedback or suggestions (“Submission”). You agree that you own all rights in and to any Submission, or that you have obtained the necessary rights and/or permissions to make the Submission. Each Submission must comply with the Terms.
3. UNLAWFUL OR PROHIBITED USE
By using the Website, you agree to not use the Website for any unlawful purpose, or purpose prohibited by these Terms. You may not use this Website in a way that could impair, damage, overburden, or disable Berryworks’s network. Probing, scanning, or testing the vulnerability of Berryworks’s Website is not allowed. Additionally, you may not use hacking, password mining, or other methods to gain access to Berryworks’s services. Attempting to obtain information not intentionally made available to you on the Website is prohibited. Berryworks will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.
3.2 NO WAIVER
If these Terms are violated and Berryworks does not take immediate action, this does not mean that Berryworks has waived any rights. Berryworks may take action at any point in response to a violation.
4.1 RESERVATION OF RIGHTS
The Materials are protected by copyright, trademark, patent, and other applicable laws. No license or other rights are granted except as expressly stated in these Terms. Unless otherwise stated herein, you may use the Materials solely for informational and noncommercial purposes. Unless expressly authorized by Berryworks or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make derivative works of any Materials. You may not remove, alter, or obscure any proprietary notices on any Materials. Product descriptions are subject to change at Berryworks’s discretion.
If you are a member of the media and would like to inquire about using any Berryworks Materials, please contact info@Berryworks.ai.
5.1 MESSAGING PLATFORM
Berryworks offers an AI recruitment messaging platform that enables you to communicate with Berryworks and Berryworks clients via mobile technology (the “Platform”). You agree that your use of Platform services is subject to these Terms. By opting-in to or participating in any of our Platform services, you represent that you are the owner, or authorized user of the wireless device you use to receive messages, and that you are authorized to approve the applicable charges. In addition, you accept and agree to the Terms.
5.2 USER OPT-IN
5.3 USER OPT-OUT
If you do not wish to continue receiving messages or no longer agree to these Terms you agree to opt-out of the Platform services by replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT to any mobile message that you have received through the Platform. After sending an opt-out message you may receive an additional mobile message from the Platform confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting-out.
5.4 DUTY TO NOTIFY & INDEMNIFY
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Platform, including canceling your service plan or selling or transferring the phone number to another party, you agree that (prior to ending your use of the mobile telephone number) you will complete the user opt-out process set forth in Section 5.3. Furthermore, you understand and agree that your commitment to engage in the aforementioned opt-out process is a material part of these Terms. You further agree that, if you discontinue the use of your mobile telephone number without notifying Berryworks of such change you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Berryworks, or any party that assists Berryworks in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. The opt-out commitment described in this Section 5 shall survive any cancellation or termination of your agreement to participate in the Platform.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD BERRYWORKS HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY BERRYWORKS OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM BERRYWORKS ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
5.5 FREQUENCY & COST
Through the Platform you will receive automated and unique messages, the frequency of which will differ depending on your use of the Platform. When you use the Platform message and data rates may apply.
6. DMCA ENFORCEMENT
Berryworks strives to comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Berryworks will respond to notices of alleged infringement that comply with the DMCA and remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of users of the Website. To file a DMCA takedown notice, please contact us at info@Berryworks.ai.
7. BERRYWORKS SERVICE APIS
If APIs are available on the Website without a separate license agreement, Berryworks hereby grants you a non-exclusive, non-sublicensable, non-transferable limited license to use the APIs exclusively for the benefit of Berryworks clients. You assume all liability as a result of any use of the APIs. Berryworks makes no commitment to continued availability of APIs and you have no rights to version enhancement or support of any kind. Berryworks may revise or cease to provide APIs without notice at any time in Berryworks’s sole discretion. NOTWITHSTANDING THE FOREGOING, COPYING OR REPRODUCTION OF THE APIS FOR FURTHER REDISTRIBUTION IS EXPRESSLY PROHIBITED.
8. LINKS TO THIRD PARTY SITES
Berryworks is not responsible for any third-party content or linked websites provided on the Website. The provision of any link does not imply Berryworks’s endorsement of the website and is provided only as a convenience.
9. AGE RESTRICTION
By accepting these Terms through your use of the Website, you also certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use the Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Berryworks does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Website other than for browsing, and parents or legal guardians may not agree to these Terms on their behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Website, including the legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these Term, do not use this Website. All registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms.
10. DISCLAIMER OF WARRANTY
USE OF THE WEBSITE AND OF ANY MATERIALS ARE AT YOUR OWN RISK. ALL MATERIALS ARE PROVIDED “AS IS”, WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. BERRYWORKS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, BERRYWORKS MAKES NO WARRANTY OR GUARANTEE THAT THE WEBSITE OR ANY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THESE EXCLUSIONS OF WARRANTIES WILL APPLY TO YOU TO THE FULLEST EXTENT ALLOWED BY LAW.
11. LIMITATION OF LIABILITY
IN NO EVENT WILL BERRYWORKS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR USE OF THE MATERIALS, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE. THIS EXCLUSION AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF DATA, EVEN IF BERRYWORKS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, NO MATTER THE LEGAL THEORIES, AND WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
These Terms govern your use of the Website and, unless stated otherwise herein, constitute the entire legal agreement between you and Berryworks relating thereto. Berryworks reserves all rights not expressly granted under these Terms, including intellectual property rights, and no other rights are granted under these Terms by implication or estoppel or otherwise. Berryworks may update these Terms from time to time. Berryworks will change the Last Updated date at the top of these Terms when it does so. It is your responsibility to check these Terms regularly. Berryworks’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Berryworks. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of Arizona without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Maricopa County, Arizona. You acknowledge that Berryworks may apply for injunctive remedies in any jurisdiction. There are no third party beneficiary rights under these Terms.