Apple N Berry, LLC Website User Agreement to Terms of Service
Welcome! You may use the Web site, services, content, technologies and applications of Apple N Berry, LLC.com (the "Website") only on the condition that you abide by the following terms.
BY USING THE WEBSITE AND/OR BY REGISTERING TO OPEN AN ACCOUNT WITH US OR USING GUEST CHECKOUT, YOU SIGNIFY YOUR AGREEMENT TO THE FOLLOWING TERMS ("SITE TERMS").
1. About The Site Terms
The Website is a service made available by Apple n Berry and its affiliates (“Apple N Berry, LLC", "we" or "us"). The Site Terms have the same effect as an agreement in writing and govern your use of the Website. If you do not agree to the Site Terms, please do not use the Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using Apple N Berry, LLC before the changes take effect. Your continued use of Apple N Berry, LLC after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into the Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms, by clicking on the "Terms" link at www.applenberry.com. The Site Terms may be supplemented by additional terms and conditions applicable to privacy, specific areas of this Website, or to particular content or transactions are posted in particular areas of the site and, together with these Site Terms, govern your use of those areas, content, or transactions.
2. About the Website
The Website gives users the ability to sell, buy, and repair certain cellular phone and smartphone devices and parts thereof (collectively, the "Product") subject to these Site Terms. You agree that all transactions will be performed electronically and that the terms of any offer to sell, buy, and repair any Product will be governed by Apple N Berry, LLC’s Terms of Sale Agreement and Purchase Agreement located at http://www.applenberry.com/terms-of-service. We may, in our sole discretion, change or discontinue any or all aspects of the Website at any time, without notice, and without liability to you.
3. Registration
Registration is not required to visit the Website; however, you will need to register with us and create an account or use Guess Checkout if you desire to use all of the Website’s services and features or to complete a transaction with us. If you register to open an account, you agree to provide accurate, complete registration information. You must be legally capable to enter into contracts. It is your responsibility to make any updates to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. We do not permit any other person using the registered sections under your name. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you should notify Apple N Berry, LLC immediately by emailing admin@applenberry.com.
4. Ownership
The Website contains information, content or advertisements text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (collectively, the "Content") that are protected by copyrights, trademarks, service marks, trade dress, patents or other intellectual or proprietary rights owned by Apple N Berry, LLC or other third parties. All trademarks and copyrighted information contained on the Website are the property of their respective owners. Further, Apple N Berry, LLC retains all rights (including intellectual property rights), title and interest in the Website, technology, and all underlying technology and data including any enhancements, software, applications and improvements related to the Website (the "Technology")(the terms Content and Technology collectively will be referred to as the "Materials"). You may not remove from any electronic or printed copy any copyright, trademark, or other proprietary notice.
5. Use of Website and Materials
Apple N Berry, LLC provides the Website and the Materials for your individual, non-commercial use and solely for the purpose of carrying out individual transactions with the Website. Any other use of the Website or the Materials is strictly prohibited. You may not, either directly or indirectly:
- Modify, republish, redistribute, delete, resell, sublicense, publicly perform, cache by proxy the Website or Materials without the express written permission of Apple N Berry, LLC or the applicable rights holder;
- Use the Materials for telemarketing, direct marketing, and commercial mass e-mail or by agents or representatives or e-mail spammers;
- Reverse engineer, decompile, disassemble, merge, copy, use, disclose, rent, lease, loan, sell, sublicense or transfer the underlying source code or structure or sequence of the Technology or delete or alter author attributes or copyright notices;
- Use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users;
- Reformat or frame any portion of the Website or Materials;
- Use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
- Allow others to use the Website under or through your account login ID/email and password;
- Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- Violate the Site Terms, applicable law or the rights of others; or Disrupt or interfere with the security of, or otherwise cause harm to, the Website.
Any permitted use of the Website does not extend to using the Website or Materials for any illegal purpose, or to transmit to or through the Website or to or through any service any illegal, harmful, threatening, defamatory, obscene, hateful, pornographic or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Website or Materials.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
6. License
By using the Website, uploading content to or submitting any materials for use on the Website, you grant (or warrant that the owner of such rights has expressly granted Apple N Berry, LLC a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials and/or information generated through use of the Website or incorporate such materials and/or information generated through use of the Website into any form, medium, or technology now known or later developed throughout the universe. We need these rights to host and display your content.
7. Automated Activity
The Website may use robot exclusion methods, which include robots.txt files and HTML meta tags, that expressly allow and/or exclude specified automated programs from accessing certain portions of the Website. Much of the information on the Website is updated on a real time basis and is proprietary or is licensed to Apple N Berry, LLC by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose, including but not limited to performing "offline" searches and mirroring, without our express written permission as indicated in the then current robots.txt file or HTML meta tags on the Website. Additionally, you agree that you will not bypass our robot exclusion methods or other measures we may use to prevent or restrict access to the Website.
8. Linking
You may provide links only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Apple N Berry, LLC notice of such link by sending an e-mail to admin@Apple N Berry, LLC.com and (c) you discontinue providing links to this Website if requested by Apple N Berry, LLC. If you wish to provide links to a section within the Website, you should forward your request to Apple N Berry, LLC at admin@Apple N Berry, LLC.com and Apple N Berry, LLC will notify you if, within its sole and unfettered discretion, permission is granted, and, if so, the terms and conditions of the permission.
9. Apple N Berry, LLC Platform Sites: Apple N Berry, LLC
Apple N Berry, LLC offers the option of creating a distinct website to use Apple N Berry, LLC’s services to assist in fundraising. The website, referred to herein as a "Page", will be hosted by Apple N Berry, LLC and shall have its own independent URL and will be individually designed by the fundraiser or a third party at the fundraiser’s direction. The Page will incorporate Apple N Berry, LLC’s service requirements permitting a fundraiser to offer Apple N Berry, LLC’s services, pursuant to the Terms of Sale Agreement posted on this Site, to persons looking to donate. The terms and conditions in this section, together with additional terms and conditions applicable to the use of this site, privacy concerns, the terms of sale, or to particular content or transactions that are posted in particular areas of the site, shall govern your use of your Page.
Establishing a Page; Qualifications: Any Registered User at Apple N Berry, LLC.com may establish a Page. The Page is to be used for fundraising purposes only. Apple N Berry, LLC will make no determination of a party’s eligibility to act as a fundraiser or the cause(s) which you fundraise for. You acknowledge that Apple N Berry, LLC does not prescreen fundraisers, but that Apple N Berry, LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any fundraiser and the related Page(s). Without limiting the foregoing, Apple N Berry, LLC and its designees shall have the right, without notice, to remove any Page or fundraiser that violates these Site Terms, is illegal, or is otherwise objectionable as determined in Apple N Berry, LLC's sole discretion.
Required Page Content: Each Page is required to incorporate into its design Apple N Berry, LLC’s logo together with the Product Calculator Tool and other requirements Apple N Berry, LLC deems necessary to complete a transaction. In addition, each Page is required to post these Terms together with the Apple N Berry, LLC Privacy Policy and Apple N Berry, LLC’s Terms of Sale Agreement. Each Fundraiser is required to identify themselves together with their name(s) and address of the party that they have directed Apple N Berry, LLC to pay.
Content Ownership: With the exception of the Required Page Content, Apple N Berry, LLC does not claim ownership of content you place on your Page. By submitting Content to Apple N Berry, LLC for inclusion on Page, you grant Apple N Berry, LLC and its successors and assignees, the worldwide, royalty-free, and nonexclusive license under your copyrights and other intellectual property rights, if any, in all material and content displayed in your Page to use, distribute, display, reproduce, and create derivative works from such material in any and all media and display in any manner and on any Apple N Berry, LLC property the results of search queries and comparisons conducted on Apple N Berry, LLC. You also grant Apple N Berry, LLC the right to maintain such content on Apple N Berry, LLC's servers during the term of these Terms and to authorize the downloading and printing of such material, or any portion thereof, by end-users for their personal use. You acknowledge that Apple N Berry, LLC does not prescreen Content, but that Apple N Berry, LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content on your Page. Without limiting the foregoing, Apple N Berry, LLC and its designees shall have the right, without notice, to remove any Content that violates these Terms, is illegal, or is otherwise objectionable as determined in Apple N Berry, LLC's sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Fundraiser Representations: Each fundraiser creating and designing a Page hereby represents that they own or have been authorized to use any and all content placed on the Page. Each fundraiser acknowledges that Apple N Berry, LLC reserves the right to remove any Page or selected material from a Page if Apple N Berry, LLC determines or is notified that any content placed on a Page is in violation of this representation.
Donating an Item: You agree that you must evaluate, and bear all risks associated with, the use of any Page, including without limitation, any decision to donate an item based upon representation of parties other than Apple N Berry, LLC made on a Page. You acknowledge that you have identified the party that Apple N Berry, LLC has been directed to pay any funds over to (as identified on the Page) and you have decided, without any representations or assurances implied or otherwise, to donate to the fundraiser. You agree with the Terms of Sale Agreement and understand that instead of paying you, Apple N Berry, LLC will pay the party identified on the Page.
Notifications: If you believe there has been any unauthorized use, whether the posting of unauthorized content, the establishing of an unauthorized Page, or a Page in violation of these terms, you should notify Apple N Berry, LLC immediately by emailing admin@Apple N Berry, LLC.com, or sending a letter to WEBMASTER, Apple N Berry, LLC, 339 14th Street, CA 94612.
10. Representations
You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law and (d) your use of the Website and any transactions that you make with us will not violate the rights of any third party.
11. Disclaimer
Apple N Berry, LLC makes every effort to ensure the information presented in, on or through its Website is accurate, however, because Apple N Berry, LLC communicates information provided and created by advertisers, software developers, publishers, marketing agents, resellers and other third parties, Apple N Berry, LLC has no control over the accuracy of such information, and makes no guarantee as to such information, and is not responsible for the information, including its accuracy, currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
12. Warranty, Liability, Indemnification
Apple N Berry, LLC makes no representations regarding the availability and performance of its Website. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Apple N Berry, LLC shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
THE WEBSITE AND MATERIALS ARE PROVIDED BY APPLE N BERRY, LLC ON AN "AS IS" BASIS AND AS AVAILABLE, WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. APPLE N BERRY, LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. WE MAKE NO REPRESENTATIONS THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THE RESULTS THAT YOU MAY GAIN FROM YOUR USE OF THE WEBSITE.
IN NO EVENT SHALL APPLE N BERRY, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. APPLE N BERRY, LLC SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.
APPLE N BERRY, LLC DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR THEIR HARMFUL COMPONENTS. APPLE N BERRY, LLC'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY APPLE N BERRY, LLC SHALL BE CANCELLATION OF YOUR ACCOUNT.
13. Indemnity
You agree to indemnify, defend, and hold harmless Apple N Berry, LLC, its parent, subsidiaries, affiliates, officers, directors, employees, agents, representatives, vendors and distributors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation or breach of any representation or obligation under these Site Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
14. Privacy
We view protection of users' privacy as a very important community principle. When you open an account and use the Website, we collect information about you. You agree that we may collect and use your information in accordance with the Apple N Berry, LLC Privacy Policy, which you can review by going to http://www.applenberry.com/privacy. If you object to your information being transferred or used in this way please do not use our services.
15. Electronic Notices and Transactions
You agree to transact with us electronically. This means you agree to accept and terms and conditions and to transact any sale, recycling or repair of your Product with us by electronic means. You authorize us to send you important notices about the Website and any pending transactions to an email address you provide to us, if you are a registered account holder or, in the alternative, by posting a notice on the Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Website. You can retrieve and review these Site Terms at any time by visiting http://www.applenberry.com/terms-of-service.
16. Access
You are responsible for obtaining at your own expense all equipment and services needed to access and use the Website, including all devices, Internet browsers and Internet access. If you access the Website or a Website application through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other wireless access or communications services.
17. Notice Regarding Technology
Our Technology, including any software or applications we provide to you, is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software with only those rights set forth herein.
Your use of the Website must comply with all applicable laws in the territory in which you access and use the Website, including without limitation, all import and export control laws and regulations of the United States and other countries. You must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to the Website that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.
18. Miscellaneous
Apple N Berry, LLC reserves the right to investigate complaints or reported violations of the Site Terms and to take any action Apple N Berry, LLC deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e- mail addresses, usage history, posted materials, IP addresses and traffic information. Apple N Berry, LLC reserves the right to seek all remedies available at law and in equity for violations of these Site Terms, including but not limited to the right to block access from a particular Internet address to any Apple N Berry, LLC website. These incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Site Terms is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. THESE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN ALAMEDA COUNTY, CALIFORNIA, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS. The obligations in Sections 5 through 8, 11 through 16, 18 and 19 shall survive termination of these Site Terms.
Last Updated: March 10, 2012