! Terms Of Use

These Terms and Conditions of Use expressly incorporate by reference and include the BERGER-DESIGN.COM PRIVACY POLICY and any other guidelines, rules or disclaimers that may be posted or updated on specific web pages herein or on any notice sent to you.

When entering berger-design.com (the "Site), you agree to the following Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, please do not use this Site. Bergér Design reserves the right, at our complete discretion, to change, modify, add, or remove portions of this policy at any time. We encourage you to review these Terms and Conditions of Use from time to time because any changes are binding on you:

1. You must be of legal drinking age to use this Site.

2. Material from this Site may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Bergér Design. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of Bergér Design. Material on this Site is provided for lawful purposes only.

3. UNDER NO CIRCUMSTANCES SHALL BERGÉR DESIGN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS SITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMACE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, BERGÉR DESIGN DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BERGÉR DESIGN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT BERGÉR DESIGN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

4. All remarks, suggestions, ideas, creative concepts, graphics, or other information communicated through this Site or otherwise sent to Bergér Design, including without limitation, product or advertising ideas, (collectively, the Submission) will forever be the exclusive property of Bergér Design, who will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. Without limitation, Bergér Design will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature anywhere, including the right to use, reproduce, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display such Submission. You agree not to submit any infringing, unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct, or material containing spam or advertising content. You acknowledge that you are responsible for whatever Submission you send, and you, not Bergér Design, have full responsibility for the message, including its legality, reliability, and originality. By submitting content to this Site you agree that Bergér Design has the right to remove and delete postings for any reason whatsoever, or for no reason at all. Bergér Design reserves the right to filter all posts and submissions from individuals who display persistent behavior contrary to the Terms and Conditions of Use governing use of this Site.

5. COMPLIANCE WITH DIGITAL MILLENNIUM COPYRIGHT ACT.
It is our policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below:

a. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.

b. A statement that this person is authorized to act on behalf of the copyright owner.

c. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law;

d. A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the site; and

e. Your address, telephone number, and e-mail address.

Send the notification to: contact@berger-design.com

We will process and investigate all notices of alleged infringement as required, and will remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who has posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any material. We will terminate access to those users who are repeat infringers.

6. This Site contains links to other Internet sites and resources. Bergér Design is not responsible for the availability of external sites or resources linked to this Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Bergér Design. Because Bergér Design is not responsible for the availability of these outside resources or their content, you should review the Terms and Conditions of Use of these linked sites, as their policies may differ from ours. You should direct any concerns regarding any external link to its site administrator or Webmaster.

7. This site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in these Terms and Conditions of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms and Conditions of Use), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials or Site in whole or in part.
You may download one copy of the Site for your personal, noncommercial use only, but not for the purpose of reproducing or posting the Content anywhere on the Internet, provided that User maintains all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Bergér Design or the copyright holder identified in the individual Content's proprietary notices including copyright notice.

! Privacy Policy

Thank you for visiting berger-design.com (the "Site"). Below is our privacy policy governing our use of information gathered about you ("Information").
By using this Site, you signify your assent to our Privacy Policy. If you do not agree to our Privacy Policy, please do not use this site. Bergér Design reserves the right, at our complete discretion, to change, modify, add, or remove portions of this policy at any time. Please check back periodically for any changes we may make to the policy. Your continued use of this site following the posting of changes to these Terms and Conditions of Use will mean you accept these changes.

INFORMATION WE COLLECT
For each visit to our Web page, our Web server automatically recognizes only the con-sumer's domain name, but not the e-mail address (where possible). berger-design.com does use "cookies". Cookies are pieces of Information passed by the website to your server. Personal Information is not stored in berger-design.com cookies, however we offer many features that are available only with their use. The gathered Information includes the type of browser you are using (such as Netscape Navigator or Microsoft Internet Explorer, Safari) and the operating system your computer is using (such as Windows 98 or Mac OS). berger-design.com's Internet servers also keep track of the number of visitors to the site, the pages they visited and how long they stayed. None of this information includes any personal Information about you. If you do not accept the use of cookies you can erase cookies from your computer, block cookies or choose to receive a warning before a cookie is stored on your computer. You do this by changing your browser settings. Please look at your browser help menu. If you choose to turn cookies off, certain parts of the Site will be unusable and will not function correctly. Bergér Design will not know personally identifiable Information about you unless you voluntarily submit or e-mail such information to Bergér Design. We also capture any other information volunteered by the consumer - such as the e-mail address, survey information, and/or site registration.

OUR USE OF YOUR INFORMATION
The information we collect is stored in our databases and is used to improve the content of our Web page, and to contact users for our research, for marketing purposes and for up-dating of our databases. Bergér Design does not obtain personal Information about you other than that which you choose to provide, and except as noted below, we will not sell, rent, trade or otherwise disclose the personal information you provide to anyone outside of Bergér Design.

SECURITY
Bergér Design uses a variety of standard protections to maintain the security of your online session. Although the Site has security measures in place to protect against the loss, misuse and alteration of Information under our control, we cannot guarantee that such security measures will be sufficient, will not be breached, and that your Information may not be disclosed or otherwise accessed in any unauthorized manner. Certain Information may be transmitted to you by electronic mail. Although it may be illegal to intercept or disclose these messages, these transmissions are not secured.

LINKED INTERNET WEB SITES
The Site may provide hypertext links to other web sites that may contain privacy provisions that are different from those provided herein. Bergér Design is not responsible for the collection, use or disclosure of information collected through those web sites, and Bergér Design expressly disclaims any and all liability related to such collection, use or disclosure. You are encouraged to read the privacy policies of web sites reached through the use of links from the Site.

HOW TO GET IN TOUCH
If you have any questions or complaints about our Site, our Privacy Policy, or the Information we collect, please contact us at contact@berger-design.com