Welcome to Berger Transfer & Storage, Inc.’s Website
Acceptance of Terms
Use of the Site
You are granted permission to access and use this Site and its Content (as defined below) for the sole purpose of evaluating and purchasing Services through the Site, or to access the login page for the applicable portal (e.g., customer, driver, employee, etc.). By accessing this Site and using any of our Services, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law.
We assume no liability or responsibility for any inaccuracies, errors or omissions in any Content. We also assume no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or the downloading of any materials, data, text or images from the Site.
You agree to use this Site and Services in a responsible manner that is in compliance with these Terms and your local laws and regulations, including export regulations.
You agree not to copy, sell, license, distribute, republish, upload, post, publicly display or perform, modify, make derivative works from, transmit or otherwise use the Content from any portion of the Site without our express written permission.
If you use any software made available to you on the Site, you may download such software onto your computer, mobile phone or tablet for your personal, non-commercial use only, provided you don’t delete or change any copyright, trademark or other proprietary notices. We retain full and complete title to the software and all associated intellectual property rights. You may not publish, transmit, retransmit, circulate, sell, resell, loan, lease, distribute or transfer the software or copies to third-party, nor reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the components of the software.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms without our prior written permission. Except as otherwise noted, the trademarks, logos, service marks, text, software, images and all other copyrightable materials displayed on the Site and available for use with the Services constitute intellectual property owned by us or which we have the right to use on the Site (the “Content”).
Other third-party product or service marks, trademarks, tradenames appearing on the Site belong to their respective owners. These trademarks may not be used or reproduced without the express written permission of the respective owner(s) of the marks.
Third-Party Information and Links to Other Websites
The Site and/or Services may contain products, services, content, information and links to and from third-party providers (such as advertisers and affiliates) and their websites (“Third-Party Information”) and are provided solely as a convenience to you, and should not be considered as an endorsement by us of the content on, or owners of, any such Third-Party Information. You should take precautions whenever you download files from any web sites to protect your computer from viruses or other destructive programs. If you decide to access third-party sites, whether or not through links provided on the Site, you do so at your own risk.
Submitting Materials to Us
If you create a user ID and password to access any user portal (e.g., customer, driver or employee) it is your responsibility to ensure that no unauthorized person shall have access to your user ID and password. We cannot and will not assume any responsibility or liability for any content submitted by you. You also agree to notify us as soon as possible of any real or suspected unauthorized access to your user account.
Limitation of Liability
Berger is not responsible or liable for any damages or injury that accompany or result from your use of its Sites. These include (but are not limited to) damages or injury caused by any use of (or inability to use) the Sites, use of (or inability to use) any site to which you hyperlink from our Sites; failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure; any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Site, Services or any Third-Party Information; (iii) personal injury or property damages; (iv) any unauthorized use of or access to the Site, the Services, any of our servers including, without limitation, any personal and/or financial information stored thereon; (v) any interruption or cessation of Services related to the Site or third-party sites; any viruses, worms, bugs or the like which may be transmitted to or from the Site or any third-party site; (vi) any loss or damage of any kind resulting from your use of, or inability to use, the Site or the Services made available through the Site or any act or omission by Berger, even if advised of the possibility of such damages.
Disclaimer of Warranties
The Site and the Services available via the Site are provided by use on an “AS IS” and “AS AVAILABLE” basis. Therefore, you understand that your use of the Site and the Services is at your sole risk. To the fullest extent permissible pursuant to applicable law, Berger and its subsidiaries and its and their officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Berger and its subsidiaries and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding any Content we provide including its availability, accuracy, spelling or grammar, or that your use or the results of your use of our Services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner. We shall be permitted from time to time to interrupt any Service in order to provide maintenance affecting that Service.
Jurisdiction and Governing Law
Unless otherwise noted in any applicable agreement, these Terms, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to these Terms or the provision of the Services offered via the Site will be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
General, Contact Information
We are not responsible for failure or delay of performance if caused by an act of war, hostility, pandemic, sabotage, acts of god, electrical, internet, or telecommunication outage that is not caused by us, government restrictions (including the denial or cancellation of any export or other license), or other events beyond our reasonable control.
All sections of these Terms which, by their nature, shall survive termination including the disclaimers of warranty and limitations of liability paragraphs.
Our mailing address is:
Berger Transfer & Storage, Inc.
2950 Long Lake Road
Roseville, MN 55113
Our email address is email@example.com.