These Terms of Service (“Terms”) are a contract between you and Berkman LLC (“Berkman”, “we”, or “us”). They govern your use of berkmanletter.com, services, and content (“Services”).
By using our Services, you agree to these Terms. If you do not agree, then you are not permitted to use the Services.
We can change these Terms at any time. By using the Services on or after that effective date, you agree to the new Terms.
We reserve all rights in the Service’s look and feel. Some parts are licensed under third-party open source licenses. You may not copy or adapt any portion of our content, design, or technology without express written permission from Berkman unless otherwise permitted by law.
Using the Services or visiting the site, you agree that the following are strictly prohibited and you will not:
You further agree not to load, store, distribute, or publish any content that is or could be construed to be:
Crawling the Services is allowed if done in accordance with the provisions of our robots.txt file, but scraping the Services is prohibited.
We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.
Our Services are only for users over the age of 13. If you are under 13, you may not use the Services.
Disclaimer of warranty. Berkman provides the Services to you as is. You use them at your own risk and discretion. There is no warranty of any kind, neither express, nor implied. There is no implied warranty of merchantability, fitness for a particular purpose, availability, security, title or non-infringement.
Limitation of Liability. Berkman will not be liable to you for any damages that arise from your using the Services. This includes if the Services are hacked or unavailable. This includes all types of damages (indirect, incidental, consequential, special or exemplary). And it includes all kinds of legal claims, such as breach of contract, breach of warranty, tort, infringement of intellectual property, or any other loss.
No waiver. If Berkman does not exercise a particular right under these Terms, we do not waive that right.
Severability. If any provision of these terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
Choice of law and jurisdiction. These Terms are governed by Oregon law, without reference to its conflict of laws provisions. You agree that any suit arising from the Services must take place in a court located in Portland, Oregon.
Entire agreement. These Terms (including any document incorporated by reference into them) are the whole agreement between Berkman and you concerning the Services.