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.
Content rights & responsibilities
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:
- Access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers;
- Access or search the Services by any means other than the ways we provide;
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
- Interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.
- Violate any law, regulation, or other provision having the force of law, either intentionally or unintentionally;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; I
- Infringe or misappropriate the intellectual property rights of others;
- Violate privacy, publicity, or other personal rights of others; or
- Falsify the origin of an email, either by forging the sender's address or email header, or otherwise.
You further agree not to load, store, distribute, or publish any content that is or could be construed to be:
- Of an adult nature, pornographic, or harmful to minors;
- Contains the images of children or disclose personally identifiable information belonging to children;
- Is unlawful, harmful, vulgar, obscene, threatening, abusive, harassing, tortious, unlawful, libelous; and/or
- Contains viruses, worms, so-called trojan horses, or other destructive codes, files, or programs, or information regarding the creation of such material.
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.
Incorporated rules and policies
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.