Terms of Use

PLEASE READ EACH TIME YOU VISIT THIS WEBSITE BECAUSE THESE POLICIES MAY CHANGE WITHOUT NOTICE.

WHEN YOU USE THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY. UNLESS YOU READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO ACCESS TO THIS SITE.

IF YOU ARE UNDER 13 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO USE THIS WEBSITE. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. THE PRIVACY POLICY, WHICH YOU ACCEPT WHEN YOU VIEW THIS WEBSITE, ALLOWS THIS SITE TO COLLECT AND STORE DATA AND INFORMATION ABOUT YOU.

I. PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The Website and its owners and/or operators are parties to this agreement, herein referred to as “Website,” “Site” and/or “Seller.”

II. LICENSE TO GRANT

Seller grants Visitors a limited, revocable, non-exclusive, non-transferrable, non-commercial license to access and use the Website for personal use, on the condition that visitors continue to accept and comply with the Terms of Use. Seller reserves the rights to exclude, restrict, or suspend any Visitor’s access to the Site and to terminate this license at any time, for any reason.

III. RESTRICTIONS

Visitor may not modify, translate, copy, distribute, market, display, any proprietary information from this Website unless specifically allowed in these Terms of Use or in the Seller’s prior written consent. Visitor may not use the Website for any illegal purpose or activity. Visitor may not interfere with the Website’s functionality by the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or the like.

IV. USE OF INFORMATION FROM THIS WEBSITE

Visitors must have a written contract with this Website to to use information from this Website in a commercial or public setting. Otherwise, Visitors have no right to broadcast, copy, save, print, sell, or publish any portions of this Website. Visitors agree and acknowledge that any unauthorized use is of this Website is unlawful and may be subject to civil or criminal penalties. Visitors have no right to use the content, databases, invisible pages, linked pages, underlying code, or other intellectual property on this Website. Visitor warrants that he or she accepts this provision as a condition to use this Website.

V. OWNERSHIP OF WEBSITE CONTENTS

The Website owns the contents of the Website. Website contents are proprietary and copyrighted. This Website’s content may not be used without express contract or permission of the Website.

VI. DISCLAIMER FOR CONTENTS OF SITE

This Website disclaims any responsibility for the accuracy, completeness, or reliability of the content of this Website. Visitors assume all risk of viewing, reading, using, or relying upon this information. This Website does not represent or warrant that the quality of its products, services, or information will meet Visitor’s expectations. All warranties expressed or implied are disclaimed to the fullest extent permitted by law including, but not limited to, any warranty of fitness for a particular purpose or non-infringement of intellectual property.

VII. DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE

This Website assumes no responsibility for damage to Visitor’s computers or software caused by corrupted code or data that is inadvertently passed to the Visitor’s computer.

VIII. DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

This Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

IX. LIMITATION OF LIABILITY

Visitor forever waives all right to claims against Seller for any damage from using this Website, whether physical or emotional, foreseeable or unforeseeable, or personal or business in nature.

X. INDEMNIFICATION

Visitor agrees to defend, indemnify, and hold this Website, its services, and its products, harmless from all claims related to use of this Website, including reasonable attorneys’ fees and costs.

XI. SUBMISSIONS

Visitor agrees that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website without additional consideration of any kind.

XII. NOTICE

Seller reserves the right to revise these Terms of Use at any time and without notice to Visitors.

XIII. DISPUTES

As part of the consideration to use this Website, Visitor agrees to use the American Arbitration Association (AAA) for binding arbitration, by a single impartial arbitrator, for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) that may result from the purchase of any service or product.

Arbitration shall be conducted according to the AAA rules in effect on the date a dispute is submitted. Information about the AAA, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Any hearing shall take place in the city or county of the Seller.

No Visitor shall have the right to go to court or have a jury trial. No Visitor shall have the right to pre-trial discovery except as provided in the rules. No Visitor shall have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration. The arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any costs associated with the arbitration, including attorneys’ fees, collection fees, investigation fees, and travel expenses.

XIV. JURISDICTION AND VENUE

Visitor agrees the sole and proper jurisdiction for any matter about a purchase from this Website – brought before a court of law, pre- or post-arbitration – will be in Kalispell, Montana, USA. If litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address. Visitor agrees to unconditionally submit to the exclusive jurisdiction and venue of such courts. Each party waives all rights to trial by jury in any legal proceeding related to the Terms of Use. This Website reserves all rights and remedies available to it with respect to any matter related to these Terms of Use.

XV. APPLICABLE LAW

Visitor agrees that the applicable law shall, in all cases, be that of the state of the Seller, without regard to the choice of law principles.

XVI. SEVERABILITY AND WAIVER

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provisions shall be enforced to the fullest extent permissible by law, and all other provisions shall remain in full force and effect. The failure to use or exercise any right or provision in these Terms of Use shall not be deemed a waiver of such right or provision.

XVII. COMPLETE AGREEMENT

The Terms of Use, including any revision thereto, the Privacy Policy, and any additional terms or conditions incorporated by reference, constitute the entire agreement between Visitor and this Website and supersedes any prior written or oral communication regarding use of this Website.

Seller makes no claims regarding access or use of the Site or its content outside the United States. Visitors who access this Website from another jurisdiction will be responsible to comply with the laws and regulations of that jurisdiction in addition to these Terms of Use.

XVIII. DISCLAIMER

The contents of this Website are based upon the opinions of Dr. Ed Berry unless otherwise noted. Individual articles are based upon the opinions of the respective author, who retains copyright as marked. Information on this Website is not intended as legal advice, financial advice, medical advice, or health advice. Information on this Website is intended as a sharing of knowledge and information from the research and experience of Dr. Ed Berry and his community.

Content on this Website may be copied in full, with copyright, contact, creation, and information intact, without specific permission, when used only in a not-for-profit format. Any other use requires the permission in writing from Dr. Ed Berry.

XIX. CONTACT INFORMATION

  • Edwin X Berry, Ph.D.
  • Ed Berry LLC
  • 439 Grand Dr #147
  • Bigfork, MT 59911, USA
  • 1-406-471-1464
  • ed@edberry.com