TERMS OF SERVICE

Berqun provides its service (”Service”) to you, subject to the following Terms of Service and Conditions (”ToSC”). The ToSC tell you what you can expect from the Service, and what Berqun expects of you. Berqun may amend the ToSC at any time by posting an amended ToSC on our website.

You must register for a membership in order to access the Service. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or Berqun has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, Berqun has the right to suspend or terminate your membership and access to the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You will enter a password and login name during the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify Berqun of any unauthorized use of your membership or any other breach of security.

Berqun will charge fees to access certain components of the Service. Your payment fee to access a component of the Service, this information will be posted by Berqun on the Service. You may use a credit card to pay these fees. When you use a credit card for payment, you represent to Berqun that you are the authorized card holder. For recurring fees, Berqun will charge your credit card each month. For one-time fees, Berqun will charge your credit card once. Berqun reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may cancel your membership, but Berqun will not refund any fees that may have accrued to your membership before you cancel it. Berqun may also charge you for any sales or use taxes to which the Service is subject.

You agree that you will not: impersonate any person, including a Berqun employee or agent on the Service; violate any local, state, or national law through or on the Service; harass people through or on the Service; collect or store data about other people using the Service; use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; use the Service in any manner other than as expressly authorized in the ToSC; reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

The license granted in these ToSC does not constitute a transfer or sale of Berqun’s ownership rights in the Berqun Database. Berqun retains all right, title, and interest in and to the Berqun Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the Berqun Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the Berqun Database, or your rights and obligations pursuant to the ToSC. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the Berqun Database, unless expressly authorized in the ToSC.

By registering, installing, and accepting these ToSC you represent to Berqun that you are at least 13 years old. Berqun’s policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any of Berqun’s products and services unless under the guidance, supervision and consent of their parents, guardians and/or authorized school officials. We rely on parents and guardians to ensure minors only use Berqun products and services if they can understand their rights and responsibilities as stated in this ToSC and our Privacy Policy.

For teachers or parents, if you want children under the age of 13 to create their own Berqun accounts, then you (or your school) assume the responsibility for complying with the Children's Online Privacy Protection Act and, to the extent applicable, The Family Educational Rights and Privacy Act. This means you must notify childrens’ parents/guardians of the information to be collected and obtain parental/guardian consent before collecting and sharing with the Berqun products and services the personal information of children under the age of 13 in order to establish an account or use the Berqun products and service. Teachers may, under appropriate, circumstances provide such consent on behalf of parents/guardians.

Certain registration information and other information about you may be collected by Berqun and through the Service. Berqun’s use of this information is governed by the Berqun Privacy Policy.

You represent and warrant to Berqun: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to Berqun; and (c) you will pay all charges that you incur at Berqun’s then-current rates.

You will indemnify and hold Berqun, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your violation of the ToSC, or your violation of any rights of a third party.

Berqun reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. Berqun will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service

You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with Berqun. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of the ToSC or Berqun’s enforcement or application of the ToSC; (b) any policy or practice of Berqun, including the Privacy Policy, or Berqun’s enforcement or application of these policies; (c) the data available through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees, surcharges, applicable taxes, and any Berqun billing methods. Berqun, in its sole discretion, may terminate your membership and remove and discard any of your Recommendations without notice if Berqun believes that you have violated or acted inconsistently with the ToSC. Berqun will not be liable to you for termination of your membership to the Service. Sections 6, 7, 8, 10, 11, 12, 16, and 17 will survive the termination of the ToSC and your membership.

The Service may provide links to third party web sites. Berqun has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. Berqun will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Berqun EXPRESSLY DISCLAIMS 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 RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Berqun OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE ToSC. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Berqun WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Berqun HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL Berqun’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO Berqun IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE ToSC. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Berqun, the Berqun logo, and other Berqun logos, products and service names are trademarks of Berqun. You must not display or use them in any manner.

Any legal controversy or legal claim arising out of or relating to the ToSC or the Service, excluding legal action taken by Berqun to collect fees or recover damages for, or obtain an injunction relating to, Berqun’s intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or Berqun may seek any interim or preliminary relief from a court of competent jurisdiction in King County, Washington necessary to protect the rights or property of you or Berqun pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.

Berqun may provide notices to you pursuant to the ToSC through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The ToSC constitutes the entire agreement between you and Berqun and governs your use of the Service, superseding any prior agreements between you and Berqun. You also may be subject to additional terms and conditions that may apply when you use other Berqun products or services. The ToSC and the relationship between you and Berqun will be governed by the laws of the State of Washington, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in King County, Washington. The failure of Berqun to exercise or enforce any right or provision of the ToSC will not constitute a waiver of the right or provision. If any provision of the ToSC is found to be invalid, the other provisions of the ToSC will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the ToSC must be filed within one (1) year after the claim or cause of action arose or be forever barred.