Terms & Conditions
TERMS OF SERVICE
Last
updated September 13, 2022
TABLE
OF CONTENTS
2.
INTELLECTUAL PROPERTY RIGHTS
9. THIRD-PARTY
WEBSITE AND CONTENT
13.
MODIFICATIONS AND INTERRUPTIONS
21. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
These Terms of Service constitute a legally binding
agreement made between you, whether personally or on behalf of an entity
(“you”) and Ryan Berry (“we," “us," or “our”), concerning your access to and use of the http://www.ryansberry.com website as well as any other media form,
media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”). We are registered in
Ohio, United States, and have our registered office at 2150 W 117th St, Cleveland, OH 44111. You agree that by accessing
the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL
OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Service from time to time. We will
alert you about any changes by updating the “Last updated” date of these Terms
of Service, and you waive any right to receive specific notice of each such
change. Please ensure that you check the applicable Terms every time you use
our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to
have accepted, the changes in any revised Terms of Service by your continued
use of the Site after the date such revised Terms of Service are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any jurisdiction or country
where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other
locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
The
Site is intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Site.
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,
international copyright laws, and international conventions. The Content and
the Marks are provided on the Site “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Service, no part of
the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content
and the Marks.
By using the Site, you represent and warrant that: (1)
all registration information you submit will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the legal
capacity and you agree to comply with these Terms of Service; (4) you are not a
minor in the jurisdiction in which you reside; (5) you will not access the Site
through automated or non-human means, whether through a bot, script, or
otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have the right to suspend or
terminate your account and refuse any and all current
or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree
to keep your password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change a
username you select if we determine, in our sole discretion, that such username
is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other
than that for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
●
Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
●
Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
●
Circumvent,
disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the Content contained
therein.
●
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the Site.
●
Use any
information obtained from the Site in order to harass,
abuse, or harm another person.
●
Make
improper use of our support services or submit false reports of abuse or
misconduct.
●
Use the
Site in a manner inconsistent with any applicable laws or regulations.
●
Engage in
unauthorized framing of or linking to the Site.
●
Upload or
transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.
●
Engage in
any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and
extraction tools.
●
Delete
the copyright or other proprietary rights notice from any Content.
●
Attempt
to impersonate another user or person or use the username of another user.
●
Upload or
transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as “spyware”
or “passive collection mechanisms” or “pcms”).
●
Interfere
with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
●
Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
●
Attempt
to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.
●
Copy or
adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
●
Except as
permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
●
Except as
may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or other
software.
●
Use a
buying agent or purchasing agent to make purchases on the Site.
●
Make any
unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false pretenses.
●
Use the
Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or
commercial enterprise.
You agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site
and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We may provide you areas on the Site to leave reviews or
ratings. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, gender,
national origin, age, marital status, sexual orientation, or disability; (4)
your reviews should not contain references to illegal activity; (5) you should
not be affiliated with competitors if posting negative reviews; (6) you should
not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole
discretion. We have absolutely no obligation to screen reviews or to delete
reviews, even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or the
views of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the Site
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your
Submissions.
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from the Site,
including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these Terms of
Service no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you
navigate from the Site or relating to any applications you use or install from
the Site. Any purchases you make through Third-Party Websites will be through
other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and
the applicable third party. You agree and acknowledge that we do not endorse
the products or services offered on Third-Party Websites and you shall hold us
harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or
harm caused to you relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1)
monitor the Site for violations of these Terms of Service; (2) take appropriate
legal action against anyone who, in our sole discretion, violates the law or
these Terms of Service, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review
our Privacy Policy: https://ryansberry.com/privacy-1. By using the Site, you agree to be bound by
our Privacy Policy, which is incorporated into these Terms of Service. Please
be advised the Site is hosted in the United States. If you access the Site from
any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws
in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you agree to have your data
transferred to and processed in the United States.
These Terms of Service shall remain in full force and
effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE
TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR
SOLE DISCRETION.
If we terminate or suspend your account for any reason,
you are prohibited from registering and creating a new account under your name,
a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending
your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion
without notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of the
Site without notice at any time. We will not be liable to you or any third party
for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be
available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site at any time or for
any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Service will be construed to obligate us to maintain
and support the Site or to supply any corrections, updates, or releases in
connection therewith.
These Terms of Service and your use of the Site are
governed by and construed in accordance with the laws of the State of Ohio
applicable to agreements made and to be entirely performed within the State of
Ohio, without regard to its conflict of law principles.
Informal
Negotiations
To expedite resolution and control the cost of any
dispute, controversy, or claim related to these Terms of Service (each
"Dispute" and collectively, the “Disputes”) brought by either you or
us (individually, a “Party” and collectively, the “Parties”), the Parties agree
to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before initiating the
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.
Binding
Arbitration
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved through binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association
("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website: www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by the AAA
Consumer Rules. The arbitration may be conducted in person, through the
submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement
of reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do
so. Except where otherwise required by the applicable AAA rules or applicable
law, the arbitration will take place in Cuyahoga County, Ohio. Except as
otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather
than arbitration, the Dispute shall be commenced or prosecuted in the state and
federal courts located in Cuyahoga County, Ohio, and the Parties hereby consent
to, and waive all defenses of lack of personal jurisdiction,
and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and the
Uniform Computer Information Transaction Act (UCITA) is excluded from these
Terms of Service.
In no event shall any Dispute brought by either Party
related in any way to the Site be commenced more than one (1) year after the
cause of action arose. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable, and such
Dispute shall be decided by a court of competent jurisdiction within the courts
listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited
to the Dispute between the Parties individually. To the full extent permitted
by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative capacity
on behalf of the general public or any other persons.
Exceptions
to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party will
elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that
court.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING
LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE
OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our respective officers,
agents, partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) use of the Site; (2) breach of
these Terms of Service; (3) any breach of your representations and warranties
set forth in these Terms of Service; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (5)
any overt harmful act toward any other user of the Site with whom you connected
via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action,
or proceeding which is subject to this indemnification upon becoming aware of
it.
We will maintain certain data that you transmit to the
Site for the purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we
shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or
corruption of such data.
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via
email, and on the Site, satisfy any legal requirement that such communication
is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing at 1625
North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
These Terms of Service and any policies or operating
rules posted by us on the Site or in respect to the Site constitute the entire
agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Terms of Service shall not operate as a
waiver of such right or provision. These Terms of Service operate
to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We
shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part
of a provision of these Terms of Service is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Service and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us
as a result of these Terms of Service or use of the Site. You agree that these
Terms of Service will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses
you may have based on the electronic form of these Terms of Service and the
lack of signing by the parties hereto to execute these Terms of Service.
In order to resolve a complaint regarding the Site or to receive
further information regarding the use of the Site, please contact us at:
Ryan
Berry
2150 W 117th St
Cleveland, OH 44111
United States
Copyright 2022 RyanSBerry.com All rights reserved