By accessing and/or using this site you evidence your approval and acceptance of the following terms:
OWNERSHIP AND COPYRIGHT
All materials; including designs, images, written content, code and scripts, contained in this site are the copyrighted property of the Birch Group, LLC (hereinafter “Birch Group”), subsidiaries, independent writers, photographers and affiliated companies or providers (the “Related Parties”) and/or licensors (the “Licensors”).
The entire body of content of this website is copyright protected and owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, content, appearance and graphics. Reproduction – either manual, electronic or otherwise – is strictly prohibited. No part of the content of this website shall be used in any form elsewhere without prior written consent by us.
INTERACTIVE MATERIAL: BLOGS, DISCUSSION FORUMS, EMAIL
Birch Group reserves the right, at its sole discretion, to review, edit or delete any material posted by users that Birch Group deems defamatory, unlawful, threatening, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
If you participate in message boards, blogs or other forums within the website, you agree not to:
NOTWITHSTANDING THE FOREGOING, BIRCH GROUP EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY OR ACTIONS TAKEN BY THIRD PARTIES THROUGH THIS WEBSITE.
LICENSE TO BIRCH GROUP
By communicating with Birch Group by electronic mail or posting a message, uploading a file or providing Birch Group with material for display on the web site, you are granting Birch Group a royalty-free, non-exclusive, unrestricted, worldwide license to use, reproduce, publicly perform and display, distribute, and sublicense any information.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Birch Group respects the intellectual property of others, and we ask our users to do the same. Birch Group may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Birch Group the following information:
DISCLAIMER OF WARRANTIES
Birch Group Design Group, INC makes no representation that the materials contained in the site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access this site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Birch Group, LLC 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.b. BIRCH GROUP, LLC MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIRCH GROUP, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T.O.S.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIRCH GROUP, LLC SHALL NOT BE LIABLE TO YOU 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 BIRCH GROUP, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to other websites do not imply an endorsement of the materials disseminated by publishers at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by Birch Group solely as a convenience to its users. Birch Group is not responsible for the materials contained at any website linked to this site.
THIRD PARTY SERVICES
Birch Group does not provide, nor guarantee any third-party, service, information, or recommendation available through links, sponsorship agreements and/or pages of this web site. The third parties providing products and services available or featured on this web site are not a party to, or affiliates of Birch Group and are solely responsible for their services, information, recommendations, and all other content on their web sites.
PRIMARY LANGUAGE: ENGLISH, AND TRANSLATION
All translations from English to other languages are provided as is, without warranty or assurance of their accuracy.
This agreement is effective until terminated by Birch Group for any reason, with or without notice. Upon any termination of this agreement, you will immediately discontinue your use and access of the site and destroy all materials obtained from it. The disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive
Birch Group may amend or modify this Agreement or impose new conditions at any time upon inclusion of a notice on the site signifying that this agreement has been updated. Any use of the site by you after such update shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
If anyone brings a claim against Birch Group related to your actions, content or information on www.Birch Groupdesign.com, you will indemnify and hold Birch Group harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
If any provision of this agreement is held by a New Jersey or United States federal court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
WAIVER AND SEVERABILITY OF TERMS