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.

PRIVACY POLICY AND YOUR RIGHTS

• Cookies: These are small pieces of information that are stored by your browser on your computer’s hard drive. The blog software we use offers the option to store your Member Name (UserName) and Password as a cookie on your hard drive. This saves you from having to re-enter this information each time you post a comment. We may occasionally use cookies on other pages to determine their usage. None of our cookies contain or collect any personally identifying information. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. Even without a cookie, you can still use all of the features in the web site.
• Information Disclosure: Birch Group collects statistical data on bandwidth consumption, “hits,” search engines, browser types and traffic. We may choose to provide aggregate statistical data about our reader demographics, traffic patterns, and related site information to reputable third-parties.
• Email Subscriptions: Your email address is private, solely for communications from Birch Group. Birch Group will not sell, rent or distribute email addresses to any third parties.
• Principal Email Addresses:
  Main Address – [email protected]
  Technical Support/Webmaster – [email protected]
• Principal Mail Addresses:
  Birch Group, LLC
  101 Hudson Street, Suite 1703
  Jersey City, NJ 07302

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:

• abuse, harass or threaten others;
• make any bigoted, hateful or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any material that infringes and/or violates US Federal or State of New Jersey privacy laws;
• post or distribute any vulgar, obscene, or indecent language or images;
• advertise, promote or sell to, or solicit others;
• post or distribute any software or other materials which contain a virus or other harmful component; or
• post material or make statements that do not generally pertain to the designated topic or theme of any chat room, message board or blog.

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:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Birch Group for Notice of claims of copyright or other intellectual property infringement can be reached at the address listed below.

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
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.

TERMINATION
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

UPDATES
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.

APPLICABLE LAW
You will resolve any claim, cause of action or dispute (“claim”) you have with Birch Group arising out of or relating to this Terms of Use policy or the Birch Group, LLC its directors, the principal provider, administrators or moderators exclusively in a state or federal court located in New Jersey. The laws of the State of New Jersey will govern the Terms of Use policy, as well as any claim that might arise between you and Birch Group, LLC without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New Jersey for the purpose of litigating all such claims.

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
The failure of Birch Group to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction of the United States of America to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.