Last Updated April 10, 2014
THE SERVICEARE AVAILABLE FOR YOUR PRIVATE AND NON-COMMERICAL USE. YOU MAY NOT ALTER, DUPLICATE, OR DISTRIBUTE IN A COMMERICAL MANNER.
End User License Agreement (EULA)
To use the Service, you must be at least thirteen (13) years old and have not had your account deactivated or removed for the Service. If you are between 13 and 18, you represent and warrant that you have obtained the consent of a parent or guardian above the age of 18 to use the website or BerryCart Service.
Rewards and Distributions
Offers for third-party products and services are available through the BerryCart Service (“Offer”). Each Offer may have a reward amount associated with it (“Rewards”). Users will accumulate rewards upon redeemingthe offer. Each Offer may have different redemption requirements that may include completing an action and/or a form of proof of purchase.
Rewards can be distributed via Paypal, gift cards, or other means BerryCart makes available. In order to distribute Rewards, you must have a minimum balance of five ($5.00) dollars.
Closing Your Account.
Beforevoluntarily closing your account, if you have five ($5.00) or more of Earned Rewards, cash of out of these rewards prior to closing your account. If you close your account before cashing out (distributing) your Rewards, have less than $5.00 of Earned Rewards, or your account is terminated by BerryCart (See Termination), you will no longer be able to distribute the Rewards and you will lose any rights to the Rewards.
Third Party Claims.
Rewards are provided solely by BerryCart and not underwritten, sponsored, or provided by any other third-party. You agree not to seek Rewards or make any claims for Rewards against third-party providers, merchants or manufacturers of products and services connected with the BerryCart Service.
Inactivity Account Fees
An account is considered “Active” if you have completed an action associated with an Offer within the prior twelve (12) months.An Action is defined as the specific task that is associated with an Offer. For example, an Offer could require you to complete a survey in order to earn the reward. If you have not completed an action during this period, your account will be considered “Inactive”. BerryCart will attempt to notify you via the email address you have on file before your account becomes Inactive. For each month your account is Inactive, BerryCart will deduct $1.50(or the lessor of you state’s maximum Inactivity Fee) from your accumulated Earn Rewards total until your account is re-activated or your Balance is zero ($0.00).Unless your account was intentionally terminated by BerryCart, you may reactivate your account by logging into BerryCart and completing an Action associated with an Offer.
Use of the Mobile Application and Site
Use of the BerryCart site and mobile apps are restricted to those with valid accounts. You agree that you will not share your account information or passwords with others or create more than one account. You are therefore responsible for all activity on our Service that uses your account and password. You agree to immediately notify BerryCart of any unauthorized use of your password and account. You agree that BerryCart is not liable for any loss that may occur as a results of someone else getting ahold of your account and password.
The follow conduct is prohibited and can be cause for BerryCart, at its sole discretion, to terminate your account:
- Using anyone else’s account without their permission.
- Accessing the BerryCart Service in any manner that may damage, disable, undulyburden, or impair any BerryCart system.
- Interfering or attempting to interfere with any BerryCart systems.
- Attempting to gain unauthorized access to any areas of the Site, Mobile App, or network.
- Submitting a virus, malware, or other program to any of BerryCarts service.
- Using a robot, spider, or other automative mechanism to access the BerryCart Services.
- Providing inaccurate or incomplete information about yourself. If your information changes, it is your responsibility to update the information in BerryCart.
- Attempting to redeem Offers on products that you have not purchased unless the Offer is for an Instant Reward, which does not require a purchase?
- Attempting to redeem Offers on products that were returned to a store.
- Submitting proof of purchase from stores other than those listed as valid in BerryCart. The terms of an offer can dictate that a product must be purchased only in certain stores to qualify for the Offer.
- Sending proof of purchase information that is fake, modified, or inaccurate.
- Submitting receipts that you or someone else has already submitted to BerryCart.
- Submitting a receiptfrom a purchase that is more than ten (10) days priorto the date it was uploaded.
- Modifying, or attempting to modify, or hiding the date on a receipt. This includes uploading a receipt without a date clearly displayed.
- Post, upload, or distribute any inaccurate or inappropriate User Content as deemed by BerryCart (See User Content section).
- Attempt to collect Personal Information from other users without their consent.
- Send unsolicited offers to other Users of the Service.
- Use the service for commercial purposes.
- Use the service for any illegal purpose.
- You will not modify, decompile, create derivative works of, or otherwise attempt to extract source code from BerryCart, unless you are expressly permitted to do so under an open source license, or we give you express written permission to do so.
BerryCart may change the Service offered at any time without notice. BerryCart makes no representations that the Services are available to you at yourlocation. BerryCart can discontinue the Service at any time at our sole discretion.
All content on BerryCart is for information purposes only. Content provided as part of the Service should not be interpreted as endorsed by BerryCart, nor does BerryCart represent or warranty that it is reliable, accurate, complete, or safe to use. Always consult a doctor or other licensed dietitian if you have questions about whether a product is appropriate for you. You acknowledge that taking action based on any information provided through the Service is at your own risk.
BerryCart lets you add, create, upload, submit, distribute, or post (“Submitting” or “Submission”) content to the Site and Mobile App (collectively, the “User Content”). User Content may include images, photos, text, product reviews, recipes, messages, ratings, and other content.
When you submit User Content to BerryCart Services, youacknowledge that you are the publisher of that User Content and that your information is public and therefore, may be seen by anyone else and that you may be individually identified.
BerryCart does not review or guarantee accuracy, intellectual property rights, or appropriateness of User Content. You acknowledge that you may see content that is inaccurate, offensive, and hereby waive any legal or equitable claims, rights, or remedies you have against BerryCart as a result of User Content posted to the Services. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
You hereby grant BerryCart a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, fully paid, sublicensable and transferable license to use, modify, edit, reproduce, prepare derivative works of, distribute, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Service and BerryCart’s (and its successors and assigns’) business, including without limitation for redistributing and promoting part or all of the Service in any media formats and through any media channels (including, without limitation, third party websites or mobile apps, social media channel, or promotional materials).
You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Content through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content solely for personal, non-commercial use.
You hereby grant BerryCart a perpetual, nonexclusive, transferable, royalty-free, sublicenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, and voice in connection with your User Content and any derivative works thereof. To the extent permitted by law, you hereby waive any moral rights you may have in or to your User Content.
The foregoing license grant to BerryCart does not affect your ownership or license rights to your User Content. This includes our right to grant additional licenses to your User Content.
You agree that you are not entitled to any compensation if your User Content is adjacent to or included with advertisements, promotions, coupons, offers or other information, or otherwise used to promote the products and services of BerryCart or 3rd party partners.
You hereby agree to NOT submit User Content that:
- Isfalse, fraudulent, misleading, or deceptive;
- pornographic, offensive, or inappropriate as deemed by BerryCart;
- infringes or violates any 3rd party right, including trademark, patent, copyright, trade secret, privacy right, or any other intellectual property right;
- you do not have the right to disclose under any law or contractual obligation;
- impersonates another person or entity;
- is harmful to or exploitive of children, or that includes images or videos of children without first obtaining the consent of their parent or guardian;
- contains advertisements or solicitation of business;
- sends unsolicited surveys, spam, advertising or promotional materials.
- contains or links to any material that contains software viruses or any other software, files, or programs that may damage or adversely affect the operation of the Site, the Services, or the computer or systems of another user;
BerryCart does not endorse and has no control over any User Content. BerryCart cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Third Party Content
The BerryCart Service (website and mobile app) may contain third party content or items belonging to or originating from third parties as well as links directly to third party web sites. Neither of these are investigatedor checked for accuracy, privacy practices, or appropriateness by us.
By including,or linking to any third party site, app, or materials does not imply approval or endorsement by us. By leaving the BerryCart Service to use or access 3rd party content, you do so at your own risk.
You may receive SMS messages if you are a BerryCart user and you approve to receive SMS notifications. Which types of SMS messages you would like to receive can be configurable in the Settings screen the app. The number of messages that you receive through the SMS service will vary depending on your use of the Service.
You can always cancel the SMS service at any time. Just send an SMS message that reads “STOP” to 84738. Upon our receipt of your “STOP” SMS message, we will send you an SMS message to confirm that you have been unsubscribed. Thereafter, you will not receive SMS messages from BerryCart. If you want to join again, simply opt-in to the SMS service as you did the first time and BerryCart will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just text “HELP” to 84738. Upon our receipt of your “HELP” SMS message, we will respond with instructions on how to use our service, as well as how to unsubscribe.
Participating carriers include: Alaska Communications Systems (ACS), Alltel, AT&T, Bluegrass Cellular, Boost Mobile, Boost-CDMA, Centennial, Cincinnati Bell, Cox Wireless, Cricket (Leap Wireless), Dobson, ECIT (Cellular One of East Central Illinois), GCI Communications, Hawkeye (Chat Mobility), Illinois Valley Cellular, Immix/Keystone Wireless/PC Man, Inland Cellular, Nex Tech Communications, Nextel, nTelos, Pioneer, Plateau, Pocket, Revol Wireless, Sprint, T-Mobile, Thumb Cellular, TracFone, Unicell, Union Wireless, U.S. Cellular, United Wireless, Verizon, Virgin Mobile, and West Central Wireless.
As always, message and data rates may apply for any SMS messages sent to you from BerryCart and to BerryCart from you. If you have any questions about your text plan or data plan, contact your wireless provider.
For all questions about the services provided by this short code, you can send an email to email@example.com.
The Service is owned and operated by BerryCart. All title, right, and interest in the BerryCart Service including all Content, the design and “look and feel” of the Content (except for User Content),graphics, computer code, and scanned images (including receipts) shall remain the intellectual property and copyrighted works of BerryCart and its licensors. All trademarks, trade names, or service marks are proprietary to BerryCart or its affiliates and 3rd party licensors. All rights regarding the Service and associated Content not expressly granted to you shall be reserved.
You may not use or frame any BerryCart trademark, logo, name, or other proprietary materials, including but not limited to images, text, video, or audio published on the Service without BerryCarts express written consent. No part of the Service may be reproduced, copied, distributed, downloaded, republished, displayed, or transmitted in any form without prior written consent by BerryCart. Notwithstanding the foregoing, BerryCart may allow users to post or share Content via a Widget, link, or button, that is expressly provided by BerryCart for the purpose of sharing Content to other social media channels.
BerryCart may without notice to you, terminate or suspend your account, or restrict access for any reason at BerryCart’s sole discretion.Ifyou violate any of the Terms, your account will be terminated. BerryCart reserves the right to suspend or terminate accounts that have been inactive for extended periods.
If your account is terminated for a breach or violation of this Agreement, you will automatically forfeit your account balance.
You may terminate your account at any time by emailing customer service at firstname.lastname@example.org. Upon terminating your account, you must pay any outstanding fees, if any, relating to your use of the Service before you terminated your account.
THE SERVICE IS PROVIDED “AS-IS” AND BERRYCART MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATIERALS, OR PRODUCT AVAILABLE IN THE SERVICE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BERRYCART, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BERRYCART CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. BERRYCART DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE, OR ANY RELATED APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY RELATED SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY RELATED APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR INTENTIONAL OR UNINTENTIONAL REASONS. BERRYCART ASSUMES NO RESPONSIBILITY FOR ANY UNINTENDED IMPACT TO YOU THAT MAY ARISE DUE TO ANY DISRUPTION IN SERVICE.
Limits on Liability
BERRYCART, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, OPERATING, OR PRODUCINGTHE SERVICE WILL NOT BE LIABLE FOR ANY DAMANGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, AND INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMANGES, EVEN IF BERRYCART IS AWARE OR INFORMED OF THE POSSIBLITY OF SUCH DAMAGES. THIS INCLUDES YOUR INABILYTY TO ACCESS THE SYSTEM, AVAILABILITY OF AN OFFER, AND ANY ILLEGAL, OFFENSIVE, OR ANY OTHER ACTIONS TAKEN BY OTHER USERS ON THE SERVICE OR 3RD PARTIES CONNECTED TO THE SERVICE.
APPLICABILITY.THE LAWS OF CERTIAIN JURISTICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMIATION OF CERTAIN DAMANGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMIATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU AGREE THAT THE AGGREGATE LIABILITY OF BERRYCART TO YOU FOR ANY AND ALL CLAIMS RELATED TO THE USER OF THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU HAVE PAID BERRYCART FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO YOUR CLAIM OR $250.
You agree to indemnify, defend, and hold harmless BerryCart, its officers, directors, employees and agents from any loss, claim, damages, liability, costs and expenses, reasonable attorney’s fees or other demandsarising out of or related to (i) your beach of these terms, (ii) any suite brought against you arising from your use of the Service.
To begin the arbitration process, you must send a letter requesting arbitration to our Registered Agent: GKL Corporate/Search Inc. P.O. Box 1913 Sacramento, CA 95812-1913. The arbitration will be conducted by the American Artbitration Association (AAA) under its rules, including Procedures for Consumer-Related Disputes. See the AAA’s rules at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. BerryCart will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Orange County or at another mutually agreed location.Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Class Action Waiver
You and BerryCart agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a plaintiff or class member, consolidated, or representative action. If for any reason a claim proceeds in court, we each waive any right to a jury trial. You and BerryCart also agree that you and BerryCart may also bring suite in court to enjoin infringement or other misuse of intellectual property rights.
By using any BerryCart Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, United States of America without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BerryCart. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Orange, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Our Sites and Apps are not subject to the laws or jurisdiction of any state, country or territory other than that of the United States.
Compliance with Laws
You agree not to use the Service in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of the Department of Commerce and other United States agencies.
Under state escheatment law, or other applicable law, BerryCart may be required to remit Rewards in your BerryCart account to the state of your last known address if your BerryCart account becomes inactive for a period of time. The Zip Code you provided when creating an account will be used to determine your last known address.If we remit funds as required by law, you will need to contact the state directly to obtain the funds.
Your distribution of Rewards may be subject to taxes, depending on your applicable federal, state, and local tax laws. You will be solely responsible for any and all tax liability arising out of your receipt of Rewards through our Service. As a condition of your continued use of the Service, we may require you to provide necessary tax information if our records show that you are required to report your Earnings to the appropriate regulatory entity. It is your responsibility to seek advice of a tax expert to determine the tax consequences of your activities on the Service.
This Agreement constitutes the complete and exclusive understanding between BerryCart and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, written or oral agreements, communications, and/or advertising with respect to such subject matter. These terms are not assignable, transferable or sublicenseable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. If any provision of this agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Copyright and Trademarks
BerryCart © 2013 Berry Cart © 2013 BerryCart.com Incorporated. All Rights Reserved. The BerryCart Incorporated logo is a registered trademark of Berry Cart Incorporated. All other trademarks, logos and service marks, logos, designs, and icons that may be provided as part of the Service are the property of Berry Cart Incorporated or their respective owners. These trademarks may not be used in any way that will likely cause confusion and may not be copied, imitated, or used without prior written permission of BerryCart or relevant third party.
BerryCart’s policy is to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act and to respond to allegations of trademark infringement in accordance with our trademark policy.If you believe that your work has been copied in a way that constitutes copyright infringement, please submit a report in writing with the following information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner’s behalf.
BerryCart’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
ATTN: Copyright Agent
Berry Cart Inc.
P.O. Box 28874
Anaheim Hills, CA 92809
Modification of Terms
Berry Cart Inc.
ATTN: Legal Department
P.O. Box 28874