Important: Please carefully read the terms and conditions of this License Agreement (the “Agreement”) before checking the “Yes, I accept the License Agreement” box. By checking the “Yes, I accept the License Agreement” box, you, as an individual, or on behalf of the company or institution set forth on the order form of which this Agreement is a part ( referred to herein as the “Licensee” or “you”), are agreeing to these terms and Berry Writing Group, Inc. (“BWG”), will permit users authorized hereunder to access and use (1) the www.berrywritinggroup.com web page (the “Website”), and (2) the “Writing to Get Things Done” on–line seminar (including the “Preview Chapter One” page) (collectively, the “Materials”) as selected on the order form or provided for download. If you are accepting these terms on behalf of another person or company, you represent and warrant that you have full authority to bind that person or company to these terms.  The Website’s terms of use and privacy policy are incorporated to this Agreement, and all references herein to the Website shall include both such terms of use and privacy policy.

1. License Grant. In exchange for Licensee’s payment of all applicable fees and compliance with all of the terms and conditions of this Agreement, BWG hereby grants Licensee a nonassignable, nontransferable and nonexclusive license to access and use the Materials for the license period selected and paid for by Licensee.
2. Scope of Licensed Access and Use. Licensee may install, use, and run one copy of the Materials on up to the number of computers set forth on the order form (as used herein, an “Authorized User” means each of the individuals authorized to use the Materials). Licensee shall provide written notice to BWG of the name and contact information of each Authorized User and of any individuals who are no longer Authorized Users, immediately on adding, removing, or replacing any Authorized User. The total number of Authorized Users shall not exceed the number set forth under the order form. Licensee shall be responsible each Authorized User’s strict compliance with the terms and conditions set forth in this Agreement and shall be responsible for the breach by an Authorized User of any of the terms and conditions set forth herein.
3. Copyright: Restrictions on Use. All information, content, services and software displayed on, transmitted through, or used in connection with the Materials and all text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively, the “Content”), as well as its selection and arrangement, is owned by BWG.
   Further copyright restrictions specify that:
   • You may use the Content online only, and solely for your personal use.  No other use is permitted without prior written permission of BWG. The permitted use described in this Paragraph is contingent on your compliance at all times with this Agreement.
   • You may not, for example, download or print a copy of any portion of the Content (other than Your Notes and Skill Card) or republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the Content in any database, compilation, archive or cache.
   • You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content.
   • You may not scrape or otherwise copy our Content without express, written permission of BWG.
   • You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through BWG, not to insert any code or product or manipulate the Content in any way that affects an Authorized User’s experience, and not to use any data mining, robots, data gathering or extraction method in connection with the Website.
   • You may not use any meta tags or any other “hidden text” utilizing the BWG name or trademarks without BWG’s express written consent.  Requests to use Content for any purpose other than as permitted in this Agreement should be directed to stan@berrywritinggroupcom.
4. Membership and Registration. Please protect your password.
   • You accept responsibility for all activities that occur under your ID and password (and the activities that occur under the IDs and passwords of any Authorized Users), and agree not to sell, transfer or assign such ID and password.
   • You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer so others may not access the Materials using your name in whole or in part without our permission.
   • If you believe someone has accessed the Materials using your user name and password without your authorization, e-mail us immediately at webmaster@berrywritinggroup.com. WE CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USER NAME AND/OR PASSWORD, OR TO OTHERWISE COMPLY WITH THIS SECTION 4.
5. User Responsibilities.
   • In providing us with information during the registration process, you agree to provide true, accurate, current and complete information as prompted and to maintain and update such information to keep it true, accurate, current and complete at all times (with respect to both you, as Licensee, and any Authorized Users). If any information you provide is untrue, inaccurate, not current or incomplete, or if we reasonably believe so, we may suspend or terminate your access to and use of the Materials, and refuse to provide any current or future access to the Materials and related services to you.
   • You acknowledge that you and each Authorized User are over 18 years of age or otherwise are of legal age to form a binding contract. You are solely responsible for all acts or omissions that occur under your listing number or password (along with all acts or omissions that occur under the listing number or password of any Authorized User), including the accuracy and completeness of all content that you (or anyone using your membership) submit, post or transmit.
   • You agree and acknowledge that your access to and/or use of the Materials are for personal purposes only. That is, you agree and acknowledge that your use of the Website and the Materials is to take the “Writing to Get Things Done” on-line course, rather than as a commercial enterprise for a third party or to enhance, promote or otherwise further a commercial enterprise of your own.
   • Accordingly, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Materials or access or use the Website for any commercial purpose whatsoever.
6. Technical Problems or Computer/Browser Requirements. You will not receive any refund for temporary technical problems with the Website (including without limitation not being able to log in to your account or not being able to upload photos).  You are not entitled to any refund based on a temporary service failure.  You are not entitled to any refund based on a failure to use the Materials that is due to your computer’s or your browser’s failure to meet minimum browser and operating system requirements of BWG.  You are also not entitled to any refund based on any problem due in whole or in part to your computer or peripheral device.
7. Consent to E-mail Communications. From time to time, we will send you e-mail announcements or correspondence on new features, products and services offered by BWG, selected advertisers, affiliates, and related companies. BY PURCHASING, USING, OR ENJOYING THE MATERIALS OR THE SERVICES ON THE WEBSITE, YOU EXPRESSLY CONSENT AND OPT-IN TO RECEIVING E-MAIL FROM BWG, ITS AFFILIATES, RELATED COMPANIES, AND ADVERTISERS. SOME ADVERTISERS MAY PREFER TO CONTACT YOU DIRECTLY, AND BY PURCHASING, USING OR ENJOYING THE MATERIALS OR THE SERVICES ON THE WEBSITE, YOU EXPRESSLY CONSENT AND OPT-IN TO HAVING THIRD PARTY ADVERTISERS CONTACT YOU.
8. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on the Website, including, for example, communication during registration, communication on any BWG bulletin board, message or chat area, or posting any content (including written, graphical or video content), you represent and warrant:
   • you own or otherwise have all necessary rights to the content you provide and the rights to use it as provided in this Agreement;
   • all information you provide is true, accurate, current and complete, and does not violate this Agreement;
   • the content will not cause injury to any person or entity. Using a name other than your own legal name is prohibited.  For all such information and material, you grant BWG, its affiliates and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future.
9. Termination. If BWG believes that you have violated or acted inconsistently with the letter of spirit of this Agreement, you understand, acknowledge, and agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or access to and use of the Website and Materials, and remove and discard any information posted by you on or through the Website, for any reason or no reason, with or without notice and effective immediately. You acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website if you have breached violated or acted inconsistently with the Terms.  YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR PASSWORD, ACCOUNT, ACCESS TO, OR USE OF THE MATERIALS OR WEBSITE PURSUANT TO THIS SECTION. You may discontinue your participation in and access to the Materials and the Website at any time, subject to the other provisions of this Agreement.
10. Disclaimers and Limitation of Liability.  While BWG uses reasonable efforts to include accurate and up-to-date information, BWG makes no warranties or representations as to the accuracy of the data or information available on the Website and assume no liability or responsibility for any error or omission in such data or information.   BWG DOES NOT REPRESENT OR WARRANT THAT USE OF THE WEBSITE OR MATERIALS WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. BWG HAS NO RESPONSIBILITY FOR ACTIONS OF THIRD PARTIES OR FOR INFORMATION PROVIDED OR POSTED BY OTHERS. USE OF THE MATERIALS AND THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NEITHER BWG, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY WARRANTY OF ANY KIND REGARDING THE WEBSITE AND MATERIALS AND/OR THE CONTENT CONTAINED THEREIN. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES THAT THE WEBSITE AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. BWG AND ITS AFFILIATES AND RELATED COMPANIES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT DISCLAIM IMPLIED WARRANTIES AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANT SHALL BE THE MINIMUM REQUIRED UNDER SUCH APPLICATION LAW.  IN NO EVENT SHALL BWG OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO LOSS OF DATA, LOSS OF GOOD WILL, PROFITS, OR COMMERCIAL OPPORTUNITIES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; THE MATERIALS OR ANY ERRORS OR OMISSIONS IN THE MATERIALS OR RELATED CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BWG OR ITS AFFILIATES, RELATED COMPANIES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.00.  IN NO EVENT SHALL BWG OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES AFTER YOUR ACCOUNT REMAINS INACTIVE FOR A PERIOD OF ONE (1) YEAR.
11. Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BWG, ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE WEBSITE OR MATERIALS (2) BWG’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
12. Dispute Resolution.  Any claim or controversy arising out of or relating to this Agreement, to the Website or Materials provided by us or our affiliates, or to any acts or omissions for which you may contend we are liable in connection with this Agreement, including but not limited to any claim or controversy made by a Customer (“Dispute“), shall be finally, and exclusively, settled by arbitration in Minneapolis, Minnesota.  The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to and chosen by BWG from AAA’s pool of arbitrators.  In any arbitration, the costs of arbitration will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand and serve such demand on the other party within one (1) year of when the claim or controversy first accrued. Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Minneapolis, Minnesota.  The arbitrator must abide by all these terms and conditions in this Agreement and shall not have the power to reform or alter this Agreement. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under these Terms with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BWG WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU GIVE UP AND WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS OR HAVE YOUR DISPUTE HEARD BY A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY AN ARBITRATOR AND NOT A JUDGE OR JURY.
13. Additional Terms; Modifications to the Terms. We may change the terms of use and privacy policy to the Website from time to time without prior notification to you. Each time you access the Website, you will be governed by the terms of use and privacy policy then present on the Website and in effect. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE SHALL BE TO CEASE USING THE WEBSITE AND MATERIALS.  CONTINUED USE OF THE WEBSITE AND MATERIALS FOLLOWING ANY SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY SUCH CHANGES, WITHOUT LIMITATION OR QUALIFICATION. In addition, when using particular portions of the Website or Materials, you will be governed by additional terms which will appear when accessing the Website.  All such additional terms are herein incorporated by reference. In the event of a conflict between such additional terms and this Agreement, such additional terms shall govern when you access the Website and the Materials.
14. Modifications to the Website and Materials.  We reserve the right to modify or temporarily discontinue the Website and the Materials (or any part thereof) or to permanently discontinue operation of the Website with or without notice to you. Modification of the Website and Materials can include, but is not limited to, any change to the Website Website or Content contained therein, changes to the administrative tools or functionality of the Website and Materials, modification of the “look and feel” of the Website, changes to the format of a property listing or any other part of the Website, and the inclusion of advertising links or other content available on the Website. Temporary discontinuance of the Website could be for a variety of reasons, including without limitation technical issues that require or result in short-term service outages. We shall not be liable to you or any third party if we exercise our right to modify or temporarily discontinue the Services or permanently discontinue operation of the Website. IF YOU OBJECT TO ANY MODIFICATIONS TO THE WEBSITE OR MATERIALS, YOUR SOLE AND EXCLUSIVE RECOURSE SHALL BE TO CEASE USING THE WEBSITE AND MATERIALS. CONTINUED USE OF THE SERVICES FOLLOWING NOTICE OF AND/OR POSTING AS PART OF THESE TERMS OF ANY SUCH MODIFICATIONS SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH MODIFICATIONS AND SATISFACTION WITH THE SERVICES AS SO MODIFIED.
15. Governing Law.  These Terms will be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of law provisions.
16. Miscellaneous. These Terms constitute the entire, exclusive, and final statement of the agreement between you and BWG with respect to the subject matter herein and supersede all prior agreements or negotiations with respect to the subject matter herein. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect. Any failure of BWG to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The Section and Sub-section headings used in this Agreement are purely for convenience and effect are for illustrative purposes only. In the event of termination of this Agreement for any reason, you agree the following provisions will survive: the provisions regarding limitations on your use of the Website and the Materials, any license(s) you have granted to BWG, any provisions concerning indemnification and/or disclaimers or limitation of liability, and all other provisions for which survival is equitable or appropriate.
17. Services Provided by Third Parties. We are not responsible or liable for any products or services obtained by or through any other party.  Any materials displayed on the Website or the Materials relating to services provided by any other party are advertisements and do not constitute an offer or promise to provide any service by us. There is no endorsement by us of any other party or the products and services made available by or through any other website.
18. Use of E-mail System. By using our e-mail system to contact BWG customers, you are agreeing to these Terms, including, without limitation, this Section 17. You agree to use the e-mail system only to contact Customers for purposes of asking questions related to the purchase or potential purchase by you of the home listed BWG using our e-mail system for purposes of soliciting other goods or services or a commercial relationship of any kind with such Customer.