Berla Website General Terms of Use Agreement

BERLA WEBSITE GENERAL TERMS OF USE AGREEMENT

Access to the Berla Corporation (“Berla”, “us,” “we” or “our”) web site (the “Site”) defined below. For purposes of this agreement, Berla includes its affiliates, and their officers, members, and employees. The “Site” shall mean our website, including all sub-pages, located at www.berla.co, and select other domains.

This General Terms of Use Agreement (the “Agreement”) describes your rights and responsibilities and states the terms and conditions under which you may use this website including all sub-pages. Please read this document carefully. The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason. By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and us. If you do not accept the terms and conditions stated here, we are not willing to allow you to use the Site and you should immediately stop using the Site. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you should immediately stop using the Site.

This Agreement also describes certain terms and conditions applicable to the use of Berla’s products and services including training services. In addition to the terms stated herein, the use of Berla’s software and hardware products is expressly subject to the Berla Terms and Conditions applicable to the relevant products, and the End User License Agreement provided with the relevant software components.

It is your responsibility to review this Agreement periodically. We reserve the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after we make any modifications shall constitute your acceptance of such modifications.

Scope of Use and Acceptable Use Policy

The information, data and other content (the “Information”) we provide on the Site is for general informational purposes only and may not be redistributed by you. We reserve the right to modify the Site from time to time without notice and in its sole discretion at any time. You agree to use the Site and the Information provided thereon only for your own personal use, and not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information available on the Site in any manner without our express written consent, nor to use the Information available on the Site for any unlawful purpose.

You may not attempt to gain unauthorized access to any portion or feature, or probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

Users of the Site may not do any of the following:

upload to, or transmit from, the Site any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, malware, malicious software or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Site or on the hardware of Berla or any third party or otherwise may compromise the security of the Site or Berla’s systems;
attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Site (including any mechanism used to restrict or control the functionality of the Site) and any source code associated with the Site, any third party use of the Site, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
use the Site in conjunction or not with any software to store, upload, transmit, or deliver any malware to users accessing the Site;
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Berla server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means;
probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Berla, including any Berla account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site;
engage in browser exploitation by use of any browser hooks or exploitation framework software;
use the Site to store, upload, or transmit any harassing, offensive, abusive, pornographic, or illegal content or for the purposes of engaging in any harassment, abuse or unethical or illegal activity;
permit any third party to access or use a username or password for the Site;
share, transfer or otherwise provide access to an account designated for you to another person;
use the Site to store, upload, or transmit any data or other information or content that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property right, or any privacy or publicity right, or that otherwise may be tortious or unlawful;
attempt to gain unauthorized access to the Site or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Site;
access the Site in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Site;
use the Site in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
impersonate any person or entity, including, but not limited to, an employee of ours, an “Administrator”, an “Owner”, any Customer, or any other user, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
use the Site to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other statutes, regulations, or other laws concerning national security, defense or terrorism;
use the Site to export any information or content to foreign nationals or countries in violation of any export controls, embargoes, or other statutes, regulations, or other laws;
access, search, or create accounts for the Site by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
place any advertisements within a Berla client;
send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
sublicense, resell, time-share or similarly exploit the Site;
use the Site for consumer, personal, or household purposes, as Berla is intended for use by businesses and organizations;
use contact or other user information obtained from the Site (including email addresses) to contact users outside of the Site without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for users for use outside of the Site; or
authorize, permit, enable, induce or encourage any third party to do any of the above.

If we believe a violation of the policy is deliberate or repeated, or presents a credible risk of harm to other users, our customers, the Site, or any third parties, we may suspend or terminate your access immediately with or without notice to you.

Product Purchases; Other Terms and Conditions

Acceptable Use of Products

Our products are only available to law enforcement, military, civil and regulatory agencies and, as evaluated by us, to select private industry organizations that may be approved in writing for use of Berla’s products on a case by case basis at our sole discretion.

The use of Berla products and services are expressly limited to, and must be used for the sole purpose of, conducting criminal investigations, collecting information for national security purposes, reconstructing vehicle collisions, investigating vehicle theft, and/or investigating insurance fraud.

Any use of Berla’s products or services other than for the forgoing purposes or by private industry organizations must be approved in advance and in writing by Berla.

Note regarding private industry organizations:

The use of Berla products and services by private industry organizations is evaluated on a case by case basis. We use our customer definition in the first paragraph above and our acceptable use policy as the criteria to evaluate requests. Private industry organizations will be required to provide documentation regarding their organization and how they are actively supporting law enforcement, military, civil or regulatory agencies for the sole purpose of conducting criminal investigations, collecting information for national security purposes, reconstructing vehicle collisions, investigating vehicle theft, and/or investigating insurance fraud prior to using any products and/or service.

Additional terms and conditions will apply to purchases of our products and services, which terms and conditions separately will be made available during the purchase of such products and services. In particular, use of Berla’s software and hardware products is expressly subject to the Berla Terms and Conditions applicable to the relevant products, and the End User License Agreement provided with the relevant software components. Private industry organizations will also be required to fully execute a non-disclosure agreement and agree to adhere to Berla’s policy on the acceptable use of Products outlined above.

If there is a conflict between this Agreement and the terms separately provided in connection with the purchase of our products and services, the latter terms shall control with respect to your use of such products and services.

Berla’s products may be used only by authorized personnel and solely in accordance with all applicable laws, rules and regulations. Users are responsible for ensuring their use of Berla products and the data obtained from such use, is authorized. lawful, and conducted in strict accordance with applicable laws

Berla reserves the right to refuse to provide products and service, terminate accounts, remove or edit content, or cancel orders at our sole discretion including, without limitation, if Berla believes that any conduct or usage violates applicable law, our acceptable use policy, and/or is harmful to the interests of Berla.

We reserve the right to cancel or reschedule the date, time and location of any training courses shown on the Site and shall not be responsible for any loss(es) you incur as a result of any cancellation or rescheduling.

Disclaimer

The use of Berla’s products must be done so in a manner that follows proper evidentiary and investigative protocols. Berla does not support nor does it endorse the use of its products in a manner intended to disclose information obtained other than pursuant to (i) a valid court order, (ii) an agreement between parties subject to litigation, or (iii) other valid legal process in support of conducting criminal investigations, collecting information for national security purposes, reconstructing vehicle collisions, investigating vehicle theft, and/or investigating insurance fraud.

Copyright and Intellectual Property Right Ownership

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to us or our Information Providers, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site, and that we (and our Information Providers, as may be applicable) retain all title, right and interest therein and thereto.

Except as expressly provided in this Agreement, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, mobile device, server, Web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

In addition, in any use of Berla’s products or services, you are granted no title, ownership or intellectual property rights in or to Berla’s products (including in or to the underlying source code), in whole or part. All such rights are retained by Berla. All copies of the Berla software (but not the media on which the copies are encoded) are owned by and remain the property of Berla. Any use thereof is subject to the Berla Terms and Conditions applicable to the relevant products, and the End User License Agreement provided with the relevant software components.

Confidentiality

Berla’s products and the related documentation, including without limitation, the specific functionality, design, structure and logic of individual programs, their interactions both internal and external, and the programming techniques employed therein are considered confidential and trade secrets of Berla and/or its licensors (the “Confidential Information”), the unauthorized disclosure of which would cause irreparable harm to Berla. With any use of Berla’s products, you agree to use the same degree of care and means that you use to protect your own information of a similar nature, which shall be no less than the degree of care and means used to protect highly sensitive information and trade secrets in the law enforcement community, and in any event, you agree to use best efforts to prevent the unauthorized use of Confidential Information by third parties and also prevent the unauthorized disclosure of Confidential Information to third parties. You agree not to use, reproduce, distribute or disclose the Confidential Information other than for the purposes specifically authorized herein. Any unauthorized use or disclosure of Confidential Information (including, without limitation, any unauthorized use or disclosure of any of Berla’s products, related documentation, or any documents or materials that display or describe the functionality of Berla’s products), whether in tangible form or by display (visual, by inspection or otherwise) is expressly prohibited.

You agree not to, without Berla’s express prior written consent, use or disclose any of the Confidential Information, the App, the Software, nor use or disclose Berla’s name, tradenames, trademarks, service marks, presentations, or product materials in any advertising, marketing, promotional, or other materials that may be published or disseminated by any means.

Disclaimer of Warranties

Everything on the Site is provided “as is” without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible under applicable law, we hereby disclaim all representations and warranties, express, implied or statutory, including, without limitation, all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all representations and warranties (1) relating to the adequacy, timeliness, accuracy or completeness of any Information on the Site, (2) that your use of the Site will be uninterrupted, error-free, or secure, (3) that defects will be corrected, or (4) that the Site or the servers on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of, or reliance on, the Site and any Information provided on the Site. Information contained on the Site is subject to change at any time without notice.

Disclaimer of Damages and Limitation of Liability

To the fullest extent permitted by applicable law, we shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages, even if such party has been advised of the possibility of such damages), under any contract, tort (including, without limitation, negligence and strict liability) or other legal theory, howsoever caused, arising out of or relating in any way to the Site and/or any Information contained on the Site, or any errors or omissions therein, or your use of, or inability to use, or reliance on, the Site. Your sole remedy for dissatisfaction with the Site and/or Information contained on the Site is to stop using the Site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability that we may have to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the aggregate cumulative amount paid by you to us at such time, if any, to access the Site.

Indemnity

You agree to indemnify, defend and hold us harmless from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.

Links to Other Websites

The Site may contain links to third-party internet websites or resources. These links are provided solely as a convenience to you and not an endorsement by us of the contents of such third-party websites. We neither control nor endorse any such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data. If you decide to access a linked website, you do so at your own risk.

Privacy

Our policy with respect to the collection and use of your Personal Information is set forth in our Privacy Policy. Please click here to view our Privacy Policy.

Termination

This Agreement, as we may amend it from time to time in accordance with its terms, shall remain effective indefinitely until we terminate it. We shall have the right to terminate this Agreement, and/or your access to and use of the Site, at any time in our sole discretion and without the requirement of written notification.

Violation of These General Terms of Use

We may disclose any information we have about you pursuant to our Privacy Policy.

You acknowledge and agree that we may preserve any transmittal or communication by you with us through the Site or any service offered on or through the Site, and may also disclose such data pursuant to its Privacy Policy.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause us irreparable harm, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If we do take any legal action against you as a result of your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of this Agreement.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Maryland, USA, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Maryland, and waive any objection to such jurisdiction or venue. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

We administer and operate the www.berla.co Site in the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Last revised: July 27, 2023