Terms and Conditions
Updated on April 10th, 2019
Welcome to the Romain Berg website, with a homepage located at www.romainberg.com (the “Site”).
Romain Berg provides digital optimization services, including search engine optimization, reputation management, web design and development and content development (“Services”), which can be accessed or used through the Site. “Site” includes the Services.
Please read the Terms carefully. By either: (1) using the Site, or (2) clicking on the “I Agree” check box, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Site. “You” and similar terms means you as an individual, as well as the business or entity on whose behalf you are using this Site, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such business or entity.
This Site is owned and controlled by Romain Berg and is operated with the assistance of certain third parties.
Romain Berg reserves the right to make changes to the Site and its Terms at any time. If you are dissatisfied with the Site, its content or Terms, you agree that your sole and exclusive remedy is to discontinue using the Site.
The Site is offered and available to users who are 18 years of age or older and reside in the United States. By using the Site, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Services.
The Site is controlled and operated by Romain Berg from its offices within the United States and is intended only for use by users in the United States. The Site is not intended to subject Romain Berg to any non-U.S. jurisdiction or law. We make no representation that the information or materials on or linked through Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules and regulations in their respective location in doing so.
Account Creation and Security
You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. It is your responsibility to change your password immediately if you feel your security has been compromised. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
License; Appropriate Use
Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Site, solely and strictly in accordance with these Terms.
We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. Romain Berg does not make any representations or guarantees regarding uptime or availability of the Site.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
In connection with the Site, you must not:
- Transmit or otherwise make available through or in connection with the Site, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious;
- Use any device, software or routine that interferes with the Site;
- Restrict or inhibit any other person from using the Site;
- Reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Site;
- Use the Site in an unlawful or fraudulent manner;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Use any automatic device, process or means to access the Site for any purpose, including monitoring or copying content on the Site; and
- Otherwise attempt to interfere with the proper working of the Site.
We may block, limit or terminate your access to the Site for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Site; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.
Disclaimer of Warranty and Liability
THIS SITE, ITS CONTENTS AND SITE RELATED SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. Romain Berg DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT. NEITHER Romain Berg NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS.
Intellectual Property Rights
Unless otherwise noted, the Site and its entire content, features and functionality (including all information, software, text, displays, images, video, audio, and the compilation thereof) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Romain Berg, its suppliers or affiliates, or by third parties who have licensed their materials to Romain Berg, and are protected by U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws.
Romain Berg and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Romain Berg’s or any third party’s intellectual property rights.
The Romain Berg names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Romain Berg LLC. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
Any comments, suggestions, ideas, materials and other submissions that you send to us through the Site or by email, mail, telephone, at our physical locations or otherwise accessible in the future through us or our Site or related to or associated with us (“User Content”) are provided on a non-confidential and non-proprietary basis. If you submit any User Content, you agree you are granting us an irrevocable and unrestricted license to the User Content for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works. You are and shall remain solely responsible for any of your User Content, including its legality, reliability, accuracy and appropriateness. Romain Berg reserves the right to modify any User Content, in our sole discretion.
Third Party Resources; Links
Changes to the Site
You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms.
Pricing, Availability and Accuracy
Prices and availability of our Services are subject to change without notice. Errors will be corrected where discovered, and Romain Berg reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card or other payment mechanism charged.
You agree to defend, indemnify and hold Romain Berg, its parent and affiliate entities, and all of their owners, officers, directors employees, contractors and service providers (collectively, “Protected Entities”), harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of these Terms, including but not limited to User Content.
Governing Law; Arbitration; Jurisdiction
These Terms are governed by the laws of the State of Minnesota U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Romain Berg, whether based in contract, tort, statute, fraud, misrepresentation or other legal theory, will be resolved through final and binding arbitration in accordance with the American Arbitration Association’s rules and procedures. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.
YOU AGREE THAT Romain Berg AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY ARBITRATION OR DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The Site is controlled and operated from the United States, and is not intended to subject Romain Berg to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any geographic area or jurisdiction that we choose.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without Romain Berg’s prior written consent.
These Terms constitute the sole and entire agreement between you and Romain Berg regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
If you have questions or comments about these Terms, please contact us contact us at [email protected]