Berken Energy LLC
©Berken Energy LLC 2019. All rights reserved. Reproduction, distribution, adaptation, or translation without permission is prohibited except as allowed under the U.S. and International copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Berken Energy or their respective owners.
Terms and Conditions of Use
Welcome to the corporate website of Berken Energy (www.berkenenergy.com). Use of this site is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by Berken Energy may be used for informational purposes only. By using, accessing or downloading materials from this website you agree to follow the Terms and Conditions and all provisions as outlined in this legal notice, which apply to all visits to the Berken Energy website, both now and in the future. Berken Energy may at any time, and without notice, revise and update the Terms and Conditions. You are encouraged to periodically visit this page to review the most current Terms and Conditions to which you are bound. If you do not agree to these Terms and Conditions of Use, you are not permitted to use this website.
You may use such material within your organization in connection with the support of Berken Energy's products. As a condition of use, you agree not to modify or revise any of the material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.
Ownership of Information and Materials
The information and any materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this website are the copyrighted works of Berken Energy, and any unauthorized use of that information or materials may violate copyright, trademark and other laws. Any rights not expressly granted herein are reserved.
Berken Energy's trademarks may be used only with written permission from Berken Energy. All other trademarks, brands, and names are the property of their respective owners. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Berken Energy or any third party.
All comments, feedback, information or materials submitted to Berken Energy through or in association with this website shall be considered non-confidential and Berken Energy's property. By submitting such comments, information, feedback, or materials to Berken Energy, you agree to a no-charge, perpetual assignment to Berken Energy of worldwide rights to use, copy, modify, display and distribute the submissions. Berken Energy may use such comments, information or materials in any way it chooses in an unrestricted basis.
The Berken Energy Internet team strives to provide you with useful, accurate, and timely information on this website. Accordingly, Berken Energy has attempted to provide accurate information and materials on this website but assumes no responsibility for the accuracy and completeness of that information or materials. Berken Energy may change the content of any information or materials available at this website, or to the products described in them, at any time without notice. However, Berken Energy makes no commitment to update the information or materials on this website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of Berken Energy. Neither Berken Energy, nor its officers, directors, employees, agents, distributors, or affiliates are responsible or liable for any loss or damage (including, but not limited to, actual, special, consequential, incidental, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Berken Energy's website. Berken Energy reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this website.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND BERKEN ENERGY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL BERKEN ENERGY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
Termination of Use
Berken Energy may, in its sole discretion, terminate or suspend user access to all or part of the Berken Energy website, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the site and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
Governing Law; Jurisdiction and Venue
This Agreement shall be governed by and construed in accordance with the laws of the Colorado exclusive of its choice of law principles. The courts of Colorado shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.
Your privacy is important to you and to us. We will protect the information you share with us. To protect your privacy, Berken Energy follows different principles in accordance with worldwide practices for customer privacy and data protection.
We will not sell or give away your name, mail address, phone number, email address or any other information to anyone.
We will use security measures to protect your information from unauthorized users.
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site, order newsletters or join a limited-access portal. We use your Personal Information for four primary purposes:
To make the site easier for you to use by not having to enter information more than once.
To help you quickly find software, services or information.
To help us create content most relevant to you.
To alert you to product upgrades, special offers, updated information and other new services from Berken Energy.
If you choose not to register or provide personal information, you can still use most of www.berkenenergy.com. But you will not be able to access areas that require registration.
If you decide to register, you will be able to select the kinds of information you want to receive from us by subscribing to various services, like newsletters. If you do not want us to communicate with you about Berken Energy products, programs, events, or services by email, postal mail, or telephone, you may select the option stating that you do not wish to receive marketing messages from Berken Energy.
We will provide you with the means to ensure that your personal information is correct and current. You may review and update this information at any time. There, you can:
View and edit personal information you have already given us.
Tell us whether you want us to send you information
Sign up for newsletters about our services and products.
Register. Once you register, you won't need to do it again. Wherever you go on our website, your information stays with you.
Berken Energy has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Your personal information is never shared outside the company without your permission. Inside the company, data is stored in password-controlled servers with limited access. Your information may be stored and processed in the USA or any other country where Berken Energy, its subsidiaries, affiliates or agents are located.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user name and password. Do not share these with others.
As mentioned above, every registered customer has a unique personal profile. Each profile is assigned a unique personal identification number, which helps us ensure that only you can access your profile.
When you register, we create your profile, assign a personal identification number, then send this personal identification number back to your hard drive in the form of a cookie, which is a very small bit of code. This code is uniquely yours. It is your passport to seamless travel across www.berkenenergy.com. Even if you switch computers, you won't have to re-register – just use your Registration ID to identify yourself.
What we do with the information you share
Berken Energy may disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Berken Energy or the site; (b) protect and defend the rights or property of Berken Energy and its family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of Berken Energy, its Websites, or the public.
Your browser settings may allow you to automatically transmit a ‘do not track’ signal to websites and online services you visit. There is no consensus among industry participants as to what ‘do not track’ means in this context. Like many websites and online service, Berken Energy currently does not alter its practices when it receives a ‘do not track’ signal from a visitor’s browser.