Big Berkey Water Terms and Conditions
Use of Site
This site is to be used with the intent of gathering information about products, placing orders, updating address books, etc. Impersonation of others, including a Big Berkey Water or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
Big Berkey Water wants Users to enjoy their experience on our website. In order to maintain a safe and secure environment, we ask that you use this site in good faith and follow the guidelines contained in this Terms and Conditions at all times. Big Berkey Water has implemented some guidelines to ensure a pleasant experience with our website. Users should demonstrate respect and courtesy to other Users at all times. Users must use their utmost integrity in their dealings with Big Berkey Water’s website and its Users and must not adopt or use another User’s identity as their own with the deliberate intention to mislead. Users must not transmit, download or e-mail sexual or racial material through our website. Users must not use or make use of the site so as to threaten, abuse or howsoever make defamatory statements with reference to Big Berkey Water name, its employees or other Users. Users must not knowingly download, e-mail or otherwise post onto this website any files containing viruses or other executable software programs or with the specific intention of damaging this website and/or another User’s computer or equipment. Users must not do anything which restricts or in any way prevents access to this website. Users must not attempt to deploy methods or systems to defeat any security systems, codes used by Big Berkey Water for the privacy and security of the system, this website as a whole and its Users. In order to maintain our high standards, Big Berkey Water reserves the right to censor content and conduct which in Big Berkey Water opinion is damaging to the reputation and use of this site. By reading this notice you are deemed to have consented to the monitoring of such transactions, e-mails and visits to this website.
Copyright and Trademarks
The entire content included in this site, including but not limited to text, graphics or code is protected by copyright law as a collective work under the United States and other copyright laws, and is the property of Big Berkey Water. The collective work includes works that are licensed to Big Berkey Water Copyright 2006-2018, Big Berkey Water ALL RIGHTS RESERVED. We do grant permission to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Big Berkey Water or purchasing Big Berkey Water products. You may display, download, or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Big Berkey Water. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized in writing by Big Berkey Water. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Big Berkey Water used in the site are trademarks or registered trademarks owned or licensed by Big Berkey Water.
Your use of the services of Big Berkey Water will not confer any title, ownership interest, or intellectual property rights. Our services and products are protected under U.S. patent, copyright laws, international treaties or conventions and other laws, and will remain the exclusive property of Big Berkey Water or third-party providers. Company names, logos, and all related product and service names, design marks, and slogans of Big Berkey Water our affiliates or any third-party providers are property of the respective company. You are not authorized to use any such name or mark in any advertising, for publicity, or in any other commercial manner, unless you are a distributor in good standing with a signed Dealer Agreement.
Limitation of Liability
Big Berkey Water is not liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Big Berkey Water has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Big Berkey Water services are provided “as is” and “as available”. Big Berkey Water our affiliates, the third-party providers and their respective licensors, employees, distributors, or agents make no representations with respect to the system and expressly disclaim all warranties. Subject to applicable rules, in no event will Big Berkey Water our affiliates, third-party providers and their respective licensors, employees, distributors, or agents be liable to you or any third-party for any direct, indirect, incidental, special, punitive, or consequential losses to damages of any kind with respect to our services.
You agree to indemnify, defend, and hold harmless Big Berkey Water its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Big Berkey Water does not and cannot review all communications and materials posted to or created by Users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User-generated content on the site, Big Berkey Water is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Big Berkey Water reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to New Millennium Concepts, Ltd. in its sole discretion.
In an attempt to provide increased value to our visitors, Big Berkey Water may link to sites operated by third parties. However, even if the third party is affiliated with Big Berkey Water Big Berkey Water has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Big Berkey Water. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Big Berkey Water seeks to protect the integrity of its web site and the links placed upon it and therefore welcomes any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Complaints or Concerns
Any formal complaints or concerns should be sent via email to [email protected]
Your use of this site shall be governed in all respects by the laws of the state of Alabama, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of New Millennium Concepts, Ltd. products) shall be in the state or federal courts located in Dallas County, Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Big Berkey Water products) must be commenced within one (1) year after the claim or cause of action arises. Big Berkey Water’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Big Berkey Water may assign its rights and duties under this Agreement to any party at any time without notice to you.
Web Content Accessibility
Big Berkey Water is aware of the World Wide Web Consortium’s Web Content Accessibility Guidelines and is constantly updating and renovating its site to best accommodate disabled users. If you are a disabled user having any trouble with review of this site, please contact our Help Desk at 888.803.4438.
New Millennium Concepts, Ltd. may deliver any pertinent notices to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided.
Termination of Terms
You are free to delete your account at any time. Big Berkey Water may terminate this Agreement, close, deactivate, or block account access as well. Our Users may terminate this Agreement after paying any obligations owed upon notice. This Agreement or Terms and Conditions still stand, even if the account has been closed. We may or may not provide you with notice via the email address associated with your account before we do so.
The use of electronic signatures to sign any documents on this website legally binds you in the same manner as if you had manually signed the document. The use of an electronic version of these documents fully satisfies any requirement that may be provided to you in writing. If you sign electronically, this represents that Big Berkey Water has the ability to access and retain a record of the document. You are responsible for understanding these documents and agree to conduct business with Big Berkey Water by electronic means. You are obliged to periodically review this website for changes or modifications. By consenting to the electronic delivery of all information relating to your account, you authorize New Millennium Concepts, Ltd. to deliver all communications to you by the following means: by email at the email address specified by you, by posting the communication on this website, by sending you an email that includes a hyperlink to the websites where information can be posted, read, and printed, by sending you a notice that directs you to an address on the internet where the communication is posted and from which it can be read and printed. Such delivery will be an effective delivery to for the purpose of any applicable rules whether or not Big Berkey Water accesses and reviews the communication. Although you consent to electronic delivery, Big Berkey Water may elect to deliver by other means which will not affect your consent. If you do agree to electronic delivery, you must have a computer with internet access, an email address, and the ability to download and save or print communications to retain for your records. You are responsible for obtaining and maintaining all equipment and services required for online access of your account. Agreement to Conduct Transactions Electronically
Big Berkey Water reserves the right to amend this Agreement without notice. The current version of the Agreement will be posted on the website and the continued account activity after such amendment constitutes the Agreement to be bound by all amendments to the Agreement, regardless of whether it has been viewed. Big Berkey Water is not bound by any verbal statements that seek to amend the Agreement. You agree that it is your responsibility to monitor changes to this site.
In the event that a Big Berkey Water product is mistakenly listed at an incorrect price, Big Berkey Water reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Big Berkey Water reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Big Berkey Water shall issue a credit to your credit card account in the amount of the incorrect price.
Product specifications and other information have been provided by Big Berkey Water In the event that the information on Big Berkey Water official printed documents differs from the information contained on this site, the information on such printed documents shall take precedence. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site.
Policies and Procedures
We accept all major credit cards such as Visa, MasterCard, Discover, and Amex. There is no surcharge for using your credit card. Please ensure your billing address matches the address that you have on file with your bank. Incorrect information will cause a delay in processing your order. All orders will be charged before they are shipped. For a multiple product order, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your shipping receipt. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Big Berkey Water reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
You are agreeing to Big Berkey Water Warranty Policy which can be accessed through our website. This will be amended from time to time. It is solely your responsibility to check this information periodically. For more information please refer to the following link: Warranty Information
You are agreeing to Big Berkey Water’s Return Policy which can be accessed through our website. This will be amended from time to time. It is solely your responsibility to check this information periodically. For more information please refer to following links: Return Policy Dealer Returns
You are agreeing to Big Berkey Water’s Cancellation Policy which can be accessed through our website through placing orders and under editing/changing orders. This will be amended from time to time. It is solely your responsibility to check this information periodically. For more information please see the following link: Cancellations
Gift certificates are non-refundable. Each gift certificate will expire two years from the purchase date. The maximum amount that can be purchased to apply toward a gift certificate is $2,500 per certificate.
Big Berkey Water gives you the option to post reviews of our products. In doing so, it is understood that the review must be your honest opinion, accurately state facts, be relevant, and concise. We recommend no more than 300 words. Product reviews must not be obscene, distasteful, offensive or spiteful, defamatory to or harass another person, impersonate another person or misrepresent your identity. Product reviews must not contain the name, contact details or any other personal data of another person, contain any advertising or promotional material including links to another website, contain material created by another person or which infringes the rights of another person, or contain comments on another customer’s review. These guidelines apply to every product review. New Millennium Concepts, Ltd. will determine, in our sole discretion, whether a product review breaches these guidelines. Big Berkey Water has the right to freely use, edit, alter, reproduce, publish and distribute the material contained in your product review. The rights which you grant us Big Berkey Water in respect of any product review you submit to our website means (without limitation) that we are free to publish all or part of it, even if you change your mind and request us to remove it; we may remove or edit it; and we may use it in relation to the promotion or advertising of products and services on our website.
Registration and Account
Big Berkey Water requires that you register with us or set up an account in order to place orders, receive messages, set up an address book, etc. To use our online account services, you must provide current, accurate, and truthful registration information and update that information as soon as it changes. Your User account and password are personal to you, and you should not share or transfer your User account and password to anyone else. You can update your personal information by accessing your account and selecting Account Details. If you wish to delete your account you will need to call us at 205-202-9235 or email us at [email protected] If you breach these or any of our other Terms and Conditions we reserve the right to close your account, and if we do so, we may close all accounts you have open in your name.
Out of Stock Items
Big Berkey Water does not guarantee the stock of any of our products. We will give an indication of items being out of stock on the product page of the product that is out of stock. Dealers will be informed via email if they sign up for our email campaign. All customers can view this information under the “News and Alerts” on our website.