Berks Connect

Last Updated: May 19, 2025

Welcome to Berks Connect ("Berks Connect," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, https://berksconnect.com (the "Site"), and all related services, features, and content offered by Berks Connect (collectively, the "Services").

By accessing or using the Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Site or Services.

1. Definitions

"User," "you," or "your" refers to any individual or entity accessing or using the Site or Services, including visitors, registered members, and Businesses.
"Business" means any commercial or non-commercial entity listed on, submitting content to, or using the Services for promotional or informational purposes.
"Listing" refers to any business profile, data, advertisement, or entry published or made available through the Site or Services.
"Content" means any text, images, graphics, audio, video, data, files, messages, information, or other materials submitted, posted, displayed, transmitted, or otherwise provided on or through the Site or Services by us or by Users.
"User-Generated Content" means any Content submitted, posted, displayed, or otherwise provided on or through the Site or Services by a User (including Businesses).

2. Eligibility

You must be at least 18 years old and possess the legal authority, right, and freedom to enter into these Terms and to form a binding agreement, for yourself or on behalf of the person or entity you represent. If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms. By using the Site and Services, you represent and warrant that you meet these requirements.

3. License and Permitted Use

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Site and Services for lawful personal or internal business purposes, including accessing business information or managing a Listing you are authorized to represent. This license does not include any resale or commercial use of any Service or its contents beyond its intended purpose as a directory and informational platform.

4. Prohibited Conduct

You agree not to, and will not assist or enable others to:

Use the Site or Services for any unlawful, fraudulent, malicious, or harmful purposes, or in a manner that violates any applicable local, state, national, or international law or regulation.
Post, submit, or transmit any Content that is defamatory, libelous, obscene, pornographic, vulgar, offensive, harassing, threatening, abusive, discriminatory, or otherwise objectionable or inappropriate as determined by us in our sole discretion.
Use automated systems (e.g., robots, spiders, scrapers, crawlers) to access, monitor, or extract data from the Site or Services without our express prior written permission.
Impersonate any individual or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with, disrupt, or compromise the functionality, security, or integrity of the Site or Services, or any networks or servers connected to the Services.
Upload or transmit viruses, worms, Trojan horses, or other malicious code.
Attempt to gain unauthorized access to our systems, user accounts, or any part of the Site or Services.
Circumvent, disable, or otherwise interfere with any access, use, or security-related features of the Site or Services.
Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without our express written permission.
Collect or harvest any personally identifiable information, including account names, from the Service.

5. User Accounts

To access certain features of the Site or Services, you may be required to create an account. If you create an account, you agree to:

Provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
Maintain the confidentiality and security of your account login credentials (username and password).
Be fully responsible and liable for all activities that occur under your account, whether or not you have authorized such activities.
Notify us immediately at hello@berksconnect.com of any suspected or actual unauthorized use of your account or any other breach of security.
You are responsible for anything that happens through your account unless you close it or report misuse.

We reserve the right to suspend, deactivate, or terminate your account or access to the Services at our sole discretion, without notice or liability, for any reason, including but not limited to a breach of these Terms.

6. Business Listings and User-Generated Content

Responsibility for Listings and Content:

By submitting, claiming, editing, or otherwise providing User-Generated Content (including Business Listings) to the Site or Services, you represent and warrant that:

You are authorized to represent the Business and/or to submit the Content.
All submitted Content is accurate, complete, current, and lawful, and does not infringe upon the rights of any third party, including intellectual property rights and privacy rights.
Your Content complies with our Prohibited Conduct policy (Section 4) and any other content guidelines we may provide.
You assume full responsibility and liability for the Content you submit and for any consequences arising from its publication.

Content License:

By submitting, posting, or displaying User-Generated Content on or through the Services, you grant Berks Connect a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, fully paid-up, transferable, and sublicensable license to use, host, store, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in connection with operating, providing, promoting, and improving the Site and Services, and to develop new ones. This license continues even if you stop using our Services. You also grant other Users the right to access your Content in connection with their use of the Services.

Monitoring and Removal:

We do not pre-screen all User-Generated Content. However, we reserve the right (but not the obligation) to review, monitor, edit, reject, remove, or disable access to any Listing or User-Generated Content at our sole discretion, at any time, without notice, for any reason or no reason, including if we believe it violates these Terms or is otherwise harmful or objectionable.

Ownership of Listings:

While Business owners or authorized representatives may submit, claim, and request edits or removal of their Listings, Berks Connect retains ultimate editorial control and discretion over all Content publication decisions on the Site and Services. We are not obligated to remove any Listing or Content unless required by applicable law.

7. Aggregated Reviews and AI-Generated Content

The Services may display and synthesize reviews sourced from publicly available third-party platforms (e.g., Google Maps, Yelp). These third-party reviews:

Are not independently verified, endorsed, or moderated by Berks Connect beyond aggregation and summarization.
Remain the property of their respective sources and are subject to the terms and conditions of those third-party platforms.
Are presented for informational purposes only.

We also utilize automated technologies, including artificial intelligence (AI), to generate summaries, sentiment insights, descriptions, and other Content based on publicly available data, User-Generated Content, and third-party reviews. Such AI-generated Content is provided "AS IS" and "AS AVAILABLE" for informational purposes only. It may contain errors, omissions, or inaccuracies. You should not solely rely upon AI-generated Content and should independently verify its accuracy and completeness. Berks Connect makes no representations or warranties of any kind regarding the accuracy, completeness, reliability, or suitability of AI-generated Content.

8. Intellectual Property Rights

Our IP:

All rights, title, and interest in and to the Site and Services, including all text (excluding User-Generated Content), graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content, contained on the Site or Services are owned, controlled, or licensed by or to Berks Connect, and are protected by copyright, patent, trademark, trade dress, and various other intellectual property rights and unfair competition laws in the U.S. and internationally. Except as expressly provided in these Terms, no part of the Site or Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without Berks Connect's express prior written consent.

Your IP:

You retain ownership of the original User-Generated Content you submit, subject to the license granted to us in Section 6.

Feedback:

If you provide us with any suggestions, comments, ideas, improvements, or other feedback regarding the Site or Services ("Feedback"), you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and otherwise exploit such Feedback for any purpose, without restriction and without any compensation to you.

9. Payments and Refunds (If Applicable)

Should Berks Connect offer premium listings, advertising, or other paid services:

Fees: You agree to pay all applicable fees for Services you purchase, in advance, as described on the Site or as otherwise communicated to you. All fees are non-refundable except as expressly stated in these Terms or as required by law.
Payment Method: We may use a third-party payment processor to bill you. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms. We are not responsible for errors by the payment processor.
Taxes: You are responsible for all applicable sales, use, value-added, or other governmental taxes, duties, or charges imposed on your purchase or use of the Services, except for taxes based on Berks Connect's net income.
Pricing Changes: We reserve the right to change our pricing at any time. We will provide reasonable notice of any pricing changes by posting the new prices on the Site or sending you an email notification.
Billing Disputes: You agree to resolve any billing disputes within thirty (30) days of the date of the charge by contacting us directly at hello@berksconnect.com.

10. DMCA and Copyright Complaints

Berks Connect respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Berks Connect's copyright agent as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Berks Connect to contact you, such as your address, telephone number, and e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to our DMCA Agent:

DMCA Agent
Berks Connect
4712 Penn Ave, Unit 7090
Sinking Spring, PA 19608
Email: hello@berksconnect.com (Subject: DMCA Notice)

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

11. Indemnification

You agree to indemnify, defend, and hold harmless Berks Connect and its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

Your access to or use of the Site or Services;
Your violation of these Terms or any applicable law or regulation;
Any User-Generated Content or Listings you submit, post, or transmit through the Services;
Your violation of any rights of a third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or
Any dispute or issue between you and any third party (including other Users or Businesses).

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12. Disclaimers of Warranties; Limitation of Liability

DISCLAIMER OF WARRANTIES:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES, INCLUDING ALL CONTENT, LISTINGS, AGGREGATED REVIEWS, AND AI-GENERATED CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BERKS CONNECT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BERKS CONNECT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BERKS CONNECT, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE, OR OTHERWISE, EVEN IF BERKS CONNECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERKS CONNECT'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, RELATING TO THE SERVICES, WILL BE LIMITED TO AN AMOUNT NO GREATER THAN ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT, IF ANY, YOU PAID TO BERKS CONNECT FOR THE USE OF THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, WHICHEVER IS GREATER.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Termination

We may terminate or suspend your account and/or your access to all or part of the Site or Services at our sole discretion, immediately, without prior notice or liability, for any reason or no reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Services will immediately cease.

If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

14. External Links and Third-Party Services

The Site and Services may contain links to third-party websites, services, or resources that are not owned or controlled by Berks Connect. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Berks Connect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

15. Governing Law and Venue

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

Subject to the arbitration provisions in Section 16, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Berks County, Pennsylvania, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

16. Dispute Resolution; Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Informal Resolution:

We want to address your concerns without needing a formal legal case. Before filing a claim against Berks Connect, you agree to try to resolve the dispute informally by contacting hello@berksconnect.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or Berks Connect may bring a formal proceeding.

Agreement to Arbitrate:

You and Berks Connect agree to resolve any claims relating to these Terms or the Services through final and binding arbitration conducted by a single arbitrator from the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules, if applicable), except as set forth under "Exceptions to Agreement to Arbitrate" below. This includes disputes arising out of or relating to interpretation or application of this "Dispute Resolution" section, including its enforceability, revocability, or validity.

Opt-out of Agreement to Arbitrate:

You can decline this agreement to arbitrate by contacting hello@berksconnect.com within thirty (30) days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement.

Arbitration Procedures:

The AAA will administer the arbitration in Berks County, Pennsylvania, or any other mutually agreed location. The arbitration will be conducted in English. The arbitrator's decision will be final and binding. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.

Arbitration Fees:

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

Exceptions to Agreement to Arbitrate:

Either you or Berks Connect may assert claims, if they qualify, in small claims court in Berks County, Pennsylvania, or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

No Class Actions:

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Judicial Forum for Disputes:

If the agreement to arbitrate is found not to apply to you or your claim, you and Berks Connect agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Berks County, Pennsylvania. Both you and Berks Connect consent to venue and personal jurisdiction there.

17. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, or failures of public or private telecommunications networks (each a "Force Majeure Event").

18. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect, such as by posting a notice on the Site or sending an email to the address associated with your account. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Site and the Services. We encourage you to periodically review these Terms for the latest information.

19. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or terms published by us on the Site or Services, constitute the entire agreement between you and Berks Connect concerning the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Berks Connect.
Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Berks Connect's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Berks Connect without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Headings: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
Notices: Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to hello@berksconnect.com.
No Agency, Partnership, or Joint Venture: No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

20. Contact Information

If you have any questions about these Terms, please contact us at:

Berks Connect
4712 Penn Ave, Unit 7090
Sinking Spring, PA 19608
Email: hello@berksconnect.com
Phone: +1-484-650-3808