Welcome to the Barry Communications website.
This Terms of Use Agreement (this "Agreement") is a legal agreement between you ("User") and Barry Communications, Inc. ("Barry") that governs your use of this website. By utilizing this Barry website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement.
Barry may amend these terms and conditions at any time. User's continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.
User Conduct
User agrees that all the information posted or accessed by User will be used only for informational or educational purposes. There will be no commercial or other unauthorized use of interactive features. User will not engage in any conduct or action that is prohibited by law or violates and federal, state, or local laws. Users of this site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Corporate Identification and Trademarks
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this website are the property of Barry, its parent, and affiliates unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without Barry's prior written permission. The use of Barry's Marks on any other website is prohibited.
Proprietary Rights to Content
All materials contained in this website are copyrighted except where explicitly noted otherwise. © 2006 Barry Communications, Inc. All rights reserved.
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in this website ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is permitted to make one (1) copy of such Content for personal use only. User may not copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without Barry's prior, express authorization.
User Submissions
User agrees that any materials (including without limitation, stories, text, pictures) submitted to Barry become the sole property of Barry, and that User has no rights of any kind in such materials. To the extent that such materials can not be transferred to Barry, User grants Barry a world-wide, royalty-free, and non-exclusive license to modify, use, display, distribute, sub-license, and publish such materials for any purpose.
Links to Third Party Sites
Barry may provide Users with links to other websites. These third party sites are not under the control of Barry and User acknowledges that Barry is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Barry shall not be liable for any loss or damage of any sort incurred as the result of using any third party's website.
Limitation of Liability
USER EXPRESSLY UNDERSTANDS AND AGREES THAT BARRY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF BARRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer of Warranties
Barry makes no warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Barry make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT USER'S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, BARRY PROVIDES THIS SITE CONTENT "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL BARRY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INDCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF BARRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
User agrees, at User's expense, to indemnify, defend and hold harmless Barry, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorney's fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of User's breach of this Agreement or in connection with User's use of this website or any product or service related thereto.
Venue and Governing Law
This Agreement and the relationship between User and Barry shall be governed by and construed in accordance with the laws of the State of Massachusetts. Any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website shall be resolved in a federal or state court in Suffolk County. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or it will be forever barred.
Waiver/Severability
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
Reservation of Rights
Any rights not expressly granted herein are reserved.

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