Virtual Office

with optional temporary 

Physical Office & Physical Sables

 

 

TERMS & CONDITIONS

 

 

 

This Agreement is between _  INFO FROM YOUR CREDIT CARD   _________________ , "You / Your" of  _________ and Berkshire Meadow View LLC sole owner of The Berkshire Equestrian Center LLC / ("We/Us/Our") of 40 Perry Peak Road, Richmond, County of Berkshire, Massachusetts, United States of America (USA).  

 

Whereas, We provide Equine & Equestrian related Stables, Arenas, Paddocks, Offices, Meeting Areas, plus Hospitality Rooms, Suites, Cottages, Event Venues, Services & Privileges,  ("Resources"), and

Whereas, You desire Our Resources for Your Virtual and possible Physical presence and/or operation of your horse-related business in the USA,

Therefore, You and We agree to the following Fees, Terms, and Conditions set forth below in order to make You an authorized user/member of Our Resources, defined in Our websites, which You further agree will only be used for legal business purposes related to and consistent with Our Equestrian Center and Inn as also defined in Our website.

 

1. ACKNOWLEDGMENT & ACCEPTANCE:   Your signature on Our Agreement constitutes Your agreement and acceptance of the terms and conditions which You represent that You are fully authorized to accept. 

 

Unless explicitly stated otherwise, this Agreement will govern Your use of any new feature or opportunity that enhances Our current Resources.

 

2. TERM - AUTOMATIC EXTENSION, TERMINATION, SERVICE DOWNGRADE:    For convenience, all months are 30 days long.  Therefore, monthly billing will always occur on the same day of the month. Accounts opened on the last day of February and on the 31st of months will be billed on the first of every month.  This Agreement commences on the date Your credit card payment is first processed.

 

This Agreement is month to month.  After three months, You will be entitled to discounts and privileges listed in Our documentation. 

 

In lieu of the initial three (3) month waiting period, You have the option to pay the three (3) months in advance (vesting term) and received the benefits immediately.  Thereafter, You will be billed via credit card, month-to-month, paid in advance.

 

Unless properly terminated or downgraded, this Agreement will automatically renew at the current rate, for successive periods equal to one month (each, "Renewal Term") until terminated, as provided herein, by either You or Us.

 

Your termination of the Agreement requires a 30 day written notice as specified: 

 

You may terminate or downgrade Services upon expiration of the Initial 3 Month Term or any Monthly Renewal Term by giving written a notice of termination / downgrade 30 days prior to the end of the existing Renewal Term.

 

No pro-rated refunds shall apply and You remain liable for all other charges if applicable during the final term of this Agreement. Your written notice to terminate / downgrade the Agreement must be sent by email addressed to tiaraequest@gmail.com with "Termination" / "Downgrade" in the Subject Line.

 

Our written notice to terminate the Agreement shall be sent by email to Your email address on record. Upon termination of the Agreement for whatever reason, it is Your responsibility to notify all parties related to You of Your change of address and/or other service/s.  Subsequent mail, if any, sent to Our Virtual Office location, will be returned to sender and all virtual mailbox and other services will terminate at that point.

 

The standard fee during any extension period, if required by You and approved by Us, shall be equal to two (2) times the then-current fee for the User's services.

 

3. MODIFICATION  TO SERVICE & RATES: We reserve the right to modify or discontinue all or part of the Service, temporarily for maintenance, or permanently upon 30 day's notice to You, unless We are directed by a legal or governmental authority to shut-down Our Service immediately entirely, or specifically to Your Agreement.

 

We reserve the right, to change User pricing upon thirty (30) days' notice.

 

Amended Terms & Rates become effective after being posted on this page of this website... www.theberkshireequestriancenter.com.

 

Your continued use of the Service after Our posting of the amended Terms/Rates on the Site constitutes Your 

(a.) acceptance of the Terms and its modifications; and

(b.) agreement to be bound by the Terms, as amended.  

You acknowledge and agree that We shall not be liable to You or any third party in event that the Company exercises its right to modify/discontinue all/part of the Service.

 

4. CHARGES.   By electing to purchase subscription-based services, You warrant that all information You submit is true, legally valid, and accurate (including without limitation Your credit card number(s), billing address and expiration date) and You agree to pay all subscription and additional usage fees You incur, plus all applicable taxes. 

 

We are a US-based company. Therefore,  all correspondence is in English; and all fees are listed in U.S. Dollars (USD). You agree to pay Us the amount due in USD. Therefore, We are not responsible for any fluctuation of rate based on currency conversion or any local added fees, taxes, or charges added by Your financial institution or in accordance of local, city, state, or country laws.  Additionally, We are not responsible for any service fees or overdraft fees associated with a charge made for services.

 

(a.)  Payment of Your account balance and other applicable charges, if any,  are due monthly and must be made by the valid credit card(s) designated by You.  You must promptly notify Us of changes to: (i) the account number or expiration date of Your designated credit card(s); (ii) Your billing address; or (iii) cancellation, theft or loss of Your designated card(s).  Any payment received after the due date, due to the Clients failure, will be assessed a twenty-five dollar ($25.00) late payment fees.

 

(b.)   If payment for Your account is not received from the card issuer or its agents, You agree to pay all amounts due, including late payment fees and collection costs, upon demand. Each time You use Our Site/s or Services/s, or allow or cause the Site/s and Service/s to be used, You agree and reaffirm that We are authorized to charge Your designated card(s). You agree that We may (at Our option) accumulate charges incurred during Your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each billing cycle and that We may delay obtaining authorization from Your card issuer until submission of the accumulated charge(s).  We reserve the right at any time to withhold any services provided under this Agreement (with or without notice) or to terminate the Agreement if fees are not paid by the end of the day they are due or the funds are due. Actual collection fees incurred by Us, up to 100% of the account balance, will be added to the unpaid balance.  Additionally, You agree to pay Us 1.5% interest per month on all amounts owing and not paid when due. We reserve the right to suspend or terminate Your Service account without notice upon rejection of any card charges or if Your card issuer (or its agent or affiliate) seeks the return of payments previously made to Us when We believe You are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Us.

 

(c.)   Your Initial Fee and recurring service fees are payable in advance and are non-refundable.  You agree that We may submit charges for Your monthly service fee each month, without further authorization from You, unless You provide prior notice that You have terminated this authorization or wish to change Your designated credit card(s). Such notice will not affect charges submitted before We reasonably could act on Your notice. (Note: We take no responsibility for contacting You prior to charging Your designated credit card for Your recurring service fee.) If You have any question regarding any charges that have been applied to Your account, You must contact Us within 30 days of the charge date. Failure to use Your account will not be a basis for refusing to pay any charges submitted by Us in accordance with this Agreement.

 

(d.)   Our Subscriptions that include Mail Box / Parcel services include a number of monthly envelopes and/or package received by Us address labels transactions as part of the recurring service fee.  We will bill You for usage above and beyond Your plan's monthly allowances at a rate of $1.00 per address label scan. Any additional charges pertaining to the usage and/or customer requested actions including mail content scanning, mail forwarding and other special user requests or actions required due to lack of customer communication or notification may be billed at applicable administrative and/or specifically scheduled rates.

 

Our Virtual Mail Box service will only perform actions based upon customers initial electronic request. Any changes pertaining to mail forwarding and/or mail recipient instructions will need to be approved and administered by Our staff in order to take effect. Automatic ongoing monthly subscription charges will be billed to customer credit card(s) if proper termination notice has not been received and acknowledged at least 30 days prior to the expiration of service billing cycle date. The Virtual Mail Box service can only be used in combination with an active Virtual Office Subscription and carries the same legal and liability requirements as outlined in section 6 below.

5. MAIL SERVICES  (Stateside Package):   You agree to abide by all United States Postal Service rules and regulations. At the termination of this Agreement, You agree that all mail thereafter will be marked "Return to Sender," and no further mail or deliveries will be accepted unless other arrangements are made.

You may use the address of The Berkshire Equestrian Center as specified in this Agreement as Your business address, but not as Your registered agent's office address unless this arrangement has been mutually agreed upon by You and Us.

 

Mail will be handled according to Your instructions and You will be responsible for all resulting forwarding and service charges.  If You elect to have mail or packages shipped or forwarded via Federal Express, United Parcel Service, or any other overnight / express shipping methods, You must provide Your own shipping account to Us to charge for the service. If We are instructed to forward mail, neither We nor its agents shall be responsible for any delay or loss of mail during the forwarding process.  Further, We will not be liable for any loss sustained as a result of any mechanical breakdown, strike, delay or failure of any staff, manager or caretaker to perform their duties.

 

We will not accept any items exceeding 40 lbs in weight, 18" in any dimension, or 1 cubic foot in volume, or if the item contains any dangerous, live, or perishable goods; and, We shall be entitled in our sole discretion to return uncollected items. or refuse to accept any quantity of items that We consider unreasonable or unlawful.

 

You warrant that You will not use any of the Mail Services for any obscene, illegal, immoral, defamatory, or terror purposes and will not in any way involve Us into disrepute.  Any violation of USPS regulations may result in termination of Services by Us and may subject You to penalties defined by USPS or the U.S.Federal Government.

 

6. LINKS.   Our  Site/s and Service/s may provide links to other websites or resources.  We 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, products, or services available on external sites or resources.

 

7. INTELLECTUAL PROPERTY RIGHTS:   You acknowledge that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site/s or through the Service/s ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and You are only permitted to use the Content as expressly authorized by the Company.  This Agreement does not transfer any right, title, or interest in the Service, Site or the Content to You, and You may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by Us. You agree not to use or divulge to others any information designated by Us as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

8. BUSINESS-TO-BUSINESS DISCLAIMER:

 

OUR SERVICES ARE BUSINESS RELATED.  REGARDLESS OF YOUR IDENTITY,  INDIVIDUALITY, OR ENTITY'S ORGANIZATION, YOU ARE A BUSINESS TO US DOING BUSINESS WITH US.  THEREFORE, COMMON BUSINESS CUSTOMS, RULES, LAWS, AND DISCLAIMERS APPLY:

 

YOU EXPRESSLY AGREE THAT USE OF OUR SITE/AND OUR SERVICE/S IS AT YOUR SOLE RISK.  OUR SITE/S AND OUR SERVICE/S ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS.

 

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

WE MAKE NO WARRANTY THAT OUR SITE/S OR OUR SERVICE/S WILL MEET YOUR REQUIREMENT/S, OR THAT OUR SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR VIRUS-FREE;  NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE/S OR OUR SERVICE/S OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH OUR SITE/S OR OUR SERVICE/S OR THAT DEFECTS IN ANY  SERVICE WILL BE CORRECTED.

 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITE/S OR  OUR SERVICE/S IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, OR USE OF SUCH MATERIAL OR DATA.  AND, YOU WILL BE RESPONSIBLE FOR OUR COMPUTERS IF YOUR DOWNLOADS CAUSED DEFECTS OR INOPERABILITY IN OUR COMPUTERS.

 

9. LIMITATION OF LIABILITY:  As a condition of Your use of,  or inability to use, the Site/s and Service/s provided by Us, neither  We, nor any officer, member, director, shareholder, agent, contractor, affiliate or employee of Us ("Our Affiliates") will be liable to You or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with Our Site/s, Service/s, or Content; including but not limited to any of the following: Reliance, Termination, Infringement, Force Majeure.   Your exclusive remedy with respect to the use of the Site/s and Service/s is limited to the termination of this Agreement with a pro-rated refund of the amount actually paid by You for the Service during the current of Your claim.  You hereby release Us and Our Affiliates from all obligations, liabilities, and claims in excess of this limitation.

 

10. INDEMNIFICATION:  You will defend, indemnify and hold harmless Us and Our Affiliates, and their respective successors and permitted assigns, from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by You arising out of or in connection with this Agreement; (b) intentional or negligent violations by You of any applicable laws or governmental regulation, (c) contractual relations between You and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright. You acknowledge that We have no control over the content of information transmitted by You or Your customers and that We do not examine the use to which You or Your customers exploit the Site/s and Service/s or the nature of the information You and Your customers send or receive.  You hereby indemnify and hold harmless Us and Our Affiliates from any and all loss, cost, damage, expense, or liability relating to or arising out of the transmission, reception, and/or content of information of whatever nature transmitted or received by You.

 

11. NO INCLUSION OR RESALE OF OUR SITE/S & SERVICE/S:  You agree not to (1) include an entity that is not directly a part of You, and (ii) reproduce, duplicate, copy, sell, resell, exploit or make any commercial use of or access to the Service, without Our written consent.

 

12. LAWFUL USE:   Your use of Our Site/s and Service/s is subject to all applicable national, state, and local laws and regulation.  You are solely responsible for its presence, the nature of its business, and contents of its communications through the Site/s and Service/s.  We will terminate this Agreement for unlawful use which includes direct or indirect support/sponsorship of animal cruelty.

 

13. ACCESS TO PASSWORD PROTECTED AREAS:   Access to and use of password protected ( such as WIFI)and/or secure areas (such as OFFICES) of the Site is restricted to authorized users only. Authorized Users who disseminated the password beyond its immediate company is cause for termination.  Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

 

EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITE/S MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM US. YOU ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE/s  OR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.

 

14. TERMINATION & EFFECT:   We may terminate or suspend access to the Service or Site for cause at any time and effective immediately. Reasons for termination or suspension shall include, but are not limited to, the following:

(i)  violation of any terms listed in this Agreement; or

(ii) failure to pay for Services.  

We shall not be liable to You or any third party for termination of the Site/s or Service/s.

 

Should You object to any provision of the Terms or any subsequent modifications thereto or become dissatisfied with the Service or Site in any way, Users only recourse is to immediately (i) terminate use of the Service and Site, and (ii) notify the Company of termination. Upon termination of access to the Service and Site, User's right to use the Service and Site shall immediately cease. In the event of User default, User agrees to pay all costs, expenses and reasonable attorneys' fees expended by BEC/BMV in enforcing this Agreement or collecting any sums due hereunder both in and out of bankruptcy and before and after judgment.

 

ON SITE

MEETINGS & STAYS

 

15. CONFERENCE, LODGING & STABLING:   Our Agreement entitles You to rent offices, meeting rooms, conference services, lodging and stalls ("Facilities") by the day, halfday or hour from Us, at varying discounts which depend upon You subscription level.

 

Use of any Facilities are subject to (i) availability of the Facilities; (ii) payment of all fees and charges incurred in reserving and/or using the Facilities in USD; and (iii) compliance with the terms and conditions and/or house rules from time to time applicable to the Facilities. Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the Facilities must be made by You prior to use and shall not be considered guaranteed until written confirmation has been provided to You by Us.

 

Cancellations or date changes received earlier than fifteen (i5) days prior to the reserved date will be charged a nominal $50.00, if the reservation is not rescheduled.  If the meeting / event / stay is rescheduled, the fee will be waived. A cancellation received within fifteen days  (15) days will be charged the total fee.  The foregoing cancelation policy also applies if the booking was made less than five (5) days of reservation date/time.

 

Any costs incurred to third-party suppliers (e.g. caterers or equipment suppliers) as a result of cancellation will be payable in full by You.

 

Pricing and reservations not made directly through Us are not guaranteed in any way.   Your notice to change or cancel of an existing reservation must be in writing and must be sent by email addressed to tiaraequest@gmail.com.  Your email provider's time-stamp will be the official time of notification.

 

16. DAMAGES:   You authorize Us to charge a security deposit for any potential damage caused by you.

 

You will not damage or alter the lodging or meeting space, furniture, furnishings, walls, ceilings, floors, equipment or make or suffer to be made any waste, obstruction, or unlawful, improper or offensive use of either space or the common area facilities.

 

You will not cause damage to any part of the building or Our property or disturb the quiet enjoyment of any occupant/s of the building/s and stable/s.  At end of your reserved time, the meeting space assigned to you, if any, will be in as good condition as when you first occupied it, normal wear and tear excepted and we may apply additional charges in case of any damage to the facilities.  

 

We retain the right to enter your reserved meeting space during a non-meeting time to inspect it, to determine the costs of repairs, and to make repairs and alterations as we reasonably deem necessary resulting from an act or omission by you or your employees, guests and invitees.  You will reimburse Us upon Our proof and demand.

 

You assume all risks of loss with respect to your personal property and the personal property of your agents, employees, contractors, and invitees, within or about the facilities.  You waive any act of recovery against Us, or our officers, licensors, agents, and employees, for loss of, or damage to your property or the property of others that is under your control.

 

GENERAL 

 

17. CONFUSION & MISUSE:   You will not in any way use or combine Our names, i.e., The Berkshire Equestrian Center, LLC, Berkshire Meadow View LLC,  The Inn At Richmond, or TIARA EQUEST in whole or in part, for the purpose of trading activities, except to state as a USA address, as provided,  or the address for a temporary residence.  

 

18. TRADEMARKS:   "Company Trademarks" means all names, marks, brands, logos, designs, trade address and other designations that We use in connection with the Service/s.  You acknowledge Our rights in the Company Trademarks and agree that any use of the Company Trademarks by You, initially un-noticed by Us -- shall inure to the sole benefit of the Us.  Further, You acknowledge that Your use of Our Trademarks is prohibited, thus cause for termination of this Agreement.
 

19. SEVERABILITY:   If any provision of the Terms, in whole or in part, shall be determined to be invalid, unenforceable, or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable, or void, and shall not affect in any way the remainder of such provision or any other provisions herein.  Where it is possible to replace such a failed Term, We will.  Overall, this Agreement must always be in compliance with Local, State, and Federal regulations including Homeland Security.

 

20.  WAIVER:  Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

 

21. CONFIDENTIALITY:   In the course of using Our Site/s and Service/s, You may come into possession of or learn confidential and proprietary business information of Ours ("Confidential Information").  During the Term of this Agreement and thereafter:

(a.) You shall provide, at a minimum, the care to avoid disclosure of unauthorized use of Confidential Information as is provided with respect to Your own similar information, but in no event less than a reasonable standard of care;

(b.) You will use Confidential Information only for purposes of this Agreement;

(c.) You will not disclose Confidential Information to any third party without the express prior written Our prior consent.  

 

Upon termination, You will promptly return to Us any Confidential Information.  

 

If We sell/transfer Our business or any business segment that provides Services to You, We are authorized to transfer all Your information to Our successor. 

 

22. OWNERSHIP:   All Our programs, services, designs, trademarks / names, processes, and materials comprising Our Company, Sites, and Services are wholly owned by Us and/or Our licensors /affiliatees, xcept where expressly stated otherwise.

 

23. LEGAL:   In the case of any violation of these terms, We reserve the right to seek all remedies available by law and in equity for such violations.

 

24.  CHOICE OF LAW:   This Agreement is interpreted and enforced in accordance with the laws of the Commonwealth of Massachusetts, USA.

 

25.  ACCEPTANCE  & ONGOING SUBSCRIPTION:   We do not discriminate based on age, gender, race, religion, partner preference or other matters. Notwithstanding, We MUST comply with all local, state, federal regulations and authorities which includes Homeland Security and other security agencies of the United States on whose direction, We must act regarding the acceptance and continuation of this Agreement.

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So, do we have an Agreement?