Terms & Conditions
Terms & Conditions
Last Updated: 10/10/2010
This is a legal contract and agreement ("Agreement") between you and the BERNE Apparel Company ("BERNE Apparel"). By accessing, browsing, and using this website ("Site"), you acknowledge that you have read and understood the terms and conditions of this Agreement. You further agree that such terms and conditions are and represent a legal contract by which you are bound.
If for any reason you do not agree with all the terms and conditions of this Agreement, you should immediately discontinue accessing, browsing and using this Site. If you breach or fail to comply with the terms and conditions of this Agreement, your authorization to use this Site automatically terminates.
As provided below, BERNE Apparel reserves the right, from time to time, to change this Agreement.
All material and content on this Site are the property of BERNE Apparel or the original creator and is further protected by United States and international copyright laws. The material and content that are subject to BERNE Apparel's copyright include, without limitation, text, graphics, logos, and the BERNE Apparel catalog.
BERNE Apparel owns certain registered and unregistered trademarks and service marks. Trademarks and service marks that appear on this Site may be registered and unregistered trademarks of others. Your use of the Site or the display of trademarks and service marks on this Site do not grant to you any ownership in or license or right to use any trademarks or service marks displayed in the Site and you are prohibited from copying or using any such trademarks, subject to the following: In a manner that may be agreed to by BERNE Apparel from time to time, you may be allowed to use BERNE Apparel's trademarks and service marks for purposes of re-selling, promoting, or advertising Merchandise.
Limited License Of Access & Use
BERNE Apparel grants to you a limited license to access and use this Site for purposes of reviewing BERNE Apparel's catalog, and if you are an approved customer, purchasing Merchandise on the Site. Other than and limited to purchasing Merchandise through this Site, you are prohibited from distributing, copying, displaying, republishing, or transmitting any material or content on this Site for commercial use. Any unauthorized use of material and content on this Site may violate relevant trademark and copyright laws.
Price, Quantity, Payment Terms & Acceptance of Orders
- The price and quantity of Merchandise purchased and sold will be stated on your purchase confirmation that will be emailed to you at the e-mail address you provided during the registration process. Shipping costs, which are paid by you, may only be estimated. Actual shipping costs may vary.
- Unless otherwise agreed to by BERNE Apparel, payment of the purchase price is due and owing at the time you submit your order. Payments may be made by credit card. Berne Apparel, in its discretion, may agree to other payment terms, subject to prior credit approval.
- All orders are subject to approval and acceptance by BERNE Apparel. BERNE Apparel may reject orders for any reason, including without limitation a decision based on your credit status.
Links To Third Party Sites
Links to third party sites on this Site are provided solely as a convenience to you. BERNE Apparel does not control and is not responsible for any of these sites, their content or their policies, including without limitation, privacy policies or lack thereof. BERNE Apparel does not endorse or make any representation about third-party sites or any information on products and materials found therein. You acknowledge and agree that BERNE Apparel is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, your use of or reliance on any such third-party sites.
"As Is" Disclaimer Of Warranties
This Site is provided "As-Is" without warranties of any kind, either express or implied. BERNE Apparel disclaims all warranties, express or implied, including, but not limited to, Implied Warranties of Merchantability, Fitness For a Particular Purpose, data accuracy, system integration, and informational content.
BERNE Apparel does not warrant or make any representations regarding the operation of this Site or the validity, accuracy, or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. The materials of this Site may be out of date, and BERNE Apparel makes no commitment to update the materials at this Site. BERNE Apparel does not guarantee or warrant that the files available for downloading from this Site, if any, will be free from viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. BERNE Apparel does not warrant that this Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected.
Limitation Of Liability
In no event will BERNE Apparel, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, incidental, consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, or inability to use this Site, any websites linked to this Site, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Changes To This Agreement
BERNE Apparel may change this Agreement at any time without notice by updating this Site. By using this site you agree to be bound by any such changes and should therefore periodically visit this Site and page to determine the then-current terms and conditions of use to which you are bound.
Applicable Laws & Venue
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. BERNE Apparel's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement may be assigned in whole or in part by BERNE Apparel. This Agreement may not be assigned in any manner by you without the express, prior permission of BERNE Apparel. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Allen, Indiana (the "Indiana Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of relating to this Agreement except in the Indiana Courts, and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.