Bernard Website Terms of Use

Welcome to the website or mobile app operated by Bernard, a division of Miller Electric Mfg. LLC (“Bernard,” “we,” “us,” or “our”). This website or mobile app (the “Website”) provides general information about Bernard and its products and services, free of charge to our users.

All uses of the Website are subject to the following terms and conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Bernard Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.

Bernard may revise and update these Terms of Use at any time by posting the amended terms to this Website. Your continued use of this Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink.
 

USE OF THE WEBSITE

You agree to use the Website only for lawful purposes:

  1. Specifically you agree not to do any of the following: (1) upload to or transmit on the Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept communications not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit via the Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Website); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Bernard, may harm Bernard or users of the Website or expose them to liability.
  2. Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available portion of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Bernard, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Bernard. You understand and acknowledge that you are responsible for whatever content you submit, and that you, not Bernard, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant to Bernard the right to use all content you upload or otherwise transmit to the Website in any manner Bernard chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
  3. Bernard reserves the right, but does not assume any responsibility, to (1) remove any material posted via the Website which Bernard, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Bernard has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user's access to all or part of the Website. However, Bernard can neither review all material before it is made available on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Bernard assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Bernard reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Bernard has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
  4. Your failure to comply with the provisions of (A) or (B) above may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.


COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Bernard or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Bernard. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material provided by this Website without the prior written consent of Bernard, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser or device for display enhancement purposes, and (c) print a reasonable amount of information from this Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Bernard or the applicable owner of such content. Except as expressly authorized by Bernard in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any material provided by this Website, (ii) access to this Website, or (iii) use of this Website or of any Bernard services or materials made available through this Website.
 

TRADEMARKS

The Company name and the terms Bernard, Centerfire, Quik Tip, E-Z Feed, Hi-Viz, Shortstub, Stay-Tite, Clean Air Gun, Dura-flux, OXO, Q-Gun, S-Gun, W-gun are trademarks and the Bernard logo and all related product and service names, designs and slogans on our Website are trademarks of Bernard or its affiliates. You may not use such marks without Bernard prior written permission. All other names, brands and marks not owned by Bernard are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
 

DEALINGS WITH THIRD-PARTY MERCHANTS

If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that Bernard is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Bernard will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website.
 

LIABILITY OF BERNARD AND ITS LICENSORS

Bernard does not assume any liability for the materials, information and opinions provided on, or available through, the Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. To the extent permitted by law, Bernard disclaims any liability for injury or damages resulting from the use of any Site Content.

THE WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE (EXCEPT TO THE EXTENT THE PRODUCT OR SERVICES ARE COVERED BY A WARRANTY IN BERNARD’S TERMS AND CONDITIONS OF SALE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS REQUIRED BY LAW, NEITHER BERNARD NOR ANY PERSON ASSOCIATED WITH BERNARD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER BERNARD NOR ANYONE ASSOCIATED WITH BERNARD WARRANTS OR REPRESENTS THAT THE WEBSITE, THE SITE CONTENT OR OTHER SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SOFTWARE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE EXTENT PERMITTED BY LAW, BERNARD DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL BERNARD OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, THE SITE CONTENT, ANY OTHER SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE OR SERVICE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY BERNARD AND WHETHER OR NOT BERNARD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
 

INDEMNIFICATION

You agree to indemnify and hold harmless Bernard and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Website or the delivery of products, other services or information over the Website (collectively, the “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including reasonable attorney's fees, arising from any violation by you of these Terms of Use or your use of the Website or any products, other services or information obtained from this Website. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.
 

SUBMISSION OF PERSONALLY IDENTIFIABLE INFORMATION TO BERNARD/PROTECTION OF PERSONAL INFORMATION

Bernard use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy which is located at Bernard Privacy Policy Web Page and is incorporated by reference into these Terms of Use.

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Bernard reserves the right to release your details to unaffiliated third parties and/or law enforcement in order to assist them in resolving security incidents. Bernard reserves the right to investigate suspected violations of these Terms of Use.

Bernard reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Bernard to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS BERNARD AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BERNARD DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BERNARD OR LAW ENFORCEMENT AUTHORITIES.
 

COMMENTS AND SUBMISSIONS

Bernard welcomes your comments. All comments, suggestions or other information sent by you to this Website will become Bernard property, and you agree that all intellectual property rights therein are transferred to Bernard. You understand that any postings to publicly available portions of the Website are non-confidential for all purposes and otherwise governed by the Use of the Service section appearing above.
 

LINKS TO OTHER SITES

The Website may provide links to other web sites on the Internet. Bernard is not responsible for and does not endorse the content, products or services of any third-party websites, including, without limitation, sites framed within the Website or third-party advertisements presented within the Website, and Bernard does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for each such web sites.
 

U.S. GOVERNMENT USERS

Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.
 

COMPLIANCE

The owner of this Website is based in the State of Illinois, USA. Bernard makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
 

CONTACT/DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Bernard to locate the material;
  • Information reasonably sufficient to permit Bernard to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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 the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to our DMCA Agent as follows at:

info@bernardwelds.com

For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Bernard by emailing or writing to:

Bernard
449 W. Corning Road
Beecher, Illinois 60401
1-800-946-2281 or +1-708-946-2281
info@bernardwelds.com

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may be rejected as invalid.
 

MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Bernard with respect to the Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Website shall be in the state or federal courts located in Beecher, Illinois. You agree to submit to the jurisdiction of such courts.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

You agree that no joint venture, partnership or agency relationship exists between you and Bernard as a result of these Terms of Use or your use of this Website.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Bernard's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Bernard nor any trade practices shall be deemed to modify these Terms of Use. Bernard may revise these Terms of Use at any time by updating this posting.

Last updated: December 15, 2017

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