The following are
the Terms and Conditions under which you may use
this Website. Please read these carefully.
Viewing any information on this Website
evidences your acceptance of these Terms and
Conditions. If you do not agree to these Terms
and Conditions, please leave this Website. The
Bernier Carr Group and its corporate parent,
subsidiaries, and affiliated companies reserve the right to revise these
Terms and Conditions at any time by posting
updates or revisions. Periodically review these
Terms and Conditions; they govern the content
and format of the information on all The Bernier
Carr Group Web
pages.
Section 1.
Trademark.
All names,
trademarks, logos and service marks ("Marks")
appearing in this Website, except as otherwise
noted, are owned or used under license by The
Bernier Carr Group or its affiliates. The use or
appropriation of these Marks on this Website,
except as provided in these Terms and Conditions
or in the Website content, is strictly
prohibited. You may not use any meta tags or any
other text or content (hidden or visible) that
includes or references The Bernier Carr Group's name or Marks
without The Bernier Carr Group’s express written
consent.
Section 2.
Website Content.
All documents,
information, data, text, photographs, graphics,
video, messages or any other materials
whatsoever ("Content"), except as otherwise
indicated elsewhere on this Website, may be
viewed, downloaded and printed under the
following conditions:
-
The
Content may be used solely for personal,
informational, internal, non-commercial
purposes. The sale or other commercial use
of the Content is prohibited, as is the use
of mass downloader's, download accelerators,
or data mining, gathering, or extraction
tools.
-
The
Content may not be modified or altered in
any way, including the removal of any
copyright or other proprietary notices.
-
The
Content on the Website may not be
distributed.
-
The
Content may not be used in an offensive,
derogatory, or misleading manner, or in any
manner that portrays an individual or entity
in a false light.
-
The
rights specified above to view, download and
print the Content available on this Website
are not applicable to the design or layout
of this Website. Elements of this Website
are protected and may not be copied or
imitated in whole or in part.
Section 3.
Website Security.
In addition to
prohibitions imposed by law, You are prohibited
from intentionally breaching or attempting to
breach the security of the Website or The
Bernier Carr group's servers, including, without
limitation, (1) accessing data not intended for
you or logging into a server or account which
you are not authorized to access, (2) attempting
to probe, scan or test for vulnerability in a
system or network or to breach security or
authentication measures without proper
authorization, (3) attempting to interfere with
or deny service to any user, host or network,
including, without limitation, via means of
submitting a virus or "Trojan horse" to the
Website, overloading, "flooding", "mail bombing"
or "crashing", or (4) sending unsolicited
electronic mail, including promotions and/or
advertising of products or services. Breaches or
attempted breaches of system or network security
may result in civil or criminal liability. The
Bernier Carr Group will investigate any such
occurrences and may involve, and cooperate with,
law enforcement authorities in prosecuting
offenders.
Section 4.
Liability.
The Content in
this Website may contain inaccuracies or
typographical errors. The Bernier Carr Group
makes no representations about the accuracy,
reliability, completeness, or timeliness of the
Website or its Content. Your use of the Content
on the Website is at your own risk. Changes are
periodically made to the Website and may be made
at any time.
ALTHOUGH THE
BERNIER CARR GROUP MAKES EVERY EFFORT TO ENSURE
ALL CONTENT, SERVICES AND LINKS ARE ACCURATE,
RELIABLE, COMPLETE AND TIMELY. THE WEBSITE IS
PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS
WITHOUT ANY WARRANTIES WHATSOEVER.
Section 5.
Waiver of Damages.
BY USING THIS
WEBSITE, YOU RELEASE THE BERNIER CARR GROUP
FROM ALL LIABILITY RESULTING FROM SUCH USE AND
YOU AGREE THAT IN NO EVENT SHALL THE BERNIER
CARR GROUP, ITS AFFILIATED COMPANIES, SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED AT THIS WEBSITE
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGE, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THIS WEBSITE
AND THE MATERIAL CONTAINED HEREIN, REGARDLESS OF
WHETHER SUCH DAMAGE RESULTED FROM A CLAIM BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT THE BERNIER CARR GROUP IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Section 6.
Links to Third Party Websites.
The Website
may contain links to third party websites. Such
links are provided solely as a convenience to
you and not as an endorsement by The Bernier
Carr Group of the contents on such third party
websites. The Bernier Carr Group is not
responsible for the content of linked third
party websites and does not make any
representations regarding the content or
accuracy of the content on such third party
websites. If you decide to access linked third
party websites, you do so at your own risk.
Section 7.
Address.
The Bernier
Carr Group headquarters mailing address is:
327 Mullin Street
Watertown, NY 13601
Any rights not
expressly granted herein are reserved by The
Bernier Carr Group.
Applicable Law. The Bernier Carr Group
Website including all purchases made from the
store and any disputes arising from a purchase,
are governed by the laws of the State of New
York without regard to conflict of laws
provisions that might impose the laws of a
different jurisdiction. Any dispute that is in
any way related to your visit to The Bernier
Carr Group Website shall be decided in the state
or federal courts located in Jefferson County,
New York unless you and The Bernier Carr
Group agree otherwise.
Severability. If a court determines
that any provision of these terms and conditions
is void or otherwise unenforceable, the
offending provision shall be stricken but shall
not affect the enforceability of the remaining
provisions.
Last
Updated: February 20, 2005
