RestrictionsIn order to use the Site, you need to be 18 years or older. This Site is not directed towards individuals under the age of 18 or intended for any users suspended or terminated from using the Site by Bernard Marketing Partners for any reason. If you are under the age of 18 or Bernard Marketing Partners has suspended or terminated your account or otherwise indicated that you are no longer authorized to use the Site, you may not use the Site.
Your Account Associated with Bernard Marketing PartnersYou must be of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may be required to complete login and registration information about yourself to use the Site and agree to provide only true, accurate, current and complete information. Bernard Marketing Partners has the right to suspend or terminate your account and refuse your use of the Site if you provide any information that is untrue, inaccurate, or incomplete or Bernard Marketing Partners has reasonable grounds to do so. You are solely responsible for maintaining the confidentiality of your account information and password (if any), and for restricting access to your account. Further, you are strictly prohibited from selling, trading, or otherwise transferring your account information of the Site to another party. In the case of a security breach, you agree to notify Bernard Marketing Partners of any authorized use of your account. Bernard Marketing Partners reserves the right to change or discontinue the Site or any service available therein at it’s sole discretion.
DescriptionUsers may have access to certain content, features, and functionality on the Site. You shall be solely responsible for obtaining and maintaining any equipment that may be required to order for you to have access to the Site. It your responsibility to for obtaining and satisfying all technical requirements necessary in order to access the Site and any service available therein, including any associated third party fees (including without limitation, interest charges).
License and Site AccessBernard Marketing Partners grants you access to a non-exclusive, non-sublicensable, non-transferable, revocable, limited license the use of Bernard Marketing Partners website as intended through the provided functionality of the Site in accordance with the terms and conditions set forth herein and subject to your continued compliance with these Terms of Service. This license does not include the right to (i) download (unless you see a link to download that is displayed by the Site that applies specifically to that particular content) or copy of the Site or any portion thereof or any information and content available on or through it including, without limitation, any writing, photos, videos, sound, music, emails, dislikes, likes, logos, software programs or applications (collectively, “Content”) or account information for the benefit of any other party; (ii) copy, modify, create derivative works from, sell, resell, redistribute, sub-license, or otherwise exploit any Content for public or commercial use without Bernard Marketing Partners express written consent; (iii) post, upload, or transmit any content that you do not have the full legal right and authority to make publicly available without charge or restriction of any kind (including, without limitation, the intellectual property of another); (iv) cache unauthorized hypertext links to the Site or frame or utilize framing techniques to enclose any trademark, logo, or any Content available through the Site without Bernard Marketing Partners express written consent; (v) post, upload, or transmit any content that contains software viruses or any other programs, files or computer code designed to interrupt, limit or destroy the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Bernard Marketing Partners sole determination) an unreasonable or disproportionately large load on the infrastructure of the Site; (vi) post, upload or transmit content that a reasonable person would find objectionable, including without limitation, content that contains obscene language or is threatening, defamatory, infringing of intellectual property rights, invasive of privacy or otherwise injurious to third parties, or which displays or promotes violence, use of firearms, racism, hate, libel, gambling, tobacco, alcohol, pornography, nudity or other offensive subject matter; (vii) post, upload, or transmit any content that consists of mass mailings, chain letters, political campaigning, commercial solicitation or any form of "spam"; (viii) use data mining, robots, or similar data gathering and extraction tools; or (ix) use any metatags or any other hidden text utilizing Bernard Marketing Partners's name or trademarks without the express written consent of Bernard Marketing Partners or the third party that owns the applicable Marks. You may not bypass any measures used by the Site to prevent or restrict access to the Site or service available therein. In addition to any other remedies that may be available to Bernard Marketing Partners under applicable law, any unauthorized use by you shall immediately terminate the permission and/or license granted to you by Bernard Marketing Partners under these Terms of Service or otherwise in connection with the Site.
Warranties and DisclaimersYOU UNDERSTAND AND EXPRESSLY AGREE THAT BERNARD MARKETING PARTNERS PROVIDES THE SITE AND ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE VIA THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER BERNARD MARKETING PARTNERS NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS (EACH, A "Bernard Marketing Partners PARTY") MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SITE OR THE CONTENT OR THE RELIABILITY, ACCURACY, SUITABILITY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY PORTION OF THE SITE, THE SERVICES, CONTENT, NEWS, OPINIONS, FILES OR PRODUCTS MADE AVAILABLE OR ADVERTISED VIA THE SITE. NONE OF THE BERNARD MARKETING PARTNERS PARTIES WARRANTS THAT THE SITE WILL BE UNINTERRUPTED, NOT DEFECTIVE OR ERROR FREE OR THAT THE SITE OR ANY CONTENT OR FILES SHARED OR MADE AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY AS TO THE SITE AND/OR ANY CONTENT, FILES, OR OTHER OFFERINGS OR SERVICES PROVIDED, ADVERTISED OR MADE AVAILABLE TO YOU VIA THE SITE IS ASSUMED SOLELY BY YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF THE BERNARD MARKETING PARTNERS PARTIES MAKES, AND BERNARD MARKETING PARTNERS (ON BEHALF OF ITSELF AND EACH BERNARD MARKETING PARTNERS PARTY) HEREBY SPECIFICALLY DISCLAIMS, ANY AND ALL REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND ANY SERVICES, CONTENT, NEWS, OPINIONS, FILES OR ANY PRODUCTS OR OTHER OFFERINGS MADE AVAILABLE OR ADVERTISED VIA THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR ANY SERVICES, CONTENT, FILES OR OTHER OFFERINGS MADE AVAILABLE VIA THE SITE IS TO STOP USING THE SITE.
LimitationsYOU ASSUME ALL RISKS AND RESPONSIBILITY FOR THE USE OF THIS SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT IN NO EVENT SHALL BERNARD MARKETING PARTNERS OR ANY OTHERS ASSOCIATED WITH Bernard Marketing Partners PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPRTIONS, USE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES) RESULTING FROM THE USE OF THIS SITE OR FROM CONTENT OR SERVICES MADE AVAILABLE OR ADVERSITED THROUGH THE SITE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EndorsementsBernard Marketing Partners does not represent or warrant the accuracy, truthfulness, completeness or reliability of any material posted by others on the Site nor does it endorse any opinions made by users of the Site. Statements made in any discussion area is not a representation of Bernard Marketing Partners views. Users, visitors, and participants alike acknowledge and agree that any reliance on material posted or sent by others is strictly at their own risk.
IndemnityBy using this Site, you agree to indemnify, defend and hold Bernard Marketing Partners and each Bernard Marketing Partners harmless from and against all claims, demands, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or in any way related to (i) your breach of the Terms of Service, (ii) claims resulting from unsolicited information you supply, (iii) your unauthorized use of and/or access to the Site, Content, files, material, or products made available on the Site, or (iv) violation of any law or rights of a third party, including without limitation, any copyright, property, or privacy right.
Electronic CommunicationYou consent to receiving communications from Bernard Marketing Partners electronically either by email or by posting notices to the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Third Party Sites and ProvidersThis Site may incorporate links to external third party sites or resources. Since Bernard Marketing Partners has no control over such sites and resources, you acknowledge and agree that Bernard Marketing Partners is not responsible for the availability of such external sites or resources, and does not guarantee, approve or endorse and is not responsible or liable in any way for any content, advertising, products or other materials made available on or from the sites or resources occurring in connection with such sites or resources. Without limiting the generality of the limitations of liability set forth in these Terms of Service, you further acknowledge and agree that Bernard Marketing Partners shall not be responsible or liable, directly or indirectly, for any damage or loss of any kind caused or alleged to be caused by or in connection with use of, purchase of (to the extent applicable) or in reliance on any such content, goods, or products or available on or through any such external site or resource. Your use of the sites and resources is at your own risk. Any questions or concerns regarding those external sites or resources or any external link should be directed to the site administrator or webmaster for the applicable external site.
Passwords and Secured AreasYou’re solely responsible for any activity on your account so it is important to keep your password secure.
Intellectual Property RightsCertain graphics, logos, page headers, icons and service names displayed on the Site are trademarks, registered trademarks or trade dress of Bernard Marketing Partners ("Marks") in the U.S. and/or foreign countries. Users are prohibited from using any Marks for any product or service that is not Bernard Marketing Partners in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Bernard Marketing Partners. All other trademarks not owned by Bernard Marketing Partners that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bernard Marketing Partners.The Content on the Site is the sole property of Bernard Marketing Partners and/or its content supplied by a third party and is protected by United States and international intellectual property laws. The compilation of all content on the site is the exclusive property of Bernard Marketing Partners and protected by United States and international copyright laws. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.
Procedure for Copyright Complaints.Bernard Marketing Partners takes claims of copyright infringement seriously. Bernard Marketing Partners will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send the following information to email@example.com:
Survival of Terms After Agreement EndsNotwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Service.
Bernard Marketing Partners Support
50 Waterbury Road #160
Prospect, CT 06712