Terms & Conditions

I. AGREEMENT BETWEEN USER AND THE CONVERTIBLE CASTLE, INC. d/b/a BERNIE & PHYL'S FURNITURE

The Bernie & Phyl's Furniture website, www.bernieandphylsfurniture.com (the “Web Site”), is comprised of various web pages operated by The Convertible Castle, Inc. d/b/a Bernie & Phyl's Furniture (“Bernie & Phyl’s”). The Web Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. By accessing and browsing the Web Site, you accept, without limitation or qualification, the following Terms and Conditions and acknowledge that any other contrary agreements between you and Bernie & Phyl’s Furniture are of no force and effect.

II. MODIFICATION OF THE TERMS AND CONDITIONS OF USE

Bernie & Phyl's Furniture reserves the right to change the terms, conditions, and notices under which the Web Site is offered, including, but not limited to, the charges associated with the use of the Bernie & Phyl's Furniture Web Site.

III. CONTENT

Bernie & Phyl’s Furniture presents the information on the Web Site as a service to its customers and other internet users. Bernie & Phyl’s Furniture makes no warranty, express or implied, or guarantee concerning the accuracy or reliability of the Web Site or other sites to which the Web Site links.

IV. TYPOGRAPHICAL ERRORS

Bernie & Phyl's Furniture makes every effort to include accurate and up-to-date information on the Web Site. However, in the event merchandise is listed at an incorrect price or with incorrect information due to typographical error, inadvertence, or error in pricing or product information received from our suppliers, Bernie & Phyl's Furniture shall have the right to refuse or cancel any orders placed for merchandise listed with incorrect information. Bernie & Phyl's Furniture shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for purchases and your order is cancelled, Bernie & Phyl's Furniture shall issue a credit to your credit card account in the amount of the charge.

V. SALES TAX

Bernie & Phyl's Furniture shall automatically charge and withhold the applicable state sales tax for orders delivered to addresses within Massachusetts and Rhode Island.

VI. LINKS TO THIRD PARTY SITES

The Web Site may contain links to other web sites (each a “Linked Site” and collectively, the "Linked Sites"). The Linked Sites are not under the control of Bernie & Phyl's Furniture and Bernie & Phyl's Furniture is not responsible for the contents of any of the Linked Sites, including without limitation any link contained in any of the Linked Sites, or any changes or updates to a Linked Site. Bernie & Phyl's Furniture is not responsible for webcasting or any other form of transmission received from any Linked Site. Bernie & Phyl's Furniture provides these links to you only as a convenience to the users of the Web Site, and the inclusion of any link does not imply endorsement by Bernie & Phyl's Furniture of the site or any association with its operators.

VII. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Web Site, you warrant to Bernie & Phyl's Furniture that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

VIII. USE OF COMMUNICATION SERVICES

The Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (each, a “Communication Service,” and collectively, the "Communication Services"). Use of the Web Site is expressly conditioned on your agreement to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. Without limiting the foregoing, you agree that when using a Communication Service, you will not:

  • upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive or another’s privacy, hateful, or racially, ethically, or otherwise objectionable;
  • harm minors in any way;
  • impersonate any person or entity, including, without limitation, a Bernie & Phyl’s Furniture representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
  • upload, post, email, transmit or otherwise make available any content that you do not have the right to make available under any law or other contractual or fiduciary relationships;
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (collectively, “Rights”) of any person or entity;
  • upload, post, email, transmit or otherwise make available any content that in any way constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any content that contains software viruses or any other computer code or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
  • interfere with or disrupt the Communication Services or servers or networks connected to or utilizing the Communication Services, or disobey any requirements, procedures, policies or regulations or networks connected to the Communication Services;
  • intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;
  • provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the government of the United States of America as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
  • stalk or otherwise harass another;
  • collect or store personal data about other users of the Web Site including, without limitation, in connection with the prohibited conduct and activities set forth herein; and
  • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

You understand and agree that Bernie & Phyl's Furniture has no obligation to monitor the Communication Services. However, Bernie & Phyl's Furniture reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bernie & Phyl's Furniture reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Bernie & Phyl's Furniture reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bernie & Phyl's Furniture 's sole discretion.Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bernie & Phyl's Furniture does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bernie & Phyl's Furniture specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bernie & Phyl's Furniture spokespersons, and their views do not necessarily reflect those of Bernie & Phyl's Furniture. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

IX. MATERIALS PROVIDED TO BERNIE & PHYL'S FURNITURE OR POSTED ON WEB SITE

Bernie & Phyl's Furniture does not claim ownership of the materials you provide to Bernie & Phyl's Furniture including feedback and suggestions or post, upload, input or submit to the Web Site or its associated services (each a “Submission” and, collectively the "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bernie & Phyl's Furniture, its affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You understand, acknowledge and agree that no compensation will be paid with respect to the use of your Submission, as provided herein. Bernie & Phyl's Furniture is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bernie & Phyl's Furniture's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

X. DISCLAIMERS OF WARRANTIES

You expressly understand and agree that:

  • YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. BERNIE & PHYL’S FURNITURE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
  • BERNIE & PHYL’S FURNITURE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE WEB SITE WILL BE CORRECTED;
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL;
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BERNIE & PHYL’S FURNITURE OR THROUGH OR FROM THE COMMUNICATION SERVICES OR WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN; AND
  • A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEB SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEB SITE. IMMEDIATELY DISCONTINUE USE OF THE WEB SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEB SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

XI. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BERNIE & PHYL’S FURNITURE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BERNIE & PHYL’S FURNITURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BERNIE & PHYL'S FURNITURE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

XII. TRADEMARK INFORMATION

You agree that all of Bernie & Phyl’s Furniture’s trademarks, trade names, service marks and other Bernie & Phyl’s Furniture logos and brand features, and product and service names are trademarks and the property of The Convertible Castle, Inc. (collectively, the "Bernie & Phyl’s Furniture Marks"). Without Bernie & Phyl’s Furniture’s prior permission, you agree not to display or use in any manner the Bernie & Phyl’s Furniture Marks.

All contents of the Web Site are: Copyright © 2000-2015 The Convertible Castle, Inc. d/b/a Bernie & Phyl’s Furniture. Any rights not expressly granted herein are reserved.

XIII. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Bernie & Phyl’s Furniture respects the intellectual property of others, and we ask our users to do the same. Bernie & Phyl’s Furniture may, in appropriate circumstances and at its discretion, disable and/or terminate the access to the Web Site of users who may be repeat infringers. 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 provide Bernie & Phyl’s Furniture’s customer service representatives the following information:

A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Web Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Bernie & Phyl’s Furniture's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent
Bernie & Phyl’s Furniture
308 E. Main Street
Norton, MA 02766

By phone: (800) 244-9350

By email: [email protected]

XIV. SERVICE CONTACT

Please direct any questions regarding these Terms and Conditions or violations of same to our customer service department at [email protected]

XV. TERMINATION/ACCESS RESTRICTION

Bernie & Phyl's Furniture reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.

XVI. GENERAL PROVISIONS

  • To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Bristol County, Massachusetts, U.S.A., or applicable U.S. District Court sitting in Massachusetts for all disputes arising out of or relating to these Terms and Conditions and/or the use of the Web Site.
  • Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
  • You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bernie & Phyl's Furniture as a result of this agreement or use of the Web Site.
  • Bernie & Phyl's Furniture's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bernie & Phyl's Furniture's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by Bernie & Phyl's Furniture with respect to such use.
  • If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the this agreement shall continue in effect.
  • Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bernie & Phyl's Furniture with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bernie & Phyl's Furniture with respect to the Web Site.
  • A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • It is the express wish to the parties that this agreement and all related documents be drawn up in English.

TERMS & CONDITIONS

 

I. AGREEMENT BETWEEN USER AND THE CONVERTIBLE CASTLE, INC. d/b/a BERNIE & PHYL'S FURNITURE

The Bernie & Phyl's Furniture website, available at www.bernieandphyls.com and www.bernieandphylsfurniture.com (the “Web Site”), is comprised of various web pages operated by The Convertible Castle, Inc. d/b/a Bernie & Phyl's Furniture (“Bernie & Phyl’s,” “us,” “we” or “our”). The Web Site and any related services that Bernie & Phyl’s provides to you (collectively with the Web Site, the “Services”) are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms and Conditions”), as well as the Bernie & Phyl’s Privacy Notice  and any other terms and conditions that may appear elsewhere on the Web Site or that may otherwise be provided through our Services, all of which are hereby incorporated by reference (collectively, the “Agreement”). The Agreement, including these Terms and Conditions, constitute a legal contract between you and Bernie & Phyl’s and govern your access to and use of the Web Site as well as any related products or other Bernie & Phyl’s Services. 

IMPORTANT, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By clicking any box or button or taking any other action indicating your acceptance of these Terms and Conditions, or by accessing, browsing or using the Web Site, together with any related products, our Services and any associated software, you acknowledge that you have read, understand, accept, and agree to be bound, without limitation or qualification, by the following Terms and Conditions and acknowledge that any other contrary agreements between you and Bernie & Phyl’s are of no force and effect. If you do not agree to these Terms and Conditions or any other part of the Agreement, you are not authorized to use the Web Site or any related Services. By accessing the Web Site or using our other Services, you represent and warrant that your are at least eighteen (18) years of age. The Services are not available to anyone who is not legally eligible to be bound by these Terms and Conditions or the rest of the Agreement. Do not use the Services if you are unwilling or unable to be bound by this Agreement. 

Bernie & Phyl’s may provide specialized promotions and other offerings through the Services that could have additional terms, rules or conditions. If any portion of these Terms and Conditions conflict with the special terms or rules for any such promotional offering, the conflicting portion of the special terms or rules will govern for that specific portion of the promotional offering unless stated otherwise.

II. MODIFICATIONS 

Bernie & Phyl's reserves the right to change the Web Site and any related Services, these Terms and Conditions, and the Privacy Notice under which the Web Site is offered, including, but not limited to, the charges associated with the use of the Bernie & Phyl's Web Site. Each time you use the Web Site and/or our Services, you should visit and review the then current version of the Agreement, including our Privacy Notice. By continuing to use the Services after any changes to this Agreement are made, you agree to be bound by such amended Agreement and/or Privacy Notice. If you are dissatisfied with the Services, including without limitation the content or information on our Web Site, or the terms of this Agreement or the Privacy Notice, you agree that your sole and exclusive remedy is to discontinue using the Services. 

III. LIMITED LICENSE TO USE THE WEB SITE AND ITS CONTENT

The intended purposes of the Web Site is to provide information about our store locations and our related Services, and to process orders and purchases directed to our products. Any content, information or materials made available on the Web Site or through our other Services are provided for informational or transactional purposes only. You agree that you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking approval from Bernie & Phyl’s. You may not use any content available through the Services to establish any independent data files, databases, compendiums, or any other reference materials.

Bernie & Phyl’s hereby grants you a revocable, limited, and nonexclusive right and license to use and access the Services (including any underlying software) in a manner that is consistent with the other terms in this Agreement and the Services’ intended purposes. Bernie & Phyl’s reserves the right to terminate this license for any or no reason and at any time without notice to you, including without limitation, for breach of any term contained in this Agreement. 

Bernie & Phyl’s presents the content, information and materials on the Web Site as a service to its customers and other internet users. Bernie & Phyl’s makes no warranty or guarantee, express or implied, concerning the accuracy or reliability of the Web Site or other sites to which the Web Site links.

IV. INCORRECT INFORMATION OR ERRORS

Bernie & Phyl's makes every effort to provide accurate and up-to-date information on the Web Site and through our other Services. However, Bernie & Phyl’s does not warrant that any content available through the Services will be accurate or reliable, and does not guarantee that reliance on any information or content available through the Services will be entirely without defect. Further, any and all content or products offered on or through the Services are subject to availability .

In the event merchandise is listed at an incorrect price or with incorrect information due to typographical error, inadvertence, or error in pricing or product information received from our suppliers, Bernie & Phyl's shall have the right to refuse or cancel any orders placed for merchandise listed with incorrect information. Bernie & Phyl's shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for purchases and your order is cancelled, Bernie & Phyl's shall issue a credit to your credit card account in the amount of the charge.

V. SALES AND PAYMENT TERMS; TAXES

You may be able to place orders for products available on the Web Site or through other Services we provide. When you make a purchase, we may require certain personal information and payment method information in order to complete your purchase. We may share such information with our third-party payment service providers. You agree to make all applicable payments in connection with any order you place. By placing an order through the Services, you agree that: (1) any credit card, debit card or other payment method information supplied by you is true and complete; and (2) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. Any products you purchase on or through the Services are for personal or gift use and not for commercial use.

Bernie & Phyl’s can withdraw products from being offered through the Services at any time and for any reason. Prices listed through the Services are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes. Such charges and taxes will be communicated to you before you place an order, and you are responsible for paying such charges and taxes. You agree to indemnify and hold Bernie & Phyl’s harmless from and against any liabilities, interest, penalties, or fees assessed against you or Bernie & Phyl’s arising from or related to your failure to pay any such taxes. All prices are subject to change at any time. Purchases made through the Services are not intended for resale.

All orders are subject to acceptance by Bernie & Phyl’s. Bernie & Phyl’s reserves the right not to accept your order for any reason or no reason. Bernie & Phyl’s reserves the right to restrict multiple quantities of a product being shipped to any one customer or postal address.

Bernie & Phyl’s or our third-party service providers will pack ordered products in accordance with standard practices. You may be able to choose the method of shipment and timing of delivery for products ordered and will be charged shipping and handling charges accordingly. You acknowledge that all scheduled shipment dates are estimates only. Bernie & Phyl’s will make reasonable efforts to meet the scheduled shipment dates, but in no event will Bernie & Phyl’s be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery .

If you register or maintain an account for the Services, continued access to your account may be conditioned on you maintaining a fully paid up subscription, if applicable. Access to your account may be suspended or terminated in the event your account becomes inactive or for any other violation of the terms of this Agreement.

More information about delivery and in-store pickup options is available at https://www.bernieandphyls.com/delivery-and-pickup.html. For information about how Bernie & Phyl’s handles requests for returns, cancellations, and/or refunds (as available) please see Bernie & Phyl’s Return Policy at https://www.bernieandphyls.com/return-policy.html. 

Bernie & Phyl's shall automatically charge and withhold the applicable state sales tax for orders delivered to addresses within Massachusetts and Rhode Island.

VI. LINKS TO THIRD PARTY SITES

The Web Site may contain links to other external, third-party web sites (each a “Linked Site” and collectively, the "Linked Sites"). The Linked Sites are not owned by or under the control of Bernie & Phyl's, and Bernie & Phyl's is not responsible for the contents of any of the Linked Sites, including without limitation any product or service advertised or other links contained in any of the Linked Sites, or any changes or updates to any Linked Sites. Bernie & Phyl's is not responsible for webcasting, or any other form of transmission received from any Linked Sites. Bernie & Phyl's provides these links to you only as a convenience to the users of the Web Site, and the inclusion of any link does not imply endorsement by Bernie & Phyl's of the Linked Sites or any association with its operators. You access and use any Linked Sites at your own risk. Bernie & Phyl’s does not endorse any Linked Sites or any products or services promoted or made available on or through such Linked Sites. If you access or use any Linked Sites, you will be subject to the terms and conditions, privacy policy, or other terms or policies applicable to those Linked Sites. You should review the privacy policies and terms and conditions for any such Linked Sites before using them.

Bernie & Phyl’s may also allow interaction between our Services and other third-party Linked Sites such as Facebook, Instagram, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins available through the Services that, when used, may allow you to share content from our Services with other persons on or through the third-party Linked Sites or elsewhere. If you use any of the social media links or buttons available through the Services, Bernie & Phyl’s is not responsible for any harm to you as a result of using one of the interaction functions provided by these social media platforms or other third-party Linked Sites.

VII. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you warrant to Bernie & Phyl's that you will not use the Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

Use of the Services is expressly conditioned on your agreement to only post, send and receive messages and materials that are proper and related to the Services. Without limiting the foregoing, you agree that when using the Web Site or our other Services, you will not:

discuss, incite, or promote illegal activity;
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, without limitation, a Bernie & Phyl’s representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
upload, post, email, transmit or otherwise make available any content that you do not have the right to make available under any law or other contractual or fiduciary relationships;
upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
upload, post, email, transmit or otherwise make available any content that in any way constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
upload, post, email, transmit or otherwise make available any content that contains software viruses or any other computer code or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
upload or post anything that imposes an unreasonable or disproportionately large strain on Bernie & Phyl’s network or computer infrastructure;
interfere with or disrupt the Services or any servers or networks connected to or utilizing the Services, or disobey any requirements, procedures, policies or regulations or networks connected to the Services;
engage in any behavior that attempts to hack into or gain unauthorized access to protected areas of the Services or our computers, servers or networks, or to any computers or systems used by other users of the Services;
make attempts to defeat or circumvent security features, or to use the Services for any purpose other than their intended purposes;
intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;
provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the government of the United States of America as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act;
stalk or otherwise harass another person;
use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Services;
collect or store Personal Information (defined below) about other users of the Web Site or Services including, without limitation, in connection with the prohibited conduct and activities set forth herein; and
advertise or offer to sell or buy any goods or services for any business purpose, unless the applicable Services specifically allow for such messages.
The previous list of prohibitions is not exclusive. Bernie & Phyl's reserves the right to restrict, suspend or terminate this Agreement, your account, and/or your access to any or all of the Services at any time without notice or liability in response to your apparent breach or violation of the foregoing list of prohibitions or any other term in this Agreement, or for any reason whatsoever. Bernie & Phyl's reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bernie & Phyl's sole discretion.

VIII. USER GENERATED CONTENT

Certain parts of the Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group, or to otherwise allow you and other users of the Services the ability to upload or post your own content (“User Generated Content” or "UGC"). Any UGC you and other users of the Services transmit, post or otherwise make available on or through the Services, which includes any comments, photos, videos, ideas or other information, material or content you make available in any form, is made available to Bernie & Phyl’s on a non-proprietary and non-confidential basis. 

By posting, uploading, inputting, providing or submitting any UGC you are granting Bernie & Phyl's, its affiliated companies, and necessary sublicensees and designees permission and a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use your UGC in connection with the operation of Bernie & Phyl’s businesses including, without limitation, the rights to: copy, distribute, transmit, publish, publicly display, publicly perform, reproduce, edit, adapt, translate, create derivative works based on, and reformat your UGC; and to publish your name in connection with your UGC. You further agree that the foregoing rights are granted to Bernie & Phyl’s for the purposes of: (1) displaying and demonstrating the capabilities and functioning of the Services; (2) marketing and advertising Bernie & Phyl’s Services, in any media now known or hereafter developed; and/or (3) for any other purposes to which you consent. You understand, acknowledge and agree that no compensation will be paid with respect to the use of your UGC, as provided herein. You also agree to permit any other user to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.

Bernie & Phyl's is under no obligation to post or use any UGC you may provide, and Bernie & Phyl’s may refuse, alter, edit, disclose, delete or remove any UGC at any time in Bernie & Phyl's sole discretion and for any legitimate purpose, including without limitation, to address any UGC that Bernie & Phyl’s determines is inappropriate or disruptive to the Services or to any other user of the Services. 

By posting, uploading, inputting, providing or submitting your UGC you warrant and represent that you own or otherwise have obtained or control all of the rights to your UGC as described in this section including, without limitation, all the rights, permissions, releases or licenses necessary for you to provide, post, upload, input or submit the UGC. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services. 

You understand and agree that Bernie & Phyl's has no obligation to, and does not represent that it will, monitor the UGC uploaded or posted on or through the Services. However, Bernie & Phyl's reserves the right to review any UGC posted or uploaded on or through the Services and to remove any UGC in its sole discretion. Bernie & Phyl’s reserves the right to comply and cooperate with any and all legal requirements, regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC.  You waive and hold Bernie & Phyl’s harmless from any claims resulting from any action taken by Bernie & Phyl’s during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either Bernie & Phyl’s or law enforcement. 

Always use caution when giving out any personally identifying information, personal data, or personal information, as defined under applicable privacy laws or regulations (“Personal Information”), about yourself or your children in any UGC you provide on or through the Services. You hereby agree that to the extent you include any Personal Information in your UGC, Bernie & Phyl’s may process and disclose such Personal Information as necessary to: (1) fulfill our obligations under this Agreement; (2) comply with any applicable legal obligations; (3) avoid any imminent harm to you or another person; (4) carry out tasks in the public interest; or (5) pursue other legitimate interests as set forth in this Agreement, provided that such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. You agree that you will at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other individuals through the Services.

If you register to create an account through the Web Site or otherwise use the Services, any data or information which you transmit using the Services (collectively, “Account Data”) will not be used by Bernie & Phyl’s except as described in this Agreement or our Privacy Notice. You agree that Bernie & Phyl’s may analyze your Account Data, in combination with the data of other account holders and other users of our Services, to create aggregated and anonymized statistics or data that do not generally identify you and Bernie & Phyl’s may use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement, you shall be solely responsible for providing, updating, uploading and maintaining all of your Account Data. 

Bernie & Phyl's does not control, approve or endorse the content, messages or information found in any UGC and, therefore, Bernie & Phyl's specifically disclaims any liability that may arise with regard to UGC, any act of accessing, browsing, contributing to, or otherwise using UGC, and any actions resulting from your participation in or interpretation of any UGC. Managers and hosts are not authorized Bernie & Phyl's spokespersons, and their views do not necessarily reflect those of Bernie & Phyl's. Materials uploaded through UGC may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download any UGC.

In accordance with 47 U.S.C. § 230, you should be aware that there are content control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist you in limiting access to UGC or other material that is harmful to individuals below a certain age. Examples of some of these protection services include Qustodio, Net Nanny and Mobicip. Please note that Bernie & Phyl’s in no way endorses or is responsible for these services.

IX. ACCESSIBILITY

Bernie & Phyl’s is working to maintain the accessibility and usability of the Web Site. It is important to note that the Web Site’s accessibility efforts are ongoing as we work to implement improvements consistent with the Web Content Accessibility Guidelines over time. 

For assistance in better understanding the content of this page or any other page on this Web Site, please call 1-800-244-9350 during 9 AM to 5 PM Eastern Time. If you would prefer to provide feedback by email, please write to us at [email protected]  and be sure to specify the webpage where you may be having issues relating to assistive technology such as screen readers, so that we can look into making that page more accessible.

X. DISCLAIMERS OF WARRANTIES

You expressly understand and agree that, to the extent permitted by law:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. BERNIE & PHYL’S, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS AND LICENSORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES (COLLECTIVELY, THE “DISCLAIMING PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
THE DISCLAIMING PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED;
THE DISCLAIMING PARTIES DO NOT WARRANT THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILARLY CONTAMINATING OR DESTRUCTIVE FEATURES; 
ANY BERNIE & PHYL’S CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR THE SERVICING OR REPLACING OF EQUIPMENT OR DATA, THEN THE DISCLAIMING PARTIES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR DOWNLOAD OF ANY SUCH MATERIAL; AND
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BERNIE & PHYL’S OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
IN ADDITION TO THE ABOVE, A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEB SITE OR OUR OTHER SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEB SITE OR OUR OTHER SERVICES. IMMEDIATELY DISCONTINUE USE OF THE WEB SITE OR OTHER SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEB SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

XI. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BERNIE & PHYL’S AND THE OTHER DISCLAIMING PARTIES, DESCRIBED ABOVE, SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BERNIE & PHYL’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE THIRD-PARTY GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA PROVIDED ON OR THROUGH THE SERVICES; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY LINKED SITES ACCESSED THROUGH THE SERVICES. THE TOTAL AGGREGATE LIABILITY OF ANY DISCLAIMING PARTY TO ANY USER OF THE SERVICES FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT THE APPLICABLE USER PAID TO THE DISCLAIMING PARTY(IES) FOR THE APPLICABLE SERVICES OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE DISCLAIMING PARTIES TO ANY USER OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BERNIE & PHYL'S WEB SITE, OUR OTHER SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS OR OTHER COMPONENTS OF THIS AGREEMENT, INCLUDING OUR PRIVACY NOTICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE AND BERNIE & PHYL’S OTHER SERVICES.

XII. INDEMNIFICATION

You agree to defend, indemnify, and hold the Disclaiming Parties harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that any of the Disclaiming Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Services, your breach of this Agreement, the use of the Services by any person using your computer, device, or account, if applicable, and/or your violation of any applicable law or regulation. Your indemnification obligations shall survive the termination of this Agreement.

XIII. INTELLECTUAL PROPERTY RIGHTS

Other than any exceptions that may be referenced in this Agreement, all content appearing on the Web Site including, but not limited to, graphics, text, documents, data, design, buttons, names, marks, logos, images, video, audio, icons, software and its underlying code, domain names, as well as the color selection, assembly, and arrangement of Web Site content, or any other related electronic content or files (collectively “Bernie & Phyl’s Content”) are the sole property of Bernie & Phyl’s or its suppliers and/or licensors, and are protected by U.S. and international copyright, trademark, and other applicable intellectual property laws. 

Any use of Bernie & Phyl’s Content that is not consistent with the intended purpose of the Services, including any modification, reproduction, republication, uploading, posting, transmission, reverse engineering, creation of derivative works, or distribution in any form or by any means without Bernie & Phyl's prior written consent, is strictly prohibited, except you may print out one copy of each page on the Web Site solely for personal, non-commercial use. No other use is permitted without Bernie & Phyl’s prior written consent. You may not sell, transfer, assign, license or sublicense any Bernie & Phyl’s Content. The use or posting of any Bernie & Phyl’s Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. 

If you violate any part of this Agreement, your right to access and/or use the Bernie & Phyl’s Content and the Services shall automatically terminate and you shall immediately destroy any copies you have made of Bernie & Phyl’s Content. Bernie & Phyl’s Content protected by this Agreement includes, without limitation, certain third-party copyrighted images made available on or through the Services. You acknowledge that you have no rights in such third-party Bernie & Phyl’s Content. Unauthorized use of any Bernie & Phyl’s Content may result in violation of copyright, trademark, and other intellectual property rights or protections available under applicable law. You acknowledge that no right, title or interest in any of the Bernie & Phyl’s Content is transferred to you as a result of you accessing, downloading or printing any Bernie & Phyl’s Content from the Web Site. Any approved use of Bernie & Phyl’s Content must display the appropriate copyright, trademark and other proprietary notices. All software used on or through the Services is the sole property of Bernie & Phyl’s or those supplying or licensing the software.

You acknowledge that you have no right, title, or interest in or to the Services or any Bernie & Phyl’s Content.

You agree that all of Bernie & Phyl’s trademarks, trade names, service marks and other Bernie & Phyl’s logos, designs, graphics and brand features, as well as product and service names, are trademarks and the property of The Convertible Castle, Inc. (collectively, the "Bernie & Phyl’s Marks"). Without Bernie & Phyl’s prior permission, you agree not to display or use in any manner the Bernie & Phyl’s Marks.

Unless stated otherwise, all contents of the Web Site and any related Services are: Copyright © 2000-2023 The Convertible Castle, Inc. d/b/a Bernie & Phyl’s Furniture. There may be other content on the Web Site or Services not owned by Bernie & Phyl’s, and you should respect those property rights as well. Any rights not expressly granted herein are reserved to Bernie & Phyl’s.

XIV. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Bernie & Phyl’s respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Web Site infringe your copyright, you (or your agent) may send Bernie & Phyl’s a notice requesting that the material be removed, or that access to it be blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see https://copyright.gov/ for details). 

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 in content that was uploaded, posted, or is otherwise available through the Services, please provide Bernie & Phyl’s customer service representatives with the following information (under the DMCA, official notices must include all of the following details):

·      an electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

an identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple works at a single online location are covered by a single notice, a representative list of such works at such location;
a description of the material that is claim 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 Bernie & Phyl’s to locate the material, such as its URL;
information reasonably sufficient to permit Bernie & Phyl’s to contact you as the complaining party, such as your address, telephone number, and, if available, an email address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement, made under penalty of perjury, that the information in the notice is accurate and that the complaining party is the copyright or intellectual property owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Bernie & Phyl’s agent for notices (and counter-notices) of claims of copyright or other intellectual property infringement claims can be reached as follows:

By mail: Copyright Agent
Bernie & Phyl’s Furniture
308 E. Main Street
Norton, MA 02766

By phone: (800) 244-9350

By email: [email protected]

Bernie & Phyl’s may, in appropriate circumstances and at its discretion, disable and/or terminate access to the Services of accounts or users who are connected with valid and repeat infringement complaints. 

XV. GEOGRAPHIC LIMITATION AND TERMINATION/ACCESS RESTRICTION

The Services are intended only for users within the U.S. If you use the Services outside the U.S., you are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws. By using the Services, you agree and acknowledge that information about you, including Personal Information, may be transmitted to, processed in and stored in the U.S. 

Bernie & Phyl's reserves the right, in its sole discretion, to terminate your access to the Web Site and the related Services or any portion thereof at any time, without notice.

XVI. GENERAL PROVISIONS

To the maximum extent permitted by law, you agree that this agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to principles of conflict of laws, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of courts in Bristol County, Massachusetts, U.S.A., or applicable U.S. District Court sitting in Massachusetts for all disputes arising out of or relating to these Terms and Conditions or this Agreement, and/or the use of the Services.
You hereby irrevocably and unconditionally consent to waive any objection to the venue of any such litigation in Massachusetts courts, and you agree not to plead or claim in any Massachusetts court that such litigation brought therein has been brought in an inconvenient forum.
Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.
Certain software elements of the Web Site and any related Services may be subject to U.S. export laws and controls, and no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bernie & Phyl's as a result of this Agreement or use of the Services.
Bernie & Phyl's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Bernie & Phyl's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Bernie & Phyl's with respect to such use.
Bernie & Phyl’s failure to enforce any portion of this Agreement is not a waiver of such portion. The proprietary rights and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of this Agreement.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Bernie & Phyl's with respect to the Web Site and any related Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bernie & Phyl's with respect to the Services.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish of the parties that this agreement and all related documents be drawn up in English.
XVII. SERVICE CONTACT

Please direct any questions regarding these Terms and Conditions, other parts of this Agreement, or any violations of the foregoing to our customer service department at [email protected]

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