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.
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:
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:
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.
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;
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: firstname.lastname@example.org
XIV. SERVICE CONTACT
Please direct any questions regarding these Terms and Conditions or violations of same to our customer service department at email@example.com
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