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.
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.
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.