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| | | | | | | INTRODUCTION
This is a legal contract and agreement ("Agreement") between you and the Berne
Apparel Company ("Berne Apparel"). By accessing,
browsing, and using this website ("Site"), you acknowledge that you have read and
understood the terms and conditions of this Agreement. You further agree that
such terms and conditions are and represent a legal contract by which you are
bound.
If for any reason you do not agree with all the terms and conditions of this
Agreement, you should immediately discontinue accessing, browsing and using
this Site. If you breach or fail to comply with the terms and conditions of this
Agreement, your authorization to use this Site automatically terminates.
This Agreement, along with Berne Apparel's
Privacy Policy,
governs your use of the Site. If you purchase any Merchandise using the Site,
there is a separate
Terms and Conditions of Sale
that governs the purchase of Merchandise.
As provided below, Berne Apparel reserves the right, from time to time, to
change this Agreement.
COPYRIGHTS
All material and content on this Site are the property of Berne Apparel or the
original creator and is further protected by United States and international
copyright laws. The material and content that are subject to Berne Apparel's
copyright include, without limitation, text, graphics, logos, and the Berne Apparel catalog.
TRADEMARKS
Berne Apparel owns certain registered and unregistered trademarks and service marks.
Trademarks and service marks that appear on this Site may be registered and
unregistered trademarks of others. Your use of the Site or the display of
trademarks and service marks on this Site do not grant to you any ownership in
or license or right to use any trademarks or service marks displayed in the Site
and you are prohibited from copying or using any such trademarks, subject to
the following: In a manner that may be agreed to by Berne Apparel from time to
time, you may be allowed to use Berne Apparel's trademarks and service marks
for purposes of re-selling, promoting, or advertising Merchandise.
LIMITED LICENSE OF ACCESS AND USE
Berne Apparel grants to you a limited license to access and use this Site for
purposes of reviewing Berne Apparel's catalog, and if you are an approved
customer, purchasing Merchandise on the Site. Other than and limited to
purchasing Merchandise through this Site, you are prohibited from distributing,
copying, displaying, republishing, or transmitting any material or content on
this Site for commercial use. Any unauthorized use of material and content on
this Site may violate relevant trademark and copyright laws.
LINKS TO THIRD PARTY SITES
Links to third party sites on this Site are provided solely as a convenience to
you. Berne Apparel does not control and is not responsible for any of these
sites, their content or their policies, including without limitation, privacy
policies or lack thereof. Berne Apparel does not endorse or make any
representation about third party sites or any information on products and
materials found therein. You acknowledge and agree that Berne Apparel is not
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by, or in connection with, your use of or reliance on any
such third party sites.
"AS IS" DISCLAIMER OF WARRANTIES
This Site is provided "As-Is" without warranties of any kind, either express or
implied. Berne Apparel disclaims all warranties, express or implied, including,
but not limited to, Implied Warranties of Merchantability, Fitness For a
Particular Purpose, data accuracy, system integration, and informational content.
Berne Apparel does not warrant or make any representations regarding the
operation of this Site or the validity, accuracy, or reliability of, or the
results of the use of the materials on this Site or any other sites linked to
this Site. The materials of this Site may be out of date, and Berne Apparel
makes no commitment to update the materials at this Site. Berne Apparel does not
guarantee or warrant that the files available for downloading from this Site,
if any, will be free from viruses, worms, Trojan horses, or other code that
manifest contaminating or destructive properties. Berne Apparel does not warrant
that this Site, software, materials, products, or services will be uninterrupted
or error-free or that any defects in this Site, software, materials, products,
or services will be corrected.
LIMITATION OF LIABILITY
In no event will Berne Apparel, its suppliers or other third parties
mentioned at or in this Site be liable for any damages, including, without
limitation direct, indirect, special, incidental, consequential damages,
damages resulting from lost profits, lost data or business interruption arising
out of relating to the use, or inability to use this Site, any websites linked
to this Site, whether based on warranty, contracts, statutes, regulations, tort
(including but not limited to, negligence) or any other legal theory. If
your use of the materials or information from this Site results in the need for
servicing, repair or correction of equipment or data, you assume all costs
thereof. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
CHANGES TO THIS AGREEMENT
Berne Apparel may change this Agreement at any time without notice by updating
this Site. By using this Site you agree to be bound by any such changes and
should therefore periodically visit this Site and page to determine the then
current terms and conditions of use to which you are bound.
TRANSMISSIONS
Subject to the Berne Apparel Privacy Policy, any material, information or idea
you transmit to or post on this Site by any means will be treated as
non-confidential and non-proprietary and may be disseminated or used by Berne
Apparel or its affiliates for any purpose whatsoever, including, but not limited
to, developing, manufacturing and marketing products. You are prohibited from
posting or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane
material, or any other material that could give rise to any civil or criminal
liability under domestic and international law.
APPLICABLE LAWS & VENUE
If any provision(s) of this Agreement is held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect. Berne Apparel's failure to
exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or provision. This Agreement may be assigned
in whole or in part by Berne Apparel. This Agreement may not be assigned in any
manner by you without the express, prior permission of Berne Apparel. This
Agreement shall be governed by and construed in accordance with the laws of the
State of Indiana notwithstanding any conflict of laws provisions. You
irrevocably and unconditionally (i) consent to submit to the exclusive
jurisdiction of the state and federal courts in the County of Allen, Indiana
(the "Indiana Courts") for any litigation or dispute arising out of or relating
to this Agreement, (ii) agree not to commence any litigation arising out of
relating to this Agreement except in the Indiana Courts, and (iii) agree not to
plead or claim that such litigation brought therein has been brought in an
inconvenient forum.
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COPYRIGHT 2008 THE BERNE APPAREL CORPORATION
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