Terms of Service
The following terms and conditions govern all use of the berniethebull.com website and all content, services and products contained herein. The website is owned and operated by berniethebull.com. Berniethebull.com is offered without modification of all of the terms and conditions contained herein and all other operating rules and policies without limitation.
By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you should leave the website and do not use any services. If these terms and conditions are considered an offer by berniethebull.com, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old, unless under the guidance and consent of a parent or legal guardian.
- Information Handling. By submitting information to berniethebull.com for inclusion on the product or service you are ordering, you grant berniethebull.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the information for the purpose of creating, displaying, distributing your desired product. This information may be used to promote Bernie the Bull, berniethebull.com or “Bernie Gets Bullied”, and its products and services. Data related to minors or that deemed personal or sensitive will not be used for promotional purposes. If you delete information, berniethebull.com will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, berniethebull.com has the right (though not the obligation) to, in berniethebull.com’s sole discretion (i) refuse or remove any content that, in berniethebull.com’s reasonable opinion, violates any berniethebull.com policy or is in any way harmful or objectionable, or (ii) terminate access to and use of the website to any individual or entity for any reason, in berniethebull.com’s sole discretion.
- Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Copyright Infringement and DMCA Policy. Berniethebull.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by berniethebull.com violates your copyright, you are encouraged to notify berniethebull.com. Berniethebull.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Berniethebull.com owns the rights to all designs and images that appear on this website. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of berniethebull.com or others, berniethebull.com may, in its discretion, terminate or deny access to and use of the website. In the case of such termination, berniethebull.com will have no obligation to provide a refund of any amounts previously paid to berniethebull.com.
- Intellectual Property. This agreement does not transfer from berniethebull.com to you any berniethebull.com or third party intellectual property, and all rights, title and interest in and to such property will remain (as between the parties) solely with berniethebull.com and Jeremy J.G. Serls. All of the designs represented here, Bernie the Bull, berniethebull.com, “Bernie Gets Bullied”, and all other trademarks, service marks, graphics and logos used in connection with berniethebull.com, and/or the website are trademarks or registered trademarks of berniethebull.com or berniethebull.com, Bernie the Bull or “Bernie Gets Bullied” licencors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any of berniethebull.com’s or third-party trademarks.
- Changes. Berniethebull.com reserves the right, at its sole discretion, to modify or replace any part of this agreement. You should check this agreement periodically for changes. Your continued use of or access to berniethebull.com following the posting of any changes to this agreement constitutes acceptance of those changes. Berniethebull.com may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
- Termination. Berniethebull.com may restrict or terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your berniethebull.com account (if you have one), you may simply discontinue using the website. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. This website is provided “as is”. Berniethebull.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Berniethebull.com and its suppliers and licensors, do not make any warranty that the website will be error free or that access will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
- Limitation of Liability. In no event will berniethebull.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to berniethebull.com under this agreement during the twelve (12) month period prior to the cause of action. Berniethebull.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless berniethebull.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this agreement.
- Miscellaneous. This agreement constitutes the entire agreement between berniethebull.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of berniethebull.com, or from the posting by berniethebull.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this agreement, any access to or use of the website will be governed by the laws of the state of Pennsylvania, York County, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in York County, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with local Arbitration Rules. The arbitration shall take place in York or Harrisburg, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by its terms and conditions; Berniethebull.com may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Berniethebull.com is operated, controlled and administered entirely in the state of Pennsylvania. These statements and policies are not intended to create any contractual or other legal rights on behalf of any party.