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By accessing any area of www.bermanglass.com (Website) the user acknowledges this notice and agrees to the terms and conditions below. This Website and associated electronic publications are owned and operated by Berman Glass editions or its successors. Except where otherwise specified the contents of this Website are subject to intellectual property rights including copyrights and trademarks held by Berman Glass editions. All rights are reserved.
Users should review our privacy policy, by which they agree to be bound as a condition of visiting our Website. Users visiting this Website or sending e-mails to us are communicating with us electronically. Users consent to receive communications from us electronically. Users agree that all agreements, notices, disclosures and other communications that we provide to them electronically satisfy any and all legal requirement that such communications be in writing. Users agree not to use this site to submit, transmit or otherwise make available in any manner, including, but not limited to, sending a message card in conjunction with an order, any content (1) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (2) that infringes the intellectual property rights of any party or (3) which contains a chain letter or constitutes any form of mass mailing. Users may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Though bermanglass.com does not regularly review content user submit to this site, we reserve the right to edit such content in any way and to refuse to process any orders including content that violates these Terms of Use or that we find objectionable for any or no reason. Users represent and warrant that they possess all necessary rights to use the content that they submit to this site and that use of such content does not violate these Terms of Use. Users agree to defend, indemnify, and hold bermanglass.com harmless from and against any and all claims arising out of or relating to any content that they submit to this site. By submitting content to this site, users automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that bermanglass.com deems appropriate, in its sole and exclusive discretion, consistent with Berman Glass editions' privacy policy. Berman Glass editions grants its users a limited, revocable, nonexclusive license to access and make personal use of this Website as a user of bermanglass.com; however, users are not permitted to download (other than page caching) or modify the Website or its contents, or any portion thereof, without the prior written consent of Berman Glass editions. This licence does not include any resale or commercial use of this Website or commercial use of its contents, or any portion thereof; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots or similar data gathering and extraction tools. This Website, in whole or in part, may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the prior written consent of Berman Glass editions. Users may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or forms) of bermanglass.com or our affiliates without Berman Glass editions' prior written consent. Customer may not use any meta tags or any other "hidden text" utilizing Berman Glass editions name or trademarks without the prior written consent of Berman Glass editions. Any use of this Website or its contents that is not expressly authorized herein is prohibited and immediately terminates the license granted herein by Berman Glass editions. User may not create any link to use any Berman Glass editions logo or other proprietary graphic or trademark as part of the link without Berman Glass editions' prior written permission. Disclaimer of Warranties and Limitations of Liability BERMAN GLASS EDITIONS WARRANTS THAT THE PRODUCTS PROVIDED ON THIS WEBSITE WILL CONFORM SUBSTANTIALLY TO THE CORRESPONDING DESCRIPTIONS ON THE WEBSITE WHEN ORDERED. EXCEPT FOR THE WARRANTY IN THE IMMEDIATELY PRECEDING SENTENCE, BERMANGLASS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, AND CUSTOMERS EXPRESSLY AGREE THAT THEIR USE OF THIS WEBSITE IS OTHERWISE AT THEIR SOLE RISK. THEIR SOLE REMEDY FOR BREACH OF THE WARRANTY CONTAINED IN THIS PARAGRAPH IS RETURN FOR REFUND OR CONFORMING REPLACEMENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BERMAN GLASS EDITIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY AND QUIET ENJOYMENT. BERMANGLASS.COM DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BERMANGLASS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COPIERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A CUSTOMER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO THIS CUSTOMER, AND THE CUSTOMER MIGHT HAVE ADDITIONAL RIGHTS. By visiting this Website, users agree that the law of the province of British Columbia, without regard to principles of conflict of laws, will govern this Terms and Conditions of Use agreement and any dispute of any sort that might arise between them and Berman Glass editions relating to that agreement. Users agree and hereby submit to the exclusive jurisdiction and venue of the governing courts and acknowledges that the user does so voluntarily and is responsible for complying with local laws. Site Policies and Modifications It is recommended that users review all our other policies - such as our privacy policy - posted on this site. These policies also govern the visit to bermanglass.com. We reserve the right to make changes to our Website, policies and this Terms and Conditions of Use agreement at any time and in our sole discretion; therefore, users should review those policies, terms and conditions each time they visit the site. Customer's continued use of this Website after we make any such changes constitutes their binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition. Berman Glass editions can revise the terms and conditions of the Website at any time by updating this posting. Last updated: December 20, 2004 |
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