Acceptance of Terms
The Bernard Group (“we,” “us,” “our,” or “TBG”) requires that all visitors (“you”) to https://thebernardgroup.com/ (the “Site”), agree to all the terms and conditions in this Terms-of-Use Agreement (the “Terms”). By accessing and using the Site, you indicate your acknowledgement, assent to, and acceptance of these Terms, as they may be amended from time to time.
Carefully read these Terms before using the Site. Your access to and use of the Site is conditioned on your acceptance and compliance with these Terms.
THESE TERMS CONSTITUTE A BINDING AGREEMENT. If you do not accept these Terms, you may NOT use the Site or services offered therein. We reserve the right to modify these Terms at any time and will post any changed Terms to the Site and notify you of such changes. We encourage you to check these Terms each time you access the Site. Your continued use of the Site indicates that you agree to the most current version of the Terms posted on the Site.
Use of the Site is void where prohibited. By using the Site, you represent and warrant that (1) all information you submit is truthful and accurate; (2) you are 18 years of age or older; and (3) your use of the Site comports with our policies below, is for a lawful purpose, and does not violate any applicable law or regulation, including privacy and data collection laws. Your use of the Site may be terminated without warning if we believe that you are in violation of any of these Terms.
Who is The Bernard Group?
We are a visual merchandising company serving the needs of some of the most prestigious retailers in the industry. We have a proven ability to consistently execute on complex ideas at the very highest levels, from design to manufacturing. Ranging from printed Point of Purchase displays to retail environments, we offer a vast array of services and custom solutions to create a compelling experience for your clients and customers.
The Site provides you with access to an online collection of information, materials, and services related to TBG and its work, including text, pictures, photographs, audio, video, graphics, logos, marks and images (collectively, “Content”), all of which are subject to these Terms. Unless stated otherwise, any new Content added to the Site, and all revisions, modifications, and enhancements thereof, will be covered by these Terms effective upon the date of each such addition.
By using the Site, you represent and warrant that you are a U.S. resident, are at least 18 years of age, and have the capacity and authority to enter into legally binding agreements, including the authority to be bound by these Terms. The use of the Site and Content by you, or anyone else authorized by you, is prohibited except as allowed by these Terms.
The Bernard Group’s Privacy Notice is part of these Terms, and these Terms include and incorporate by reference our Privacy Notice. Please see our Privacy Notice for details. By accepting these Terms, you agree to abide by the terms of our Privacy Notice.
Conditions of Using Our Services
General Terms and Conditions of Use
Proprietary Materials and Copyright Complaints
We welcome you to our Site, and we invite you to use it within the following rules:
You may use the Site and Content solely for the purposes stated in these Terms.
Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, hyperlink to, promote, frame, download, cache, store for subsequent use, create derivative works from, transfer, or sell any information or Content displayed on or obtained from the Site in any manner, without your receipt of the prior express written authorization of TBG.
The information on the Site, the design and layout of the Site, including the Content, contain elements protected by trade dress, copyright, or other laws, and may not be copied or imitated in whole or in part, except as specifically stated on the Site or in these Terms. All Content materials on and underlying the Site are copyright of TBG or are licensed or otherwise used by us with permission. Except where noted otherwise, all rights to these materials are reserved by TBG or their respective owners. Individuals appearing on the Site do so with permission; names and photographs of individuals may not be copied, downloaded or otherwise used unless expressly permitted in writing by us.
The Site and Content may be changed or updated by us from time to time, without notice. Although we cannot monitor the conduct of users of the Site, it is a violation of these Terms to use the Site or Content or any information obtained therefrom to harass, abuse, or harm another person, or to contact, advertise to, solicit or sell to any person. Any unauthorized use of the Site or Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes.
If you believe that your work has been copied in a way that constitutes infringement of your intellectual property rights, please provide us (address below) with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the 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 intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.
TBG’s agent for notice of claims of intellectual property infringement can be reached as follows by mail or electronic communication:
The Bernard Group
19011 Lake Drive E
Chanhassen, MN 55317
Attn: Retail Marketing Department
Please note that, due to security concerns, attachments will not be accepted. Any notification of infringement submitted electronically with an attachment will not be opened or processed.
Provisions Specifically Applicable to Users
The following provisions are applicable to users that visit the Site.
You promise that:
(1) You currently reside in the United States, are at least 18 years of age, and you are using the Site for a legitimate purpose such as to submit a question or comment to us, because you are interested in utilizing our services; or (3) because you are a current customer of ours.
(2) All information you provide to us through the Site is accurate, and you will promptly update the information to keep it accurate, including but not limited to promptly updating your personal information on the Site; and
(3) You agree, represent, and warrant that, by using the Site or submitting any information through the Site (personal or otherwise), you are in compliance with applicable laws, rules, regulations, and policies, including applicable trademark, copyright, and other intellectual property restrictions. You agree, represent, and warrant that you are authorized to submit any such information and shall take all responsibility and shall assume sole liability for any violation of law, rule, regulation, or policy, including applicable trademark, copyright, and other intellectual property restrictions, caused by your use of the Site, or caused by your submission of any information through the Site (personal or otherwise).
You may only use the Site to make legitimate requests to purchase the products or services offered. You agree to not use the Site for any illegal, speculative, false, or fraudulent purpose. You may not use robots or other automated means to access this Site.
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or its content. You agree not to add to, subtract from, or otherwise modify Site content, or to attempt to access any content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.
We reserve the right to restrict or remove any and all uses or content that we determine in our sole discretion is harmful to our systems, network, reputation, or goodwill, to our customers, or to any third party.
The following non-exhaustive list details the kinds of conduct or activity we prohibit:
- The upload, download, or transmission of any content that would violate, or would facilitate the violation of, any applicable law, regulation, or TBG rule or policy
- The upload, download, or transmission of any content that infringes the intellectual property rights or other proprietary rights of others, including, without limitation, copyright, trademark, patent, or trade secrets
- The upload, download, or transmission of any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable
- The upload, download, or transmission of any harmful content, including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information
- The upload, download, or transmission of any content offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, pyramid schemes)
- The upload, download, or transmission of any domain names, URLs, or hyperlinks
- The use of the Site for commercial purposes such as advertising, promotion, solicitation, or other illegal or illicit activities
- The impersonation of any person or entity or forging of any e-mail communication or any part of a message
Fraudulent users may be prosecuted to the fullest extent of the law.
We take reasonable steps to protect the privacy of any personal information you may submit through the Site, as described in our Privacy Notice.
You agree that any breach by you of any of the above promises, agreements, representations, or warranties may cause TBG and others to suffer irreparable loss, damage and harm in an amount not easily ascertained, and you agree that we may seek immediate legal action against you and that you waive any objection to the scope or venue of such action.
We reserve the right to exclude any User from use of the Site, in our sole discretion. All directions and requirements stated on the Site shall apply to any action taken, representation proffered, or submission made by you through the Site.
You may terminate these Terms by destroying all materials obtained from the Site and stopping all use of the Site. We may terminate these Terms immediately at will for any reason, in our sole judgment and discretion, without warning or prior notice. Upon termination of these Terms, you must destroy all materials obtained from the Site and stop all use of the Site.
To enforce these Terms, or in the event of behavior that we, in our sole discretion, determine to constitute harassment of any person, misconduct, a false or misleading representation, or otherwise rude or inappropriate behavior, we may suspend and/or terminate your access to and use of the Site with or without notice. You understand and agree that we shall be entitled to receive preliminary injunctive relief against you without the necessity of posting bond, along with all other legal and equitable remedies against you with respect to enforcing these Terms.
Disclaimer of Warranties
TBG MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE. TBG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND/ OR ANY SERVICES FURNISHED OR TO BE FURNISHED VIA THE SITE. TBG DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES PERFORMED IN ASSOCIATION WITH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES OFFERED IN CONNECTION WITH THE SITE WILL BE CORRECTED. UNLESS OTHERWISE PROVIDED, THE SITE AND SERVICES OFFERED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Disclaimer and Limitation of Liability
IN NO EVENT SHALL TBG, ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, OR ANY OF THE PRECEDING’S DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE OR THE SERVICES OFFERED IN CONNECTION WITH THE SITE BE LIABLE FOR ANY LOSS OF PROFITS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, DAMAGES OR LOSS OF PRODUCTS, USE OF DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OF ANY OF THE SITE, SERVICES, OR ANY LINKED SITE (AS DEFINED BELOW), OR INABILITY TO USE THE SITE, SERVICES OFFERED IN CONNECTION THEREWITH, OR CONTENT.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, TBG’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE OR ITS CORRESPONDING SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE TBG, ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, OR ANY OF THE PRECEDING’S DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE OR THE SERVICES OFFERED. IN ADDITION, YOU UNDERSTAND AND AGREE NOT TO PARTICIPATE IN ANY CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM OR RELATED TO YOUR USE OF THE SITE OR SERVICES OFFERED IN CONNECTION WITH THE SITE.
YOU UNDERSTAND AND AGREE THAT TBG, ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, OR ANY OF THE PRECEDING’S DIRECTORS, OFFICERS, REPRESENTATIVES, SUBCONTRACTORS, ADVISORS AND VOLUNTEERS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SITE OR THE SERVICES OFFERED IN CONNECTION WITH THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR EQUIPMENT OR NETWORK FAILURE WHATSOEVER, AND THAT THEY WILL NOT BE LIABLE WHATSOEVER FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITE OR ASSOCIATED SERVICES, EVEN IF THERE IS NEGLIGENCE BY THEM.
Third Party Websites
The Site may provide links to other non-TBG affiliated websites (“Linked Sites”) as a convenience to you or to provide you with products or services (e.g., DropBox and/or other FTP/file-sharing platforms, utilities, tools, or software).
Such Linked Sites are not maintained by TBG, and we are not responsible for the content, products, services, policies, or activities of those Linked Sites. The inclusion of any link on the Site to such Linked Sites does not imply our endorsement of the Linked Sites.
Third-Party Websites Seeking to Hyperlink to the Site.
We welcome appropriate hyperlinks to our Site. By publishing a hyperlink to our Site on your website, you warrant that the content of your website is appropriate and consistent with the stated purposes of the Site and TBG. If this is not the case, please do not link to the Site. We reserve the right to rescind the right to link to our Site at our sole discretion.
You agree to indemnify and hold TBG, its employees, agents, affiliates, parents, subsidiaries, or any of the preceding’s directors, officers, representatives, subcontractors, advisors and volunteers, or anyone else who has been involved in the creation, production, or delivery of the Site or the services offered in connection with the Site harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your use of the Site in violation of any provision of these Terms; (2) your violation of any law or regulation; (3) breach of your representations and warranties as set forth herein; or (4) any Content or other materials, proprietary or otherwise, that you provide to TBG.
We are based in the State of Minnesota in the United States. The Site is directed at persons located in the United States, and we provide the Site and services associated with the Site for use only by persons residing in the United States. We make no claims that the Site or any Content is accessible or appropriate outside of the United States. Access to the Site is not intended for use by persons located outside of the United States. By using the Site, you affirm that you reside in the United States, and you consent to the collection, storage, processing, and transfer of your information in and to the United States, pursuant to the laws of the United States, and the State of Minnesota. We do not knowingly collect, use, or disclose information of European Union residents.
These Terms are governed by the laws of the State of Minnesota, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. If any provision of these Terms is deemed to be unlawful or unenforceable by an arbitrator, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.
Resolution of Disputes
THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Any controversy or claim arising out of or relating to use of the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association to be heard and adjudicated by one arbitrator to be mutually chosen by you and TBG. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Minneapolis, Minnesota, and claims regarding the judgment of the arbitrator (including entry of judgment on the arbitration award) may be brought and shall be subject to the exclusive jurisdiction of the State and federal courts located in Minneapolis, Minnesota. You submit to the exclusive jurisdiction of the state and federal courts presiding in Minneapolis, Minnesota, over any such claims regarding the arbitrator’s decision, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
If we take any legal action against you to enforce these Terms, you will promptly reimburse our reasonable attorneys’ fees and any and all costs incurred.
Availability of Site/Services
Our objective is to make the Site and corresponding services available 24 hours a day/7 days a week. We may, however, interrupt, limit, or suspend the Site’s operations at any time for any purpose, including but not limited to maintenance, addressing technical issues, conducting audits, and complying with applicable laws or regulatory bodies. We will make reasonable efforts to post notices on the Site in advance of material changes to the Site.
If you have any questions about the Site/Services or these Terms, you may contact us via e-mail at email@example.com or via regular mail at:
The Bernard Group
19011 Lake Drive E
Chanhassen, MN 55317
Attn: Retail Marketing Department
We are always glad to hear your questions and comments.
These Terms and other policies and notices we may post on the Site constitute the entire agreement between TBG and you in connection with your use of the Site, associated services, hyperlinks to the Site, and the Content displayed on the Site, and supersedes any prior agreements between us and you regarding such matters, including prior versions of these Terms. No conduct by TBG shall be deemed a waiver of TBG’s legal rights to enforce these Terms.
We may update these Terms from time to time by posting revised versions of these Terms on the Site, without notice to you except that the effective date at the top of these Terms will change and your subsequent use of the Site is governed by those new Terms. These Terms are effective until terminated by TBG, at any time without notice. In the event of termination, the disclaimers, limitations of liabilities and indemnities set forth in these Terms will survive.
These Terms were last updated on March 25, 2019.