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Bernie's Best - Terms of Use

Introduction and Acceptance of Terms of Use

Bernie’s Best Foods offers you a wide range of content and information about its products and services ("Materials") via this website. By using this web site, you are agreeing to accept and comply with the terms and conditions of use as stated below ("Terms of Use"), which Bernie’s Best may update at any time without notice. You should visit this page periodically to review the then-current Terms of Use. Please note that Bernie’s Best may, at its sole discretion, terminate your access to this website and its private and administrative links at any time without notice.

Limited Right to Use

This web site is owned and operated by Bernie’s Best Foods. Unless otherwise specified, all Materials on this web site are the property of Bernie’s Best and are protected by the ©copyright laws of Canada and, throughout the world by the applicable copyright laws. You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. No Materials published by Bernie’s Best on this website, in whole or in part, may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from Bernie’s Best. The use of any such Materials on any other website or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws.

Communications

Except for any disclosure by you for customer service or technical support purposes, or as specified in our Privacy Statement, all communications from you to this website will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding our company, products or services that you communicate to Bernie’s Best ("Feedback") will be deemed, at the time of communication to Bernie’s Best, the property of Bernie’s Best, and Bernie’s Best shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you. You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use this web site to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.

Submissions

Any remarks, suggestions, ideas, messages and data submitted by you to Bernie’s Best through this Website shall be and remain the exclusive property of Bernie’s Best. Therefore, Bernie’s Best discourages you from submitting anything that you do not wish to assign to Bernie’s Best including confidential information or any original creative materials such as product ideas or original works. If you have any ideas, concepts, know-how or techniques, please Contact Bernie’s Best first before submitting them.

Access to Password Protected or Secured Areas

Access to and use of password protected or secured areas of this website is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this website. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this website as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site. Furthermore, your access and use of the secured areas of this web site will be governed by additional Special Terms of Use and you are strongly advised to review such terms prior to accessing or using those secured areas. If you violate your obligations under this section, you may be subject to prosecution.

Monitoring

Although Bernie’s Best is not obligated to do so, it will have the right to review your communications on this website to determine whether you comply with our Terms of Use. Bernie’s Best will not have any liability or responsibility for the content of any communications you post to this website, or for any errors or violations of any laws or regulations by you. Bernie’s Best will comply with any court order in disclosing the identity of any person posting communications on this website. It is advisable that you review our Privacy Statement before posting any such communications. Please note that when you conduct transactions with other companies providing content via this website, you will also be subject to their privacy policies.

Links to Other Sites

The linked sites are not under the control of Bernie’s Best and Bernie’s Best is not responsible for the content of any linked site or any link contained in a linked site. Bernie’s Best reserves the right to terminate any link at any time. Bernie’s Best may provide links from this website to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. Bernie’s Best DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.

Proprietary Rights

The Bernie’s Best logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use reproduce or copy such logos in any manner without the prior consent of the owner.

The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively "Content") are subject to © copyright, trademark or other proprietary rights or licenses held by Bernie’s Best or its parent or affiliates or by third parties who have licensed their right to Bernie’s Best. All Content is copyrighted as a collective work under Canadian and international copyright laws.

Consent to Jurisdiction

Any claim relating to the use of this site and the materials contained herein is governed by the laws of the Province of Alberta, Canada. Use of the site, constitutes your consent to the exclusive jurisdiction of the Provincial and Federal courts located in Alberta, Canada.

Indemnity

You agree to indemnify, defend and hold Bernie’s Best harmless from and against any and all third party claims, liabilities, damages, losses or expenses (including reasonable attorney's fees and costs) arising out of, based on or in connection with your access and/or use of this website.

Limitation of Liability

IN NO EVENT SHALL BERNIE’S BEST OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE OR ANY LINKED SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION OR MATERIALS PRESENTED ON THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY EVEN IF BERNIE’S BEST OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer

Bernie’s Best assumes no responsibility for accuracy, correctness, timeliness, or content of the Materials provided on this website. You should not assume that the Materials on this web site are continuously updated or otherwise contain current information. Bernie’s Best is not responsible for supplying content or materials from the website that have expired or have been removed.

Bernie’s Best provides all Materials and Content on this Website as is without warranties of any kind, either express or implied including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Bernie’s Best does not represent or warrant that this Website will be accessible without interruption or that this Website is free from errors, defects, design flaws or omissions or from viruses or other harmful components.

Modification of Content

Bernie’s Best attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth above, Bernie’s Best does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Bernie’s Best reserve the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you.

Changes to Terms of Use

Bernie’s Best reserves the right to change the Terms and Use and anything else on the Website at any time.

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